Legislative Definition Research Articles

Возбуждение производства по земельному спору в арбитражном суде

Consideration of a case at first instance begins with the stage of initiation of a case. Actions made at this stage are united by the purpose of initiation of process. The basic purpose of the lead research is definition of prerequisites of the right of institution of legal proceedings on land disputes in arbitration court. For achievement of the specified purpose, criteria of attribution of land disputes to the competence of arbitration court, a role of a subject and the basis of the claim in determination of identity of claims on land disputes and their influence on separate institutes of arbitration legal proceedings are determined. Conducted research is based on civil procedure scientists' views, the analysis of the current arbitration procedural legislation, legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court expressed before its liquidation and practice of arbitration courts of the Russian Federation. The main category of land disputes arises from civil legal relations, which are considered in action proceedings. The initiation of a case is connected with certain prerequisites, which are explored in the article. Determination of the competence of the arbitration court of the land dispute is connected with economic nature of the dispute and its subject composition. In the article the economic nature of the land dispute is connected with the purpose for which the land plot is used. As an additional criterion to determine the competence of the arbitration court, the type of the permitted use of the land dispute should be used. The article criticizes the provision of part 2 clause 64 of the Land Code of the RF on the pre-trial nature of the arbitration proceedings in the land disputes. The change in the legislative definition of the land plot made it possible to speak about exclusive jurisdiction of land disputes considered by way of action proceedings. The article defines the notion of the subject matter and cause of action in a land dispute. Their value for definition of external and internal identity of claims, limits of consideration of land disputes, formulation of a resolutive part of the judicial decision is revealed. The article suggests the procedure for determining the price of a claim for land claims of a property nature

The principle of reasonability when considering civil cases: certain shortcomings of the legislative definition

The principle of reasonability when considering civil cases: certain shortcomings of the legislative definition

On the shortcomings of the definition of the concept of “land” in Federal Law No. 430-FZ

The article analyzes the concepts of “land plot” in the previous and new editions of the Civil Code of the Russian Federation, in the Land Code of the Russian Federation and in the draft law on the new edition of the section of the Civil Code of the Russian Federation devoted to property law. The shortcomings of the existing legislative definitions are noted and the need to introduce into the concept of “land plot” an indication of its state cadastral registration, which turns this object into an individually defined thing – an object of civil circulation, is justified.

УДОСКОНАЛЕННЯ ЗАКОНОДАВСТВА УКРАЇНИ ЩОДО ЗАХИСТУ АЕС ЯК ОБ'ЄКТІВ КРИТИЧНОЇ ІНФРАСТРУКТУРИ У ВІЙСЬКОВИЙ ЧАС

Peculiarities of the legal regime of protection of nuclear power plants as objects of critical infrastructure in emergency situations, state of emergency and while martial law are studied. The actual transformation of nuclear power plants captured by the Russian Federation into a military base contradicts the ideological issue and worldview of security and thus can be defined as nuclear terrorism. Any nuclear installations are not designed for operation in combat conditions, and their damage can lead to serious consequences connected with radiation contamination of the surrounding territories not only at the level of countries, but also at the level of continents. It is stipulated that until now the concept of nuclear terrorism was defined as the illegal handling, manufacture, acquisition, storage and use of nuclear or other radioactive materials by persons who do not have legal rights to the specified actions, with the intention of causing harm to human life and health, property or environment. However, for the first time in world practice, the subject of the crime of seizing, disabling and destroying nuclear facilities is the state. And as it turns out, the international community still lacks effective mechanisms to prevent such actions and punish such entities. Until recently, the IAEA and other international organizations were actually limited to "deep concern" and only the real threat of a nuclear disaster at the Zaporizhzhia NPP forced them to become somewhat more active, but drastic changes in their activities regarding the safety of the use of peaceful atoms are needed to protect the world from the global nuclear threat. This provoked incredible challenges and led to the need, in addition to the political solution of the mentioned issue, to review the existing Ukrainian and international legislation on ensuring nuclear and radiation safety. Based on the results of the research, the author's specification of the legislative definition of the concepts: "nuclear terrorism," "threat of nuclear terrorism," and "prevention of nuclear terrorism" were formulated. The necessity of introducing demilitarized zones around nuclear-dangerous objects and the development (on Ukraine's initiative) of the international Convention on ensuring the safety of their functioning in conditions of armed conflicts is substantiated in the paper. The research used the following methods: the general dialectical method, the method of scientific knowledge, the method of interpreting legal norms, the formal legal method, the comparative legal method, and the method of systemic analysis.

