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Russian Law Online

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No 2 (2022)
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TRENDS

5-11 154
Abstract

The information society development in modern conditions is based on the comprehensive development of various types of relations in politics, economics, law, and culture. Such relationships affect all types of inter-human relationships, both individual (physical) and group (commercial), which confirms the need to create a legal mechanism for regulating artificial intelligence that is primarily used in the information space. Globalization also poses its own questions to society not only as a trend, but also as a product of the development of the information space. An integrative nature of evolutionary processes in international relations is clearly manifested in the legal regulation of the development, implementation, and use of artificial intelligence to increase the efficiency of using advanced achievements in the production of goods, performance of works, and provision of services, which forms the scope of civil law mechanisms of influence on these public relations. The purpose of the article is to study the civil law regulation of the use of artificial intelligence in the field of national and international cooperation. Thus, various research methods are used: information-analytical, software-practical, and systems approaches. This allows the authors to consider both national legislation and international legal experience in the development and application of the regulatory mechanism for regulating artificial intelligence. The EU experience as a union of states with a high degree of integration processes system approach along with the experience of the UN as an international organization influencing the entire world community. As a result of the study, options for regulating property relations arising from the use of achievements in the field of artificial intelligence are proposed.

FOCUS

12-18 66
Abstract

The purpose of the article is to study cryptocurrencies (a digital financial asset, digital currency) in business legal relationships, including consideration of the features of the essence of crypto currencies, as well as investing in this object. We make a reservation that the analysis of national crypto assets goes beyond the scope of this purpose. The need to determine the legal nature of the crypto currency is preconditioned by the need to determine its legal regime in the most accurate way, which, in turn, determines regulation within the framework of corporate activities. However, we note that the theories and approaches that exist today are very different from each other. This can be explained by the existence of crypto currencies that differ in their essence and purpose, different legal traditions in a particular state, etc. The article examines the issue of the legal nature of crypto assets, as well as the problems associated with investing in this digital financial asset. The paper gives the classification of crypto currencies into centralized and decentralized currencies. The conclusion is made about the essential identity of centralized cryptocurrencies and undocumented securities. The possible prospects for expanding the use of decentralized crypto assets, as well as the norms of current legislation in this area are analyzed. The authors put forward proposals to improve the rules on digital financial assets: to consolidate the procedure for the admission of an asset to organized trading; to provide for mandatory disclosure requirements; to regulate ways to protect the rights of investors. The authors provide political and legal justification. Within the framework of the study, the authors also consider the approach to the legal regime of crypto assets that has been formed in the legislation and judicial practice of the United States.

RUSSIA

19-23 116
Abstract

The article presents the author’s interpretation of the development of the institution of representation before the Judicial Reform of 1864. This paper was written in order to study the history of the Russian Bar. The author poses the question of at what moment the development of representation and advocacy in Russia began to develop. The author is trying to answer the question attracting various primary sources and opinions of historians. The author analyzes the process of the emergence and formation of the institute of attorneys — the first prototypes of modern lawyers. In general, the issue of comparing pre-reform attorneys and modern lawyers is very controversial, so the article also discusses this topic: the author presents the key characteristics of proxies and scriveners so that the reader can draw his own conclusions about the similarity of these institutions. The material under study allows us to trace the evolution of the institution of representation, and the use of an extensive methodological apparatus can contribute to a comprehensive study of this topic. The relevance of the work is manifested in the weak elaboration of the topic, since most researchers consider the history of the legal profession since the XIX century. Nevertheless, the author takes into account and analyzes the opinions of Russian researchers of different historical eras: both imperial and modern Russia. Methodologically, the study is based on the history of state and law of Russia and its terminological apparatus. Since students study the history of the emergence and development of various legal institutions as a part of the course, this article, according to the author, can be useful for an in-depth study of the history of advocacy.

24-29 170
Abstract

The article presents the main directions in the field of legislative regulation of the sphere of education during the reign of Alexander II and Alexander III. The authors emphasize the importance of the education process as a means of transmitting scientifically proven and well-established knowledge and a source of norms and values of the next generations that form the backbone of the state. The authors analyze the main normative legal acts of these periods, which make it possible to understand the main principles and ideas on which the state policy in the field of education was formed for almost the entire second half of the 19th century. The normative legal acts analyzed in this article include the University Charter of 18 June 1863, the Regulation on Primary Public Schools of 14 July 1864, the Charter of gymnasiums and progymnasiums of 19 November 1864, the circular of the Minister of Public Education “On the reduction of gymnasium education” of 5 June 1887. On the basis of these acts, the main directions of the policy in the field of education of the two emperors are formulated. The study shows inconsistency of the policy of the two emperors regarding the regulation of the autonomy of educational institutions and the sequence of rationing of the education sector along the way of combating revolutionary sentiments and the formation of terrorist organizations. The authors compare the legal regulation in the field of education during the reigns of Alexander II and Alexander III with modern Russian reality. Parallels are drawn between the state policy of these times, on the basis of which it is concluded that the continuity and immutability of the goals of state activity to ensure territorial integrity and counter extremist and separatist forces.

