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CRIMINOLOGICAL RISKS OF THE USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN ILLEGAL DRUG TRAFFICKING 在非法贩毒中使用人工智能技术的犯罪学风险
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-349-360
V. Solov’ev
The most important prerequisite for studying the risks of using artificial intelligence in drug trafficking is that in its organized forms, this activity is essentially a business model that has significant similarities with the patterns of functioning of legal entrepreneurial activity. These risks are of particular relevance in the context of the COVID-19 pandemic. The costs incurred during the pandemic, as well as the continuing anti-epidemiological measures, are forcing illegal entrepreneurs to look for ways to optimize business processes. Artificial intelligence is the most effective tool for this. This technology can be used for the optimal geographical distribution of drug production sites, procurement and transportation of raw materials, precursors, increasing the quantity and improving the quality of the manufactured product. Artificial intelligence can be used in planning drug trafficking, including the use of unmanned vehicles, it allows assessing the quality of sales markets, it can facilitate the organization of marketing activities, regulate the prices of drugs, is able to provide assistance in the course of money laundering, diversification of criminal business, coordination actions of members of a criminal group, in the selection of personnel, their placement and management.
研究在毒品贩运中使用人工智能的风险的最重要先决条件是,在有组织的形式下,这种活动本质上是一种商业模式,与合法企业活动的运作模式有很大的相似之处。在2019冠状病毒病大流行的背景下,这些风险尤为重要。大流行期间的费用以及持续的反流行病措施迫使非法企业家寻找优化业务流程的方法。人工智能是最有效的工具。该技术可用于药品生产场所的最佳地理分布,原料、前体的采购和运输,增加制成品的数量和质量。人工智能可用于规划毒品贩运,包括使用无人驾驶车辆,它允许评估销售市场的质量,它可以促进营销活动的组织,调节毒品的价格,能够在洗钱、犯罪业务多样化、协调犯罪集团成员的行动、人员的选择、安置和管理等过程中提供协助。
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引用次数: 0
TOPICAL ISSUES OF THE EFFECTIVENESS OF THE USE OF PREVENTIVE MEASURES AGAINST MINORS SUSPECTS AND ACCUSED PERSONS 对未成年人、嫌疑犯和被告采取预防措施的有效性的专题问题
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-361-366
Kristina Titova
The article deals with topical issues of the effectiveness of the use of preventive measures against juvenile suspects and accused persons. Based on the study of legal literature, judicial and investigative practice, the author analyzes the effectiveness of the use of preventive measures against minor suspects and accused persons, and focuses on controversial issues that require special attention.
该条涉及对少年嫌疑犯和被告人使用预防措施的有效性这一热门问题。笔者在研究法律文献、司法和侦查实践的基础上,分析了对未成年犯罪嫌疑人和被告人使用预防措施的有效性,并着重讨论了需要特别注意的争议问题。
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引用次数: 0
LEGAL ISSUES OF THE ACTIVITIES OF LOCAL SELF-GOVERNMENT BODIES OF THE REPUBLIC OF CRIMEA IN THE PROVISION OF SERVICES TO THE POPULATION: ASSESSMENT OF EFFICIENCY AND WAYS OF IMPROVEMENT 克里米亚共和国地方自治机构在向人民提供服务方面的活动的法律问题:效率评估和改进途径
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-367-374
A. Sibileva
This study examines and analyzes the concept and essence of the provision of municipal services, both on the territory of the Russian Federation as a whole, and, in relation to certain issues, in the Republic of Crimea. An acquaintance is carried out and a statistical analysis of the data contained on the Internet resource «Your Control» is carried out, according to information provided by the residents of Crimea, as a result of which three problematic aspects were identified in the provision of services to the population. The first of them concerns the issues of providing municipal services in order to implement the principle of «one window». A normative definition of this principle is given, as well as an assessment of the effectiveness of its short existence is carried out. The second problematic issue is the provision of municipal services in digital (electronic) format. In addition to the banal shortcomings of the appropriate level of technical support, attention is drawn to general legal shortcomings. And the third problem is the procedure for obtaining information regarding the official publication of newly adopted municipal legal acts. As a result of the study, possible options for improving the current legislation in the selected area were proposed.
本研究审查和分析了在整个俄罗斯联邦领土上以及在克里米亚共和国就某些问题提供市政服务的概念和本质。根据克里米亚居民提供的信息,对互联网资源“您的控制”上的数据进行了认识和统计分析,结果发现,在向居民提供服务方面存在三个问题。第一个问题涉及提供市政服务的问题,以实施“一个窗口”的原则。给出了这一原则的规范定义,并对其短暂存在的有效性进行了评估。第二个问题是以数字(电子)形式提供市政服务。除了适当水平的技术支助的平庸缺点外,还应注意一般的法律缺点。第三个问题是新通过的市政法律文件正式公布的信息获取程序。根据这项研究,提出了在选定领域改进现行立法的可能选择办法。
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引用次数: 0
THE SYSTEM OF EXECUTIVE AUTHORITIES IN THE SPHERE OF MIGRATION: CURRENT PROBLEMS AND SOLUTIONS 移民领域的行政机关制度:目前的问题和解决办法
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-89-99
K. Trifonova
Abstract: The topic of migration is relevant and significant for society and the state. The legal component of migration, the quality of normative regulation, legal and organizational support for the activities of public authorities in the field of migration, authorized to implement migration policy, do not always correspond to the rapidly developing legal relationship, especially in the context of the coronavirus pandemic. And in this regard, the author identified a number of problems that require their prompt legal solution. The author of the material proposed a classification of executive authorities in the field of migration. In order to solve one of the problem — the delimitation of powers between the bodies exercising competence in the field of migration policy, as the author notes, individual scientists are invited to develop and adopt a special Federal Law dedicated to the delimitation of such powers. The author focuses on the fact that there is a need to distribute powers between various subjects of migration policy, substantiates the need to identify criteria based on which these powers will be distributed. In particular, the main body of state power in the field of migration should be, in fact, the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia. Also, it is the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia that should be responsible for coordinating the activities of other state bodies implementing policies in the field of migration. In conclusion, the author points out that the improvement of state policy in the migration sphere, which is also associated with the strengthening of the law enforcement component of the activities of the subjects of migration policy. Without the interaction of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia with other federal executive bodies in legal regulation in the field of migration, as well as in the implementation of law enforcement functions for federal state control (supervision) in this area, it is impossible to stabilize the migration situation in the country and ensure the national security of the Russian Federation.
