bluuebunny/crossref_metadata_2025 huggingface dataset:
Socioeconomic and competitive positioning of livestock chains in Zacatecas, Mexico
Authors: Sánchez Toledano Blanca Isabel , ZEGBE-DOMÍNGUEZ JORGE , CUEVAS REYES VENANCIO
Published: April 2021

Objective: To determine the positioning of the most important livestock productionchains in Zacatecas, Mexico, within a matrix of socioeconomic importance andmarket competitiveness, and to identify research and technology transfer needs.Design/Methodology/Approach: Arranging livestock production chains into ahierarchy was carried out based on the methodology proposed by the InternationalService for National Agricultural Research (ISNAR), taking as analysis axis thedimensions of socioeconomic importance and competitiveness. The six mostoutstanding livestock production chains in the state were selected.Results: The results placed the beef cattle chains as sustainable, the goat andsheep chains were placed as vulnerable, pork and honey were located in theretraction quadrant due to their low socioeconomic importance and competitiveness,and dairy cattle was placed in the strained quadrant.Study Limitations/Implications: It is important to take into account other links.Findings/Conclusions: Strategies for livestock production chains involve makingthe production more efficient through sustainable practices, providing technical assistance to producers, conducting research to generate technology, investing ininfrastructure, and generating products with added value that meet the needs ofconsumers.
Analysis of the beef supply in Veracruz, Jalisco and Chiapas states, Mexico, 2000-2019
Authors: Rebollar Rebollar Eulogio , Rebollar Rebollar Samuel , Guzmán Soria Eugenio , Hernández Martínez Juvencio , González Razo Felipe de Jesús
Published: April 2021

Objective: to determine the effect of the variables that impact the supply of beef in Veracruz, Jalisco and Chiapas states, Mexico, from 2000 to 2019.Methodological design/approach: a multiple linear regression model was used; where the supply was the dependent variable and the price of beef, corn price and annual rainfall were the explanatory variables.Results: the dynamics of the beef production in Veracruz, Jalisco and Chiapas were directly and inelastically explainedby its price with a value of 0.89, 0.13 and 0.49; inversely and inelastically by the price of corn (-0.05, 0.005 and -0.05)and directly and inelastically by the state annual precipitation (0.16, 0.01 and 0.21).Study limitations/implications: it is suggested to test the statistical and economic significance with the Cobb-Douglas supply models to contrast their elasticities.Findings/conclusions: the variable that explained the dynamics of bovine production in these Mexican states was the price of the product, while the price of corn was the one with the least impact
A Guide to Helminth Parasites Reported from Shorebirds (Charadriidae) from the Americas
Authors: Canaris Albert G. , Capasso Sofia , Canaris Gay J.
Published: April 2021

The shorebird family Charadriidae in the Americas consists of 21 native and 7 vagrant species. Members of the family occupy a diversity of open habitats, ranging from Arctic tundra during nesting, coastal sands, and mudflats to inland prairies, savannas, and wetlands. Some native plovers migrate from nesting grounds in North America to wintering grounds in South America (Hayman et al., 1986; Paulson, 2005; Winkler et al., 2020).
Our search of the literature revealed the following: 17 of 28 host species infected with helminth parasites, 153 helminth species, and 199 infections involving 13 geographic areas. The purpose of this guide is to provide easy access to this data and information relevant to helminth infections in charadriids from the Americas. Information is summarized in Tables I–VI.
Table I lists in sequence host, parasite, geographic location, and attenuated citation. Common names are given for each host. Host names are listed alphabetically, and older scientific names used in the literature search are in parentheses. Host geographic distribution is abbreviated as follows: NA = North America, M = Mexico, CA = Central America, SA = South America, A = Americas (NA + M + CA + SA). If present, parasite species are listed in the following order: trematode, cestode, nematode, and acanthocephala. The helminth species names are listed as they were given in the cited literature.
Tables II–V are parasite-host lists for trematode, cestode, nematode, and acanthocephalan species and host of the species associated with the parasite. Table VI is a summary of information extracted from the tables and literature cited section.
QUALITY OF LEGAL EDUCATION IN THE BRICS COUNTRIES
Authors: Винниченко Олег , Гладун Елена
Published: April 2021

