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Moscow Juridical Journal

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No 3 (2024)
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ТЕОРЕТИКО-ИСТОРИЧЕСКИЕ ПРАВОВЫЕ НАУКИ

6-11 1
Abstract

Aim.To describe modern approaches to the study of the concept of «legal education», contributing to the transfer of those socio-legal norms that correspond to the values of society and the state.

Methodology.The article uses the method of theoretical research of various approaches in the study of «legal education». The procedure of comparative analysis of such methods makes it possible to obtain and formulate a comprehensive integrative concept of «legal education».

Results.Based on the consideration of the indicated approaches to the definition of the concept of «legal education», the content of this integrative concept is clarified and formulated, which allows, within the framework of the educational modernization strategy, to complement the system of measures aimed at the formation of key legal competencies of students.

Research implications. The theoretical significance of this article lies in the fact that the results of the analysis of various approaches in the study of «legal education» will be useful for creating methodological recommendations for the organization of legal education, systematization of forms and methods of legal education in the framework of the formation of the legal culture of students.

12-18 3
Abstract

Aim. Confirmation of the importance and identification of the features of the formation of legal literacy of schoolchildren in the educational environment.

Methodology.The work is mainly based on the use of the method of analysis of regulatory documents of strategic planning, which enshrine the basic principles of maintaining law and order, as well as preserving and strengthening traditional Russian spiritual and moral values.

Results. The article notes the key role of the educational organization in this process, and also examines various areas for the formation of legal literacy of schoolchildren as one of the vectors of implementing state policy to promote and protect traditional Russian values.

Research implications. The results of the study can be applied in planning the educational process in the current political situation and tasks set at the state level.

ПУБЛИЧНО-ПРАВОВЫЕ (ГОСУДАРСТВЕННО-ПРАВОВЫЕ) НАУКИ

19-30 2
Abstract

Aim. Identify the main tools contributing to the development of the infrastructure of technoparks and their residents, as well as consider aspects of improving the legal regulation of state support for technoparks in the Russian Federation.

Methodology. To achieve the set objectives, the authors studied, systematized and analyzed a significant number of scientific, educational and methodological sources. The norms of international and national law concerning the legal regulation of public relations related to the organization of technology parks in Russia were also summarized. The process of systematization and generalization of data required the use of various methodological approaches, including dialectical methods such as analysis and synthesis, as well as cultural and comparative legal methods. To identify patterns, logical methods were used, including deduction, induction and analogy, as well as historical and formal legal approaches. Describing and comparing the results with other studies, the authors used systemic, functional and sociological methods.

Results.The conducted analysis allowed to identify trends in the evolution of legislation. In particular, successful regulation of the activities of technology parks specializing in high technologies at the federal level was noted, which led to the formulation and consolidation of the definition of a technology park at the regulatory level. However, some shortcomings were also identified, such as the possibility of creating technology parks and receiving support only if the goals defined by law are met, as well as the lack of legal norms regulating the activities of technology park residents. As a result, a conclusion was made on the need to further improve the system of state regulation of technology parks based on federal legislation and current standards.

Research implications. Until recently, the management of technology parks was fragmented and unsystematic, but in recent years positive changes have been observed, which is associated with amendments and additions to industry legislation.

ЧАСТНО-ПРАВОВЫЕ (ЦИВИЛИСТИЧЕСКИЕ) НАУКИ

31-41 2
Abstract

Aim. To analyze the law enforcement practice of determining the place of residence of a child with one of the parents, to study discriminatory aspects in relation to the rights of separated fathers to participate in the upbringing of a child. To propose ways of improving legislative and judicial mechanisms to ensure equal rights of parents and to protect the interests of children.

Methodology.The article uses the method of comparative analysis of the norms of Russian family legislation, as well as case law. General scientific methods are applied: analysis, synthesis and abstraction. In addition, the legal method of interpretation of legal norms is applied to identify gaps and conflicts in the regulation of relations between parents and children after the dissolution of marriage.

