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Moscow Juridical Journal

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No 2 (2023)
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BIOLOGICAL SAFETY IN SECURITY LAW

7-19 383
Abstract

Aim. To identify the actual problems of the theory of legal understanding and practice of legal regulation of biological safety in international law and Russian law, to consider the theoretical and applied aspects of the legal content and types of biological safety, to assess the sources of international law and Russian legislation regulating relations in the field of biological safety.  

Methodology. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (comparative-legal, historical-legal, formal-legal).  

Results. Theoretical and methodological, scientific and practical issues of legal understanding and legal con­tent of biological safety are disclosed, classification of its types is proposed. The assessment and forecasts of the improvement of the legal regulation of biological safety in international law and in Russian law are given.  

Research implications. The results of the study contribute to the theory and practice of international law and constitutional law, creating prerequisites for the development of the doctrine and identification of classifications of biological safety types, further in-depth conceptual study of this public legal category. Proposals have been made to improve the legal regulation of biological safety.

20-30 236
Abstract

Aim. To reveal the features of the constitutional and legal narrative “ensuring biological safety, to con­sider the theoretical and applied aspects of its understanding.  

Methodology. The dialectical and legal approach to the cognition of the constitutional and legal narra­tive “ensuring biological safety” were used, which determined the choice of the following methods of cognition: formal logical, formal legal, system analysis and comparative legal.  

Results. The characteristic of the concept of constitutional and legal narrative is presented. Theoretical, legal and methodological features of the constitutional and legal narrative “ensuring biological safety” are revealed, and its significance is shown.  

Research implications. The theory of public law has been developed. The results can be used in the work of bodies exercising public administration.

THEORETICAL AND HISTORICAL LEGAL SCIENCES

31-42 286
Abstract

Aim. To identify current problems and factors of the digitalization processes influence on the develop­ment of professional legal consciousness of employees of the internal affairs bodies.

Methodology. The study uses a comparative legal method, sociological, formal-logical and dialectical methods.

Results: General and special aspects of the impact of the processes of digitalization of public relations on the state of professional legal awareness of employees of the Department of Internal Affairs and the emergence of its deformation are scrutinized, as well as the changes in the content components of professional training of employees of the Department of Internal Affairs. The essential aspects of the impact of public life digitalization on the state and development of professional legal awareness of ATS employees are defined and proposals for the implementation of legal work and the organization of professional training in the internal affairs bodies put forward.  

Research implications. The results of the study contribute to the theory of law, creating the prerequi­sites for the development of the theory of legal awareness in terms of the study of types of professional legal awareness and further in-depth conceptual study of theoretical and legal categories.

PUBLIC LAW (STATE LAW) SCIENCES

43-54 288
Abstract

Aim. To analyze the problem of human (the patient’s) rights observance in the context of providing medical and social assistance to persons with cognitive impairment in order to develop a system of recommendations for the protection and enforcement of the rights of this category of persons in the context of the development of digital relations.  

Methodology. The research uses the following methods: comparative-legal, historical, formal-logical, legal-dogmatic, as well as the methods of analysis and synthesis. Besides, an interdisciplinary ap­proach was applied when considering topical issues of compliance with patients’ rights.  

Results. On the basis of the new expert system proposed by the authors, which encompasses the diag­nosis, treatment and monitoring of cognitive impairment taking into account risk factors and assessing the adequacy and timeliness of prescribing therapy, as well as the new program of dementia precau­tions with the following evaluation of its effectiveness, new recommendations for protecting the rights of patients with cognitive impairment were offered.  

Research implications. Conclusions made in the study are aimed at improving the legislation and law enforcement practice in the field of ensuring and protecting the rights of patients with cognitive impair­ment. The results of the work can be used not only in law enforcement activities, but also in the process of teaching at educational organizations.

55-63 255
Abstract

Aim. To identify the influence of the epidemiological factor in the form of the spread of COVID-19 and environmental factors associated with a threat to environmental safety on the forms of election campaigning, to formulate the concepts, conditions and factors for the implementation of passive suffrage.  

Methodology. The work used general scientific and special research methods.  

Results. The concepts, conditions and factors for the implementation of passive suffrage are formulated, the criteria for classifying these concepts are identified. An assessment and forecasts are given for improving the legal regulation of pre-election campaigning in social networks.

Research implications. An inter-sectoral approach is applied to the study of the forms of conducting pre-election campaigning. The results of the study made it possible to identify various grounds for classifying the conditions and factors for the implementation of passive suffrage. Proposals are formulated regarding the regulation of the exercise of electoral rights, taking into account the influence of specific factors.

64-71 217
Abstract

Aim. To consider the features of the concept of multilevel governance as a new form of territorial organization of public power, analyze its origins, prerequisites and prospects.  

Methodology. An analysis of the concept of multilevel governance was made using the comparative legal method as the main research method. Sociological, systemic and structural-functional approaches were also applied.  

