Legal Regulation Of Public Relations Research Articles

Personal Data in Artificial Intelligence Systems: Natural Language Processing Technology

Objective: to conceptualize, from the viewpoint of personal data protection legislation, the development of natural language processing technology, identifying possible legal barriers to such development and directions for further research of the issue.Methods: the research is based on general scientific methods of cognition, along with which formal-legal and comparative-legal methods were applied, as well as the method of theoretical modeling.Results: it was found that the observance of personal data regime natural language processing in the development of natural language processing technology leads technology, to a conflict between private-legal and public-legal interests, which, personal data in turn, creates obstacles for further development of this technology. The shortcomings of the existing legal order are shown, namely, the insufficient correspondence to the technical features of technology development. This may lead to the risks of excessive regulation, or, on the contrary, to the risks of neglecting critical areas that require protection. Problems in qualifying the data involved in the technology development are outlined. An attempt is made to define the limits of ensuring the lawfulness of personal data processing within the natural language processing technology. The material, temporal and territorial effect of the legal regulation in this field is identified as the limits of ensuring the legality. The author touches upon the possibility of using personal data as a consideration, which is important for the development of natural language processing technology and for the improvement of the information and communication technology industry.Scientific novelty: the paper supplements the scientific discussion on the legal regulation of personal data processing by artificial intelligence systems with an analysis of natural language processing technology. The latter is insufficiently studied, making it relevant to research information law, namely, the legal relations arising around artificial intelligence systems, and to assess the impact of a personal data regime on the development of natural language processing technology.Practical relevance: the applied aspects of the problems researched and the results obtained can be used to improve the legal regulation of public relations in the field of creation and development of artificial intelligence, as well as to identify and assess the legal risks arising in the personal data processing by developers of digital products based on natural language processing technology.

Genesis of legal regulation of the web and the model of the Metaverse electronic jurisdiction

The study examines the transformation of scientific views and approaches to the problem of expediency and necessity of legal regulation of public relations, emerging from the evolution of the world system of public electronic resources in the transmission of information and Internet data from Web 1.0, Web 2.0 to Web 3.0. The stages of formation of the role and place of electronic jurisdiction in public relations are also investigated. Legal regulation of modern relations in virtual and augmented reality environments with the use of Web 3.0 technologies is not available today. At the same time, there are precedents for the application of certain provisions of analogue law to address legal uncertainties in the virtual environment, such as establishing ownership of virtual non-property assets, buying/selling of virtual non-property assets, liability for misappropriation of virtual non-property assets, etc. Obviously, the problem of legal regulation by the rules of analogue law in the virtual environment cannot be fully addressed. The solution to this problem is possible by creating a comprehensive e-jurisdiction and developing the Metaverse Grand Charter of Laws to regulate public relations in the meta-universe and to establish new branch of e-law. Given the urgency of the problem, the model of e-jurisdiction Grand Charter of Laws Metaverse is proposed. The model of complex electronic jurisdiction of Metaverse will allow to create basic conceptual apparatus, doctrinal and regulatory and legal concepts, to define objects and subjects of legal relations in Metaverse, to establish the basic forms of legal relations and mutual relations in Metaverse. This, in turn, will be the basis for reforming analogue legislation, partial interoperability in the digital environment and the development of new regulations in various areas of law and will stimulate the establishment of new e-jurisdiction. The study proposes the construction and basic elements of electronic jurisdiction, mechanisms for the separation of electronic offences and interaction with analogue jurisdictions. E-jurisdiction of the Metaverse Grand Charter of Laws will provide legal regulation of public relations both directly in Metaverse and in public relations related to the analogue and electronic world.