LEGAL CONTENT OF THE OUTSTAFFING AGREEMENT

The article is devoted to the analysis of the legal content of outstaffing agreement. Scientific approaches to the definition of outstaffing are considered. The domestic legislation regulating legal relations of outstaffing is analyzed. It is determined that Ukraine has not yet formed a proper regulatory framework that regulates legal relations in this area. There is no legislative definition of the concept of "outstaffing agreement". It is specified that outstaffing agreement should be considered as mixed not named agreement. It is determined that outstaffing contract by its content is a service contract containing separate elements of a contractor. Outstaffing contract is a bilateral consensual contract according to which outstaffer transfers specialists of certain qualification into operative subordination of the customer, while maintaining labor relations with them, and the customer undertakes to accept the service and pay for it, independently organize borrowed work with ensuring compliance with labor protection legislation. It is pointed out that the subject of outstaffing agreement is not the labor force, but the remunerated service of selecting and providing by outstaffer company its employees to perform their work for the customer. The subjective composition of the outstaffing agreement was analyzed. It was determined that the composition of the participants of the outsourcing contract does not coincide with the composition of its parties, as the participants of this contract along with the customer and outstaffer are the third parties - qualified personnel who are in an employment relationship with the outstaffer, but go under the supervision of the customer. The provisions to be fixed in the contract of outstaffing are determined. The necessity of fixing in the contract of outstaffing of transfer of intellectual rights directly at execution by outstaff personnel of their duties has been specified. The article identifies the need to improve civil, tax and labor legislation in terms of regulation of atypical forms of employment that should be carried out on the principles of harmonization of domestic legislation with the norms of international law; normative regulation of the general concept of outstaffing; protection of rights and interests of legal relations participants.

Понятия и проблемы классификации животных как объектов права собственности

Animals are considered as objects of property rights in civil law. The necessity of legal differentiation of all animals into two categories is justified: the animal world and animals in captivity. The legislative definition of “animal world” is investigated, its unique essential features are highlighted. A study of the category “other animals” is being conducted. Starting from the analysis of doctrinal positions on this issue, the author comes to the conclusion that it is necessary to legislate the category of«animals in captivity», by which it is proposed to understand individually defined animals that are under human control and satisfy his psychoemotional, property, protective, entertainment or other needs. The introduction of this term into the legal field of Russia will allow us to distinguish a category of animals that have their own specific legal regime, different from the animal world, where the latter can be exclusively owned by the state. The essential signs of animals in captivity are revealed. The author proposes to classify all types of animals in captivity on a functional basis into the following groups: domestic; agricultural; service; intended for cultural and entertainment purposes; laboratory. The legal regime of these natural objects as objects of property rights has its own peculiarities associated with additional requirements for the maintenance and proper treatment of these animals, indicating their practical significance for civil legislation.

Moving past the uncertain classiffcation of platform workers

Workers under gig-economy arrangements have sharply increased in number over the last few years. However, they still struggle to achieve the rights and entitlements typically accorded by national labor laws to employees. The crux of disputes involving platform workers raised around the world — over 100 in the EU alone — evolved around their classification. Obviously, the aim of the litigation of gig workers was to open the main door leading to employment and social security rights, i.e. to obtain “worker” status. The outcome of the disputes has been rather mixed, even though there has been a clear stabilization. Many lawsuits have so far been promoted across to challenge the “independent contractor” status accorded to platforms to gig-workers, with mixed success. These decisions show that the traditional employment tests do not completely understand this new model of work, so maintaining a high degree of legal uncertainty around platform workers. Some possible solutions to get past this situation are on the table, ranging from a new legislative definition of “employment” to the creation of new intermediate categories of “dependent contractors.” However, the best way to address the problem is by working out a different distribution of employment protections between “employee” and self-employed workers.

