Legal Assessment Research Articles

Complicity in a Minor Act and Minor Complicity in Crime

The article notes that the criminal legal assessment of complicity in a crime from the point of view of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation presupposes the solution of two interrelated tasks: 1) assessment of the social danger of the act itself, which was the result of the joint efforts of co-participants, i.e. actions (act of inaction) of the performer (co-executors); 2) assessment of the public danger of the participation of a particular person in the commission of this act. Thus, the projection of Part 2 of Art. 14 of the Criminal Code of the Russian Federation for an act committed in complicity, multiplies (at least doubles) the subject of criminal legal assessment.Complicity is traditionally considered a circumstance that increases the degree of public danger of an act. However, the fact of committing a criminal act in complicity does not in itself prevent the application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Firstly, the influence of this circumstance on the degree of social danger of the act is not so clear, since in some cases complicity can even reduce the social danger of the act (an example would be criminal acts committed under the influence of mental coercion or as a result of the involvement of a minor into illegal activities). And secondly, even in a typical situation when complicity increases the social danger of an act, this influence can be completely offset by circumstances that reduce the social danger of the act to an insignificant level. Specifics of application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation to an act committed by the joint efforts of several persons is that the issue of insignificance should be considered in relation to each such person individually, taking into account his role in the unlawful act committed, his personal criminal “contribution”, the amount of guilt, personal motives and goals.

LINGVOKRIMINALISTIK TADQIQNING METOD VA METODOLOGIYASI XUSUSIDA

The practical significance of special fields such as linguo-criminol- ogy, forensic linguistics, court rhetoric, linguistics of the legal language, lin- guistics of law-making, which arose on the basis of the mutual integration of the fields of linguistics and jurisprudence at the world level, is highly ap- preciated. In particular, in the process of judicial investigation, it is of great importance to carry out tasks such as checking and analyzing criminalistic texts in the linguistic aspect, identifying problematic situations and givingthem a legal assessment. This article discusses the methodology of linguis- tic research of texts related to the judicial investigation process. This meth- od plays an important role in text research.

Квалификация фальсификации сотрудниками оперативных подразделений незаконного оборота наркотических средств

Purpose of the work: to overcome contradictions in approaches to the qualification of falsification by employees of operational units of the results of operational investigative activities (hereinafter referred to as ORA), associated with abuse of authority, illegal drug trafficking and bribery. Objective: formulating rules for qualifying crimes committed by operational officers in connection with the exercise of their powers: determining the relationship between falsifying the results of operational investigations and the “planting” of narcotic drugs; justification for the criminal legal assessment of such a “plant” by the operative; study of the significance of the violation of the rights of victims from falsification of the results of operational investigations and imitation of their commission of a crime; substantiation of the presence of signs of extortion of a bribe in the presentation by the operatives to the victims of the demand for the transfer of a monetary reward for not bringing to criminal responsibility. Methodological basis of the research: normative approach, formal legal, study of decisions of the Supreme Court of the Russian Federation, courts of general jurisdiction, study of doctrinal provisions of criminal law. Conclusions: it is shown that the “planting” of drugs by operatives to stage their sale, storage or acquisition by other persons cannot be recognized as the sale of narcotic drugs, since the subjects committing such actions do not have the intent to transfer them to the purchaser, i.e. for distribution. It is argued that the demand by employees of operational units of funds from citizens allegedly “exposed” of committing a crime using imitation or provocation, for not bringing them to criminal responsibility, is extortion of a bribe, and not fraud. The scientific significance of the study lies in the theoretical substantiation of the rules for qualifying falsification of the results of operational investigations by employees of operational units, associated with abuse of authority, illegal drug trafficking and bribery. The practical significance lies in the formulated rules for qualifying crimes committed by operational officers in connection with the suppression of illegal drug trafficking, but carried out through falsification, provocation and creating the appearance of committing attacks.

