Legislative Definition Research Articles

Export of Cultural Property from Ukraine: State Policy and the Challenges of War

Abstract The Russian invasion of Ukraine in 2022 inflicted severe damage on the country’s cultural heritage, triggering an upsurge in attempts to export cultural property across its borders. This paper deals with relevant issues related to the policy of Ukraine regarding the prevention of the export of cultural property abroad and the expertise of confiscated cultural property, as well as underscores the significance of enhancing state policy in this sphere in response to the challenges caused by Russian invasion. The notable increase in illegal attempts to export antiquities abroad requires a revision of the procedure for appointing and conducting the expertise of confiscated objects. This primarily applies to excessively prolonged periods of expertise, the lack of uniform rules applicable to all art experts regardless of their affiliations, and the ambiguous criteria defining “cultural property” in Ukrainian legislation. The paper proposes measures to resolve these difficulties, including introducing preliminary expertise at customs control, unifying the requirements for experts’ conclusions, and clarifying definitions in legislation.

REPRESENTATION OF THE STATE’S INTERESTS IN COURT AS A FUNCTION OF THE PUBLIC PROSECUTOR’S OFFICE: FEATURES OF LEGISLATIVE REGULATIONS

The article highlights some features of the legislative regulation the representation of the state’s interests in court by the public prosecutor’s office, the peculiarity of which periodically become the objects of review by the Constitutional Court of Ukraine, initiated by interested parties, who in current conditions demand revision of such regulation for its compliance with the principles of the rule of law. The purpose of the article is to highlight the peculiarities of the legislative regulation of the representative function of the prosecutor’s office through the prism of establishing its compliance with European standards of the prosecutor’s office activities in the researched field, the method of legislative determination of the scope of the representation of the state’s interests by the prosecutor’s office, the legitimate purpose of adopting legislative provisions on prosecutorial representation, ensuring the implementation of the representation of state’s interests in court by the prosecutor’s office in exceptional cases, the expediency of introducing changes to the legally defined mechanism of implementation of the representative function by the prosecutor’s office regarding the substantiation by the prosecutor of the grounds for such activities, as well as highlighting one’s own vision regarding its further development. It is stated that the constitutional and legal regulation of the prosecutor’s office function of representing the interests of the State in court is characterized by a number of legal categories which are evaluative in nature, and which, given the lack of their legislative definition, are understood in the legal positions of the Constitutional Court of Ukraine and in the practice of the relevant entities applying law, mainly, judicial and prosecutorial practice. It is established that the updated constitutional and legal status of the prosecutor’s office in Ukraine in terms of determining the scope of its powers in activities outside the criminal justice sphere through the prism of the function of representing the State’s interests in court in exceptional cases and in accordance with the procedure established by law embodies the European standards of the prosecutor’s office, whose defining mission in this area is to represent general or public interests, protect human rights and fundamental freedoms, and ensure the rule of law, which corresponds to the legally defined purpose of public prosecutor’s office in Ukraine. It is proved that the method of constitutional definition of exceptional cases of the prosecutor’s office’s function of representation of the State’s interests in court indicates that the legislator does not intend to limit their legislative consolidation to the limits of a specific special law and does not exclude the possibility of their consolidation in the provisions of other laws, since the list of these cases cannot be determined in advance, but should be determined in accordance with the interests which require protection in a particular historical period. It is proposed to apply a balanced approach to introducing changes to the legislatively defined mechanism for exercising the representative function by the prosecutor’s office with due regard for the achievements of judicial and prosecutorial practice of its application, so as not to make it impossible to protect the interests of the State by means of prosecutorial representation.

Specific features of defining inheritance as escheated within civil law doctrine and legal enforcement practice

