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Moscow Juridical Journal

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No 1 (2024)
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NEW TRENDS IN LEGAL REGULATION TOURISM ACTIVITIES

THEORETICAL AND HISTORICAL LEGAL SCIENCES

7-19 255
Abstract

Aim. To identify the features of the priority areas of activity of the modern state applicable to the legal reality of Russia, as well as the conditions that consolidate the sustainable development of the country in the digital age and lead to the emergence of independent functions of the state.
Methodology. In order to achieve this goal, the methodology is based on the principles of historicism, analysis and synthesis of state-legal phenomena, as well as methods of statistics and sociology of law.
Results. The conducted research made it possible to prove and justify the existence of an independent separate function in the modern state called the “educational function”, which is not identical to educational or cultural-educational. Based on the historical traditions of the past, this function allows you to quickly solve the problems of forming legal consciousness and legal culture of society in the most optimal ways, to spread and consolidate in the minds of the population the achievements of your country, devotion and love for the Motherland, traditional values. The article analyzes the trend of changing the priority of the functions of the state in history, identifies and justifies it as a relatively independent function of the state – educational.
Research implications. The conclusions formulated in the article allow us to theoretically expand the classification of the functions of the state, to determine an effective mechanism for influencing the consciousness and behavior of the population living within a certain state in order to ensure its sustainable development.

PUBLIC LAW (STATE LAW) SCIENCES

20-28 172
Abstract

Aim. To identify the current political and legal problems of formation and implementation of state policy in the field of social security in modern Russia.
Methodology. The article considers the actual theoretical and political-legal aspects of social security of the Russian society. The importance of the problem is associated with the search for provisions that can create a foundation for sustainable social development of the Russian state. The research methods were: document analysis, comparison and systematization.
Research implications. Political and legal problems in the implementation of state activities in the field of social security are identified, and possible ways to solve them are shown.

29-36 192
Abstract

Aim. To identify premises of the so-called «culture of hate» in the digital environment by analyzing the specifics of realization freedom of speech, conscience and religion and other freedom codependent with them such as freedom of information and opinion within it. To evaluate the ability of the current Russian legislation to response to the challenges caused by the digitalization of social relationships and the development of digital technologies.
Methodology. The author used general scientific (analysis, synthesis, generalization etc.) and private scientific methods (formal judicial method, comparative legal analysis etc.).
Results. The conducted research revealed that the lack of state control in the digital environment together with the deformation of traditional borders of freedom speech under the auspices of their protection cause a corruption of communication between individuals, radicalization and polarization of people and lead to global crises. The legislation of Russia is able to response to the most of new challenges but needs an update when it comes to filling the gaps in legal regulation of deep-fakes and strengthening of control over the digital environment.
Research implications. The results of the study can be used for filling in gaps in national law and politics in the field of the human rights protection. 

PRIVATE LAW (CIVILISTIC) SCIENCES

37-44 144
Abstract

Aim. The purpose of this article was to study the peculiarities of the incentive legal regime of entrepreneurial activity of small and medium-sized enterprises in the sphere of digital innovations and technologies, to identify its shortcomings and to propose the most effective ways to eliminate them.
Methodology. The formal-legal method and the method of comparative legal analysis and systematization were used in the work. The use of formal-legal method allowed us to analyze the existing terms and categories in the studied area. And with the help of methods of comparative-legal analysis and systematization the peculiarities of the stimulating legal regime of entrepreneurial activity of small and medium-sized businesses in the field of digital innovations and technologies were revealed.
Results. The author has identified the main problems in the sphere of support for small and medium-sized enterprises in the field of digital innovations and technologies: the lack of criteria for classifying such entities as small and medium-sized enterprises in the field of digital innovations and technologies; asymmetry of support measures in relation to individual entrepreneurs; inefficiency of financial support measures, including in the context of sanctions. The ways of solving the identified problems are proposed.
Research implications. The proposals and conclusions contained in this article can form the basis for further research in the field of state support of small and medium-sized businesses in the field of digital innovation and technology, as well as be reflected in the rule-making in this area. 

