No. 1 (2023)

Articles

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  Use of information technologies in law enforcement activities of rosgvardiya on the development and implementation of state policy in the field of civilian arms turnover

   The results of a study containing a theoretical justification for the creation of an intelligent decision support system in the field of civilian arms trafficking, based on taking into account a variety of legally defined variables based on the domestic regulatory information technology of the federal executive body in the field of arms trafficking (Rosgvardia), are presented. The main research method was the analysis of the current capabilities of a specialized computer program designed to provide information support for the official activities of the divisions of the licensing and permitting work of the Russian Guard to monitor compliance with the legislation of the Russian Federation in the field of arms trafficking and to model the algorithm for the legal qualification of life circumstances in the course of making decisions on the possibility of issuing (cancellation) of permits in the sphere of circulation of civilian weapons. The result of the study is a logical algorithm of the decision support system, including: search for legal information; legal qualifications based on a multidimensional matrix that functions as a lookup table for decision makers and the preparation of legal documentation templates.

  A Shmidt

  341-348

    

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  Problems and trends in the formation of a unified information and legal space of Russia The article attempts to display the main trends in the development of the information and legal space on the example of the Russian Federation and also to identify problematic aspects and obstacles to the formation of the information and legal space in our state. Since non-compliance with legislation in the field of information technology, violation of citizens’ rights on the Internet, insufficient regulation of activity in social networks and data security problems - all this causes serious difficulties in the formation of a full-fledged information and legal space in our country.

  Yu Gusakova, E Shepel

  12-15

    

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  Digital transformation of law-making: the experience of the netherlands The purpose of the study is to study the experience of digital transformation of lawmaking in the Netherlands. The author’s interest in this state is due to the fact that from January 1, 2023, an online system of digital information on legislation in the field of environment and spatial planning (the Digital System Environment and Planning Act - DSO) began functioning there. An analysis of the peculiarities of the functioning of this system is necessary, since it allows us to identify the challenges emanating from it for the modern legislator. Overcoming these challenges will contribute to further improvement of the system. The main challenge here - the lack of uniformity in the legal system and the imperfection of the natural language used in regulatory legal acts. To sum up, the experience of the Netherlands can be used in Russia.

  Yu Balalaeva

  6-12

    

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  Digital technologies in the system of teaching theoretical and historical legal disciplines The article discusses the concept and nature of digital technologies in the system of teaching theoretical and historical legal disciplines, the role of a teacher and mentor in this process. The author correlates the classical forms of the educational process with new digital educational technologies in teaching law. The article questions the possibilities of digitalization to bring education to a fundamentally new level; as well as stimulating development and having a positive impact on the motivation of students. According to the author, digital technologies do not give a significantly greater effect in terms of learning outcomes; digital technologies should remain a means, not an end, of the educational process. Also, forecasts are made regarding the digitalization of education and proposals for its improvement.

  A Dashko

  15-18

    

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  Digital technologies in the educational model of historical and legal disciplines: opportunities and barriers The purpose of the study is to analyze the use of digital technologies in the methodology of teaching historical and legal disciplines in the higher education system, to identify positive results and problematic aspects of the digital transformation of the educational process. According to the author, the most effective educational model in modern conditions is a mixed learning model, which allows for the optimal combination of traditional teaching methods and learning with the active use of information and computer technologies.

  O Elchaninova

  19-23

    

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  The threat of digitalization to the cognitive abilities of modern students The article is an analysis of the impact of digitalization on individual cognitive abilities of modern students studying theoretical and historical legal sciences, and the conditions for overcoming the negative impact of information technology on the development of individuals predisposed to scientific thinking. The author analyzes the most common forms of using the Internet in working with scientific sources and examines the most common misconceptions about the positive impact of digital technologies on the cognitive abilities of students.

  V Israelyan

  23-29

    

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  Digital technologies as an ambivalent means to furtherance and transformation of moral and spiritual values The problematics are related primarily to progressive space of mass communications where the content and means of information dissemination characterize the level of law-awareness and legal culture of communicants and of a society in general. Diversification of mass-media communications and of networking services along with censure gaps not only provided creation of an erroneous idea of allowability of irresponsible behaviour inside the communicative space but instigated threats to the social unity and solidarity as well.

  E Kalinina

  29-32

    

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  Social and legal problems of control over strong artificial intelligence and interaction with it The era of artificial intelligence (Al) for humanity means a change in all aspects of life, from the organization of everyday life, to technological innovations, social, economic and cultural changes on a planetary scale. Right now, the introduction of Al accelerates scientific and technological processes, rewrites labor and management rules, changes social norms and standards, creating new opportunities and causing an increasing number of ethical and social issues. One of the main problems of the development of any strategy involving the development of artificial intelligence is the determination of the legal, social, and actual status of artificial intelligence. In this regard, there is already a question of how to build a global and national strategy for the development of a society in which technologies based on artificial intelligence will dominate.

