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Some issues of protection of honor, dignity, business reputation and good name

The article examines the problems of protecting the honor, dignity, business reputation of citizens, legal entities when disseminating false and defamatory information by posting reviews on the Internet, including both on specialized services for publishing reviews, and on marketplace websites, pages in social networks and other information resources. Today, when information about the state of health care and the quality of medical care is of great public importance, and the right of consumers to publish reviews is an important element of the consumer protection system, a balance is needed between the right to freedom of speech and the right to protect honor and good name. In connection with a certain transformation of the type of communication, controversial situations arise related to the protection of honor, dignity, business reputation and good name both in determining the jurisdiction of this category of disputes and in establishing the person responsible for the dissemination of information, as well as in connection with the need to distinguish opinions, value judgments from statements about facts or events that are considered to be false, defamatory information. It should be noted that the information posted in reviews may be a value judgment, an expression of opinion, but create a negative impression of the activities and reputation of a person. As a result of the conducted research and based on the analysis of judicial practice, the author came to the conclusion about the need to establish legal regulation, requirements for the procedure for publishing reviews on the Internet. Considering the fact that Internet resources allow you to act anonymously, in bad faith, the author proposes to introduce a ban on the purchase and sale of fake reviews, on the use of artificial intelligence to create reviews, a ban on providing any compensation for posting reviews, or establishing civil liability for the refusal of an information resource to take measures to verify the information specified in a review and allegedly containing information that does not correspond to reality, defamatory honor, dignity, or business reputation.

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Classifications of legal collisions in foreign theory of law (H. Kelsen, A. Ross, N. Bobbio, R. Alexy)

The subject of the article covers a number of the most significant classifications of legal collisions (normative conflicts) which are presented in the XX century foreign theory of law while little discussed in domestic Russian jurisprudence. The purpose of the article is to expound these classifications, as well as to assess their explanatory and practical potential. The relevance of the topic is due to the significance of the problems of conflict of laws in legal practice, which require a developed doctrinal toolkit accounting for the pluralism of normative conflicts and forms of dealing with them. The key sources of the research embrace the works by iconic jurists of the XX century (H. Kelsen, A. Ross, N. Bobbio, R. Alexy, etc.), including those not presented in Russian language. The result of the study is an analysis of the division of legal conflicts according to the criteria of normative hierarchy, degree of coincidence of spheres of norms’ application, possibility of legal resolution of conflict, character of norm’s operation, etc. As a general conclusion, the article emphasizes the value of the above classifications for the formation of a differentiated apparatus for dealing with norm conflicts in legal practice, as well as the need to understand their theoretical limitations, including in the domestic legal context.

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On the issue of establishing extraterritorial jurisdiction over transnational crimes in the sphere of illegal trafficking in narcotic drugs and similar substances: international and legal analysis

The increasing level of drug addiction in the world community requires the Russian Federation to coordinate measures aimed at combating the illegal trafficking of narcotic drugs and similar substances. The intensifying transnational nature of crime makes it impossible to effectively combat the illegal trafficking of narcotic drugs and psychotropic substances without coordinating the efforts of interested states at the international level. The article considers approaches to establishing state jurisdiction over transnational crimes related to the illegal trafficking of narcotic drugs and similar substances. Doctrinal approaches to determining jurisdiction are considered and an analysis of international practice of applying these approaches is provided. The author examines the normative material of the UN protective conventions in the field of combating illicit trafficking in narcotic drugs and psychotropic substances and the practice of law enforcement, and also analyzes two conflicting approaches of continental and common law countries regarding the application of the obligation aut dedere aut judicare when establishing extraterritorial jurisdiction.