45-56 131
Abstract

Aim. The purpose of the study is a comprehensive legal analysis of the main historical stages of the development of combined reorganization in Russia and the study of the experience of foreign countries in the modern period, the formulation of author’s conclusions and proposals for improving Russian legislation.
Methodology. The methodological basis and procedures of this work are general scientific methods of cognition of legal phenomena (synthesis, analogy, formal logic, etc.), as well as private scientific methods of studying combined forms of reorganization of commercial organizations from the point of view of studying historical stages of development in Russia and substantiating the experience of foreign countries.
Results. A generalizing conclusion is made that the combined, mixed and complex reorganization of commercial corporations as a kind of combined form of reorganization of legal entities, along with mixed and complex, unlike the latter, taking into account current legislative changes, has acquired real legal regulation in the Russian legal space, has deep historical roots. The gradual development of legislation on the combined reorganization of commercial corporations is far from complete – unfortunately, there are many problems that cause difficulties in practice.
Research implications. The paper defines the specifics of the combined form of reorganization of commercial organizations, and formulates conclusions and proposals aimed at balanced legal regulation. 

CRIMINAL LAW SCIENCES

57-69 151
Abstract

Aim. Assessment of tactical errors in the investigation of criminal cases involving crimes involving the use of firearms.
Methodology. An analysis of criminal cases involving crimes involving the use of firearms was carried out, tactical techniques during the investigation were studied, using the example of the investigation of one criminal case.
Results. Significant violations of tactical recommendations of forensic science were revealed during the following investigative actions: inspection of the crime scene, interrogations, inspection of objects and vehicles. No special knowledge in the field of ballistics is used.
Research implications. Theoretical and/or practical significance is determined by the possibility of using the results obtained in further research on this topic, in the process of teaching criminology, as well as the possibility of use in further practical work. 

70-80 223
Abstract

Aim. Give an objective assessment of the current state and dynamics of crime among minors in the Pskov region and determine the current problems of its prevention.
Methodology. The materials of the study were modern statistics on crimes committed by minors. The methodological basis of the study was made up of comparative legal, logical, historical, system-structural methods.
Results. Based on the study of federal and regional statistical data, an analysis of the state and dynamics of crimes committed by minors in the Pskov region was carried out. The conclusions obtained during the study allow us to determine some of the causes of juvenile delinquency and put forward proposals to overcome the deformation of their legal consciousness.
Research implications. The results of the study complement and expand the system of knowledge about juvenile delinquency, present an up-to-date picture of the criminal situation among minors in the Pskov region. 

81-87 173
Abstract

Aim. Determination of the historical prerequisites for the emergence in Russian legislation of the regulatory regulation of liability for robbery, the formation of this institution and its acquisition of certain forms in the process of its development.
Methodology. Based on the comparative historical method of cognition, a retrospective review of the legislative framework of various historical periods in the context of the analysis of this type of theft is undertaken. The main legal acts of the Old Russian and Soviet periods are studied, a comparative analysis with modern legislation is carried out.
Results. The patterns of establishing criminal liability for robbery depending on the historical period are determined. It is concluded that robbery as a crime has been known since ancient times, which is why the legal norms establishing criminal liability for the commission of this crime have consistently developed, which is naturally reflected in the current Criminal Code of the Russian Federation.
Research implications. It was established that the concept of robbery in the legislation of Russia in close to its modern presentation was formed and finally stood out in an independent crime in the 19th century. The basis of the modern understanding of robbery is the concept of robbery, which developed in the pre-revolutionary period of the development of criminal legislation of Russia. 

88-97 172
Abstract

Aim. The aim of the study is to identify trends and determinants of modern juvenile crime in the Russian Federation.
Methodology. The authors used statistical methods, as well as methods of comparison, analysis, and synthesis, which made it possible to obtain the results of the study and formulate certain conclusions.
Results. Based on the analysis of trends and determinants of juvenile crime, we conclude that due to the transfer of minors to online spaces, the latency of this type of crime has increased significantly, which requires rethinking approaches to juvenile crime prevention.
Research implications. The authors propose to change the emphasis on preventive activities and recreate the entire concept of juvenile delinquency prevention, moving away from traditional methods and abandoning, first of all, the idea of juvenile delinquency exclusively as street crime.

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