Problems and Prospects of Legal Regulation of Public Relations connected with the Use of Neural Networks

The level of digitalization has increased significantly in the current century, the speed of the Internet has increased by many times, and it is now possible to access it from different parts of the world. Today, artificial intelligence occupies a special place in the digital technology market, which is already an indispensable tool in many sectors of the economy of developed countries. The purpose of the study is to identify the main urgent problems of using neural networks, as well as to form proposals for their legal regulation. The study uses the formal logical method, the comparative legal method, analysis and synthesis, methods of induction, deduction, and abstraction. It has been established that artificial intelligence cannot yet distinguish a joke from a real command or user request, respectively, further development of these technologies is impossible without the implementation of an analog function of cognitive thinking. It is concluded that self-regulation can be the best way to regulate the use of neural networks, since the legal system of continental law, to which the Russian Federation belongs, is quite rigid and often may not have time to regulate the rapidly developing field of artificial intelligence. Self-regulation is able to provide an opportunity to convey proposals on the legalization of effective rules for organizing the activities of IT market participants, to create an effective mechanism for guaranteeing the quality and safety of artificial intelligence based on the joint property liability of members of self-regulating organizations. At the same time, it requires the adoption of legal norms on liability for the illegal use of neural networks, as was done in the United States and China. In the near future, deepfakes created on the basis of neural network technologies may become a threat to national security and cause harm to thousands of citizens.

Особенности финансово-правового регулирования общественных отношений в области цифровых финансовых активов

The article delves into the identification of financial and legal aspects in the normative regulation of relations in the field of digital financial assets. The study draws attention to the complex nature and reasons for the legal regulation of the above-mentioned relations, the different understanding of digital financial assets in the scien-tific literature, world practice and legislation. The work reveals the public-law nature of a number of responsibili-ties and functions of operators of the information system, within the framework of which the issuance of digital financial assets is carried out, operators of digital financial assets exchange, as well as the Bank of Russia. By analyzing the content of regulatory requirements for the formation of financial resources and assets of the above operators as subjects of the financial market, as well as the relevant regulatory and supervisory powers of the Bank of Russia, it is possible to clarify the range of social relations in the field of digital financial assets that need financial and legal regulation, taking into account their features with the classical characteristics of financial legal relations.

Relations Developing in Arbitration Proceedings and the Subject of Civil Procedure Law

The paper examines the question of whether relations developing in arbitration proceedings are included in the subject of civil procedure law. The author describes the positions of researchers and the arguments justifying them. In the paper, the author derives a criterion for the unification of public relations under the subject of civil procedure law. As such a criterion the paper defines an objective social need or interest in the legal regulation of certain public relations in a unified system of procedural safeguards (in a civil procedural form), taking into account the nature of these relations and ensuring to the maximum extent the real protection of the rights and legally protected interests of persons. It is concluded that the legal regulation of public relations developing with the arbitral tribunal is designed to satisfy the need for a qualitatively different procedure for resolving civil cases as compared with the system of justice. These relations objectively are non-procedural in their nature and are not included in the subject matter of law of civil procedure. In confirmation, the fact is given that in arbitration proceedings there is a rejection regarding procedural guarantees that are fundamental for civil procedure law.

ՀԱՆՑԱՎՈՐՈՒԹՅՈՒՆԸ ՊԱՅՄԱՆԱՎՈՐՈՂ ԻՐԱՎԱԿԱՆ ԲՆՈՒՅԹԻ ԳՈՐԾՈՆՆԵՐԸ ԵՎ ԴՐԱՆՑ ԿԱՆԽԱՐԳԵԼՄԱՆ ԱՐԴԻ ՄԻՋՈՑՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ

