LAW
The training of lawyers is due to serious changes in modern society. This article discusses three models for training lawyers that could be applied in the near future.
Questioning the legal nature of artificial intelligence and the possibility of endowing it with legal personality cause numerous discussions among representatives of legal science. This is due to the involvement of artificial intelligence systems in civil legal relations as their direct participants. As a result of the rapid development of this technology, there is a growing trend towards the emergence of artificial intelligence units with significant autonomy in decision-making and the implementation of various actions, including legally significant ones. The article considers the qualities of artificial intelligence that allowing drawing a conclusion about its potential ability to be the bearer of subjective rights and legal obligations.
The article examines the transformations taking place with the criminal procedure form in connection with the introduction of elements of digitalization and informatization into criminal proceedings. The already established main directions for the use of digital technologies in domestic criminal justice are identified and identified; studied and presented the positive experience of the formation of electronic criminal justice systems abroad; the conclusion about the expediency and effectiveness of the digital transformation of the criminal procedure form based on the detailed development of legal mechanisms for the use of digital technologies and ensuring the protection of information, other technological and legal security measures is argued.
The article deals with the issue of ethnic-cultural autonomies and their rights. In the modern actively developing multipolar world, where special attention and importance is attached to creating a more democratic and just world, guaranteeing the rights of all peoples and the preservation of the cultural and civilizational diversity of mankind,ethnic minorities are singled out in a separate line. Ensuring the rights of minorities, regardless of the goals and possibilities of their association, the complete denial and prevention of any variants of chauvinism and nationalism is the foundation of an effective and high-quality domestic policy of our state.
The global political, economic and social changes that have taken place recently in the country and the world have inevitably influenced the transformation of social institutions. In such changing conditions, a person and a family lose social guidelines, the processes of adaptation to new realities become more complicated. The purpose of the study is the family as a socio-legal category in the context of global globalization.
The article deals with the constitutional principles of environmental legislation in Russia and the French Republic in a comparative aspect. As it is known, today the industrial model of the development f the world has led to the degradation of the natural environment. Mankind facesmore and more global environmental problems and natural disasters. The topical question is, man for nature or nature for man? In this regard, it is particularly relevant to study the experience of the French Republic, which has been pursuing a targeted policy of environmental protection over the past 50 years. The concept of sustainable development, the principles of “polluter pays” and the prevention of negative impact on the environment should beintroduced into the constitutional legislation of Russia. The legislation of the Republic of Sakha (Yakutia) seems interesting in this regard.
The right to historical memory, or the search for historical truth, lies in the ability to openly and impartially discuss one’s own history. Historical experience can also be negative, but in any case, it plays the role of self-identification, as it provides social cohesion, and therefore is a kind of general prevention of potential future conflicts.
The article examines the relationship between intellectual property and the sphere of culture, defines the points of contact of one of the objects of civil rights – «intellectual property» and the category «culture».
The article analyzes the draft Federal Law No. 160278-8 “On Amendments to the Code of Administrative Offences of the Russian Federation”, which is part of the “fifth Antimonopoly package” and is aimed at strengthening administrative responsibility for failure to comply with a legal decision, an order of the federal antimonopoly authority within the prescribed period.
In the article, based on the analysis of historical documents, the evolution of measures of criminal law impact in domestic criminal law and legislation is studied, depending on various historical periods in the development of Russian society and the state. At the same time, the author pays special attention to the issue of establishing a “two-track” system of measures of criminal law.
The article deals with the problem of searching different bases for the classification of real action. The solution of the stated problem allows to approach more effectively to the construction of the system of real action. The conclusion is made that the classification of real action allows to consider the relation between particular real action, which contributes to the definition of their essence and legal nature; several bases for the classification of real action are suggested; it is impossible to build a classification of real action by the criterion of the protected power in the real right.
The article deals with the problem of qualifying a robbery committed in complicity together with an indelicate person. In the course of the study, the author carried out a comparative analysis of the criminal law norms on complicity enshrined in the criminal legislation of the RSFSR of 1960 and the provisions of the current criminal legislation of Russia. In the course of the study, special attention was paid to the study of the decisions of the Plenum of the Supreme Court of the USSR, the RSFSF and the Russian Federation, containing recommendations on the qualification of crimes committed in complicity with a person who is not subject to criminal liability due to age or insanity. In addition, this paper explores doctrinal views and established judicial and investigative practice regarding the problem under consideration. Based on the results of the study, the author came to the conclusion that the problem of the criminal law assessment of the act committed by the guilty party together with the indelicate person is due to the introduction of the provision on a mediocre performer into the norms of criminal law on complicity. This provision provides for liability for a person committing a crime by the hands of an unfit subject, however, the issue of qualifying an act committed by a guilty person together with a person who does not have the characteristics of a subject, according to the author, remains unsettled, as evidenced by conflicting judicial and investigative practice. In this connection, the author proposes legislative innovations designed to solve the problem of qualifying crimes, including robberies committed jointly with an indelicate person, and to exhaust discussions on the issue under consideration.