30-33 136
Abstract

The article presents the author’s interpretation of the peculiarities of property law regulation in the Civil Code of the RSFSR of 1922. The specifics of property law regulation consisted in the transitional nature of the code itself and in the absence of sufficient practice and Soviet regulatory framework. To regulate the restored market relations, the “old”, bourgeois law was necessary due to the fact that it was intended to regulate such relations. Due to the elements of the “old” law of the RSFSR Civil Code of 1922, Soviet and Russian researches often called this code “reception of bourgeois law.” Soviet legal scholars had humble experience in codifying law. The drafts of the “Code of Laws on Obligations Arising from Contracts” and “Provisions on Obligations Arising from Contracts and Bills of Exchange” and one Decree “On Basic Private Property Rights Recognized by the RSFSR, protected by its Laws and by the Courts of the RSFSR” were not put into effect. An important factor in determining the reasons for the peculiarities of regulation is the fact that the civil law code was created at an accelerated pace, since the Bolsheviks during the NEP period, when commodity-money relations were actively revived, were interested in establishing a mechanism for regulating market relations at the legal level as soon as possible in order to preserve the dominance of the public sector in the economy and prevent a strong property stratification, which can lead to an increase in social tension and cause political instability in the country. The Soviet government imposed a number of restrictions on private individuals and legal entities and prevented the full development of commodity-money relations, which was reflected directly in property law. Accelerated development and lack of experience led to the presence of large changes in the code and, as a consequence, a low level of legal technology. However, it is worth noting that in the Civil Code of the RSFSR of 1922 there are certain novelties and such norms that indicate a high level of legal culture of Soviet legal scholars and the inconsistency of the code of laws itself.

34-37 69
Abstract

The article is devoted to the study and brief analysis of the methods used in the interaction of the church with the state, as well as the importance and advantage of the methodological approach to determining the role of the church in society, taking the Russian Federation as a case study. The purpose of the study is to identify the methods used in modern Russia in the interaction of the state apparatus with religious associations, to identify their validity and the model of such interaction used in the Russian Federation. The article points out that the relations between the state and religious associations in various forms of their manifestation arose from the very beginning of the formation of statehood, which is indisputably confirmed by historical examples and facts of ancient civilizations. The article discusses four different possible models of building relations between the state and religious associations, depending on the position of religious structures in the state, from the dominance of such associations over state power and to the complete subordination of the church to the state. The author shows how the model of such interaction between the state and religious associations is reflected in the methods chosen by the state. The author gives a brief historical overview of the relationship between the state and the church throughout the history of the statehood of Russia from Kievan Rus to modern Russia of the present time. Based on the analysis of the Constitution of the Russian Federation and the Federal Law “On Freedom of Conscience and Religious Associations”, the author presents arguments on the basis of which the modern Russian Federation can be attributed to countries with a certain model of interaction with religious associations from the possible presented, which has developed over a long period of churchstate relations.

WORLD

38-45 59
Abstract

The article deals with the Sharia norms regulating transactions in the sphere of trade turnover applied in the Uzbek khanates in the 16th–19th centuries. The author reveals the provisions on the subject and object of law, the subject of the contract, conditions and methods of conclusion, termination and enforcement of contracts, obligations arising from the terms of the contract. Islam, as you know, was very supportive of trade and saw one of its main tasks in ensuring the interests of private property and trade turnover. The five tasks of Islam — the protection of religion, life, reason, race and property — the protection of private property occupies, in fact, a central place. Sharia therefore pays special attention to the trade agreement, and Muslim lawyers include in the chapter on trade all the main provisions on contracts and obligations in general. The doctrine of property rights was not developed in Muslim law, but the doctrine of the law of obligations was developed in great detail. Sharia has the detailed classification of obligations, the division of obligations on the basis of their emergence into obligations arising from the law or from the actual situation and obligations arising from contracts, as well as the division of obligations into unilateral and bilateral, non-conditional and conditional, solidary and non-solidary, simple and alternative, divisible and indivisible. The author analyzes the types of transactions provided for by Sharia that were the most widespread and had the best law enforcement in the Uzbek khanates in the 116th–19th centuries. The author highlights conditions under which a ban could be imposed on transactions or under which transactions could be invalidated. All transactions, according to the fundamental principles of Sharia, had to be made on the basis of good will, legality and consent of the parties.