Results.Key problems of law enforcement practice have been identified, including the established presumption of determining the place of residence of the child with the mother, the lack of guarantees of the rights of separated fathers to raise and interact with children, as well as insufficient regulation of cases of relocation of one of the parents. It is concluded that it is necessary to introduce legal mechanisms to ensure the equality of parents in matters of child rearing, regardless of their place of residence.

Research implications. The obtained results can be used for further research in the field of family law, as well as for the development of recommendations to improve the legislation. Practical significance lies in the possibility of applying the conclusions of the article in resolving disputes about the place of residence of the child and the order of communication with him, as well as in increasing the level of protection of the rights of parents and children.

42-49 5
Abstract

Aim. An overview of individual problems existing in the computer game industry and consideration of proposals to overcome them.

Methodology. The basic scientific methods were: analysis and hypothesis. Thus, an analysis of existing local regulations for online computer games of the MMORPG genre was carried out to identify regulatory problems, as well as current legislation in terms of determining the availability of effective mechanisms for resolving identified problems. The hypothesis method has been applied in terms of developing a number of proposals to improve the regulation of problematic relations.  

Results. It is concluded that there are systemic problems in the field of licensing agreements for computer games. So, in today’s realities, they ensure the interests of only one side – the manufacturer, trampling on the other, which cannot be considered true. Proposals are given to create standard rules for drafting license agreements, or to create a license agreement designer that takes into account the interests of each of the parties. It is determined that as a response to violations of user rights, many unauthorized analogues of computer games have appeared, and a trend towards their popularization has been determined. To normalize the situation, two ways to solve the problem are proposed: the first, as a priority, to take into account the interests and needs of users through the creation of a license agreement constructor, which is necessary for the conscious refusal of users from piracy, the second is to create a set of administrative measures aimed at forcibly reducing the proportion of intellectual property violations on the Internet.

Research implications. Identifying the main legal problems in the field of computer games and developing proposals to overcome them.

50-61 3
Abstract

Aim.To determine the legal significance and problems of applying the cancellation of tenders on the basis of an administrative order, formulate proposals for eliminating them.

Methodology.In the work, using the functional method, the legal nature of the cancellation of tenders based on an administrative order is determined. Then, through an analysis of legal norms and judicial practice, a distinction is made between this measure and the recognition of tenders as invalid, and differences with other administrative orders affecting the course of tenders are identified, and the limits of application of this measure are determined. The formal logical method was used to formulate the final conclusions and verify them.

Results.The author proves, that the use of this legal measure must be restricted to use only in cases, when the interest of tender participants is inextricably linked with the consolidation of property rights of a public legal entity. It is also necessary to enshrine in the law the general conditions for applying restrictions of the antimonopoly law. The need has been identified to change the approaches of judicial practice that unreasonably limit the application of this measure in cases where bidders are not competitors on the product market.

Research implications. The study highlights the main problems of the cancellation of tenders on the basis of an administrative order that impede its effective and fair application and formulates proposals for improving legislation and law enforcement.

62-69 4
Abstract

Aim.The study of the improvement of transactions – the institution of convalidation and the identification of problems in the application of this institution in practice, as a special legal instrument that allows you to get out of the general understanding of the consequences of the invalidity of transactions and recognize a transaction with a defect as valid

Methodology.The work used formal legal and comparative legal analysis and systematization methods. The application of the formal legal method made it possible to explore the existing terms and categories necessary to stabilize civil turnover. The application of the method of comparative legal analysis and systematization made it possible to correlate the estoppel rule with the institution of invalidation of invalid transactions and to identify the need to improve the legislative regulation of the institution of convalidation.

Results.The positive effect of the application of transaction validation to ensure the stability of contractual relations in the business sphere is substantiated. The author notes that the use of convalidation to improve the transaction prevents the devastating consequences of the invalidity of transactions. At the same time, the need has been identified, for uniform application in judicial practice, at the legislative level, to establish restrictive limits on the application of convalidation, by indicating transactions to which this procedure can be applied with the establishment of a judicial procedure for the rehabilitation of transactions and determining the circle of persons entitled to present relevant requirements.