The relevance of the topic is determined by recent transitional process in higher legal education, aiming at finding its new directions and role of legal professionals in a changing world. Quality of higher legal education is one of the crucial problems in each state of the BRICS block. The objective of this article is to make a comparative analysis of legal education quality in the BRICS countries. In plethora of research literature related to higher education in general and legal education specifically in selected BRICS countries, there is a difficulty to find a comprehensive comparative analysis of the quality of legal training across educational institutions in Brazil, Russia, India, China and South Africa. The authors identify common and specific features of legal training in the BRICS countries. The common drivers for legal education are global influence of the American education system, “explosive” growth in the popularity of legal education, urgent needs to reform educational process and its quality, growing differentiation of educational institutions into “elite” and “mass”, with a special role of each type of university in society. The peculiarities of legal education in Brazil, Russia, India, China and South Africa are primarily in the structure of educational institutions and bodies controlling quality of educational training; solutions to the borrowing educational experience and attempts at self-identification in the global educational space. The problems of legal education have been studied in dynamics over the past 20 years holistically (complex analysis). In their conclusions, the authors propose some results of a comparative legal analysis related to quality of higher legal education. In particular, they outline the leading role of the government in setting requirements for the content of educational process and lawyer’s competencies; the increasing role of employers, public organizations and students in establishing requirements for law schools. The results of the research can be used both for academic studies and for practical purposes in reforming BRICS legal education.
TO THE ISSUE OF THE EQUAL RIGHTS OF MEN AND WOMEN IN THE STATE OF BRANDENBURG
Authors: Тулупова Елена , Демидова Татьяна
Published: April 2021

Equality and equity are the central principles of human rights, being special values (standards) of any democratic and rule-of-law state. A provision that enshrines the equity of all human beings and the equality of men and women should be seen as a guarantee that mediates the functioning of all branches of government. The article reviews the peculiarities of the legislative consolidation and implementation of the constitutional provision on the equality of men and women in Brandenburg. In addition, the article analyzes the Law on Parity adopted by the State in 2019, according to which parties are obliged to include equal number of men and women as candidates in the lists of the State in elections. Different views on its feasibility and effectiveness are studied.
ORGANIZATIONAL AND LEGAL ASPECTS OF WITNESS PROTECTION IN THE UNITED STATES OF AMERICA
Authors: Каримова Гузель , Каримов Рим
Published: April 2021

The article examines organizational and legal aspects of the implementation of the witness protection program in the United States. Special attention is paid to activities in this area of the US Department of Justice, the US Marshals Service, which directly provide protection for witnesses and the Federal Bureau of Prisons. Some statistics on witness protection are provided. Concrete protective measures and their application in relation to the participants in criminal proceedings are considered.
THE PROBLEM OF STRUCTURING NATIONAL INTERESTS
Authors: Бидова Бэла
Published: April 2021

The subject of the study is the problem of national interests of Russia, classification and structuring issues; the author analyzes this category, its types and forms of implementation. The author concludes that the national interests of Russia are interrelated and conditioned by each other interests of individuals, society and the state as a whole. The author establishes that the main national interest is to ensure the rights and freedoms of the citizen, his security and welfare, and hence the security and stable development and prosperity of the entire society and the state.
TO THE ISSUE OF THE ORGANIZATION OF ACTIVITIES AND APPLICATION OF THE INSTITUTE OF PAROLE IN CRIMINAL LEGISLATION
Authors: Ремизова Лейла , Ходченков Никита
Published: April 2021

This article discusses the problem of the existence and application of the Institute of parole. The authors substantiate the idea that this institution occupies a special place in the criminal legislation of the Russian Federation. The main attention is focused on the activities and application of parole, analysis of practice, gaps in this part of legislation, as well as the problems related to the considered subjective right of the convicted person. The authors suggest ways to improve the functioning of parole.
APPLICATIONS OF GENETIC TECHNOLOGIES WHILE PROVIDING SERVICES FOR SURROGACY: PROBLEMS OF JUDICIAL PROTECTION OF RIGHTS
Authors: Левушкин Анатолий , Алборов Сулико
Published: April 2021

At the present stage of the formation of the rule of law and a developed civil society in Russian medical practice, the possibility of using genes and genetic technologies related mainly to the sphere of private life for surrogacy and protecting the rights of citizens while providing such services is of particular relevance. A scientific school in the field of medicine has already been formed in the world, aimed at implementing genetic technologies and genomic research with assisted reproductive technologies.
Aim: scientific and practical understanding of the problems of judicial protection of rights in the sphere of applying genetic technologies while providing surrogacy services and some trends in legal regulation of surrogacy.
The methodological base of this work is general scientific methods of cognition of legal phenomena, such as synthesis, the method of analogy, formal logic, and others, as well as the private scientific methods of studying contractual regulation.
Results: It is proved that modern society has existed for a long time in the era of genetic technologies. The practice of introducing such developments is aimed at the implementation and protection of human rights while providing surrogacy services in medical activities. The problems of judicial protection of the rights of subjects of legal relations of surrogate motherhood are identified. In legal relations of childbearing, in which a donor of genetic material took part, the need to protect the rights of a given person has been proved when he is charged with parent duties, although his actions were not aimed at giving birth to a child.
SOME FEATURES OF LEGAL REGULATION OF ENVIRONMENTAL RELATIONS IN GERMANY
Authors: Тулупова Елена , Демидова Татьяна , Юсупова Розалия
Published: April 2021

