Analysis Of Russian Legislation Research Articles

Telecommunications Secrecy Violation in the Context of Russian Criminal Law: Current Problems and Prospects for Overcoming Them

The paper is devoted to the controversial issues of criminal liability for violating the secrecy of correspondence, telephone conversations, postal, telegraph and other messages based on the analysis of Russian legislation, generalization of judicial practice and experience of foreign countries. The author explains the concept and content of communication secrecy, examines its correlation with other types of legally protected information, provides a criminal legal assessment of the dissemination of mutual correspondence without the consent of one of the addressees, and considers a sign of insignificance of the act in relation to encroachments on constitutional human rights. Telecommunications secrecy is defined as any information transmitted using wired, radio, optical or other electromagnetic systems, to which access is restricted in accordance with the Constitution of the Russian Federation, other regulatory legal and local acts. It is proposed to consolidate the provision that only a person who is not the addressee of negotiations, correspondence and other messages can bear criminal responsibility for violating the secrecy of communication. The rules of qualification of the violation of the secrecy of communication are formulated in conjunction with the crimes in the field of computer information, as well as with the illegal receipt and disclosure of information constituting a trade secret. It is noted that Part 2 of Article 138 of the Criminal Code of the Russian Federation should be supplemented with the provision listing qualifying signs of the use of information and telecommunication networks by a person and about unauthorized access to the critical infrastructure of the Russian Federation. The author criticizes the refusal of the courts to recognize the violation of the secrecy of communication as an insignificant act only because of the special significance of the object of criminal law protection. A rule is established to eliminate competing criminal law norms concerning exemption from liability for violating the secrecy of communication by applying the article of the Criminal Code of the Russian Federation, which is the most favourable for the person who committed the crime. In conclusion, the author proposes a new version of the article of the criminal law on violation of the secrecy of correspondence, telephone conversations and other telecommunication messages that provides for the composition of a crime with administrative prejudice.

Internet service providers as subjects of prevention of sexual crime on the Internet

The subject of the article is the provisions of the legislation of the Russian Federation aimed at ensuring the sexual inviolability of a minor.The object of the research is the relations connected with ensuring the sexual inviolability of minors.The Internet serves as an additional tool that facilitates access to minors, their social pages, the impact on the psyche of minors, and the involvement of children in destructive groups. However, not all articles establishing criminal liability for violation of the sexual inviolability of children contain a qualifying feature - this is the use of the Network in the implementation of such activities. Thus, Art. 135 of the Criminal Code of the Russian Federation, which establishes criminal liability for committing indecent acts against minors, does not contain a qualifying feature - the commission of a crime through the use of the Internet.The organization of Internet relations on the Web is carried out by various Internet providers, whose activities are connected both with organizing the communications of network users and with ensuring the circulation of information on the Internet. Based on these theses, the article provides answers to such questions as can acts were committed with the help of Internet technologies to be qualified under Art. 135 of the Criminal Code of the Russian Federation, is the use of Internet technologies by ISPs effective as a tool to combat crimes against the sexual integrity of minors carried out using the Web, and what legal and technical instruments will ensure the sexual integrity of children?The study showed that the norms of the Criminal Law aimed at preventing crimes related to the sexual inviolability of minors are also applicable to acts committed using the Internet. In accordance with the legislation of the Russian Federation, violence can take the form of physical or mental impact on a person, carried out through the Internet. Regarding the possibility of committing indecent acts on the Web, it can also be concluded that such acts can be recognized as depraved, despite the absence of direct physical contact with the body of the victim.States use various methods for determining the content, recognizing images distributed on the Web. The most commonly used technological tool is the information monitoring method. However, the obligation to use this method, both in Russia and in European countries, is not provided for all types of hosting providers.In connection with the analysis of Russian legislation, we can conclude that the possibilities of such hosting providers as the owners of audiovisual services and news aggregators in the field of information monitoring remained unused. Thus, the Federal Law “On Information, Information Technologies and Information Protection” does not contain requirements for the owners of audiovisual services and news aggregators to conduct mandatory monitoring of information distributed on Internet platforms.The use of content filtering technology cannot be considered a panacea, but its mandatory use by various hosting providers will reduce the likelihood of distributing prohibited information.The requirement for the owners of social networks to monitor content by their users, defined by the Federal Law “On Information, Information Technologies, and Information Protection”, is only the first step taken towards reducing the volume of prohibited content posted on the Web. However, the requirements for the use of image and text recognition technologies by Internet providers remained outside.The article used the methods and techniques of formal logic - this is analysis and synthesis, analogy, comparison, hypothesis, proof in order to determine assumptions and find answers to the questions posed in the article.The study and comparative analysis of the practice of ensuring the safety of children from information posted on the Web, reflected in foreign studies, demonstrating possible solutions, made it possible to compare Russian experience with the experience of foreign colleagues and draw conclusions about approaches to solving the problems.The methods of forecasting and modeling are used for formulating possible ways to develop regulation and eliminate gaps in Russian legislation.