Crime is caused by social, economic, political and other factors. Among these factors, the legal determinants of crime are highlighted – the irrelevance of legislation, gaps and defects in regulation, regulation, which contain criminogenic and victimogenic risks in legal acts, etc. These factors are due to social maladaptation, haphazardness and inconsistency of methods and forms of legal regulation, uncertainty of the object-subject and subject composition of legal relations, conditions and grounds for their occurrence, modification and termination, uncertainty and imbalance of interests of subjects of legal relations, their rights and obligations, as well as the order of their implementation and execution, lack of social, economic and organizational and legal mechanisms for ensuring the implementation of a legal act, as well as the lack of control over the implementation of its provisions, etc. In order to prevent legal factors that cause crime, it is necessary to update legislation, ensure proper legal regulation of public relations, eliminate legislative gaps, and conduct a criminological expertise of draft normative legal acts. It should be noted that in the Republic of Armenia, the legal basis for the criminological expertise of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this expertise, as a result of which no such expertise has been conducted. Therefore, it is necessary to ensure appropriate regulations, including the adoption of the Law “On criminological expertise of draft normative legal acts”. It should be noted that in the Republic of Armenia the legal basis for criminological examination of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this examination, as a result of which not a single such examination has been carried out. Therefore, it is necessary to provide appropriate regulations, including the adoption of the Law “On criminological examination of draft normative legal acts.”

CONSTITUTIONAL AND LEGAL CONSOLIDATION OF NATIONAL OBJECTIVES AND PRIORITIES IN THE SOCIAL POLICY OF THE RUSSIAN FEDERATION

The purpose of the study is to identify the interdependency between the constitutional reform and changes in social institutions and to propose directions for the development of new constitutional provisions in the legislation of the Russian Federation. Materials and methods. The methodological instrumentarium is chosen taking into account the specific goals of the work. The dialectical-materialistic method of cognition made it possible to study the subject in development, in interrelation of all its individual manifestations and in interaction with related phenomena, to substantiate the advantages and disadvantages of various approaches to solving this issue. The methods of formal logic: description, comparison, analysis and synthesis made it possible to reveal and characterize in detail the legal, moral, ethical and other aspects of constitutional and legal transformations. The use of specific scientific methods of cognition: comparative legal, formal legal, statistical, structural and functional – made it possible to explore the problem under consideration in interrelations and interdependence, to identify certain trends, to make generalizations and conclusions. Study results. The relevance of the research topic is determined by the need to legally consolidate traditional Russian values and worldview guidelines, to preserve and pass the Russian civilizational code for future generations in conditions of a changing world order and defending the idea of a multipolar world. The Constitution of the Russian Federation, as amended in 2020, became the result of transformations in social institutions and the program for the development of the Russian society and the state for the future. The constitutional doctrine is evaluated in retrospect, the prerequisites for the 2020 constitutional reform are assessed, and its first results are analyzed. New constitutional and legal norms and their development in the legislation of the Russian Federation are analyzed, comparative legal characteristics of individual constitutional and legal novelties are given, and their importance in the system of constitutional and legal regulation of public relations is substantiated. Conclusions. The author comes to the conclusion about the public demand for the constitutional consolidation of institutional changes that have taken place and consolidated in the Russian society in the last three decades of constitutional development.

Понятие и содержание частноправового режима

Introduction. As an element of legal regulation, private legal regime is a legal category, the concept of which is regarded ambiguously in doctrine and depends on the general understanding of the category «legal regime». Socio-economic, political changes in society are accompanied by changes in the nature of social relations, requiring proper legal regulation in the area of private interest protection.
 Methods. On the basis of the analysis of definitions of legal regime formulated in the theory of law, a generalised approach to the understanding of private legal regime was developed. The application of formal legal method made it possible to reveal the concept and specific features of the private legal regime. The system-structural method was used to determine the significance of legal means (ways, methods, principles, types of legal regulation) in the structure of private legal regime. The application of modelling enabled to reveal the effectiveness of private legal regulation of public relations.
 Results. The concept and essential features of private legal regime are identified; the model of private legal regime as a variable combination of a complex of legal means determining the orientation of private legal regulation of property and personal non-property relations based on equality, autonomy of will and material independence of their participants is defined.