The problem of pollution for the Federal Republic of Germany has been relevant for more than fifty years. Since 1970, the state government has been making various efforts to resolve it. Some preventive measures have been implemented in order to prevent or minimize adverse environmental consequences and, directly, to bring to justice those who have broken the law. In this article, we will try to analyze the existing environmental policy of the state and talk about the difficulties of eliminating the destructive impact of civilization on the ecosystem. We will consider the features of vehicle recycling, providing “environmental bonuses” and “environmental markings” for manufacturers of goods. We try to analyze if the state authorities actions in this area are really interesting, effective and far-sighted.
LAW AND STATE IN THEIR HISTORICAL RELATIONSHIP
Authors: Еникеев Рафаэль
Published: April 2021

The article is devoted to comprehending the relationship between law and state in conformity with modern society. The reasons for some distorted correlation of law and state in Russia are revealed. Particular attention is paid to ways of approximation of the interaction of law and state in the post-Soviet Russian Federation. The priority of society in relation to the state is substantiated.
LEGAL REGULATION OF THE REHABILITATION SYSTEM FOR CHILDREN WITH HEALTH DISORDER
Authors: Сошникова Ирина , Руколеев Виталий , Шерпаев Владимир
Published: April 2021

The study raises the urgent problem of providing medicines for children with impaired health with persistent dysfunction of the body. Modern realities reflect the fact that the right of children to free and affordable medication is universally diminished, and the obligations undertaken by the Russian Federation through the procedure for ratifying international legal acts proclaiming to take special measures of care and assistance for every human being under the age of majority, including the provision of the most advanced health system services, disease treatments and health restoration, are not implemented. Arguing the above, the authors cite examples of real cases of failure by the state authorities and their officials to provide adequate medication for children with disabilities, briefly analyze the norms of international and national law, as well as law enforcement practice, including judicial practice. Based on the results of the study, the authors formulate possible reasons for the failure to comply with regulatory requirements, on the basis of which recommendations are proposed to improve the rule of law in this area.
CONSTITUTIONAL DEFINITIVENESS IN THE SPHERE OF STRENGTHENING THE DEFENCE CAPABILITY OF THE RUSSIAN FEDERATION
Authors: Шерпаев Владимир
Published: April 2021

The article analyzes the sphere of strengthening the defence capability as the most important principle, substantiates the basic ground for protecting the constitutional order, reveals the ways of the formation and functioning of the army in our country. The article lists the provisions of the current Constitution of the Russian Federation related to the field of military security, as well as the administrative and legal regimes provided for by law.
PSYCHOLOGY OF INTEREST IN SOCIAL AND LEGAL RELATIONS
Authors: Халиков Аслям
Published: April 2021

The psychology of the category of interest has a multifaceted character, which is the semantic line of human life. At the same time, interest begins with individual’s psychology, then there is a transition to interests in social and legal relations, and then the interest again turns into personal motivation, but already in a social environment. The main psychological feature of interest is its emotional component, without which the interest loses its subjective meaning. It is reflected in legal relations between the state and society. Purpose: to consider the concept and characteristics of interest in social and legal relations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Results: the author comes to the conclusion that the construction of a person's interest at the present time does not come from two components - individual and social, but from three, which will certainly include the third component as interests at the level of international relations.
IN MEMORY OF THE LEGENDARY COUNTRYMAN DAYAN MURZIN
Authors: Нигматуллин Ришат
Published: April 2021

In our country, 2020 has been declared the Year of Memory and Glory by a decree of the President of the Russian Federation Vladimir Vladimirovich Putin. More than 25 million citizens of our country gave their lives for the Victory. The Republic of Bashkortostan made a significant contribution to the victory over fascist Germany. The names of such heroes of the Great Patriotic War as Minigali Shaimuratov, Musa Gareev, Tagir Kusimov, Dayan Murzin, Alexander Matrosov and Minigali Gubaidullin became known outside the republic and country. The article is devoted to the combat path of Dayan Bayanovich Murzin, who was an active participant in the guerrilla movement and the Resistance Movement in Czechoslovakia, the hero of Czechoslovakia. The assistance of the Red Army to the Slovak popular uprising is examined, the role of the Soviet Union in the organization of the Resistance Movement in Eastern Europe is shown.
MIGRATION POLICY: LEGISLATIVE EMBODIMENT AND LEGAL IMPLEMENTATION IN RUSSIA
Authors: Малый Александр
Published: April 2021