The author has studied the problem of escheated inheritance. The problematic aspect of this legal phenomenon is also stipulated by the lack of its legislative definition, disputes in regard to the legal nature of relations of escheated inheritance. The relevance of this problem is evidenced by the fact that it is appropriate to assume an increase in objects of escheated property in terms of the martial law and post-war reconstruction due to inability of lawful heirs to accept inheritance (death as a result of hostilities, leaving the country for permanent residence in other states, etc.), destruction and damage of property. Therefore, the registration procedure and usage of escheated property at the level of territorial communities may be revised in terms of the martial law. It has been noted in the paper that escheated inheritance cannot be considered as hereditary and legal definition by its legal nature, because: it is based on the obligation, but not on the right to accept inheritance; its purpose is to satisfy the public interest in maintaining the stability of property relations in society; it is legal succession. The author has proved that the construction of interest in the system of legal relations of escheated inheritance is complex and combines public (social) and economic (property) interests. Public (social) interest consists in preserving the stability of property relations in society. Economic (property) interest has a public and private orientation, in particular, it satisfies the interests of the territorial community, both an acquirer of the ownership right and a creditor regarding the satisfaction of an ancestor’s obligations at the expense of escheated property. At the same time, a public entity assumes the burden of the ancestor’s obligations sometimes not in own interests, but in order to satisfy the stability of property relations in society. The procedure of recognizing inheritance as escheated has the following stages: detection of escheated property, in particular from reports of neighbors, from the authority in charge of the residential stock; examination of discovered property, whereat a formal note is taken; collection of information regarding the status of escheated property; in case of establishing the fact of damage (destruction), the commission puts forward a proposal to terminate the ownership right to such an object; preparation of a claim to the court on defining inheritance as escheated and transfer of property to communal ownership; hearing the case according to the rules of a separate proceeding; adoption of a court judgement on transfering escheated inheritance to communal ownership; the decision of the local self-government agency’s session on the acquisition of the right of communal ownership of escheated property; state registration of property for the relevant territorial community; maintenance and use of escheated property.

The national doctrine of good faith in civil proceedings: a review of the main scientific works

The article examines the scientific works of national scholars on civil procedure and the practice of justice in civil cases with a view to understanding the evolutionary path of formation and development of national legal thought and legislation on such a legal phenomenon as the principle of good faith. The author analyzes the issues of good faith and misconduct in procedure, abuse of procedural rights, civil procedural liability and procedural coercion, and procedural duties as related legal categories of our study. This topic is insufficiently developed, as domestic proceduralists mainly focus their efforts on the problem of abuse of procedural rights in civil proceedings, with fragmentary attention to the issue of procedural good faith. The article examines the main works of modern Ukrainian researchers who have studied the issues of the principle of good faith in its various manifestations, which, in our opinion, are conceptually complete and serve the purposes of studying the chosen subject matter. The author summarizes that a number of researchers consider good faith through the interaction of the court and the parties in civil proceedings, characterize it as a comprehensive, evaluative legal category which distinguishes between lawful procedural behavior and abuse of procedural rights, and draw attention to the need for a legislative definition of the definition and criteria for abuse of law. The author examines related legal categories which allow identifying possible forms of abuse of procedural rights, classifies them and assesses the legal consequences of their exercise. The author proposes measures to encourage participants to the court proceedings to behave in good faith during the consideration and resolution of a civil case. The author determines that good faith in civil proceedings is of integrative importance and may include similar legal categories: prohibition of abuse of procedural rights; requirement of good faith fulfillment of procedural obligations; procedural estoppel or prohibition of other unlawful obstacles to the administration of justice.

О признаках служебного подлога

The article reveals the problems of legislative regulation of provisions on official forgery as a crime; these include understanding of the official document, use of official positions with special crimes, forms of acts in official forgery. Blanket disposition part 1 art. 292 of the Criminal Code of the Russian Federation makes it difficult for law enforcement officers to have a uniform understanding of the subject of official forgery, and therefore there is a need to study the concept of an official document as the subject of a crime. An analysis of the legislative definitions of “document”, “official document”, as well as an explanation of the subject of official forgery presented in the resolution of the Plenum of the Supreme Court of the Russian Federation, made it possible, in order to bring judicial practice to uniformity, to conclude that it is advisable to supplement Art. 292 of the Criminal Code of the Russian Federation with a note on the concept of an official document as the subject of official forgery.