INFORMATION TECHNOLOGY: APPROACHES TO DEFINITION, PRINCIPLES OF CONSTRUCTION

The research is dedicated to the concept of "information technology". The purpose of the article is to analyze the scientific and methodological literature, clarify the essence and structure of information technologies, generalize the classification of information technologies based on the works of foreign and Ukrainian scientists. The subject of research is the concept of "information technology". As part of the analysis of the concept of "information technology", the legislative definition of this term was considered, it was clarified how this category is disclosed in the state standards of Ukraine (in particular, DSTU 5034:2008, DSTU 2226-93, DSTU 2481-94, DSTU 7448:2013) , the wording of the definition in terminological dictionaries was analyzed, the definition of "information technology" defined by the international organization UNESCO was considered. The formulation of the concept of "information technology" in the scientific works of foreign researchers was studied. On the basis of the conducted analysis, the lack of existing definitions was identified and an aggregated definition of the concept of "information technology" was synthesized. The principles that became the basis for the formation of information technologies were analyzed. These principles remain relevant to this day. The publication contains an overview of the main structural components of information technology. Contradictions regarding the definition of the list of structural components of information technology in the works of various scientists have been studied. In addition, the publication provides an infographic of generalized approaches to the classification of information technologies. The work proposes the classification of information technologies according to their intended use, establishes typical components of information technology, and specifies twelve criteria for the classification of information technologies.

Criminal protection of women’s rights in India: History and modernity

In the unique criminal law model of India, a hybrid combination of principles and institutions of the three legal systems, one of the most odious crimes involves encroaching on the honor, dignity, and sexual integrity of a woman. The authors aim to analyze the criminological principles of the scale and simultaneous latency of violent sexual crimes in India. Cultural and civilizational incentives for the prevalence of rape have been identified, including the historical practice of male polygamy, early child marriage, subordination of a woman in the family, her domestic retreat and “eternal widowhood”, as well as a “gender imbalance” and girls’ infanticide in traditional Hindu families. From the point of view of the systematics of crimes, Indian criminologists distinguish more than ten different categories of “feminine torts”, including sexual assault, are classified as a group of “crimes of passion” (Articles 354, 375–376, 509 of the Indian Penal Code 1860). From the point of view of elemental composition of rape, the objective test is dominant (peno-vaginal penetration) and consists of six alternative conditions of a constitutive element “women’s consent”. The recent innovations in the IPC 1860, which expanded the definition of rape and legalized the concept of “custodial rape” from the judicial practice (Tukaram v. State of Muharashtra 1978), as a special composition of sexual violence using official position. There is a significant expansion of the legislative definition of “violence against women” in the family and at office, as well as the toughening of punishments for violent acts against women, up to the expansion of the grounds for the use of the death penalty.

EXPENDITURES OF THE STATE BUDGET OF UKRAINE: ANALYSIS OF DYNAMICS AND STRUCTURE

The article describes the concept of budget by different scholars. Expenditures of the state budget of Ukraine for 2019–2021 by economic, program and functional classifications are analyzed; reforms in foreign countries to reduce public spending. It is noted that expenditures on economic activity are a very controversial component of the balance of public finances. Important factors of growth of the state expenses are pointed out. An important issue of optimizing public expenditures on the maintenance of executive bodies is to increase the efficiency of their organization and functioning on the basis of modernization of management, legislative definition of functions, introduction of effective ways to implement staffing, logistics and financial support. The main approaches to optimizing the functions of executive bodies should be based on the legal regulation of the distribution of functions in the apparatus of public administration and the structural and functional construction of the system of executive bodies.