Results. Both the shortcomings of the concept of multilevel governance and its significance from the point of view of the development of constitutionalism and the strengthening of the democratic principles of the European institutional structure were revealed.  

Research implications. The formulated conclusions are important for understanding the features of the territorial organization of public power in a modern state, the peculiarities of the interaction of various levels of power in the context of their increasing mutual influence and interdependence, the prospects of national states within the existing multilevel system.

72-95 220
Abstract

Aim. To present the array of reforms to the constitutional, electoral, and referendum law in the Republic of Poland since 2015 and to reveal to the Russian legal community the existing legal landscape in the light of the upcoming national elections in 2023 for both houses of parliament in the Republic of Poland – the Sejm and the Senate – which could result in significant constitutional and political events, includ­ing changes in the fundamental structure of the constitution. To reveal to Russian legal scholars the deliberative, systematic, and consistent changes in the constitutional and legal fields of the Republic of Poland and in the area of electoral law and referendum rights with a specific goal in the form of Poland’s national liberation struggle for independence from the European Union.  

Methodology. A large volume of relevant modern legal literature was examined, comprising around 60 sources, some of which are unknown to the Russian scientific community and are being introduced for the first time. The research methodology is based on a combination of general scientific and specific legal methods, particularly the systematic method, analysis, synthesis, generalization, and forecasting. The formal-legal method was also used to analyze the normative legal acts of the Republic of Poland, while a comparative approach was employed in analyzing Polish and Russian sources. The historical-legal method allowed for the examination of the beginning and development of the novelties in Poland’s constitutional and electoral legislation in chronological order, taking into account modern peculiarities, and to forecast their future outcomes.  

Results. Having disclosed in chronological order the changes in the constitutional and electoral legis­lation of the Republic, the absence of chaotic, fragmentary, “short-sightedness” in the actions of the Polish legislator and the presence of a deep legal understanding of the ongoing reforms were proved. It was proposed to consider the novelization of the electoral law and the right of referendum of Poland together with the reforms of the constitutional law of the Republic, because they represent, on the one hand, a legal institution, and, on the other hand, a legal instrument of implementation of the ongoing changes united by a common goal.  

Research implications. The scientific novelty of the study lies in anticipating the probable victory of conservative forces represented by the PiS political party or its coalition, which would enable them to obtain a constitutional majority of votes in the upcoming national parliamentary elections in 2023. This is likely to put an end to the constitutional crisis by adopting amendments to the Republic’s Constitution but make the political vector of the country’s development unpredictable.

CRIMINAL LAW SCIENCES

96-105 390
Abstract

Aim. To analyze the current crime situation in the fuel and energy complex (FEC) in the context of the anti-corruption policy of the Russian Federation.

Methodology. The results of the activities of the internal affairs bodies (ATS) in countering corruption-related crimes (CRC) in the fuel and energy sector are analyzed, the circumstances and methods of committing these crimes are highlighted, as well as the characteristic features and properties inherent in persons committing CRC.  

Results. The problems arising in the activities of the Department of Internal Affairs for the decorrupcial­ization of the fuel and energy complex are identified, and ways to resolve them are outlined.  

Research implications. A criminological characteristic of corruption-related crimes in the fuel and en­ergy complex has been formed, including a portrait of a corrupt criminal. Separate legal and organiza­tional measures are proposed to improve the decorrupcialization of this complex.

106-117 312
Abstract

Aim. Justification of the need for intermediary responsibility of Internet service providers in the context of global trends in information and communication technology (ICT) and digital population of the world based on the analysis of their impact on the organization, coordination, incitement and commission of riots.  

Methodology. The work used general scientific methods of research - dialectical, logical, systematic, as well as private scientific methods - formal-legal, statistical, interpretative, etc.  

Results. The trends in the use of ICTs in riots were outlined, leading to the conclusion that it is reasonable to hold internet service providers criminally liable for the intermediary if they have the organizational and technical capacity to intervene in the informational social relations of their users at any time.  

Research implications. Measures to address the criminal liability issues of offenses perpetrated utilizing high technology are presented, along with the reconceptualization of the criminal policy.

118-124 296
Abstract

Aim. Development of the author’s definition of handwriting microfeatures as a set of their properties that are important for the process of handwriting examinations.  

Methodology. A comparative study revealed the main properties of handwriting features in general, on the basis of which the qualitive characteristics of handwriting microfeatures were established. The basis for the experimental material ware 60 manuscripts made using 60 ballpoint pens as the most common writing instrument. On the basis of the experiment the data on the quantitative characteristics of hand­writing microfeatures were obtained.  

Results. Qualitative and quantitative characteristics allowed us to formulate their author’s definition.  

Research implications. The formulated definition can be used for further development on the theory forensic handwriting examination and expertology. The most stable handwriting microfeatures identified can be used by the practicing handwriting examiners to increase the identification significate of simple and brief research objects when forensically significant information obtained by the traditional method is insufficient.

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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)