Responsibility for Falsification of Evidence

The article considers some issues of qualification of falsification of evidence: whether it is possible to be held liable for falsification, if the court decision, on which the evidence was falsified, has entered into legal force; what is the subject of falsification of evidence; whether it is possible to recognize falsification of evidence as a minor act; whether the subject of falsification is the head of a legal entity, who did not directly participate in the court proceedings; legal assessment of falsification of evidence. Based on the analysis of the provisions of the law and judicial practice, the author substantiates the answers to the questions posed.

Политизация спорта в современном мире: правовой взгляд на проблему

The article is devoted to the definition of theoretical and methodological approaches to the proper legal assessment of the processes of politicization of elite sports in the modern world. The generally accepted principles of relations between the state and sports federations, key Olympic principles, conceptual provisions on sport as a specific socio-cultural activity are considered. An analysis has been made of the systemic discrimination occurring in recent years in Russian sports, the main reason being the unprecedented political pressure of the political leadership of some countries of the “collective West” on the International Olympic Committee, the Court of Arbitration for Sport, the World Anti-Doping Agency, and international universal and regional sports federations. The author’s theoretical, methodological, scientific and practical proposals are formulated to overcome the politicization of world sports, and a model for the full implementation of Olympic principles in the decisions and actions of the International Olympic Committee and international sports federations in individual sports is proposed. The scale of the negative impact of the politicization of sports to ensure the rights of athletes, the efficiency and quality of sports competitions, and ensuring a non-discriminatory approach in world professional sports is shown.

Legal assessment of the consequences of damage to the property interests of Ukraine as a result of russian aggression

Legal assessment of the consequences of damage to the property interests of Ukraine as a result of russian aggression

An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence

AbstractIn nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an “integrated” model for criminal responsibility.

Improving the system of protection of the rights of buyers of vehicles

The subject of the study is the existing system of protection of the rights of buyers of vehicles, which includes the prevention of offenses involving liability for misleading consumers about consumer properties or quality of goods (Article 14.7 of the Administrative Code of the Russian Federation) and for causing property damage by deception or abuse of trust (Article 7.27.1. of the Administrative Code of the Russian Federation), the commission of which involves, including for example, with the correction or reduction of the recorded mileage of the car. The connection of these actions with the technical condition of vehicles and road safety is considered, since any unauthorized actions with the technical condition of the vehicle are associated with a decrease in the level of safety of road users. The prevalence of this phenomenon requires an adequate response from the state's law enforcement system and the establishment of legislative barriers for this activity. The research methodology is based on general scientific (logical, systematic, analysis, generalization) and private scientific (comparative, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying the existing procedure for protecting the rights of buyers of vehicles at risk of being misled about the quality of the goods. The article substantiates the need to create a legal mechanism at the state level and on its basis an open mileage accounting system for used cars for citizens, which allows them to track their history from the moment they go on sale. It is proposed to give a legal assessment of the actions and establish liability for persons who, through the provision of services for correcting car mileage data, contribute to deceiving consumers, causing property damage to buyers, and are in direct connection with the decisions of vehicle owners on their maintenance and repair, which affects road safety.

Humanzentrierte Implementierung von (teil-)autonomen Drohnen

Abstract The industrial use of drones is constantly increasing due to the transition from Industry 4.0 to Industry 5.0. A prerequisite for the concrete implementation is the legal and organizational risk assessment of flight robotics. The core of the article is a systematic overview of relevant human-centered risk factors for the adaptation of drones in organizations. Based on the proposed risk taxonomy, design options for human-drone interaction and an overview of key questions for risk assessment are presented.

Legal Status and Assessment of the Competence of a Forensic Expert and Specialist: Conceptual Framework and Practical Implementation

Legal Status and Assessment of the Competence of a Forensic Expert and Specialist: Conceptual Framework and Practical Implementation

Peculiarities of legal assessment of aiding and abetting the aggressor state: National and international dimensions

Peculiarities of legal assessment of aiding and abetting the aggressor state: National and international dimensions

Digital Justice: Possibilities and Limits

This article, using the experience of the recent judicial reform of the People’s Republic of China, demonstrates the possibilities for the development of digital justice (as a techno-socio-legal phenomenon) and their limits. Received a legal assessment of actualization, taking into account the current state of affairs of the legal heritage of the Soviet period. The main directions of the development of digital justice have been differentiated and the need to establish the limits for the implementation of this process has been justified. The benefits of traditional justice versus simulated digital justice have been demonstrated. The thesis is justified that the process of digitalization, as an objective phenomenon, does not imply an artificial external setting of the limits of development; at the same time, in relation to specific types of social activities, it is not only permissible, but also advisable to level the directions of implementation of digitalization elements. In this connection, the installation on the formation of non-digital justice is quite reasonable.