Сущность общественной экспертизы как формы общественного контроля

The problem is posed by the fact that under the current conditions, public expertise does not reveal the potential of its social significance, it is required to resolve issues of initiative, expanding the objects of public expertise, proper acceptance and accounting for the results of expertise, responsibility for ignoring them, as well as the ratio of types of public expertise based on their level regulation. The purpose of work is to identify and analyze the essence of public expertise as a form of public control. The subject of the study includes the regulatory framework for organizing and conducting public expertise as a form of public control, doctrinal approaches to the essence and content of public expertise, as well as the practice of conducting it. The methodological basis of the presented work is modern general scientific methods and techniques of cognition. We use dialectical, structural-functional, formal-legal, comparative-legal, system-structural and other methods. We establish that the legislative definition of public expertise provides in its content for the evaluation of not only normative legal acts and their drafts, but also other documents, as well as actions (inaction) of public authorities, however, in practice, normative legal acts and their drafts have become the main object of public expertise, which actually limits its essence and purpose.

Potential of international cooperation in reducing social inequality in Ukraine (Ukrainian-Chinese case)

The article reveals the directions of implementation of Ukrainian-Chinese cooperation. It is substantiated that the implementation of partnerships has the potential to take into account the interests of each party. The importance and prospects of realization of interaction for the decision of problems of social inequality in Ukraine are outlined. It is noted that social inequality is manifested in the quantitative measurement of property stratification and qualitative studies of the standard of living of the population. The state of formation of social standards is analyzed. It is emphasized that the Ukrainian practice of forming social guarantees and indicators that allow to investigate changes in the property status of the population demonstrates significant imbalances at the stages of legislative definition and subsequent use for measuring the property status. It is noted that one of the complex indicators used to conduct studies of social stratification in the context of its qualitative characteristics is the indicator of the quality of life of the country’s population. Statistical data on the state of property stratification of the population of Ukraine and diversification of incomes are given. Problematic aspects of income generation and dependence on state support are highlighted. The mathematical dependence of the increase in State budget expenditures on social protection and social security and changes in the purchasing power of Ukrainian citizens has been established. It is noted that the component of the “quality of life” indicator – the purchasing power of the population – makes it possible to assess in a generalized form the state of the population’s ability to meet needs at the existing level of wages and the formed prices for products. It was stressed that the implementation of cooperation between countries in the context of job creation and, consequently, improving the welfare of the population is possible, both in the context of bilateral economic and scientific cooperation and taking into account Ukraine’s potential for cross-border projects. The directions of perspective points of intersection of interests of Ukrainian-Chinese cooperation within the territory of Ukraine are determined. It is noted that in the context of decentralization and greater autonomy and independence of local communities, intensification of international cooperation directly with local authorities, in the context of increasing the powers of the latter, will allow Chinese partners to gain a transparent understanding of the nature of interaction and close proximity determination of territorial preferences, industries, contractors.

К ВОПРОСУ О ТРАКТОВАНИИ ПОНЯТИЯ И ПРИНЦИПАХ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ В КОНТЕКСТЕ РЕФОРМИРОВАНИЯ АДМИНИСТРАТИВНО-ДЕЛИКТНОГО ЗАКОНОДАТЕЛЬСТВА

The article reveals and explores the main approaches to understanding the category of «administrative re-sponsibility». The authors explore and study the achievements of modern administrative-legal doctrine, as well as the achievements of Soviet-era administrative scientists who are making their first attempts to justify the interpretation of the category of «administrative responsibility». The current administrative and tort legislation does not contain and does not disclose the concept of «ad-ministrative responsibility», which causes a lot of controversy and discussion both in the scientific community and among legal practitioners. The paper analyzes statistical data and the dynamics of the administrative-tort situation in the Russian Federation as a whole, on the basis of which it is concluded that there is a need for high-quality legislative regulation of all key aspects related to administrative responsibility. The authors pay special attention to the Draft of the new Code of Administrative Offences of the Russian Federation, which contains a legislative definition of administrative responsibility and signs of administrative responsibility. In addition, the paper examines and analyzes the basic principles of administrative responsibility, which should be enshrined in administrative-tort legislation. On the basis of the analysis, taking into account the scientific diversity of the existing positions of admin-istrative scientists regarding the interpretation of the category «administrative responsibility», the authors propose their own concept of the category»administrative responsibility».

