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Moscow Juridical Journal

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No 2 (2025)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

6-17 273
Abstract

Aim. To study the legislative framework for the digitalization of legal education in the Russian Federation, identifying problems and development prospects.

Methodology. This study analyses regulations governing the field of education and information technology, as well as scientific publications on the digitalization of education. Comparative analysis, system analysis, and content analysis methods have been used.

Results. The key legislative acts defining the digital transformation of legal education have been determined. An attempt was made to identify gaps in legal regulation, and improvements in legislation are proposed. The results of this study can contribute to the development of the theory and legal regulation of the digital transformation of higher education.

Research implications. The theoretical significance of the work lies in the systematization and generalization of legal norms governing the digitalization of education, including legal education, as well as in the identification of current challenges and prospects for the development of legislation in this area. The conclusions and recommendations can be used in the development and improvement of regulations in the field of digital transformation of education, as well as in the development of educational programs and teaching methods in law schools.

PUBLIC LAW (STATE LAW) SCIENCES

18-27 139
Abstract

Aim. To analyze the legal nature and content of the individual right to biological safety in the Russian Federation

Methodology. A complex of general scientific and private scientific methods was a methodological basis of the study, application of which made it possible to achieve the set goal and solving specific research tasks. The formal-legal (dogmatic) method was a main tool of analysis. With its help, the definition of key concepts («biological safety», «individual right», «biological risk») was carried out, the method allowed to identify gaps and collisions in the regulatory definition of biological safety, particularly the narrowing of the circle of protected subjects. The comparative legal method was used to compare the normative approach to defining the right to biological safety with the positions presented in modern Russian legal doctrine. It made it possible to both prove complex nature of the individual right to biological safety and to substantiate its independent character. In both cases the method was a systematic approach.

Results. It is substantiated that the individual right to biological security has a complex content that includes general and specific elements based on fundamental principles, which necessitates the development and specification of the system of principles of biopower. The principles of biological security should be considered as an independent block that contributes to the development of objective and individual right to biological security. It is concluded that the current regulatory definition of biological security, as stated in Federal Law № 492, is insufficiently relevant in the context of current challenges. It has been revealed that the main drawback of the current definition is the narrowing of the range of protected subjects to abstract collective entities such as «the population» and «the environment». A definition of the category «the right to biological safety» has been proposed.

Research implications. The significance lies in the fact that the legitimization of a comprehensive individual right to biological security will transform the current paradigm, in which the individual is primarily an object of protection, into a system in which the individual is an active legal participant in the biological security system, ultimately increasing the effectiveness of countering biological threats at the national level.

28-38 180
Abstract

Aim. To analyze and systematize legal models regulating human cloning at the international and national levels, to identify key legal and bioethical conflicts, and to justify the need to convert from prohibitive approaches to the formation of an integrated regulatory mechanism.

Methodology. The paper provides a comparative legal analysis of international documents and national legislation of some states. The methods of systematization, legal interpretation and case-study are used. A normative and dogmatic approach has also been applied to assess gaps and contradictions in legal regulation.

Results. Three main models of cloning regulation have been identified. It is established that international standards are declarative and fragmented, and national legal systems demonstrate significant divergence. On example of Russia the legal gaps and internal contradictions in prohibitive regulation are shown. The conclusion is formulated about the systemic unpreparedness of the world community for an adequate legal response to the challenges of biotechnology.

Research implications. The work contributes to the development of bio-laws and the theory of regulatory management in the field of bioethics. The results can be used to improve legislation, develop international conventions, and harmonized standards. The practical significance lies in the proposal of specific measures to form a regulatory regime, including criminal sanctions, control procedures and preliminary determination of the legal status of the clone, which contributes to the transformation of cloning from a source of threats into a controlled tool of science and medicine.

39-49 125
Abstract

Aim. To conduct a legal analysis of the institution of commissions for the settlement of disputes between participants in educational relations, identify problems in their work, and develop recommendations to increase the effectiveness of activities to protect and restore the violated rights of participants in educational relations.