DEVELOPMENT OF ELECTRONIC COMMERCE IN UKRAINE AND ITS IMPACT ON THE ECONOMY

The development of electronic commerce positively impacts the national economy by transforming business processes and consumer experience. eCommerce provides convenient access to goods and services from anywhere in the world, reducing costs and time spent on purchases, and facilitates the expansion of market opportunities. The aim of this study is to analyze the various characteristics and dimensions of eCommerce development in Ukraine, both before and after the full-scale war, and to examine its profound impact on the economy and broader society. This investigation will consider the shifting trends, challenges, and opportunities within the digital marketplace, offering insights into how these changes influence economic performance and social dynamics. The paper presents an analysis of eCommerce in Ukraine, including the legislative definition of «electronic commerce» and the positive aspects of digitalization on the economy. It examines the effects of global and local factors on the development of eCommerce in Ukraine and provides an overview of the dynamics of Ukrainian eCommerce from 2017 to 2023 in terms of major retailers. A forecast of significant growth in eCommerce revenues by 2029 in Ukraine is provided, based on the adoption of new technologies, including artificial intelligence and blockchain solutions, as well as improvements in digital literacy, expansion of eCommerce infrastructure, changes in consumer habits, and support for small and medium-sized businesses. Based on the analysis, recommendations for post-war recovery of the eCommerce sector are proposed. Conclusions are drawn regarding the positive impact of eCommerce on businesses, the state, and consumers. Further development of eCommerce in Ukraine requires adaptation to new conditions and technological innovations, increased digital literacy, and support for small and medium enterprises in their transition to online platforms

Teachers and Teaching Assistants – Teamwork as Prevention of School Failure of Pupils During Primary Education

This paper investigates the topic of teacher-teaching assistant collaboration in supporting pupils who are at risk of school failure. This topic was addressed, as one of the subtopics, by a longitudinal research study investigating the causes of school failure/success among primary school pupils in the Czech Republic. The aim of the present study is to describe the activities that teaching assistants pursue in relation to “at-risk” pupils or in relation to other pupils in the classroom. The descriptive part of the paper also reviews various forms of teacher-teaching assistant collaboration during the teaching process. This empirical study consists of two parts. In the theoretical introduction, we describe the system of support and advisory services used to implement inclusive education in Czech schools. We also describe the legislative definition of the teaching assistant position and present his/her job description. The empirical part of the paper presents the conclusions of our research survey, which captures how teaching assistance is currently practiced in Czech primary education.

Execution of decisions of the Constitutional Court of Ukraine: separate doctrinal approaches

It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant. The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research. In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance.

Control proceedings as a non-sue procedure of administrative jurisdiction

In accordance with Part 1 of Art. 12 of the Code of Administrative Proceedings of Ukraine, administrative proceedings are carried out in the order of legal proceedings (general or simplified), which, among other things, are used to consider some appeals by subjects of power due to the requirement established by law to confirm powers before their implementation. There is no special judicial procedure for consideration of such appeals by the Code of Administrative Proceedings of Ukraine. The paper argued the need for a legislative definition of the non-suitable procedure of administrative proceedings and proposed "control proceedings" as a model for its implementation. It is noted that administrative proceedings may not have a single procedure for its implementation and should be reflected in various procedures, and development of legislation in this area should be directed to the implementation of effective judicial protection mechanisms that would be relevant to today's challenges. According to the proposed model of control proceedings, the subject of power will have the procedural status of the applicant, and the person whose rights, freedoms and legitimate interests may be restricted/violated will have the status of a private person. It is in the control proceedings that the principle of official clarification of all the circumstances of the case can manifest itself most fully. The expediency of the legislative change in the procedure for considering cases of administrative offenses, which are currently considered by the courts according to the rules established by the Code of Administrative Offenses, is argued, and the use of control proceedings for the consideration and resolution of such cases is proposed, in which the subject of authority, after drawing up a protocol on the commission of an administrative offense by a person, will turn to of the administrative court with a statement confirming the authority to apply the corresponding administrative penalty, and the administrative court will consider such a statement according to the rules established by the Administrative Court. Emphasis is placed on changing the functions of the court from "punitive" to controlling. It has been proven that the implementation of control proceedings as a non-suitable procedure of administrative proceedings will have a positive effect on the level of protection of the rights, freedoms and legitimate interests of private individuals, will contribute to the building of public trust in the state, and will lead to the development of administrative justice in particular and justice in general.