Judicial Protection of Copyright and Related Rights in the Context of Technological Changes

The use of digital technologies changes the objects of copyright and related rights, creates conditions for the emergence of new subjects that promote the use of the results of intellectual activity in information and telecommunication networks, and new forms of interaction between copyright holders and users. Such changes require not only the timely adaptation of legislative acts regulating relations in the digital environment, but also the development of uniform approaches in law enforcement practice. Despite the difficult epidemiological situation around the world, in the context of digital transformation, which affects, among other things, judicial activities, the interest of copyright holders in protecting their copyright and related rights continues to grow, and as a result, the number of cases considered by courts on violations of copyright and related rights is increasing. The analysis of Russian legislation in the field of intellectual property and judicial acts that relate to the civil protection of infringed copyright and related rights, carried out in the article, is aimed at identifying problematic aspects of law enforcement in the context of technological changes. When writing the article, in particular, the methods of analysis and synthesis, abstraction and induction, as well as other doctrinal and general scientific methods, were used. The article focuses on the issues of civil law protection of copyright and related rights violated, including when used in information and telecommunication networks. Separate methods of civil law protection are considered, including requirements for recognition of rights, suppression of actions that violate copyright and related rights, as well as publication of court decisions on the violation. The expediency of generalizing judicial practice in cases of violations of copyright and related rights in information and telecommunication networks, including with regard to the application of preliminary interim measures of protection, is noted.

Legal and psychological grounds for determining information as harmful to the health and development of children

The article is devoted to the study of the psychological and legal aspects of the content of the harm category as a criterion for evaluating information, the consumers of which are minors. Based on the analysis of Russian legislation in the field of children’ information security, we made a conclusion about the absence at the regulatory level of certain, but at the same time necessary and sufficient criteria for isolating information harmful to children. The paper contents proposals to introduce the labeling content of informational products in Russia, as well as to take into account the conditions of informational distribution as a factor used for age marking of informational products and defining content as creating risks for children’ informational safety. One of the promising directions in the development of legal regulation of relations in the field of protecting children from destructive information is proposed to be a risk-based approach to assessing the likelihood of harm to the child’s psyche by disseminating information. Particular attention is paid to the analysis of the content of mentally harmful content for children. At the same time, the authors substantiate the expediency of using such a more accurate criterion for evaluating information as the criterion of "the negative impact of information on the child’s mental development". The paper points out that information products, ideally, should contribute to the formation of mental formations of the age of consumers, or at least not prevent this. On the example of the tasks of the children’ mental development in certain age periods, the paper illustrates the shortcomings of the current age-related categorization of information products and suggests options for its improvement.

Some issues of regulating the activities of trade unions of persons employed through Internet platforms in the Russian Federation

The article examines some of the issues that arise when determining the legal regulation of trade unions of persons employed through Internet platforms in the Russian Federation. The author notes that in the current conditions of the development of society and the state, the emergence of a category of precariously employed “workers”, who, by virtue of labor legislation, are not such, creates new challenges for the formation of a system for protecting their social and labor rights and interests. An analysis of Russian legislation has shown that de facto such persons can form traditional trade unions or other alternative trade unions to protect collective rights and interests. However, on the other hand, persons employed using Internet platforms cannot use all the instruments of labor law without being “employees”. For possible progress in solving this problem, the author proposes to amend the legislation of the Russian Federation on trade unions.

The history of Russian criminal proceedings against minors

The subject of the study is the peculiarities of the development of the historical path of the procedural status of a minor in the framework of criminal proceedings. The author substantiates the need to study its development in order to prevent mistakes of the past and develop modern legislation taking into account the historical procedural past. The object of the research is the analysis of Russian legislation in the historical context and the influence of the social and political situation on the relations of the legislator and minor participants in the criminal process. When writing the article, the author relied on the use of system-structural and structural-functional methods, which allowed to reveal the features and patterns of evolution of both criminal proceedings and juvenile law. The author proposes to consider the evolution of Russian criminal proceedings against minors through five main periods, starting from the legislation of Ancient Russia to the present day. For each of the selected periods, he identifies characteristic and specific features that in one way or another characterize the procedural features of criminal proceedings in criminal cases against minors. The main conclusions of the research conducted by the author are to identify the features and patterns of the historical period, the social and political levels of development of society and Russian legislation in general and criminal procedure legislation in particular. The author comes to the conclusion that it is impossible to solve modern legislative problems that stand in criminal proceedings against minors without taking into account historical experience. This approach helps to understand not only the historical path of the formation of the Russian criminal process in relation to minors, but also to take into account the peculiarities of mentality when solving existing controversial or problematic issues regarding the procedural status of minors.