Features of administrative responsibility for road safety violations

Problem setting. At present, road traffic is one of the main elements of modern states. Using different types of vehicles, people have the opportunity to move faster, do freight, thereby facilitating their work in all areas of activity. This contributes to the development of economic activity, social activity and road infrastructure, but at the same time there are a number of negative consequences associated with traffic injuries, economic and social damage caused by road accidents. Today, about 7,000 people die in road accidents each year and nearly 4,000 are injured; every 12 minutes there is a car accident; almost every 1.5 hours a person dies. In Ukraine, the statistics of road accidents for the period from 01.01.2021 to 31.05.2021 amounted to 70774 – 22.2%. It is possible to reduce these indicators under the condition of introduction of the state program of the correct design of roads, and also increase of administrative responsibility for violation of traffic rules. And what do we see when we look at the statistics of the last five years? And the fact that accident statistics are really scary, and is constantly growing. Law enforcement officers are constantly publishing regular collections of data on road accidents in the country. The tables are full of red numbers, the color of which indicates the deterioration of basic safety indicators. Target of research is a comprehensive scientific study of administrative liability for violations of traffic legislation, its features, as well as improvement by amending legal acts will positively affect the development of transport – road complex of Ukraine and contribute to strengthening road safety as a component of national security. The main purpose of the study is to lay the groundwork for administrative liability for road safety offenses on the basis of a comprehensive analysis of scientific sources, generalization of legal material and law enforcement practice. The object of this work is public relations, which are formed in the process of ensuring administrative liability for violations of legislation in the field of road safety in modern conditions. Analysis of recent researches and publications. Issues of road safety in different volumes are reflected in studies conducted by: O. Bandurka, T. George, D. Medvedev, Yu. Piroshkova and others. At the general level, the concept of “road safety” as a component of public safety was studied by A. Basov, В. Glushkov, M. Inshin, O. Copan and others. These scientists analyzed the problem of improving the administrative and legal responsibility of road safety and proposed to improve measures that will ensure the safety of all road users. However, the relevance of this topic is due to the constant updating of Ukrainian legislation, based on the provisions of which is the rule-making regulation of this area of public relations. Article`s main body. The article defines the features of administrative responsibility for violation of road safety. The author considers changes in the legislation regulating administrative responsibility in the field of road safety. The analysis of the number of road traffic accidents (RTA) and their consequences over the past five years was also carried out. The study of this problem is relevant, since the analysis of static data on the number of road accidents indicates a low level of traffic safety and a high accident rate on highways. Conclusions and prospects for the development. Based on the above, we can conclude that the current legislation in the field of administrative liability for violations of road safety is quite extensive and provides for various types of administrative penalties aimed at saving lives and reducing socially dangerous accidents. Also, the legislative definition of the term “traffic” is not provided either in the Code of Administrative Offenses or in the Law of Ukraine “On Road Traffic”. I propose to define and legislate the concept of “road safety” as a set of factors and mechanisms that regulate legal relations, establish responsibility, describe the typical mechanisms and rules of conduct of all road users in the state.

Legality of Applying Coercive Medical Measures in Criminal Law

The objective of the study was to determine the legality of the application of coercive medical measures and to develop recommendations to improve the legislative regulation of their use. The study included data on the number of offenders with mental disorders; the empirical background was the decision of the European Court of Human Rights on the application of coercive medical measures; provisions of the legislation of 31 countries. Methods of system approach, comparison, descriptive analysis, pragmatic approach, prognosis were used. The national criminal law of most states regulates the application of coercive medical measures to persons who have committed a crime in a state of limited sanity or insanity or have acquired it before sentencing or during the execution of the sentence, but its practical application causes several complications. It is concluded that the legislative definition of coercive medical measures corresponds to human rights legislation. But there are problems with its practical application. Proposals were made to amend national and international legislation: to broaden the range of grounds for the application of coercive medical measures; regulate the possibility of early termination of a coercive medical measure; oblige the courts to determine the appropriate terms.