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Prohibitory norms of criminal law as a means of combating cybercrime and criminal use of artificial intelligence: current state and forecast

Social discipline in modern society is impossible without harmonization of the cognitive capabilities of an individual and the authoritative social information about the inadmissibility of socially dangerous acts of behavior of an individual. However, the modern world, armed with information technology, rushed into virtuality, into the information space. The article provides an analysis of statistical data of the Ministry of Internal Affairs of the Russian Federation on the number of crimes committed in the digital reality. The results of the generalization of such data indicate an impressive increase in the number of cybercrimes. On the other hand, the analysis of criminal legislation demonstrates the low activity of the legislator in countering new digital challenges. The author gives a generalized description of doctrinal points of view on cybercrime and comes to the conclusion about the need to develop legislative provisions providing for the concept of cybercrimes, the rules for their qualification and investigation. Based on the experimental use of artificial intelligence, the author demonstrated the capabilities of this biocybernetic system to develop algorithms to counter criminal prohibitions. The author comes to the conclusion about the high danger of the criminal legislation lagging behind the development of digital social phenomena and connections; Over time, such a lag will become critical and may lead to the synergistic destruction of sociality both within the state and of all humanity.

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Ensuring the principle of legal certainty when considering complaints against a decision on refusal to initiate criminal proceedings in accordance with article 125 of the Code of Criminal Procedure of the Russian Federation

The right to legal certainty is a constitutional right and ensures, among other things, the stability of the legal status of an individual and its guarantee by the state. The study found that the existing legal status of such participants in the criminal process at the stage of initiation of criminal proceedings as the applicant and the victim indicates a restriction of their right to legal certainty. The analysis of legislation and law enforcement practice allowed us to formulate a number of problems caused by the violation of the right to legal certainty when appealing a decision to refuse to initiate criminal proceedings in accordance with Article 125 of the CPC of the Russian Federation by the applicant and the victims. The article offers scientifically based solutions to the identified problems, involving the improvement of legislation in order to ensure the right of the applicant and the victim to legal certainty. The conclusions formulated as a result of the study can be used to improve the gaps in the legislative regulation of the situation of the victim and the applicant at the stage of initiating a criminal case and ensuring their right to legal certainty, including in the complaints proceedings in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation.

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Theory of investigative action by S. A. Shafer (on the occasion of the Teacher’s anniversary)

The issue of the concept of investigative action, which has been in the center of attention of Russian processualists for many decades, has been studied «inside and out» by both masters of Russian science and many of their followers, and to this day retains not only its relevance, but also its controversial and scientific acuteness. Evidence of this is the continued development and complication of the system of procedural actions regulated by the Code of Criminal Procedure of the Russian Federation, during which evidence appears in a criminal case, while the concept of investigative action in the Criminal Procedure Code of Russian Federation remains absent. On the eve of the 100th anniversary of Professor Semyon Abramovich Shafer, who devoted his scientific life to the study of the legal and epistemological nature of investigative action, the article makes another attempt to comprehend the concept of investigative action developed by him as a way not only to collect evidence, but also as a process of their formation. To this end, based on the methods of system structural and formal-logical analysis of developing legal phenomena, the very concept of evidence is also being studied, which is changing with the development of criminal procedure legislation under the influence of the constitutional principles on which it is based. The conclusion is substantiated: the concept of evidence formation does not have universality, but retains its significance in relation to a number of investigative actions.

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On some features of interpretation and application of the qualified composition of deliberate bankruptcy

In 2021, the legislator introduced the qualified element of deliberate bankruptcy into the criminal law. A higher level of criminal liability has been established for the commission of this crime by a person using his official position or by a person controlling the debtor or by the head of this controlling person, as well as by a group of persons by prior conspiracy or an organized group. This article is devoted to the analysis of issues that can and do arise in practice related to the introduction of new criminal law norms. The relevance of the study is due to the increased danger of committing deliberate bankruptcy in these circumstances. The article draws conclusions about the impossibility of the ordinary interpretation of a person committing the crime in question using his official position. Therefore, the characteristics of this concept, formed using the comparative legal method, are proposed. The impossibility of a purely evaluative approach in qualifying the commission of deliberate bankruptcy by a person controlling the debtor has been established, and in this regard, a new edition of the corresponding qualified crime has been proposed. The peculiarities of qualification of the commission of deliberate bankruptcy by a group of persons by prior conspiracy and by an organized group are revealed. The shortcomings of the legislator’s approach are noted, expressed in the inclusion of these offenses in one category of crimes. At the same time, ways for courts to differentiate criminal liability in this situation are given.

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