Administrative suspension of operations for violations of industrial safety: theoretical and practical issues

The subject. The main issues of law enforcement activity on the application of administrative punishment in the form of administrative suspension of operations for identified offenses in the field of industrial safety of hazardous production facilities.The purpose of the article is to confirm or disprove hypothesis that Russian legislation allows the resumption of activities after the expiration of the period of its suspension without eliminating violations of industrial safety.The methodology of research is logical analysis of Russian legislation, statistical data and judicial decisions concerning enforcement of administrative suspension of operations in Russia.The main results. There is an ambiguous approach in the scientific literature to fixing the administrative suspension of operations in the system of administrative penalties. The effectiveness of its application is noted by some authors. At the same time, there are adverse consequences associated with the application of administrative suspension of operations for the further production activities of economic entities. Social tension in the collective of enterprises, difficulties of recovery after forced downtime, unclear prospects for further economic activity – this is not a complete list of problems arising in connection with the administrative suspension of activity. When making a court decision, judges often appoint a fine as a penalty and rarely a penalty in the form of suspension of operations. This is due to the complexity of the actual realization of suspension of operations, the special social significance of objects; the lack of a specialist's conclusion about the real danger of an offense. But if violations of industrial safety are detected during the operation of hazardous production facilities, it is initially possible to assume a high probability of serious consequences for the life and health of people, the environmental safety. Administrative suspension of activities is carried out by both judicial and non-judicial control authorities. In authors’ opinion, the application of this type of administrative punishment should be exclusively in the judicial jurisdiction. The law enforcement judicial practice concerning administrative suspension of operations in Russia is not uniform.Conclusions. There is a legal uncertainty in the mechanism of imposing administrative punishment in the form of administrative suspension of operations for violations of industrial safety of hazardous production facilities (Article 9.1 of the Russian Code of Administrative Offences). The uncertainty is manifested in the fact that the economic entity does not always eliminate the detected violations within the legally established period and after the expiration of the period for which the activity was suspended, the company resumes its activities nevertheless. Such opportunity reduces the preventive value of this punishment.

Compensation for environmental damage under international law and national legislation

This article analyzes the development of international legislation, as well as the legislation of individual states regarding the legal regulation of compensation for environmental damage. The authors identified and analyzed two levels of regulation. The first level is international; it includes acts adopted or approved by a group of states. The second level is national; it includes the regulations of individual states. The conclusion about the existence of general rules of legal regulation in the legislation of various states is formulated. Based on the analysis of Russian legislation, mechanisms for its improvement are proposed, including using international experience.

Analysis of Russian legislation from the point of view of gender asymmetry

This article is devoted to the analysis of Russian legislation from the point of observance of gender symmetry and the identification of norms that infringe on the rights of one of the genders and thereby hinder the exercise of rights on equal footing. The starting point in the research methodology is the study of the concept of a gender-neutral norm, which should proceed from the position of ensuring equality of conditions and opportunities for men and women to the same extent. Also, a gender analysis of Russian legislation was used as a methodology, as a result of which it can be concluded that the Russian state, as an institution to which society has delegated power, is not fully consistent in the political measures and steps taken to resolve this issue. The final conclusion that was reached during the study, in a number of cases, seems advisable to revise the provisions of Russian legislation beforehand with sociological research, which makes it possible to reveal the real effectiveness and possible side negative consequences of the application of certain legal norms and thereby minimize the procedural problems that arise in this regard.