The Political Impact of Digitalization on the Judicial Method of Protection of Rights in the EAEU Countries

The article is devoted to the study of the process of digital transformation of the judicial method of protecting rights and legitimate interests in the EAEU countries. The judicial form of protection of rights has undergone fundamental changes as one of the main forms of protection of the rights and legitimate interests of citizens and business entities through the creation of digital platforms, electronic courts and the integration of information and telecommunication technologies into the process of consideration and resolution of disputes. For effective legal regulation of public relations arising under the influence of digital technologies in the course of judicial proceedings, it is necessary to theoretically develop the concept of a new type – “electronic” civil proceedings and improve the current legislation. In world practice, there are already a number of countries and integration associations that have successfully integrated digital and electronic legal proceedings, so some EAEU countries have taken the path of borrowing their positive experience.

Legal Regulation of Environmental Protection: Interrelations between Financial and Environmental Law

The paper compares financial and environmental law principles of regulating activities related to environmental protection. The author analyzes the concept of environmental protection and focuses on the complex nature of the legal regulation of public relations that develop in the process of environmental protection. The author points out that historically, the rules regulating environmental relations appeared in order to protect property, in particular financial interests. It is emphasized that natural resources are the main source of income for our state and environmental protection measures are implemented for the common good. Activities related to environmental protection can be effective only in conditions of proper financing. Based on the conducted research, it was concluded that the specifics of the subject and method of legal regulation led to the attribution of financial and environmental law to the number of public branches of Russian law, which means that financial and environmental law regulation is primarily aimed at implementation of public interest. These industries are similar in terms of the method of legal regulation: environmental law, as well as financial law, mainly regulates public relations through the imperative method — the method of power and subordination. Despite the fact that the compared branches of Russian law regulate separate, different areas of public relations, their subjects may overlap. This is due to the fact that financial activities and activities in the field of environmental protection are not opposed, are not mutually exclusive. This is largely facilitated by the fact that financial law is a universal branch of Russian law, and financing is the most effective tool for influencing public relations.

Doctrinal interpretation of the limits of constitutional and legal regulation of public relations in social regulations

The purpose is a doctrinal interpretation of the concept of constitutional regulation, its content, and issues of its limits. The study covers the relationship between constitutional regulation and the broader concept of legal regulation. Conclusions are drawn regarding the uselessness of doctrinal and legislative establishment of the limits of constitutional regulation when it comes to the boundaries of the field of con- stitutional law. The conclusions and proposals obtained are of some importance for the development of a scientifically based doctrine of constitutional, legislative, and subordinate regulation, which in turn will affect the improvement of legal technology of legislation and the effectiveness of the mechanism of legal regulation of public relations.

Procedural Law Regulation: The Problem of Efficiency

The paper provides for some meanings of such an important scientific direction as the improvement of procedural and legal regulation. The authors describe this regulation as a specific way of legal regulation of public relations in general. The essence of procedural and legal regulation involves the activity of authorized entities who, with the help of procedural and legal means, provide regulation and protection in the process of ordering public relations. In the most general form, efficiency is understood as the balance between the actual result obtained and the planned goal, the achievement of which is conditioned by the solution of the corresponding tasks. In turn, the procedural and legal regulation is mediated by the relevant criteria and conditions enumerated in the paper. The authors name the improvement of procedural legislation among such conditions, since now procedural legislation has collisions, gaps, imbalances, etc. Perfect legislation means effective and high-quality legislation, which requires appropriate monitoring, unification of the tasks of judicial proceedings, intersectoral convergence, etc. The paper highlights the importance of procedural principles. The authors propose to consolidate in legislation such of them as justice, equality of everyone before the law and the court, as well as the principle of establishing objective truth. The authors propose to develop and adopt at the level of the federal constitutional law the Fundamentals of Procedural Legislation and Legislation on Judicial Proceedings in the Russian Federation and describe their structural construction.