46-51 102
Abstract

The paper gives a brief overview of the process of humanization in the field of criminal penalties that took place in Western Europe, taking such a sanction as the death penalty as a case study. The author analyzes the situation developed by the 18th century regarding criminal penalties, its affects and prerequisites. The author draws attention to the fact that the social changes taking place in the process of modernization in Europe also affect the criminal sphere. The author assigns an important role in this to the activities of the leading thinkers and enlighteners of that time. Their ideas are considered and analyzed on the example of specific provisions from the writings of thinkers. The author highlights their advanced and breakthrough character. The paper outlines the process of transformations in the criminal system manifested in the reduction of the use of the death penalty, in the improvement of the procedure and technical component of the execution, dictated by the idea of humanization and rethinking of the very concept of the death penalty as a measure of individual (rather than general) prevention. The author also draws attention to the process of replacing the death penalty with alternative types of punishment, in particular imprisonment, and analyzes and explains its causes. The author focuses on the continuity of the process of modernization and humanization in the field of criminal penalties, suggests the objective nature of this phenomenon and its inevitability. The author reviews stages and features of this process in the 20th century, when the foundation and the legal framework for the current situation of criminal punishment in the form of the death penalty in the legal system of European countries were formed.

52-60 76
Abstract

Terrorism is one of the main threats to the strategic security of the Russian Federation. Among all international terrorist organizations, the Muslim Brotherhood stands out in particular (recognized as a terrorist organization on the territory of the Russian Federation). One of the oldest and most experienced movements of radical Islamists still threatens the national interests and security of our country, both in Russia and abroad. The Salafi radical Islamist movement has spread its networks widely around the world and has accustomed to secretly accumulating strength and resources, as well as to spreading its own ideology in all ways. In view of the urgency of the issue of the need to develop mechanisms to counter the spread of the group’s influence inside Russia and abroad, an analysis of the strategy of this terrorist organization and the methods by which it carries out its activities has been carried out. Their examination and systematization arouse the active interest of researchers from Austria to the UAE, from the UK to Russia. The author focuses on the ways in which the Muslim Brotherhood has grown from a small unit in Egypt to a huge network of structures operating from the Middle East to the United States. The structures by which the positions of the movement are strengthened: state bodies, political parties, NGOs, etc. The general features of the strategy of the terrorist group, their correlation with its ideological doctrine are also analyzed. The paper concludes that it is necessary to develop tough measures to confront the group and scrupulously identify its carefully hidden networks.

61-66 86
Abstract

The article considers the embodiment of the ideas of sociocentrism and anthropocentrism in licensing as one of the ways of regulating economic relations and a variety of administrative procedures. The article analyzes the legislation of the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the USA. The methodology of the study includes philosophical, logical, formal-dogmatic and comparative-legal methods. The article states that the expression of the concepts of sociocentrism and anthropocentrism represents the priority of either public or private interests in legal regulation. Anthropocentrism in licensing means the priority of the rights and interests of applicants and licensees, as well as other interested entities, while the manifestation of sociocentrism in licensing is conditioned by the priority of public interests. In the legislation of the Russian Federation and the regulations of the countries of the Anglo-Saxon legal family, licensing is aimed at protecting public interests, which means that legal regulation is predominantly sociocentric in nature. Also, the priority of public interests is expressed in the establishment of licensing requirements, since their compliance ensures achievement of the goal of legal regulation. The implementation of administrative procedures is also conditioned by a sociocentric approach. At the same time, the ideas of anthropocentrism are expressed in the establishment of the right to appeal against decisions and actions of government entities provided for both in the framework of administrative and judicial appeals. In the UK and the USA, in order to take into account the interests of interested persons whose status differs from the license applicant and the licensee, it is possible to participate in administrative procedures, which should also be considered as a manifestation of the approach of prioritizing individual rights.

POINT OF VIEW

67-73 54
Abstract

The article is devoted to the study of the role of a normative legal act in legal reality, its impact on the consciousness of behavior and citizens. Attention is drawn to the political elite as the addressee of legal communication. As a means of influencing the consciousness and behavior of the addressees, there are normatively fixed prohibitions and duties, to a lesser extent permits. Normative legal acts constitute the form of expression of these means. With the help of normative acts, the state constructs a deontological image of legal existence. The assimilation of these imperatives by an individual should ensure the value bases of human legal actions, the achievement of a regime of legality and law and order, and ensure the harmonization of all levels of legal reality. Based on the constructivist-communicative methodology, the article concludes that the normative legal act is the most important means of constructing legal reality. The legal information contained in the act is aimed at forming a value attitude in the creation of the subject to perform actions necessary to maintain law and order, to ensure satisfaction and balance of the interests of the addressee state and the addressee individual of legal communication. Influencing the consciousness and behavior of the addressee, the normative legal act not only forms in his mind the image of legal reality and its place in it, but also determines the strategy and tactics of the individual’s actions, allowing him to be a full participant in social relations for the construction of this reality and identification himself as a citizen.



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ISSN 2542-2472 (Online)