The relevance of the article is due to the importance of migration policy for the state. The article discusses the issues of liberalization of migration legislation in Russia. The problem of the implementation of legal norms by the law-enforcer is reviewed, the conclusion is drawn that law enforcement agencies and courts are guided by the established practice of a rigid approach to assessing the activituies of subjects of migration relations.
Purpose: to focus on the need to liberalize not only migration legislation, but also law enforcement practice, taking into account the changing migration policy in the activities of power bodies.
Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic are used. Specific scientific methods are used: historical, legal-dogmatic, method of interpreting legal norms.
Results: the study makes it possible to formulate a number of conclusions regarding the identified direction of migration policy, its reflection in legislation. The preservation of the traditional approach in the activities of law enforcement agencies concerning participants in migration relations is noted. It retains its repressive orientation and is not fully consistent with the proclaimed political course towards the liberalization of migration relations.
THEORETICAL AND LEGAL ASPECTS OF THE DIGITAL STATE AND E-GOVERNMENT
Authors: Касимов Тимур
Published: April 2021

The digital state and e-government, as elements of digitalization, are concepts and practices that require theoretical and legal understanding and description, since they contain the most important concepts of the science of theory of state and law. For empirical proof of the existence of these phenomena, examples of their manifestation in various spheres of legal life in recent years, reflected in scientific publications, are shown.
Purpose: to determine the ratio of the digital state and e-government with each other and with such categories of theory of state and law as the concept of state, type of state, form of state, state functions, state mechanism (apparatus).
Methods: logical method of induction, empirical methods of comparison, description, interpretation are used. A special scientific formal legal method is used.
Results: the digital state and e-government are generally recognized as identical phenomena, but the former can coexist as a virtual phenomenon with the state in the classical sense; the basis for the classification of states should include the indices of development of e-government in them; the digital state is not a type of state and does not belong to the forms of government and state structure; e-government is an important form of performing state functions and an element of its mechanism that manifests itself positively, including during the coronavirus pandemic; ways to develop e-democracy are proposed.
PRINCIPLES FOR STRENGTHENING REAL ESTATE RIGHTS
Authors: Клец Петр
Published: April 2021

The actual task underlying the state registration of rights is the implementation of the principles of strengthening rights. These rights are a guarantee that the implementation of registration actions to recognize and confirm the occurrence, change, transfer and termination of rights in the state register of immovable property will not be subject to arbitrary interpretation. Strict observance of the principles is aimed at ensuring the inviolability of state register data as an information resource, their availability, legality and reliability.
Purpose: to study the norms of law that provide for the implementation of the principles that guarantee security of real estate transactions, the responsibility of the registration authority, the legality of the information provided. According to the author, the presence of other registers containing information on real estate erodes the meaning of the state register of real estate as a single set of reliable information. Introduction of digitalization elements into the state registration of rights, i.e. the introduction of a mechanism for intelligent automated analysis of submissions makes it possible to employ a minimum number of Rosreestr (the Federal Service for State Registration, Cadastre and Cartography) employees.
Methods: the research is based on methods of analysis, synthesis, description, classification and comparative legal.
Results: the author analyzes the principles enshrined in not only civil legislation, but also having a doctrinal interpretation. His opinion is expressed regarding the practical significance of some of them.
SOME ASPECTS OF DEFINING THE ESSENCE OF CHALLENGES AND THREATS TO RUSSIA'S ECONOMIC SECURITY IN THE CONTEXT OF DIGITALIZATION
Authors: Арутюнян Марина , Хисматуллин Оливер
Published: April 2021

Improving the legal regulation of the mechanism for ensuring economic security is an important permanent task. The variability of external and internal factors, the formation and development of the digital economy necessitates the timely development and implementation of a set of adequate measures to ensure the economic interests of the society, the state and its citizens.
Purpose: to characterize legally established challenges and threats to Russia's economic security, to determine their essence, meaning, forms and degree of influence on the state of protected interests in the process of digitalization of economic relations.
Methods: the research is based on empirical methods of analysis, comparison, description, interpretation; theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and method of interpretation of legal norms.
Results: the study allows us to determine the essence, meaning and role of threats and challenges to economic security, to determine the prerequisites for their occurrence and the forms existing in the digital environment, to formulate generalizing conclusions and proposals aimed at reducing the negative impact of threatening factors.
DIGITALIZATION OF THE JUDICIAL SYSTEM: ANALYSIS OF TRENDS IN THE DEVELOPMENT OF PROCEDURAL LEGISLATION (ON THE EXAMPLE OF DRAFT AMENDMENTS TO THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION)
Authors: Гаймалеева Айсылу
Published: April 2021