REGULATORY REGULATION OF THE HEALTHCARE SYSTEM AT THE LEGISLATIVE LEVELS IN AN EMERGENCY

The article examines the problems of organizing the health care system in the Republic of Kazakhstan in the context of a pandemic of coronavirus infection and other infectious diseases. Based on general and special scientific methods, the discourse of the legal regulation of the health care system in a pandemic is presented. The coronavirus factor has exacerbated the need to legitimize the transformation of the legal regulation of public relations in a pandemic, since the current regulatory framework has demonstrated the imperfection of the legal mechanisms responsible for ensuring the regulation of health systems. The effective use of legal mechanisms depends on the level of democracy of the legislative framework based on international legal and constitutional principles. The main scientific hypotheses of the study justify the problems of the health care system that require regulatory solutions at the managerial and legislative levels in emergency situations. The legislation of the Republic of Kazakhstan on the state of emergency, on the sanitary and epidemiological well-being of the population was analyzed. It was revealed that there is no direct connection between the norms of legislation on the sanitary and epidemiological well-being of the population and the norms of legislation on the state of emergency in terms of direct indication of the possibility of applying measures and implementing the requirements of a sanitary and epidemiological nature in emergency situations. It was concluded that the decisive role of law as a universal regulator of public relations during the spread of coronavirus infection is justified; the need to use the resources of law in the prevention of pandemics in the future is justified. The national health care system of Kazakhstan, as well as the system of public administration as a whole, has demonstrated the inability to ensure a timely response to challenges and threats by creating subordinate legislation in pursuance of legislative acts has led to negative results. This circumstance is the basis for taking measures to create an effective set of measures for the legal regulation of public relations in an emergency.

Problems of legal regulation of public events at the present stage

The subject of the study is the legal regulation of public relations arising in the process of realization by citizens of the Russian Federation of the constitutional right to participate in public events. Over the past decade, the legislation regulating the exercise by citizens of the Russian Federation of the constitutional right guaranteed by Article 31 of the Constitution of the Russian Federation has undergone significant changes. The development of socio-political processes inevitably leads to the emergence of new forms of public events, the need for legal regulation of which is still subject to comprehension in legal science. The conducted research of certain issues of legal regulation and practice of holding public events allows us to identify possible prospects for the development of legislation on public events, as well as to make suggestions for improving its current provisions. Research methods: the study was conducted using classical general scientific and special legal methods of cognition (historical, logical, including systemic, formal-legal, hermeneutic, etc.) in combination with an interdisciplinary approach (assessment of legal phenomena through the prism of social and political factors). Of particular importance for the purposes of this study is the method of comparative jurisprudence, which allowed us to establish trends in the development of legal regulation of the procedure for holding public events in foreign countries. The novelty lies in the proposals formulated by the authors of the article to improve the provisions of Federal Law No. 54-FZ of June 19, 2004 "On Meetings, rallies, demonstrations, processions and picketing".

К вопросу о путях обеспечения качества юридического образования России в 21 веке

The subject of research in this article are the features and patterns of ensuring the quality of education in national research universities, as well as the role of legal regulation in ensuring the formation of an education quality management system in national research universities. The purpose of the study is to consider the patterns of education quality assurance at national research universities, as well as the role of legal regulation in ensuring the formation of an education quality management system at national research universities. Among the research methods that were used in this study include: functional analysis, factor analysis, system analysis. At the same time, system analysis was used to analyze the quality management system at national research universities, functional analysis was used to analyze the functioning of education quality management systems at national research universities. Factor analysis was used to analyze the factors influencing the functioning of the education quality management system in national research universities.
 In the course of the study, it was found that some national research universities, when switching to their own standards in the field of higher education, did not bother about the need to implement an effective quality management system for education, but perceived the right to teach students according to their own standards, as an opportunity to do what we want in the field of higher education, which naturally does not contribute to improving the quality of education and may violate the rights of students. To prevent this kind of thing, it is proposed to develop a concept of legal education in Russia, including effective mechanisms for checking the quality of legal education, which is organized by professional associations in a particular area of professional activity, as well as ways to improve the legal regulation of public relations in the field of quality of legal education.