The Legal Status of Artificial Intelligence Systems and Models of Differentiation of Legal Liability for Damage Caused by them

The objective of this paper is to define the models of responsibility for intelligent systems in situations when harm is caused (in the form of any wrongdoings, including crimes). For this purpose, the paper examines the current state of artificial intelligence technologies from the standpoint of moral, volitional and intellectual autonomy for modeling approaches to their legal personality. Such autonomy can be expressed only through the software element of a technological system, that is, even in the case of robots (cyberphysical systems), their legal assessment requires an analysis of how operations are carried out in order to evaluate incoming information rather than the physical characteristics of such a system. The author analyzes approaches according to which intelligent systems can be compared with legal entities, individuals, animals, and meta-directional structures in terms of the volume and nature of their legal capacity. The conclusion is made about the need for an independent legal assessment of artificial intelligence systems beyond their comparison with the existing legal categories. The need to train a system using a limited dataset, that is, without additional training in a real environment, adversarial attacks and internal errors of intelligent systems are considered as examples of technical limitations of technology that do not allow to raise the question of its subjectivity at the moment. The author highlights that in order to determine responsibility for the harm caused by an intelligent system, it is necessary to establish a circle of persons between whom it is distrubuted: an intelligent system itself, its developer and the operator (user). Thus, the author defines 10 models of responsibility distribution between them.

Historical and legal aspects of state formation in Ukraine (XVII–XIX centuries)

The article spectrally examines the problems of Ukrainian state-building in extremely difficult periods for Ukraine, namely the times of the destruction of the Hetmanship by the Russian tsars, the introduction of strict bans for the Ukrainian population regarding the use of the Ukrainian language and any manifestations of the Ukrainian national idea. The historical influence of the Treaty of Pereyaslav in 1654 on the further development of Ukraine is analyzed, as well as a historical and legal assessment of the agreements concluded by the Ukrainian hetmans with the tsarist authorities of Russia regarding the accession of Ukraine to the empire is presented from the standpoint of modernity. The historical significance of the Constitution of Pylyp Orlyk of 1710 is highlighted, the provisions of this document regarding general approaches to building the Ukrainian state are analyzed. A historical and legal assessment of the activities of the Cossack elders’ collaborators, who by their actions contributed to the decline of national activity in the areas of strengthening Ukrainian statehood, is presented.
 Some aspects of the participation of the Ukrainian intelligentsia and youth organizations in measures to counter the inculcation of Russian traditions and orders in all spheres of life of the Ukrainian people have been studied. Approaches to understanding the essence and direction of processes related to the organization of disobedience to the total Russification of the Ukrainian population are summarized on the basis of the elaborated scientific work of Ukrainian scientists and politicians of various historical periods.
 The historical significance of Turkey’s influence on the formation of Ukrainian statehood is analyzed (it concerns the events of 1669 and 1711, when with the help of Turkey, Russia and Poland were forced to recognize the independence of the Ukrainian state).
 The author’s comment on the cited quotations of scientists is presented, judgments are expressed regarding the effectiveness of participation in the processes of liberating Ukraine from the expansionist actions of the Russian Tsar in a sufficiently long historical period.

Тенденции развития федерального законодательства в сфере территориального планирования и градостроительного зонирования

The legal regulation of urban development in Russia continues to develop actively, introducing new legal mechanisms and improving existing ones, which requires scientific analysis and evaluation. This scientific study examines current trends in the development of federal legislation in terms of territorial planning and urban zoning, and provides a legal assessment of the changes taking place. Special attention is paid to the delimitation of powers and the role of federal executive authorities in regulating territorial planning and urban zoning.