  A Kiselev

  33-36

    

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  Impact of digitalization on legal culture Digitalization affects not only human life, but also his consciousness, including legal culture. The purpose of the study is to identify the main trends in changes in legal culture, which are proceeding relatively slowly. Among the main trends one can identify the “split” of the legal culture of the individual, the rethinking of the role of the lawyer in the professional legal culture, the indirect influence of non-human entities on the dynamics of mass legal culture, the emergence of new forms of legal communication and forms of dominant behavior. Therefore, the state needs soft control over relevant trends.

  N Ladenkov

  36-43

    

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  Digital technologies as a tool for broadcasting traditional russian spiritual and moral values The article reveals the issue ot active digital transtormation in the held of education. The purpose of the article is to identify tools that allow using modern information and communication infrastructure to broadcast traditional Russian spiritual and moral values. The author comes to the conclusion that the results of permanent processes of introduction of new technologies, changes in the ways of creation, transmission, storage and dissemination of information are inevitable and can be productively applied in scientific and methodological, educational and educational purposes of modern historical and legal science.

  V Mun

  43-48

    

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  About the possibilities of artificial intelligence in providing balanced elements of the norm of law The article considered opportunities for utilizing artificial intelligence in the process of creating rules of law. At the same time, an attempt was made to comprehensively analyze the feasibility of creating and applying three-element rules of law, rather than two-element ones. Particular attention was paid to ensuring the balance of the norm as a percentage, which is only feasible for artificial intelligence. Along with the positive aspects of using artificial intelligence in the process of creating the content of legal norms, the possible risks of such innovations were also calculated.

  S Murataev

  48-57

    

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  Can anthropologically oriented digital tools be recognized as subjects of law? (anthropological and legal analysis) The concept of anthropologically oriented digital tools acting as digital analogues of a person or organization as traditional subjects of law and having appropriate technological parameters is substantiated. The article analyzes international and national legislation, doctrinal positions regarding the possibility of recognizing a smart robot as a subject of law in the form of an “electronic person”. It is concluded that any subject of law, regardless of the type of legal structure used for its construction, must be connected with a real person, based on real personal and legal properties. The recognition of a “smart robot” as an “electronic person” as a fictitious anthropological and legal model is possible only when such a level of inclusion of robots in the life of the population is reached, in which it will be associated with the necessary protection of citizens’ rights and freedoms and the maintenance of law and order. At the same time, the robot as an “electronic person” should not be considered as autonomous in the anthropological and legal sense, one-order to the traditional varieties of legal entities of education, but as a special form of legal agency, allowed by the legislator as a fiction for the purposes of legal pragmatics and ensuring legal relations involving a digital element.

  V Pavlov

  57-66

    

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  Digitalization of law enforcement: legal monitoring The article examines the role of legal monitoring in the ongoing digitalization of law enforcement in the Russian Federation. At the same time, one of the priority areas of legal monitoring is the analysis of legal norms regulating the use of digital technologies in public life. Currently, it is impossible to draw an unambiguous conclusion about the high efficiency of legal monitoring in the field of digitalization of law enforcement. However, a full-fledged integration of monitoring into a digital system for predicting the results of changes made to legal acts makes it possible to show the state of the legislative system in the context of the intensity of rule-making activities, as well as to propose measures to improve this process and, accordingly, improve the quality of public and municipal administration.

  A Pavlushkin

  67-72

    

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  Digital man: philosophical and legal analysis The article is devoted to the philosophical and legal research of the category “digital man”. Based on the analysis of modern literature and legislation, possible meanings of this concept are considered. It is concluded that at present the concept of “digital man” from the philosophical and legal positions is an oxymoron. However, in the future, it is possible to construct an independent subject of cyberlaw based on the digital profile of a person, which can be designated by the term “digital man”.

  A Skorobogatov, A Krasnov

  84-91

    

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  Minors and elderly people as subjects of internet legal relations: problems of design This article raises the problem of constructing legal subjects in the digital environment taking into account the broad theoretical and legal context. In the conceptual and methodological block of the article, issues of constructing a subject in law are discussed. Author formulates a conclusion about the historically established adaptation of the paradigm of perception of the subject of law to physical reality, which does not include digital legal relations. It is argued that the concept of subjects of law is based on the presumption of the social significance of plenty of parameters of social subjects, which should consdered as the basis for a particular volume of rights, freedoms, duties and other elements of legal status. In the analytical part of the article, this concept is examined througout the age parameter relative to the two extremely different groups of people participating in legal relations on the Internet - the minors and the elderly people. Changing of basic social presumptions are shown and the outlines of proposals for improving legal regulation are formed.