The sphere of justice has also been affected by the global trend of universal digitalization. In view of a threat facing the world in the form of the new coronavirus infection COVID-19, as well as restrictions on access to court buildings in 2020, the initiative to amend the procedural legislation is relevant and timely. These amendments concern equalizing the legal status of written documents and electronic documents, about the methods of notifying the persons involved in the case, about the use of systems that allow the court and the parties to participate in proceedings remotely, while observing all procedural norms. The article attempts to study the trends in the development of civil procedural legislation, guided by the draft law, which was submitted for discussion by the Ministry of Justice of the Russian Federation on October 19, 2020.
Purpose: to analyze trends in the development of civil procedural legislation in the modern world.
Methods: the author uses empirical methods of comparison, description, interpretation and theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and the method of interpreting legal norms.
Results: the analysis of the draft law reveals some positive and some controversial points that are subject to clarification and more detailed disclosure if it were adopted. The position of researchers studying the issues of informatization of justice is reflected, the prospects for the development of the judiciary in the field of further digitalization are indicated.
ON THE USE OF VIDEOCONFERENCING IN PRE-TRIAL CRIMINAL PROCEEDINGS
Authors: Шагеева Регина
Published: April 2021

An urgent issue at the current stage of the development of criminal procedure is the use of videoconferencing in pre-trial criminal proceedings. The interest in this topic is caused both by the lack of legal regulation and ongoing discussions in the scientific community, as well as by the emerging and challenging situation with regard to the threat of coronavirus infection. In the context of the pandemic, the Court has acquired the right to conduct all criminal proceedings using videoconferencing systems, and investigators and interrogators are prevented from using remote technologies even during such an investigative action as an interrogation. This problem requires research and resolution by both scientists and legislators.
Purpose: to analyze and develop scientific and legal foundations for the use of videoconferencing in pre-trial criminal proceedings.
Methods: the author uses empirical methods of comparison, description, interpretation as well as theoretical methods of formal and dialectical logic.
Results: the study makes it possible to trace the gradual increase in the use of videoconferencing in criminal proceedings, to analyze the advantages and disadvantages of the introduction of remote technologies at the preliminary investigation stage, to identify gaps in the legal regulation of this issue in criminal proceedings, to propose a solution to the problem taking into account the emerging judicial practice, and the legislation of a number of foreign countries.
ON THE ISSUE OF THE COMPOSITION OF THE CRIME RELATED TO EVASION OF CUSTOMS PAYMENTS
Authors: Байрамов Рамзи , Куроптев Никита , Семенов Алексей
Published: April 2021

The paper deals with the interpretation of the attribute of the crime as a law characteristic of a legally significant property of the crime. The authors review the object of the crime, the subjective and objective side of the crime related to evasion of customs payments. The normative basis of the research is the current legislation regulating the collection of customs payments in the Eurasian Economic Union.
Methods: the methodological basis is the general dialectical method of scientific knowledge, as well as system, logical, comparative legal research methods, analysis and generalization.
The result is the formulation and analysis of specific features identified as part of the crime related to customs evasion. The conclusion is made about the features of the main existing provisions of article 194 of the Criminal Code of the Russian Federation.
PROBLEMS IN THE EXERCISE OF THE INDEPENDENCE OF JUDGES IN ASSESSING AN EXPERT OPINION IN A CRIMINAL CASE
Authors: Гизатуллин Ирек
Published: April 2021

The article analyzes some procedural and non-procedural factors that prevent the judge from assessing the expert's opinion in a criminal case freely. The article states that, in the existing law enforcement realities, the expert's opinion acquires the status of an absolute evidence having a pre-determined value. This is due to the de facto lack of competition between the parties in the procedures for appointing and producing an examination, as well as to the difficulty of assessing this type of evidence by a judge in the absence of special knowledge for that.
Purpose: to develop theoretical provisions justifying the need to improve the procedures for the appointment and production of expert opinions, as well as the assessment of expert opinions by the court, in order to ensure judicial independence.
The paper uses the methods of system analysis, synthesis, sociological polling and generalization. The author concludes that ensuring the freedom of judge’ inner conviction when assessing an expert's opinion directly depends on expanding the possibilities of using an alternative opinion of another person with a specialized knowledge in the same area - the expert's opinion and testimony.
In this regard, it is proposed that the law should make it mandatory to grant requests by parties for expert opinions to be admitted and examined in court, and that the results of such research should be reflected in the text of the court decision on the case.
DIGITAL WORLD AND LAW
Authors: Гилинский Яков
Published: April 2021