Prerequisites for the legal mechanisms development to combat disinformation in social media in the context of national security: problem statement

The article deals with the preconditions for the legal mechanisms development to combat disinformation in social media in the context of national security. The conclusion is formulated on the necessity of the development of such mechanisms on the basis of constitutional freedom of speech principle, with legislative definition of the exclusive possible restriction list in social media for the sake of national security.
 It is noted that the difference between legal and corporate internal norms of regulation of social media companies directly affects the effectiveness of national interests’ protection both in the United States and Ukraine. Because the non-binding provisions of the First Amendment of the US Constitution for private entities determine the orientation of social media companies to make a profit, although the policy of Facebook and Google adheres to the principles of freedom of speech.
 In the context of capacity building of the Centre for Countering Disinformation, counteracting disinformation campaigns for national security reasons requires a combination of efforts of the Centre with the national cybersecurity system, and with regulatory bodies of the media, strategic communications units of Ukraine Government in close cooperation with the private sector, primarily social media companies, and civil society.
 It is concluded that compared to the US government, Ukrainian government has broader constitutional preconditions for the national security interests’ protection, particularly in connection with Russian Federation aggression. It is noted that regulations on combating disinformation in social networks should take into account international human rights requirements, national interests, as well as business processes of social media companies.

On the Definition, Legal Essence and Classification of Electronic Information Used Within the Framework of International Cooperation in Criminal Matters

The article is devoted to the analysis of such a complex and multifaceted legal phenomenon as „electronic information“. The aim of the research is to define the concept and legal nature of such information. The analysis is based on materialistic dialectics, legal hermeneutics, special and comparative legal methods, a sociological approach and a forecasting method. The study shows that the doctrine and practice lacks a unified approach to understanding electronic information in criminal cases, often the concept of „electronic information“ is confused with „electronic evidence“, while losing sight of its criminal procedural application. Author comes to the conclusion that there is no legislative definition of the concept of “electronic evidence” and it is still possible to operate with the term “electronic information” today, taking into account its cross-disciplinary purpose, respectively, the author’s definition of this concept is proposed. In addition, an attempt was made to determine the types of electronic information in criminal cases, including those requested in the framework of international cooperation, namely, the provision of mutual legal assistance. As an empirical basis for the study, we used the materials contained in the Practical Guide for Requesting Electronic Evidence from Other Countries, prepared jointly by the UN Office on Drugs and Crime, the Executive Directorate of the UN Security Council Counter-Terrorism Committee and the International Association of Prosecutors in collaboration with the EuroMed Justice programs and Euromed Police.

Legal and linguistic uncertainty of terms and norms of Russian laws

The article presents the results of a study of de jure (modeled) and de facto (real) interpretation of the concept legal and linguistic uncertainty, which is relevant for modern Russian legal discourse, lawmaking, judicial, and expert practice. These features are typical for Russian legal discourse, lawmaking, judicial, expert practice, as well as the scientific sphere of communication. The article is aimed at studying the objective and subjective reasons for legal and linguistic uncertainty of legislative terms and legislative norms; analysing the conditions under which uncertainty is considered as an attribute of law language and a means of legal regulation or a defective formulating legal rules, falsa leclio. Legal and linguistic uncertainty is considered from different points of view: (a) the dichotomy clarity/ uncertainty; (b) the legislative definition; (c) attitude to the system of Russian legislation terms; (d) variability, disambiguate, double-meaning; (e) the basis for procedural decisions (expert assessment, adjustment of the norm of the draft law or the current law, rejection of the draft law). The subjective factors of legal and linguistic uncertainty are analyzed, on the one hand, from the position of professional competencies of law developers and specialists examining laws in different aspects - linguistic, legal, anti-corruption, legal and technical, pedagogical, etc. On the other hand, they are analysed from the point of view of legal and other knowledge of the addressees, those, who interpret the law. The research methodology is traditional for modern Russian studies and legal linguistics: analysis, comparison, deduction, induction, analogy, modeling, as well as contextual, interpretive, systemic, discursive, interdisciplinary, practice-oriented and other approaches. Due to interdisciplinary nature of the research, works on linguistics, jurisprudence, legal linguistics, documents of legislative, judicial, expert practice, texts of Russian (federal) laws, materials from the Dictionary of Terms of Russian Legislation were used. The prospects for the study are outlined: considering legal and linguistic uncertainty in the aspect of creating laws in two or more state languages, orthology, etc.