Research implications. The suggestions and conclusions contained in this article can form the basis for further study in the field of healing, rehabilitation of transactions with the defects of their commission.

CRIMINAL LAW SCIENCES

70-78 2
Abstract

Aim.Conduct a comprehensive analysis of modern research methods in ballistics, their application in forensic examination and assessment of their effectiveness for solving problems related to the investigation of crimes committed with the use of firearms. Special attention is paid to the integration of numerical modeling, experimental methods and artificial intelligence technologies to improve the accuracy, objectivity of expert conclusions.

Methodology.To achieve the set goal, a multi-stage research procedure was carried out: an analysis of scientific literature, a study of the theoretical foundations of ballistics, including internal, external and terminal ballistics, as well as modern approaches to their study, an analysis of the works of both domestic and foreign authors specializing in the use of ballistic methods in forensic science. Real cases of using various research methods in forensic practice were considered. This made it possible to identify the most effective approaches and limitations of existing technologies. Numerical methods were used to simulate projectile trajectories, taking into account air resistance, the influence of the Coriolis force and other factors. Software tools such as Ballistic Trajectory Simulation (BTS) and Integrated Ballistics Identification System (IBIS) were used. Tests were conducted on ballistic stands to verify hypotheses regarding the characteristics of weapons and ammunition. Laser spectroscopy (LIBS), high-speed shooting and other modern technologies were used. The effectiveness of machine learning algorithms for analyzing ballistic data, comparing traces on bullets and cartridges, and processing video and photo materials is assessed. The results obtained by different methods are compared to determine their complementarity and the possibility of combining them to increase the reliability of conclusions.

Results.Numerical modeling has demonstrated high accuracy in calculating projectile trajectories and reconstructing crime scenes. This method is especially effective when combined with experimental research data. Laser diagnostics allowed for a detailed study of traces of gunpowder carbon and microscopic particles left after a shot. This significantly improved the ability to determine the distance to the shooter and the type of weapon used. High-speed filming provided unique data on the movement of a bullet in the first milliseconds after a shot, which is important for analyzing the nature of gas emissions and the shape of a flame. Ballistic stands have proven their importance for imitation tests and testing hypotheses regarding the penetrating ability of bullets and other weapon characteristics. Artificial intelligence has demonstrated high efficiency in automatically comparing traces on bullets and cartridge cases, as well as in analyzing video materials. Machine learning algorithms allow processing large amounts of data in a short time, which is especially important in complex cases.

Research implications. Thus, this research not only summarizes modern methods of ballistic study but also demonstrates their practical applicability in forensic investigations. The integration of advanced technologies with traditional methods allows achieving high accuracy and objectivity when solving complex tasks arising in modern judicial practice.

79-88 3
Abstract

Aim.To justify the need to introduce the term “crimes against the digital security of the healthcare system” into the criminal law doctrine, to formulate a definition of the concept, to identify what characteristics such acts have and to present their system.

Methodology.Domestic and foreign publications reflecting research on the problem under consideration were used as scientific material. The article makes an attempt to systematize the existing theoretical views of both domestic and foreign authors, to summarize the obtained material in the context of the development of digitalization, digital technologies and the impact of this process on crime. The received materials were critically assessed by the author, which made it possible, taking into account the essence of digital technologies, to formulate his own concept of crimes against the digital security of the healthcare system, their system and characteristics.

Results.  An inevitable result of the digitalization of all spheres of public life, including the healthcare sector, has been the use of digital technologies for criminal purposes, which should serve as a natural impetus for the formation of theoretical and applied foundations for combating crime. Based on the results of the study, it was concluded that it is necessary to introduce the term “crimes against the digital security of the healthcare system” into scientific circulation, the characteristics that characterize them were formulated and their systems were developed, and differences from digital crimes were drawn.

Research implications. The theoretical and practical significance lies in the fact that the terms “crimes against the digital security of the healthcare system”, “digital crimes” have been introduced into scientific circulation, their definitions have been given, criteria for distinction are given, signs are revealed and a system of criminal offenses is presented, which in general expand existing knowledge in criminal law doctrine.



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