USE OF CERTAIN TERMS IN THE SPHERE OF ENVIRONMENTAL PROTECTION

The publication is dedicated to the coverage of legislative and theoretical approaches to the use of the interpretation of certain terms and concepts in the field of environmental protection, based on which suggestions are made regarding their optimal use in scientific circulation and relevant regulatory and legal acts. It is emphasized that the stability of informational and legal provision, in particular in the environmental sphere, is possible under the condition of unification of legislative terms, clear regulatory consolidation of their content with the aim of uniform understanding and application in practical activities. It is possible to secure interests and implement strategic priorities in the field of environmental protection through the creation of effective legal regulation, which includes various legal means, in particular regulations. The important role of definitions in legal regulation, which contain definitions of concepts as integral elements of the legal basis for ensuring the environmental policy of the state, is pointed out. It is noted that the legal definitions of the concepts have a universally binding nature and contribute to the formation of a single legal space. An attempt was made to evaluate the conceptual and categorical apparatus in the analyzed field from the point of view of the universality of the relevant definitions, the completeness of their textual expression, as well as state policy. It is noted that the relevant legislation does not contain a legislative definition of key concepts in the field of environmental protection. It was concluded that the identification of the definitions “ecology” and “surrounding environment” is erroneous, because “ecology” is the part of it that refers to the natural component of the environment. In this regard, as well as in view of the need to bring national legislation to international standards in the researched area, it is more appropriate to use the term “surrounding environment”, which is synonymous with the concept of “environment”, which would cover not only the natural component, but also the environment the existence of humanity in general.

The classification of platform workers in the australian context

This article considers the issue of classification of platform workers in Australia and it is motivated by the uncertainty that persists with this issue as well as the negative impacts that may arise for workers and platforms in such an environment. We contend that awaiting a decision of the High Court, that may provide clarification on the correct classification of platform workers, is not a preferred option for resolving the issue. Introducing a third category of worker to the existing categories – employee and independent contractor – has the potential to introduce its own complexities. Another option is a legislative intervention whereby existing legislation would be amended to deem platform workers to be employees. We argue that a better alternative is for the Australian legislature to enact a legislative definition of employee similar to that in the Employment Relations Act (New Zealand) s 6(1)(a). A principle-based approach to drafting the provision, and a purposive approach to its interpretation appear to be effective means of addressing the indeterminacy that has pervaded the platform worker classification issue in Australia.

Пробация и проблемы ее реализации в Российской Федерации

Introduction. On February 6, 2023, the Federal Law “On Probation in the Russian Federation” 10-FZ was adopted. The law is aimed at the effective inclusion of persons subject to criminal penalties into a law-abiding society, as well as at reducing the level of recidivism in the country. With the help of the probation instrument, involving a large number of subjects in the sphere of resocialization work with persons leading a criminal lifestyle and subject to criminal punishment, the legislator believes in achieving the goals of punishment: restoring social justice, correcting convicts and preventing the commission of crimes. Theoretical analysis. While not being a full source of penal law, the law on probation, at the same time, provides the prerequisites for expanding the subject of this branch of law and outlines further directions for the development of the science of the same name. The law provides for executive, penitentiary and post-penitentiary probation; all these types should be carried out on the basis of individual resocialization programs. However, a number of issues require resolution; these include the relationship between the goals of punishment and the goals of probation, as well as identification of the legal statuses of participants in probation relations. Empirical analysis. The legal, organizational, and social aspects of the functioning of the probation system in Russia are analyzed, including interaction with various participants, effectiveness of measures for resocialization and social adaptation of convicts. The use of the concepts of social adaptation, resocialization and social rehabilitation in the law causes difficulties in understanding and can create problems in its implementation. It is proposed to develop detailed regulations on the part of the Government of the Russian Federation and the Federal Penitentiary Service to better implement the powers of probation subjects. Results. The positive direction of the law is beyond doubt, but the legal nature of probation requires further reflection. Its legislative definition resembles criminological prevention, but at the same time it is not such. Therefore, in conclusion, proposals are formulated to improve the legal and organizational components of probation in Russia.

On the Issue of the Concept of “Digital Information” in relation to Criminal Proceedings

The intensive and massive introduction of digital technologies has revealed the “lag” of law from dynamically developing public relations. To date, a unified position on the concept of information obtained using digital technologies has not been developed and legislatively fixed. The article con[1]siders the problem of the lack of a uniform understanding of the concept of information obtained using digital technologies in criminal proceedings. The author cites various positions of scientists on the issue under study, as well as the provisions of normative legal acts containing legal definitions of the analyzed term. An author’s version of the term is proposed to denote information introduced into criminal procedural evidence through digital media. The lack of a legal definition of digital information and a common understanding of its essence when used in proving a criminal case makes it much more difficult to achieve the goals of criminal proceedings. The legislative definition of the concept of “digital information” will contribute to the correct, or rather, the only possible understanding of its meaning in the context of this legal context.