Problems of distinguishing criminal offenses trespassing pharmaceutical activity from related criminal offenses

The article considers the problems of distinguishing criminal offenses trespassing pharmaceutical activity from related criminal offenses. The author claims that the separation of criminal offenses trespassing pharmaceutical activity from related criminal offenses is due to the need to provide an accurate, justified and complete criminal legal assessment of the committed encroachment.
 Finding out the features of the mechanism of distinguishing criminal offenses trespassing pharmaceutical activity from related criminal offenses, the author suggests taking into account the following main points: 1) characteristics of the victims (Articles 137, 140, 141, 142 of the Criminal Code); 2) signs of objects (Articles 141, 321-2 of the Criminal Code); 3) signs of actions and their consequences (Articles 131, 134, 137, 140 of the Criminal Code); 4) signs of actions, ways of committing them and their consequences (Part 2 of Article 308, Part 2 of Article 312, Part 2 of Article 313, Part 2 of Article 321-1 of the Criminal Code).
 Carrying out a systematic analysis of the provisions of the Criminal Code of Ukraine, the author cites specific situations with his own vision of how certain criminal offenses trespassing pharmaceutical activity should be distinguished from related criminal offenses. In particular, how should the elements of the criminal offense provided for in Art. 137 of the Criminal Code, where the victims are minors (children), in relation to whom subjects of medical and pharmaceutical services are obliged to take measures to ensure the protection of their life and health with a qualified staff of improper performance of professional duties by a medical or pharmaceutical worker, where a minor the person is also a victim. The article focuses attention on the contiguity of types of professional negligence in the field of medical and pharmaceutical activity (Articles 131, 137, 140 of the Criminal Code) and official negligence (Article 367 of the Criminal Code).
 The author comes to the conclusion that the concept of falsified medicinal products (Article 321-1 of the Criminal Code) can be associated with the forgery of documents (Articles 358, 366 of the Criminal Code) and the use of knowingly forged documents (Part 4 of Article 358 of the Criminal Code).

THE RIGHT TO LEGITIMATE DEFENSE BETWEEN INTERNATIONAL LAW AND PRACTICE IN THE PALESTINIAN AND ISRAELI CONFLICT

Following the flood Al-Aqsa on October 7, 2023, the Israeli- Palestinian conflict witnessed an unprecedented escalation in terms of Israel’s excessive use of force and the civilian casualties in Palestinian side. Furthermore, the majority of western countries aligned themselves with Israel under the pretext of its right to self defense. Israel and its allies have often resorted to this justification to justify repeated Israeli attacks on the Palestinian people. The Importance of researching this topic lies in the fact that legitimate self-defence is a right recognized by both international law and international humanitarian law. And it is a common denominator between the conflicting parties. Just as Israel invokes this right in its military operation, the Palestinian side also asserts right to self-defense using all available means. The objectives of the study can be summarized as follows: to research and explain the provisions related to legitimate self-defense in the united nations charter and its resolutions, as well as in the texts of Geneva Convention, particularly in the first additional protocol. This is done to understand the legal conditions and regulations associated with use of force in any conflict, which, when met, can exempt the practitioner from international responsibility. However, in the Israeli-Palestinian conflict, given the defences in the legal positions of the two parties and in light of the conditions of legitimate self-defense the problem in this issue revolves around determining which party’s use force towards the other is considered a justified use falling within the realm of legitimate self defense? and what is the legal assessment of the other party using force outside the scope of legitimate self-defence?. To address this issue, this topic has been divided according to the following methodology : Firstly: the international legal system of to legitimate defense. 1- the legal basis for the right to legitimate defense. 2- conditions for the legitimacy of the right legitimate defence Secondly: legal evaluation of the use of in the Palestinian, Israel conflict under the pretext of legitimate defence. 1- the legal basis for Palestinian party’s right to legitimate defense. 2- the legal nature of Israel’s use of force against the Palestinian people

Application of artificial intelligence in motivating court decisions in criminal proceedings: international experience and prospects for Ukraine