  A Putincev

  72-80

    

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  Impact of digitization on compensation for moral damage to consumers in the service sector The main department of the rule of law must be fair and effectively restore violated rights, both property and non-property. The Russian Federation, which has declared itself a legal European Union, must comply with these criteria. There is only one type of harm that is always caused to a person, in all cases of violation of legal rights and interests without exception, and is always caused in the first place, i. e. This harm is moral. This goal is an analysis of problems associated with moral harm caused to consumers in the service sector in the context of the progress of modern markets and digital civilization.

  G Romanova, E Shubina

  80-83

    

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  Issues of digitalization of judicial activity The article examines the importance of digital technologies in the modern world, including legal and, in particular, judicial activities. The trends of digitalization development in the administration of justice in the Russian Federation are considered. A distinction is made between the digitization of the record-keeping system and electronic justice, which involves the inclusion of artificial intelligence in the decision-making process.

  Yu Tarasova

  91-95

    

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  Digital transformation of norm–making In this article, as in other areas, the issues of digitalization of rulemaking activities in the field of legislation are analyzed in detail. In particular, the article scientifically examines the positive aspects of the digitalization of rule-making and current trends in this area - artificial intelligence, digital law, etc. In the article, the author expressed his position on the stage at which artificial intelligence can be used. In addition, the article details the categories of digital law and digital law.

  A Khujanazarov

  95-98

    

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  Legal fact in the conditions of digital transformation The work makes an attempt to generalize the changes that affected the category of legal fact in the science of the theory of law and state in the context of the digital transformation of law. Suggestions for classifying these changes are given, as well as ways to develop scientific discussion in the future. The author also puts forward a thesis about the conditions for the immutability of certain types of legal facts, and creates prerequisites for distinguishing between observed phenomena.

  A Chikvin

  98-103

    

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  Legal aspect introduction of import substitution of software in the education system The article explores issues related to the use of domestic software in educational institutions. The paper analyzes the existing legal and organizational aspects of the introduction of domestic software products and considers possible problems and advantages of this strategy.

  E Akimov, E Lejnina

  104-107

    

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  Digital technologies in tax authorities This article discusses the features of digitalization of tax authorities. The reasons for the introduction of information technologies in the activities of tax authorities are outlined. The article discusses the features of the functioning of some information resources for the work of tax authorities with taxpayers. The author defines the results of the use of digital technologies. The strengths and weaknesses of information resources of tax authorities are indicated. Attention is paid to the issue of the use of information technologies in the personnel work of tax authorities.

  A Antonova

  107-114

    

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  Legal support for the informatization of customs control at the present time The author examines the issues of legal support for the use of IT technologies in customs control in modern realities. Much attention is paid to the implementation of the Decrees of the President of the Russian Federation and the Strategy for the Development of the Customs Service of the Russian Federation until 2030. The prospects for the application and legal support of single window and artificial intelligence mechanisms during customs control are considered, which will significantly simplify customs procedures for bona fide participants in foreign economic activity.

  D Afonin

  114-118

    

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  Digital technologies in the enforcement system В статье исследуются вопросы цифровых технологий в системе принудительного исполнения, совершенствования деятельности и правовой регламентации в исполнительном производстве, обосновывается необходимость расширения перечня принципов принудительного исполнения, дополнения законодательства Российской Федерации нормами, предусматривающими административную процедуру обращения взыскания на цифровые финансовые активы, криптовалюту должника, что позволит перейти на более высокий уровень государственного управления с использованием эффективных средств цифровых технологий, информатизации, применения мер административного принуждения, обеспечения прав человека и гражданина.

  N Bakurova

  118-123

    

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  Digital transformation and problems of combating corruption in government The article raises the problems of using digital technologies in combating corruption. The processes of digitalization of the economy indicate the need to strengthen public and state control in this area. The purpose of the study is to reveal the prospects of the impact of digital transformation on the implementation of anti-corruption measures. As a result of the analysis, it is concluded that the prevention of corrupt behavior loses its meaning, since the latter passes into a virtual environment and becomes inaccessible to measures of prevention and suppression by the state and society. It is stated that openness and publicity in the activities of the authorities depends on the prompt placement of information, excluding its falsification. The creation of a special public register of IT specialists who have committed cyber crimes, including those accused of committing corruption offenses, should contribute to reducing the level of corruption.

  E Bezvikonnaya

  123-127

    

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  On the legal aspects of the use of information technology in the learning process The need for the use of distance learning was caused by an unexpected pandemic. The complex consequences of the pandemic were avoided, but the need for the use of digital forms of education and digital products remained. This was due to the advantages associated with the use of distance learning format. But there are also disadvantages. The article touches upon the legal aspects of the use of information technology in the learning process.

  M Belousova, S Zdorovec, A Alekhina

  127-131

    

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