Digitalization of all (or almost all) spheres of human life also affects the problems of law and law enforcement.
Purpose: to analyze some aspects of digitalization of crime, human rights and freedoms, administration of justice.
Methods: analysis of literary sources, statistics, theoretical methods of formal and dialectical logic are used.
Results: the review of the dynamics of modern crime rate and structure in the world and in Russia allows us to conclude that there is a tendency to reduce the crime rate, especially violent crime, and the emergence of new types of «digital» crimes - cybercrimes, fraud in the field of computer technology. The use of digital methods of observing over people has given rise to a new and complex problem: «security measures versus human rights and freedoms», «orwellization» of life. Digital methods will increasingly be used in the administration of justice. «Electronic scales of justice», offering a measure of punishment in a specific criminal case is one of the implementations of introducing digitalization in judicial proceedings.
ON THE ISSUE OF THE EFFECTIVENESS OF INTERNATIONAL ENVIRONMENTAL LAW
Authors: Юсупова Зиля , Мухаметгареева Наталья
Published: April 2021

In the modern conditions of the continuing deterioration of the global environment, the issue of the effectiveness of international environmental law is especially relevant.
Purpose: to study the negative factors that hinder the effective implementation of international environmental standards.
Methods: the authors use empirical methods of comparison, description, interpretation; they analyze international documents in the field of environmental protection; they apply a special scientific method of interpreting legal norms.
Results: the authors conclude that international environmental law in spite of all its advances has several fundamental problems. They are the diversity and congestion of international environmental standards; the slowness of diplomatic negotiations in concluding environmental treaties, due to the short-term interests of states, such negotiations rarely lead to binding agreements; the adoption of an environmental standard does not guarantee its implementation, since the mechanisms for monitoring its application are not binding. The authors make a point that a civil society should demand from its state to comply with its international obligations in the environmental sphere.
UPBRINGING THE YOUNGER GENERATION IN THE CONDITIONS OF DISTANCE EDUCATION AND DIGITALIZATION: NEW CONCEPTUAL APPROACHES IN THE RULE-OF-LAW STATE
Authors: Сальников Виктор , Брылева Елена , Галиев Фарит
Published: April 2021

The article analyzes the problematic issues that arise when using distance technologies in the educational process, and indicates that the full implementation of distance learning does not contribute to the effectiveness of the educational process. Attention is drawn to the existing problem of youth's enthusiasm for computers, which negatively affects both their health and the process of socialization. This problem can be exacerbated as a result of the widespread introduction of distance learning methods, this is why we call for a thoughtful approach to the issue and the preservation of the existing educational system, combined with a digital educational environment in a State governed by the rule of law.
Purpose: to focus on the need to take into account the features of the use of distance technologies in the educational process.
Methods: the research is based on empirical methods of description, interpretation, theoretical methods of formal and dialectical logic, historical and sociological.
Results: the authors come to the conclusion that the emergence of distance learning technologies is undoubtedly associated with the next stage in the development of scientific progress, however, the introduction of these technologies into the educational process is justified only in some cases, for example, in a state of emergency, natural disasters, epidemics, epizootics, for children with disabilities, at the choice of parents and children. This must be taken into account when choosing the forms and methods of teaching in modern conditions.
THE UNIFIED BIOMETRIC SYSTEM AND UNIFIED SYSTEM OF IDENTIFICATION AND AUTHENTICATION AS TOOLS TO ENSURE THE SECURITY OF BANKING OPERATIONS USING THE INTERNET: LEGAL AND ORGANIZATIONAL ISSUES
Authors: Кузбагаров Муслим , Кузбагарова Елена
Published: April 2021

The paper is devoted to the organizational and legal issues of using the unified identification systems in various sectors of the economy, in particular in the banking sector. In the Russian Federation since 2011 the use of the unified identification and authentication system (ESIA) and since 2018 the use of the unified biometric system (EBS) has become one of the most promising areas in the activities of commercial banks and other subjects of the financial system. It is advisable to consider the active introduction of the EBS and ESIA into the banking sector as a tool for ensuring the security of banking transactions using the Internet, developed on the basis of modern engineering, technical and software developments.
Purpose: to analyze the main directions of the use of the ESIA and EBS in the banking sector, to determine the existing organizational and legal issues arising in the practical activities of banks when implementing banking operations.
Methods: the research is carried out on the basis of the methods of analysis and synthesis, generalization, comparison and a systematic approach.
Results: based on the results of the study, the authors identify the existing organizational and legal issues arising in the practical activities of banks when carrying out banking operations using the Internet, and suggest ways to solve them.
DIGITALIZATION IN REGULATING THE LIST OF FORENSIC EXAMINATIONS HELD IN NON-STATE FORENSIC EXPERT ORGANIZATIONS
Authors: Абдуллин Руслан
Published: April 2021