The article is devoted to the study of the opportunities and challenges of using artificial intelligence in criminal proceedings, namely, in the course of reasoning court decisions. The use of specialized knowledge by a judge is an important aspect in this process, especially in the context of analyzin gevidence and its legal assessment. The use of artificial intelligence in this area can be an important innovation to improve the quality of court decisions and ensure greater objectivity in justice. Artificial intelligence technologies are developing rapidly, and their potential application in criminal proceedings has become a subject of deep interest among both the scientific community and legal professionals. Based on the analysis of artificial intelligence systems, which are already used in judicial proceedings (the HART system in the United Kingdom, the Bail Assistant program in Australia, the Supreme Court Portal for Promoting Court Efficiency (SUPACE) in India, artificial intelligence systems in Brazil, Saudi Arabia, and the United Arab Emirates), the author has established that the use of artificial intelligence provides a number of useful tools and advantages in evaluating evidence and reasoning a court decision. Thus, it has been determined that the analysis of large amounts of data can help identify patterns and trends in law enforcement, and certain software can influence the prediction of risks and the identification of effective strategies for responding to them. In addition, the author identifies a number of serious challenges and risks, associated with the use of artificial intelligence technologies in criminal proceedings: protection of personal data, transparency and clarity of artificial intelligence algorithms, etc. According to the study, it is established that the use of artificial intelligence in the process of reasoning court decisions is possible subject to the development and implementation of effective legal mechanisms, which will allow coordinating and regulating this process. Also, the implementation of relevant changes to the criminal justice system of Ukraine should be carried out with a balanced and scientifically sound approach that allows weighing the potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies

Legal Assessment of the Condition of Recourse to Domestic Judicial Authorities in the Judicial Procedures of the European Court of Human Rights with a view to the Case of Salahuddin Anju and others v. Turkey

The authoress outlines new welfare models and community enterprises, in the context of the Third Economy, with the aim of defining guidelines and interventions for the promotion of social enterprise and the strengthening of the social and solidarity economy. The Third Economy understands enterprise as an integral part of society and aims to create a new economic model that combines profit and sustainable development in line with the goals set by Agenda 2030. The goal is to define new development paradigms that put people at the centre, heeding the next generation. Sustainability is the file rouge of this study offering a rich review of the literature on the concept of the commons, while illustrating practices that have already been initiated. The essay also discusses the draft law on Community Social Enterprises as a welfare model, and concludes with de iure condendo perspectives. Keywords: Welfare; Commons; Third economy; Worker partcipation; Social responsibility.

Digital Ruble: The Problems of Determining the Legal Regime

Introduction: the presented paper deals with the issues of legal assessment of the digital ruble as an object of civil rights. In Article 128 of the Civil Code of the Russian Federation, this means of payment is defined as a type of non-cash funds, which raises a number of doubts, given both its legal regulation and the objectification of the digital ruble in the virtual space. This currency is a unique digital code stored on a platform administered by the Bank of Russia, while non-cash money is an abstract concept that exists solely by virtue of the legal norms. According to the author of the paper, these significant differences require reflection in the legislation, the changes in existing legal norms, and the revision of the legal regime of the digital ruble. Thus, the purpose of the paper is to develop systematic approaches to the regulation of the digital ruble in the Russian legislation. Methods: the methodological framework for the study consists of the dialectical, analytical and comparative law methods. Results: the author’s position reflected in the paper is based on the scientific doctrine and the provisions of the legislation on the legal regime of means of payment in the Russian Federation. Based on the legal analysis of the norms of the current legislation, some proposals have been formulated to improve the statutory regulation of the digital ruble, as well as non-cash funds. Conclusions: based on the results of the study, it is proposed to state Article 128 of the Civil Code of the Russian Federation in the following wording: “The objects of civil rights are things (including cash money and documentary securities), other property, among them the digital ruble and property rights (including non-cash funds, non-documentary securities, digital rights); the results of work and provision of services; the protected results of intellectual activity and means of individualization equated to them (intellectual property); intangible benefits.” In addition, when regulating non-cash funds, it is proposed to take into account their characteristics such as abstraction and the possibility of issuing by private organizations.