Совершенствование процессуального порядка проверки поводов и оснований для возбуждения уголовного дела

Introduction: the range of tasks facing the stage of initiating a criminal case is quite diverse, which leads to different interpretations of their content by the scientists-processualists. The authors of the paper assess the problems of determining the reasons and grounds for initiating a criminal case. The problem considered by the authors of the manuscript is relevant because of their insufficiently clear legislative definition and their related ambiguous interpretation. The purpose of the study: to identify the problems that hinder the improvement of the procedural order for checking the reasons and grounds for initiating a criminal case. The research objectives: to analyze the points of view of the scientists-processualists about the expediency of eliminating the first stage of the criminal process; to offer some recommendations for transforming the stage of initiating a criminal case. Methods: the methodological framework for the study is represented by a system of methods of scientific cognition, which should include: general scientific, systemic, institutional, and comparative legal. Results: the paper provides an assessment of the position of some researchers specializing in criminal procedure law on the need to eliminate the stage of initiating a criminal case, which the authors of the paper do not share, citing the following arguments: the considered stage of the criminal process acts as a kind of filter that separates the law enforcement agencies from procedural activities for the analysis of information that does not hide the signs of a criminally punishable act; will cause an increase in the burden on investigators and interrogators; the burden on the federal budget will increase due to the procedural costs. Conclusions: considering the possibility of improving the stage of initiating a criminal case, borrowing the experience of the representative countries of the Anglo-Saxon legal system, the authors of the paper conclude that as a result of this, the procedural status of some participants in the criminal process will change, which is alien to the Russian criminal procedure legislation: the replacement of the functions of the investigator by the prosecutor and the court; the exercise of the function of the body of inquiry by the investigator; the acquisition by the defender of the status of the subject of proof on a par with the investigator and the inquirer. It is noted that the attempt of the legislator to give evidentiary value to the information obtained during the preinvestigation check as an independent reason for initiating a criminal case was not successful.

An Explorative Study into the Importance of Defining and Classifying Cyber Terrorism in the United Kingdom

Terrorism, crime, and war are all familiar notions; however, the way in which these have been altered through cyberspace is not yet fully, nor unanimously, understood through definitions, theories, and approaches. Although the threat level of terrorism in the UK has lowered to moderate, the threat posed by cyber terrorism has nonetheless heightened throughout the COVID pandemic due to the greater necessity and presence of technology in our lives. This research aimed to highlight the necessity for a unanimous cyber terrorism definition and framework and further aimed to determine what perceptions are held by the general public regarding cyber terrorism through a mixed methods approach. The literature review confirms that there is an absence of a unanimously agreed upon definition of cyber terrorism, and furthermore that the existing academic definitions are not compatible with UK legislation. In addition, the literature review highlights an absence of a cyber terrorism framework that classifies what kind of terrorist activity is cyber enabled or cyber dependent. Quantitative data from the online survey find a couple of significant effects implying the necessity for greater diversity amongst stakeholders which could potentially enhance the detection and prevention of terrorism in the UK. The qualitative data find that although there is some agreement amongst the sample population in views held towards cyber terrorism, some misconceptions are nonetheless present which could have implications on the general public’s ability to identify and report cyber terrorist activity. Overall, the findings from the literature review and the primary data collection aid in developing a cyber terrorism definition that is compatible with UK legislative definitions, and further aids in developing a terrorist activity framework that succinctly highlights the inextricable links between traditional, cyber enabled, and cyber-dependent terrorism.