Methodology. The article is based on the formal legal method, which made it possible to conduct a scientifically grounded analysis of the existing regulatory framework in the area under consideration. In addition, general scientific methods (analysis, synthesis, and generalization) were used, as well as data obtained from studying the official websites of universities subordinate to the Ministry of Education of Russia.

Results. Proposals have been formulated to improve the efficiency of the work of commissions for settling disputes between participants in educational relations. It is established that further investigation of the human rights potential of the commissions requires consistent improvement of the regulatory framework governing their organization and activities.

Research implications. The conducted research contributes to a deeper understanding of the legal nature and role of commissions for settling disputes between participants in educational relations. The conclusions and proposals formulated can form the basis for further scientific research in this area.

PRIVATE LAW (CIVILISTIC) SCIENCES

50-59 171
Abstract

Aim. To analyze prospects for resolving disputes in the sphere of public property trading by means of mediation.

Methodology. The formal legal method was used to analyze the current legislation related to the settlement of disputes in the sphere of public property trading and the mediation procedure. The judicial practice was studied to compare approaches to the use of mediation in disputes in the private and public law spheres, and a theoretical analysis was conducted on the problems of determining the public interest and the application of conciliation procedures.

Results. It was established that disputes in the sphere of public property trading have a complex privatepublic nature, which gives rise to a conflict between the principles of mediation and the requirements for the protection of public interests. In addition, it was established that the current legislation on mediation (Pt. 5 of Article 1 of Federal Law № 193) creates legal uncertainty regarding the admissibility of mediation in public law disputes, since they affect the public interest by their legal nature. The need for legislative changes providing for mediation in such disputes only after the dispute is referred to the court for consideration, mandatory approval by the court of the agreement reached as a settlement and a requirement for the professional specialization of mediators is also substantiated.

Research implications. The theoretical and practical significance lies in the development of specific proposals for improving legislation aimed at reducing corruption risks and ensuring the legality of the disposal of public property. The proposed model for applying the mediation procedure in the field of public property auctions allows us to use the advantages of mediation (reducing the burden on the courts, finding mutually beneficial solutions) while simultaneously ensuring the protection of public interests. The results of the study can be used in law enforcement and reforming the legislation on mediation.

CRIMINAL LAW SCIENCES

60-66 128
Abstract

Aim. To consider the phenomenon of corruption perception in society, to analyze the level of citizens’ negativism in relation to corruption manifestations, and to determine the anti-corruption potential of society.

Methodology. A questionnaire was conducted among Russian citizens on the issue of the guiltiness of corruption crimes. The dependence of the anti-corruption potential of society on social-historical conditions is illustrated.

Results. The mechanism of forming a contradiction between the denial of corruption by the population and the state anti-corruption policy is shown.

Research implications. A comprehensive analytical methodology was presented, including the study of public opinion, anti-corruption legislation and judicial practice of the fight against corruption, to adjust the state policy of combating crime, criminal legislation, and the formation of recommendations for judicial practice.

69-77 141
Abstract

Aim. To analyze the current legislation of the Russian Federation and organizational forms of forensic examination in terms of the possibility of using an electronic digital signature to sign an expert report.

Methodology. The current provisions of federal and intradepartmental regulatory and legal sources governing forensic activities in the Russian Federation are analyzed. A systematic method was used to analyze the possibility of using an electronic digital signature to sign an expert report in the context of current legal realities.

Results. The study found that there are no restraining factors now that could limit forensic experts in using an electronic digital signature for the procedurally correct execution of an expert report. Significant advantages have been identified for this form of signing the report which are associated with a reduction in the time required to produce expert assessments, an increase in the mobility of interregional interaction between judicial, investigative and expert bodies and a reduction in transport, postal and logistics costs which are borne by the parties and the federal budget when appointing examinations, reducing the likelihood of damage to fragile and dilapidated objects of forensic examination.

Research implications. The results of the research contribute to the practice of forensic examination, develop the possibilities of digital document management in the system of judicial and investigative authorities and forensic institutions, and promote further digitalization of forensic activities in the Russian Federation.



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