Organizational and Legal Aspects of Transport Logistics as a Factor of Sustainable Development

Transport logistics is an essential factor in the sustainable development of the modern economy, since it ensures the most efficient movement of freight flows. It provides an opportunity to attract specialized organizations for cargo transportation, which frees cargo owners from non-core activities, reduces the cost of transportation of goods, and considers the interests of all participants in the logistics chain. Our study aims to analyze the organizational and legal aspects of transport organizations to ensure sustainable economic development. The development uses modern legal science and methods of scientific research to develop and improve Russian legislation governing the provision of transport and logistics services. We used materialistic dialectics, complex and system analysis, logical laws and rules, and modeling in our research. In particular, we reviewed and analyzed the norms of the current Russian legislation, their implementation by the subjects of economic activity, and the works of civil scientists in private law and specialists in other related fields. Based on the analysis of Russian legislation and doctrinal understanding of logistics services, we conducted a theoretical and applied study of the existing improvements in the legal regulation of this sphere. The logistics should be considered an economic category and a traditional institution to ensure steady transport development. We proposed amendments to existing federal laws, including changes in the name of certain sections of the Civil Code of the Russian Federation. To control organizations providing transport and logistics services, measures of public administrative impact directly affecting the sustainable development of transport are proposed.

Конституционные особенности статуса федеральной территории: вопросы теории и практики

The article is devoted to the study of the federal territory organization constitutional and legal foundations. The article analyzes the constitutional acts of Russia on the issues of formation and functioning of the federal territory as a separate type of public law entities. It is established that in legal science there are different approaches to the definition of the concept «federal territory». In this connection the position of applying this term only in the political sense is justified. The author formulates the main characteristics of the federal territory as a public law entity, and examines the provisions of the Federal Law «On the Federal Territory "Sirius"», which defines the status, territorial structure, as well as the order of public power organization in the federal territory. It is indicated that the federal territory in Russia is a public law entity «with a special status», since public authorities are created and operate within its borders, with separate powers of federal, regional and municipal importance. Based on the results of the analysis of Russian legislation and legal literature, the content of the federal territory constitutional legal personality is shown, which has certain differences from other public legal entities (state subjects and municipalities).It is stated that the creation of federal territories is associated with the consistent implementation of the administrative reform stages aimed at improving the efficiency of the executive power in our country. In the study of the federal territory as a new constitutional and law institution, the author uses methods of analysis, synthesis, as well as formal legal, dialectical and systematic methods of scientific research, the combination of which made it possible to determine the constitutional and legal content of the federal territory as a new type of a public law entity.

Управление многоквартирным домом жилищным кооперативом: направления совершенствования законодательства

This article deals with the regulation of public relations that are developing regarding the management of an apartment building by housing, house-building cooperative. Based on the analysis of Russian legislation on housing and house-building cooperative, attention is drawn to the legal gaps in housing legislation related to the management of multi-apartment housing, house-building cooperative, which is one of the important problems of housing, house-building cooperative, as well as ways to solve them.

Recent Development of the Russian Judiciary System

In 2020, the current federal targeted program for the development of the judicial system will expire. It is therefore necessary to sum up preliminary results and consider the activities of the next set of programs for the judicial sector. For the past 18 years, the Russian government has not made public the results of these programs, or discussed findings with the legal community. These programs are developed behind closed doors without any consideration given to the academic community, to public opinion or to the concept of sustainable development: the rule of law and access to court. This academic article aims at identifying ongoing issues in the Russian judicial system and legal proceedings by defining and understanding the term “Development” and to provide a comparison and analysis of the Russian Federation federal targeted programs as well as the concept of sustainable development: the principles of strategic planning and the concept of a unified standard for the provision of public services by the government. An analysis of Russian legislation, and specifically legislation related to the Russian judicial system, leads to the conclusion that there lacks a true understanding of the term “Development,” and therefore the government can refer to nearly anything as being “development,” when in reality it is not. Due to this lack of recognition of the problems within the Russian judiciary system, these issues will likely not be addressed in the next federal target program for the development of the judicial system. With this in mind, the author attempts to recommend several proposals which may be helpful in the creation of the new program for the development of the judicial system which will be in effect until 2030.

КОНСТИТУЦИОННОЕ ОГРАНИЧЕНИЕ ПРАВ И СВОБОД ЧЕЛОВЕКА

The article deals with the constitutional concept of "restriction of human and civil rights and freedoms". The main idea in it is that restrictions on human and civil rights and freedoms should be established in accordance with the provisions of the Constitution of the Russian Federation, international standards, and the principles of justice, equality, and proportionality. In addition, an attempt is made to distinguish between the concepts of "restriction of rights" and "diminution of rights", and the purpose of restricting human and civil rights and freedoms, enshrined in the Constitution of the Russian Federation, is examined. Restrictions on rights and freedoms are considered in terms of General and special legal regimes – States of emergency and martial law. Taking into account the specifics of the region, appropriate attention is paid to the restriction of rights and freedoms under the counterterrorism operation regime. The entire research is based on the analysis of Russian legislation, international legal documents and their practical application.