The study of the practice of investigating crimes indicates the need to use the achievements of high technologies, expressed in the most advanced form - digitalization. The possibilities of digitalization are being introduced into forensic activities, including non-state forensic organizations activities.
Purpose: to analyze the problems of normative, scientific and methodological, material and technical regulation of the list of forensic examinations held outside state forensic organizations, with the development of solutions.
Methods: the author uses empirical methods of observation, comparison, description, interpreting, interpretation of legal norms, comparative legal and statistical analysis, and formal logical methods of scientific knowledge.
As a result of the study of various approaches, analysis of national and foreign regulatory legal acts, the author proves the necessity to develop a list of forensic examinations prohibited for production in non-state forensic organizations, which makes it possible to determine ways to increase the level of digitalization of forensic examinations by improving legal, scientific, methodological and organizational support of forensic expert activities in the Russian Federation.
ON SOME LEGAL APPROACHES TO DETERMINING THE LEGAL PERSONALITY OF ARTIFICIAL INTELLECTUAL SYSTEMS
Authors: Горохова Светлана
Published: April 2021

The issues of determining the place of artificial intellectual systems in the structure of new legal relations determined by the level of technological development are one of the most urgent tasks of modern Russian law today. The most important problem, determined by the requirements of law enforcement and the need to comply with the requirements of building of the rule-of-law state, is the study of fundamental positions regarding the conditions and procedure for bringing subjects to legal responsibility for torts involving artificial intelligence (AI).
Purpose: to analyze approaches to the definition and content of legal personality, in particular, the possible legal personality of artificial intellectual systems, with an emphasis on the rules for imposing liability for torts involving them.
Methods include dialectical and metaphysical methods of cognition (as the philosophical basis of the work performed); general scientific methods (analysis, synthesis, abstraction, hypotheses, etc.); as well as special scientific (comparative-legal, legal-dogmatic, cybernetic, interpretation) methods of scientific cognition.
Results: the study, for the purpose of determining the legal personality of AI, justifies the greatest significance of its classification into: weak narrow-purpose AI (Narrow AI), strong general-purpose AI (General AI), and super-strong intelligence (Super AI). Based on the materials of scientific sources, the concept of «partial legal capacity» is formulated and the possibility of its application to strong and super-strong AI is scientifically justified. Fundamental theoretical positions (General rule and exceptions) regarding the conditions and procedure for bringing subjects to legal responsibility for torts involving AI are presented.
DIGITAL TRANSFORMATION OF LEGAL ACTIVITIES AND LEGISLATION
Authors: Нестеров Анатолий
Published: April 2021

Digital transformation of the economy and society includes the digitalization of legal activities and legislation, which indicates the importance and relevance of the topic under consideration. The problem of digital transformation lies in the fact that it is often seen as the use of metaphorically called «digital technologies». Therefore, it is important to understand that digitalization is the next fourth stage of automating people's lives and activities, which should be marked by a transition from the Internet of general distrust to Internet systems that provide acceptable security for remote user interaction (digital environment of trust), based on digital systems, in particular a distributed registry.
Purpose: digital transformation cannot occur without appropriate legal (legislative) support, as well as without digitalization of legislation and legal activities (transition to paperless record keeping, document management and archiving), so lawyers must create not only a digital doctrine of law, but also information ontology of the subject area of their activities.
Methods: system approach and standard methods of legal analysis are used.
Results: it is argued that digitalization is the next fourth stage of automating people's lives and activities. The author defends the point of view that there is no need to introduce the concept of «digital law». The author reviews the experience of digitalization in the United States and China as well as the ways to develop the digitalization of legal activities. It is necessary to create an interdisciplinary information ontology of the subject areas of jurisprudence and legislation for further use in the development of smart systems.
ON THE REGULATION AND CONTENT OF A LEGAL FRAMEWORK FOR HUMAN INTERACTION WITH ARTIFICIAL INTELLIGENCE, ROBOTS AND OBJECTS OF ROBOTICS
Authors: Попова Анна
Published: April 2021

Due to the emergence of technological solutions that allow creating systems based on strong artificial intelligence (AI), and the high probability of developing super-strong AI in the near future, special презумпцию невиновности человека attention has recently been paid to the legal problems of regulating the interaction of humans and society with new intelligent agents.
The purpose of the research is to analyze modern legal principles of interaction between humans and artificial intelligence, neural networks and intelligent robots, which are the necessary basis for forming modern legislation in this area in Russia and foreign countries.
Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic are used. Special scientific methods are used: comparative-legal, legal-dogmatic.
Results: the study allows us to determine a number of relevant legal principles of human interaction with AI as well as with robots and other objects of robotics, based on a comparative legal analysis of the current legislation. They are the principle of humanism; the principle of justice; the prohibition of discrimination when using AI, robots and objects of robotics; the presumption of human innocence; the principle of human innocence; the principle of respect for human dignity; the principle of confidentiality; the principle of disclosure of information on the development, production and use of robots and artificial intelligence; the principle of autonomy of will when using systems equipped with AI; the principle of the presumption of consent; the principle of informed consent to the use (impact) of systems equipped with AI.
THE DOCTRINE OF FORENSIC ACTIVITIES DIGITALIZATION AND THE PROBLEMS OF FORENSIC DIDACTICS
Authors: Россинская Елена
Published: April 2021