Regarding the ordering of individual definitions in the regulatory and legal regulation of economic security

The scientific article examines issues related to the determination of the essence, role and meaning of definitions in the regulatory and legal regulation of economic security. The uniqueness of the phenomenon of economic security is emphasized, which is the guarantor of ensuring the national interests of the state, society, and the individual in the economic sphere and the basis for the unhindered implementation of the state’s strategic national priorities. Ensuring these interests and implementing strategic priorities is possible through the creation of effective legal regulation, which includes various legal means, in particular, regulatory prescriptions. It is pointed out the important role of definitions in normative and legal regulation, which contain definitions of concepts as integral elements of the legal basis for ensuring economic security. It is noted that the legal definitions of the concepts have a universally binding nature and contribute to the formation of a single legal space. The functions of legal definitions in the normative and legal regulation of ensuring economic security are revealed. An attempt was made to evaluate the conceptual and categorical apparatus in the analyzed field from the point of view of the universality of the relevant definitions, the completeness of their textual expression, as well as state policy. It is noted that the current security legislation does not contain a legislative definition of key concepts in the field of ensuring economic security. In this regard, the problem of unification of the conceptual and categorical apparatus in the field of ensuring economic security by adopting the main strategic planning documents is raised. In the opinion of the author, taking into account the main approaches of the legislation to the definition of national interests, the legal concept of “economic security”, similar to the definition of “state security”, should reflect a certain state of the state, under which conditions are created to ensure the appropriate state of security of the economic system of Ukraine. The expediency of developing a new Strategy for the sustainable development of the economy of Ukraine for the post-war period was emphasized, which would not only determine the ways to achieve goals and implement priorities of national interests in the field of ensuring economic security and foresee the main challenges and threats, but also contain a legal definition of “economic security” and such its components, such as “financial security”, “foreign economic security”, “investment and innovation security”, etc.

The Body of Inquiry as a Participant in Criminal Proceedings

The article discusses the problematic aspects of determining the legal status of the body of inquiry as a participant in criminal proceedings. It is noted that despite a number of legislative changes, a considerable number of issues concerning the procedural position of the body of inquiry in the criminal process of Russia remain unresolved. The inconsistency of the legislator in determining the list of bodies of inquiry is separately indicated, the allocation among them of those who have the right to conduct a preliminary investigation in the form of an inquiry, and those who are authorized only to initiate a criminal case and carry out urgent investigative actions. Referring to the foreign experience and the historical development of this institution in domestic legislation, the author emphasizes the unjustified narrowing (compared with the pre-revolutionary state) of the number of state institutions belonging to the bodies of inquiry. The author criticizes the legislative criterion of attribution to the bodies of inquiry, based on the sign of the implementation of operational investigative activities. Special attention is paid to the shortcomings of the legislative definitions given in Article 5 of the Code of Criminal Procedure of the Russian Federation.

A Digital Ruble Platform as an Object of Financial and Legal Regulation

The paper examines the issues of legal regulation of a digital ruble platform, which is considered as an element of the national payment system, information system, and a set of financial technologies. The author analyzes the legal nature of the information platform as a general concept for varieties of digital platforms. The conclusion is made about the need to consolidate the legislative definition of the information platform. The paper also examines the legal status of the platform operator, platform participant and platform users. It is concluded that the platform operator has a special functional function, since he is solely responsible for any processes related to the operation of the digital ruble platform. The author also focuses on the problem of blocking remote banking services due to non-compliance with legislation on combating money laundering and terrorist financing (AML/CFT). It is assumed that the judicial practice concerning challenging the blocking of remote banking services will not change due to the introduction of the digital form of the national currency. It is pointed out that there are no agreements on interaction between the Bank of Russia and Rosfinmonitoring in terms of control measures under AML/CFT in the circulation of the digital form of the national currency, since the relevant risks have not been examined. It is concluded that cross-border money transfers in the form of digital national currencies are promising, but the author determines a number of problems related to the technical feasibility and legal regulation of the processes of opening accounts for non-residents and transferring funds.