Legal Problems of Eviction of Citizens from Residential Premises under a Social Employment Contract

The author considers the problems of legal regulation of public relations in the field of eviction of citizens under a social contract of employment and the discrepancy between law enforcement and judicial practices justifies the need for improving legislation in general. The purpose of the study is to identify legal problems in the modern legal system that regulates the eviction of citizens from residential premises under a social contract of employment. This goal predetermined the following tasks: it is necessary to consider the legal nature of the eviction of citizens from residential premises under a social contract of employment in modern housing law; to analyze the current legislation of the Russian Federation in the field of eviction of citizens from residential premises under a social contract of employment, including the grounds and procedure for such eviction; study the jurisprudence on the topic under consideration. Methods. The methodological basis of the research is the methods of cognition of legal phenomena and processes. Depending on the tasks to be solved, in this study, such methods of cognition of the subject as formal legal, comparative legal, and system analysis have been used. Conclusions. As a result of the study, the author identified problems in terms of providing another comfortable living quarters within the boundaries of the settlement where the living quarters were previously located, this problem is evidenced by the existing and ambiguous practice of the courts; problematic is the issue of the equivalence of residential premises provided under a social tenancy agreement: questions remain open about the number of rooms in the new residential premises, the equivalence of the total area of the previously occupied residential premises, the increase in the area of the new comfortable residential premises compared to the previous one. The author sees it logical to introduce a number of changes to the existing norm contained in Article 89 of the Housing Code of the Russian Federation (hereinafter referred to as the HC RF), which would lead to a correct interpretation of the norms of housing legislation by the courts.

Future of the Artificial Intelligence: Object of Law or Legal Personality?

Objective: to reveal the problems associated with legal regulation of public relations, in which artificial intelligence systems are used, and to rationally comprehend the possibility of endowing such systems with a legal subject status, which is being discussed by legal scientists.Methods: the methodological basis of the research are the general scientific methods of analysis and synthesis, analogy, abstraction and classification. Among the legal methods primarily applied in the work are formal-legal, comparative-legal and systemic-structural methods, as well as the methods of law interpretation and legal modeling.Results: the authors present a review of the state of artificial intelligence development and its introduction into practice by the time of the research. Legal framework in this sphere is considered; the key current concepts of endowing artificial intelligence with a legal personality (individual, collective and gradient legal personality of artificial intelligence) are reviewed. Each approach is assessed; conclusions are made as to the most preferable amendments in the current legislation, which ceases to correspond to the reality. The growing inconsistency is due to the accelerated development of artificial intelligence and its spreading in various sectors of economy, social sphere, and in the nearest future – in public management. All this testifies to the increased risk of a break between legal matter and the changing social reality.Scientific novelty: scientific approaches are classified which endow artificial intelligence with a legal personality. Within each approach, the key moments are identified, the use of which will allow in the future creating legal constructs based on combinations, avoiding extremes and observing the balance between the interests of all parties. The optimal variant to define the legal status of artificial intelligence might be to include intellectual systems into a list of civil rights objects, but differentiating the legal regulation of artificial intelligence as an object of law and an “electronic agent” as a quasi subject of law. The demarcation line should be drawn depending on the functional differences between intellectual systems, while not only a robot but also a virtual intellectual system can be considered an “electronic agent”.Practical significance: the research materials can be used when preparing proposals for making amendments and additions to the current legislation, as well as when elaborating academic course and writing tutorials on the topics related to regulation of using artificial intelligence.