The article presents an overview of the constitutional and legal legislation on maternity protection. Constitutional and legal protection of motherhood is carried out in the sphere of the realization of mothers’ labor rights, in the social sphere and in the field of medical support of motherhood. These areas relate to issues of joint jurisdiction of the Russian Federation and its subjects. Based on this, the article analyzes the federal legislation and the legislation of the Republic of Sakha (Yakutia). The provisions of the Federal Constitution and federal legislation lay the fundamental basis for the norms of republican legislation. Accordingly, the legislation of the Republic of Sakha (Yakutia) establishes specifying and additional measures for the protection of the family, motherhood, fatherhood and childhood. The article notes that depending on the focus of protective measures: in the sphere of implementation of labor rights of mothers, their social rights and the right to health care – the heterogeneous content of the legislation of the subjects of the Federation, including the legislation of the Republic of Sakha (Yakutia) is noticeable. The rights of mothers in the social sphere are more fully and voluminously enshrined in the legislation of the Republic of Sakha (Yakutia). In the field of protection of labor and medical rights, the legislation of the Republic is presented to a greater extent in the form of overlapping norms. The article also focuses on the difference between the protection of rights and their protection.
The experience of survival of indigenous peoples in the extreme conditions of the Arctic requires their own study, understanding and use. One of the key conditions for this survival was the organization of their traditional economic activity – reindeer husbandry. Only the communal form of organization of corporate relations allowed us to successfully cope with the difficulties created and created by the nature of the Arctic itself, its vast territories. In this article, the authors have attempted to consider the corporate and legal forms of traditional economic activity of the indigenous peoples of the Arctic in their development.
The article is devoted to the issue of the mechanism of legal information in the Russian Federation, its state and problems of development of the network of public access to legal information. The changes in the Russian legislation in improving the activities of law-making, law enforcement and law enforcement agencies in this matter are investigated. The introduction of information and digital technology is considered and the legal status is considered. Proposals have been made to the content of the legal information mechanism.
This article reveals the role of the Commissioner for Human Rights in the Republic of Sakha (Yakutia) in criminal proceedings in different years, the work of the Commissioner with citizens’ complaints. Specific examples of the commissioner’s work in criminal proceedings are given. Public participation in the form of people’s assessors in criminal proceedings is proposed.
Currently there has been an expansion of economic and other activities in the Arctic region, including the extraction of mineral resources on the continental shelf of the Arctic Ocean. It is important to understand the extent of research concerning the mechanism of legal regulation of environmental protection of Russia’s Arctic zone. In the science of environmental law there are two approaches aimed at protection of the environment in the Russian Arctic, the first of which argues in favor of development and enactment of a specific law concerning the Arctic zone of the Russian Federation; the second argues for the necessity of reflecting the distinguishing characteristics of the Arctic in existing legislation. As a result of determining the distinctive environmental features of Russia’s Arctic zone and their reflection in Russia’s current environmental legislation, the study offers an improvement of existing mechanisms and a development of new legal protective measures with the environmental distinctions of Russia’s Arctic zone being taken into account.
HISTORICAL SCIENCES
The article deals with the history of the foundation of school No. 5 in Yakutsk, its evolution into to a modern secondary school. The study of the history of the small motherland in all its diversity is a complex cognitive complex that includes many issues that require a clear and correct answer, evidence and reasoned conclusions. The concept of “small homeland” is one of the elements of historical education and one of the most important branches of school local history. It is an important means of connecting the school with life. The creation of a School Chronicle is not just a listing of historical events. This is a monument of our spiritual culture, a historical heritage for posterity. The chronicle of the school is the flagship of patriotic education of schoolchildren.
The article is dedicated to the consent phenomenon, a philosophic and historical category, as well as to intergenerational ties. By the example of exploration of history of the Great Patriotic War, especially materials of Gavril NesterovichEfimov, a participant of the Great Patriotic War, collector and custodian of documents about participants of the Great Patriotic War from Bert-Usovskynasleg, Ust-Aldansky district, it shows that ties between generations can be reestablished, and communality of nations’ historical fate and unity of our history – brought into the foreground.
YOUNG SCHOLAR’S TRIBUNE
Author of this article examines the legislative experience of counteracting the Socialist Republic of Vietnam to customs crimes, and also assesses the possibility of its consideration by the Russian legislator in order to improve criminal legislation in this area. The author conducted a comparative analysis of the general logic of the construction of the criminal law of the Socialist Republic of Vietnam and the Russian Federation, as well as separately articles providing for liability for customs crimes. This article highlights both common features and distinctive features in the construction of the criminal legislation of these countries. As a result of a detailed analysis, the author comes to the conclusion that for all the seemingly uniformity of criminal legislation in the countries studied, Vietnam’s experience in countering customs crime cannot be taken into account by the Russian Federation due to the dissimilarity of the logic of constructing special parts of the criminal codes of the countries.