The global digitalization in all spheres of human activity has seriously affected the problems of using special knowledge when collecting and examining evidence in criminal, civil and administrative cases, and especially forensic activities.
Purpose: to develop a methodology for forensic examination of criminally significant computer information in the context of forensic activities digitalization.
Methods: methods of dialectical and formal logic, comparison, description, interpretation, special scientific methods of forensic expertology and the theory of information and computer support for forensic activities.
Results: the author develops the fundamentals of the forensic activity digitalization theory, the subject and objects of the theory, the main directions of the theory development, including the study of the types and forms of digital footprints in various types of forensic examinations; solving problems of integration in the production of forensic examinations in the context of digitalization; solving the problems of digitalization, unification and statutory regulation of reference and information collections and databases of forensic objects.
DIGITAL SOCIALIZATION, TAG THINKING AND THE MODERN EDUCATIONAL PROCESS IN THE STATE LEGAL DIMENSION OF RUSSIA
Authors: ПОПОВА Анна Владиславовна
Published: April 2021

The development of digital technologies at the end of the 20th century has led to the emergence of a new generation of human civilization – Generation Z. The members of the former possess a number of peculiarities that influence the development of a learner’s personal potential. The COVID-19 pandemic has led to a rapid transition towards distance learning, the widespread use of digital education and the spread of artificial intelligence technologies. The task of the teaching staff is to level the negative features of new generations of students and, above all, clip (tag) thinking. Purpose: based on the analysis of the cognitive abilities of the Generation Z, the author proposes didactics and methodology of the interactive system of legal education that can take into account students’ analytical abilities associated with the development of clip thinking. Methods: the author uses empirical methods of comparison, description, interpretation as well as theoretical methods of formal and dialectical logic. Special scientific methods such as comparative-legal and legal-dogmatic are used. Results: on the basis of a comparative legal analysis of scientific literature, the author defines the concept and features of a new educational virtual communication system for legal education with a view to forming a worthy member of civil society at the current stage of the development of the rule-of-law state in Russia.
USING A SMART CONTRACT AS A LEGAL TECHNOLOGY: NATIONAL AND FOREIGN LEGISLATIVE PRACTICE
Authors: БЕРЕЗИНА Елена Александровна
Published: April 2021

The modern period of development of society and the state is characterized by digitalization of all spheres of social life. One of the tools used in the process of digitization of law is a smart contract, which is considered as a program code intended for functioning in an information system and used as a form of fixing a set of obligations between the parties, as well as a method for automated fulfillment of these obligations. The purpose of the study is a comparative law analysis of the practice of legislating the concept of «smart contract» in legal acts of different states and the justification for considering the use of smart contract as a legal technology. The methods: the author uses general scientific methods (system, historical, formal-logical), specific scientific methods (mathematical, linguistic) and special-legal methods (comparative law, legal forecasting, interpretation of law). The results: the study concludes that the use of a smart contract could be considered as a special type of law enforcement technology representing an activity aimed at implementing the subjective rights and legal obligations of legal entities, carried out using self-executing program code that exists in the digital environment, which allows, first, to record and transmit certain legal information (in this case, a smart contract is considered as a type of written contract form), as well as to automate the fulfillment of obligations when certain conditions are met (in this case, a smart contract is understood as an automated technical method for fulfilling obligations).
PRIVATE PUBLIC PROSECUTION IN THE CRIMINAL PROCEDURE MECHANISM OF COUNTERING ECONOMIC CRIMES
Authors: ВЛАСОВА Светлана Владимировна
Published: April 2021

The legal nature of the private public prosecution mechanism for offences committed in the economic sphere has a number of features and differences from other types of criminal prosecution. The investigative component has a decisive influence on the form and conduct of criminal proceedings in cases of entrepreneurial crime. At the same time, the legal regulation of the prosecution of these crimes clearly deviates from the legal standard of the private public prosecution mechanism. The development of legal measures to regulate the transition from a private public model to a fully private model of prosecution is motivated by the tendency to strengthen the consensual elements in the criminal law enforcement mechanism of countering entrepreneurial crimes. The purpose of the article is to analyze criminal procedure activities in criminal cases of private public prosecution of crimes committed in the field of entrepreneurial activity. Methods: the author of the article uses general scientific methods, comparative-legal, logical methods of analysis and synthesis. The results of the study reveal problems with the use of legal and regulatory instruments as a means of resolving disputes between business entities. Without a reliable legal guarantee for the protection of private interests, the effective protection of the public law interest, which is the legal order of business and other economic activities, may be lost.