PUBLIC ADMINISTRATION AS THE FIELD OF SCIENTIFIC ACTIVITY: SOCIAL AND LEGAL ASPECTS

The national model of administrative and legal regulation of public relations occupies the stage of reform in accordance with generally accepted international standards and represents the field of scientific activity. The state represented by authorized entities should implement policy and specific measures aimed at creating favourable conditions for scientific activity, including proper material support of scientists and transparent financing procedures.The aim of the study was to explore the state of legal and institutional regulation of public relations in the field of scientific activity by determining the tendency of transformation the concept of “state governance” in “public administration”; to highlight the scientific activity as an object of public administration; to substantiate the influence of socio-economic factors on public administration in the field of scientific activity in Ukraine and to articulate specific recommendations for reforming the management mechanism applied in the field of scientific activity.
 Material and methods. Systematic analysis method, dialectical method, formal-logical method, structural-functional method and empirical methods were used in the study.Results. The study showed, there is no legal determination of the concept “field of science” in Ukraine. This concept means the scientific activity. Nowadays, the Ministry of Education and Science of Ukraine works both in the field of science and in the field of scientific activity, but they are not essentially different from 1991-2010 years, when the field of science was not singled out as an object of regulation of this authorized entity of public administration. Tendency to increase the role of public administration in the field of scientific activity occured due to a combination of public factors, including the low wage level of scientific and pedagogical employees. At the same time, the practical implementation of managerial influence on the field of scientific activity partially corresponds to the concept “state governance and regulation” due to the lack of proper legal status of scientific activity entities and the discrepancy between the implemented reforms in the field of science and the national archetypes of scientific activity.The findings may be useful for practitioners and theorists, whose activity with regard to public administration and scientific field is updated by the actualization of democratization tendency in governance.The subject of the study has been investigated for the first time in Ukraine and needs further investigation.

Legal Regulation of the Mechanism of Implementation of Public Social Expenditures in the Russian Federation

The paper is devoted to examination of the legal regulation of the mechanism of implementation of public social expenditures in the Russian Federation. It is determined that the mechanism under consideration constitutes a system that includes a number of elements that are grouped into certain subsystems, including the regulatory subsystem, the principles of legal regulation of public relations that develop in the process of spending in the social sphere, the material basis of spending in the social sphere, the legal basis of social spending that include budget allocations, expenditure and budgetary obligations of public legal education, types of social expenditures, an institutional subsystem that includes subjects of legal relations arising in the process of implementing social expenditures. The paper draws special attention to the issues of codification of social legislation. As noted in the paper, this legislation is very mobile — new acts can be adopted to support certain segments of the population that were not previously covered by social protection measures; existing regulatory legal acts can be canceled when necessary, they may be amended due to the revision of criteria for the provision of social support measures, etc. In this regard, it is substantiated that, despite the fragmented nature, social welfare legislation, due to the peculiarities of regulated public relations, currently does not need codification at the federal level.

Fundamentals of Legal Regulation of Public Relations related to the Results of Investigative Activities

The paper discusses the conceptual foundations of the legal regulation of relations related to the results of operational investigative activities. Taking into account the life cycle of the results of investigative activities, the following information processes (groups of public relations) are identified, the quality of legal regulation of which determines the possibility of their use and, accordingly, the achievement of the purpose of investigative activities and the purpose of criminal proceedings: the formation of the results of the investigative activities, the storage and destruction of the results of the investigative activities, the presentation of the results of the investigative activities, the use of the results of the investigative activities. The formation of the results of the investigative activities determines the existence of all subsequent social relations associated with them. At this stage, two groups of relatively isolated public relations have been identified: determining the existence of grounds and compliance with the conditions for conducting investigative activities; directly conducting an investigative activities and processing the results obtained. The quality of the legal regulation of these relations determines the possibility of stable formation of the results of the investigative activities and certainty in their assessment by the recipient. The presentation of the results of the investigative activities includes a set of public relations arising in connection with their transfer to the information environment external to the investigative activities. The legal regulation of these relations should ensure the protection of information about the investigative activities, thereby guaranteeing the sustainability of this activity as a whole. The use of investigative activities results includes public relations related to the introduction of investigative activities results and their adaptation to the requirements of legislation defining the recipient’s activities. The regulation of the processes of using the results of the investigative activities may provide additional requirements for them, but these must have objective grounds and can be transformed due to the improvement of the quality of the formation of the results of the investigative activities. It is proved that due to the heterogeneity of public relations related to the results of the investigative activities, there are no prerequisites for the formation of a single legal institution of the results of the investigative activities. Based on the analysis of theoretical ideas about the system of operational investigative law, the existence of separate legal institutions containing norms regulating these social relations is substantiated.