On the Concept of Information in Criminal Proceedings

Information gains special importance in the modern criminal process, it becomes a valuable resource in the implementation of procedural rights. The article is devoted to the issues of procedural information research. Most theories view information as a component of the process of cognition, as data regarding the committed crime. Such an interpretation somewhat limits its significance for the criminal process and makes it possible to view information only as the contents of proof. At the same time, the absence of a common view on the procedural understanding of information leads to certain difficulties in determining the limits of the rights to information for the criminal procedure participants. In order to understand information as a criminal procedure category, it is necessary to research its essence. Such an approach will contribute to specifying terminology, deriving key procedural attributes, and to the categorization of this concept. The author examines various doctrinal viewpoints on this issue, presents the philosophical understanding of information, and its legislative definition. There is a comparison of concepts from the criminalistic and the criminal procedure doctrines. The key attributes of information are formulated and the methods of its classification are presented.

Суб’єкти адміністративного судочинства: деякі питання правового статусу

The scientific article is devoted to the study of the legal status of subjects of administrative proceedings. The article examines scientific and legal approaches to the definition of the concept of "subject of administrative proceedings", analyzes the criteria for the classification of subjects in administrative proceedings. The legal status of subjects who are participants in administrative proceedings depends directly on its legislative definition, but the mechanisms of its implementation are related to the functional features of the subjects of judicial review of administrative cases. The establishment of the system of subjects of administrative procedural law is ensured by the corresponding systemic legal regulation in the legislation. In the science of national administrative law, there are different views on the system of subjects of administrative law and administrative proceedings. It is emphasized that the participants in the administrative process according to the instructions of the CAS of Ukraine, depending on their interest, are divided into persons who conduct the judicial process (directly the administrative court), participate in the case (parties, third parties, representatives of the parties and third parties) and other participants (witness, expert, specialist, etc.). Also, the system of subjects of administrative proceedings can be divided into individual and collective subjects. The most logical, in our opinion, is the classification of all subjects of administrative procedural legal relations into three groups: courts that administer justice; persons participating in the case; persons who assist in the administration of justice. It was concluded that in each of the listed cases, the administrative-legal status of an individual subject as a participant in administrative proceedings has its own specificity, due to the functional affiliation performed by the subject during the implementation of administrative proceedings.

Protecting Vulnerable Groups of Citizens from Extremist Crimes: Theoretical and Practical Aspects

This article is devoted to the problems of countering extremist crimes and, in particular, issues of protecting the most vulnerable groups of citizens from this type of crime. The issues of forming various approaches to understanding the definition of “extremism” were considered, definitions of domestic legislation on countering extremism were analyzed, recommendations were given on possible ways to improve it. The issues of the presence of similar regulatory legal acts and legislative structures in foreign practice were touched upon, conclusions were drawn on similarities and differences in the understanding and explanation of the concept of “extremism.” References to current foreign studies on the subject of this work are given . The article defines the concept of interfaith and interethnic harmony, considers their role in countering the ideology of terrorism and extremism. It is concluded that an adequate state policy in the field of countering extremism allows achieving a high level of interethnic and interfaith harmony. Using the example of some religious organization banned in the Russian Federation, as well as the problems of bringing to justice for likes and reposts of materials related to religion, the author considers the negative consequences of disproportionate and excessively strict state policy in the field of countering extremism and suggests changes to the current legal regulation in this area in order to optimize this policy.

Электронные доказательства, электронное доказывание, искусственный интеллект: что далее?

The concept of “electronic evidence” is usually considered within the framework of existing legal classification (material evidence, documents, etc.), whereas more general and natural concepts for them are “electronic proof” and “electronic litigation”, the material substrate of which is the digital environment, where artificial intelligence is gaining increasing importance. Electronic evidence does not always fit into existing legislative definitions and can exist in virtual space (cryptocurrency, other digital assets, etc.). Artificial intelligence in combination with so-called “big data” (Big Data), collectively called the integral technology of artificial intelligence and big data (BD&AI), can take the process of searching for evidence during an investigation to a qualitatively new level, revealing hidden relationships in events and behavior of individuals, often beyond the scope of human consciousness. Through the development and application of BD&AI, the very nature of evidence in criminal proceedings can change, transforming from the sphere of human perception into the sphere of machine cognition. Structuring “big data” for electronic evidence requires further development of investigation algorithms and standards of proof