Financial factor for ensuring economic security of Russia

. Objectives of writing . The purpose of writing this article is to study the concept of economic security, as well as the allocation of its structural components. In the course of such an analysis, it was revealed that one of the main factors for ensuring economic security is economic aspects (called financial security). Methodological foundations and methodological approaches . In terms of methodology, the study is based on an analysis of Russian legislation and the works of Russian economists on economic security issues. The practical aspects of the research in their informational basis are based on data from Rosstat and the Bank of Russia. The results of the study . According to the results of the study, the following results and conclusions were obtained: Currently, the concept of economic security does not have a clear identification in either Russian legislation or the scientific community; the concept of economic security can be divided into several structural elements: financial (the most important element), investment, fiscal, industrial security; In matters of financial security, there is currently no clear vision of target priorities and benchmarks; The current monetary policy is contradictory in its essence and does not provide for the growth of the real sector of the economy. Theoretical and practical recommendations . Conducted research can serve as a basis for structuring problems of economic security. An important merit of the authors is the explanation of the contradictions of the current monetary policy. The authors showed that the policy of targeting (restraining) inflation does not create conditions for the growth of investment activity and economic growth.

Соглашение о международной подсудности с участием потребителя: предоставление защитной юрисдикции потребителю в цифровую эпоху

The article raises issues of validity of the international choice of court consumer agreements in favor of foreign jurisdiction taking into account the worldwide practice of concluding agreements on electronic platforms. The author addresses the issue of the conditions of consumer contracts on changes in domestic territorial jurisdiction in order to assess their possible extrapolation to cross-border relations. Based on an analysis of Russian legislation and judicial practice, the author formulates the conditions for providing the consumer with protective jurisdiction.

The application of international treaties of the Russian Federation in the legal proceedings in arbitration courts of Russia

The article substantiates the necessity of a system analysis of the processes of applicationof the norms of international treaties by commercial courts of the Russian Federation. Thisneed is justified, at least, by the following: an insignificant amount of special research inthis field in comparison with a similar subject within the courts of general jurisdiction, thecreation of a relatively new body of supranational control over compliance with the normsof international treaties in the field of commercial courts’ practice.The purpose of the study is to identify problems of application of international treaties ofthe Russian Federation arbitration courts of Russia.The author uses methodology of formal legal analysis of Russian legislation and courts’ decisions.The results and scope of it’s application. The author, taking into account the specifics ofcommercial proceedings and the nature of disputes heard in commercial courts, proposedlegal grounds in a concentrated form which allow to state the existence of the obligation toapply the norms of international treaties by Russian commercial courts. Two levels of suchgrounds can be stated – international and domestic.Publication of the texts of international treaties as a problematic segment of their applicability.The article highlights one of the problematic segments of the application process ofthe norms of international treaties for the purpose of more detailed reflection. The practiceof commercial courts demonstrates that in both legislative acts and acts of applying law,the concepts of "official publication" and "bringing to the public" are alternated with eachother. Despite the reform, the procedure of official publication has not acquired the characterof a systemic institution of Russian law. This significantly complicates the activity ofadministering justice with respect to the legislative acts of international law.Conclusions. From the point of view of international law, the state, independently determiningthe procedure and methods of implementing international treaties within its legalsystem, is not limited in its ability to burden itself with the need to abide by additional proceduresnot provided by the international legal system of procedures. Official publication,as a necessary procedure for the entry of a legislative act into the force, represents such anadditional procedure designed to protect more effectively human rights and freedoms andto streamline law enforcement practice. In this connection, the author formulated the provisions,the implementation of which can help in matters of systematization of the institutionof official publication of international treaties of the Russian Federation.

Perspectives of introduction sustainable procurement in public procurement in Russia

The paper is about sustainable public procurement as a new global trend in the development of a sustainable economy. The main question raised is the following: how could sustainable public procurement be implemented in Russia? We aim to answer the question by presenting the findings of survey, covering public procurement practices of 51 contracting authorities and documentation analysis of 400 public tenders, and investigating Russian legislation. The conducted survey aims to identify the aspects of sustainable public procurement already used by public authorities in procuring practices in Russia. The analysis of Russian legislation allows to define in which sections of procurement documentation different aspects of sustainability could be included. This paper provides a unique survey of sustainable procurement practices across the Russian public sector. Research also shows the prerequisites of implementation of sustainable public procurement in Russia.

Self-Regulatory Organizations of Professional Securities Market Participants: Membership Features

Based on the analysis of Russian legislation and self-regulatory organizations of professional securities market participants documents the article describes the main membership conditions of such organizations and defines membership features.