摘要:移民问题对社会和国家都具有重要的现实意义。移民的法律组成部分、规范性法规的质量、对移民领域公共当局活动的法律和组织支持(授权执行移民政策)并不总是与迅速发展的法律关系相对应,特别是在冠状病毒大流行的背景下。在这方面,发件人指出了一些需要迅速通过法律解决的问题。该材料的作者建议对移徙领域的行政当局进行分类。如作者所指出的,为了解决其中一个问题- -在移徙政策领域行使职权的机构之间划分权力的问题,请个别科学家制订和通过一项专门界定这种权力的特别联邦法。作者着重指出,有必要在移民政策的各个主体之间分配权力,并证实有必要确定分配这些权力的标准。特别是,移民领域的国家权力主体实际上应该是俄罗斯内务部的内务总局。此外,俄罗斯内务部内务总局应负责协调其他国家机构在执行移民领域政策方面的活动。最后,作者指出,移民领域国家政策的改善,也与移民政策主体活动的执法部分的加强有关。如果没有俄罗斯内务部内务总局与其他联邦执行机构在移民领域的法律规制以及在这一领域执行联邦国家控制(监督)的执法职能方面的相互作用,就不可能稳定该国的移民局势并确保俄罗斯联邦的国家安全。
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引用次数: 0
DIVISION OF TRANSACTION INTO OBLIGATORY AND ADMINISTRATIVE ONES: PROSPECTS FOR LEGISLATIVE CONSOLIDATION 交易分为强制性交易和行政性交易:立法巩固的前景
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-272-279
E. Ostapova
This article provides a legal assessment of the prospects for legislative consolidation in Russia of the division of transactions into obligatory and administrative, the opinion about the need for which is expressed in the science of civil law. Supporters of the idea of ​​administrative transactions as such consider the actions of the parties to execute the contract. Meanwhile, the position of scientists who reject the idea of ​​administrative transactions seems to be more consistent with the civil legislation of Russia, since the current civil legislation does not give grounds to consider the actions of the parties to the agreement on its execution as transactions. Otherwise, the transaction will be deprived of its main feature — the free expression of the will of the parties, since the fulfillment of obligations does not imply such an expression of will. In support of his position, the author made an attempt to refute the arguments that the assignment of rights presupposes the expression of the will of the parties to conclude an agreement and a separate expression of their will to make the assignment, that is, the execution of an administrative transaction in pursuance of the specified agreement.
本文对俄罗斯将交易划分为强制性交易和行政性交易的立法巩固前景进行了法律评估,并从民法科学的角度阐述了其必要性。行政交易概念的支持者考虑了当事人执行合同的行为。同时,反对行政交易的科学家的立场似乎与俄罗斯民事立法更加一致,因为目前的民事立法没有理由将协议执行各方的行为视为交易。否则,交易将失去其主要特征- -当事人自由表达意志,因为履行义务并不意味着这种意愿的表达。为了支持他的立场,发件人试图驳斥下述论点,即权利转让的先决条件是当事人表示愿意缔结一项协议,并单独表示愿意进行转让,即按照具体的协议执行一项行政事务。
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引用次数: 0
PRINCIPLES OF PROTECTION BY THE PROSECUTOR IN JUDICIAL ORDER OF PUBLIC INTERESTS IN THE FIELD OF USE AND PROTECTION OF SPECIALLY PROTECTED NATURAL TERRITORIES 在使用和保护特别受保护的自然领土方面,检察官在司法秩序中保护公共利益的原则
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-105-113
S. Berdinskikh
The defense by the prosecutor in court of public interests in the use and protection of specially protected natural areas is one of the priority directions of the prosecutor’s activity. At the same time, the theoretical foundations, including the methods for carrying out this activity, are currently not fully formed. Principles are the cornerstone of both theory and practice. In this regard, the author, taking into account the available approaches, formulated the principles for the implementation and organization of the activity in question, the construction and content of the methodology, the assessment of evidence in cases of protection of public interest in the use and protection of specially protected natural areas.
检察官在法庭上为特殊自然保护区的使用和保护中的公共利益进行辩护是检察官活动的优先方向之一。同时,理论基础,包括开展这一活动的方法,目前还没有完全形成。原则是理论和实践的基石。在此基础上,笔者结合已有的方法,制定了实施和组织该活动的原则、方法的构建和内容、保护自然保护区使用中的公共利益和保护的证据评估。
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引用次数: 0
POTENTIAL INFLUENCE OF MORAL AND LEGAL VALUES ON THE LEGISLATIVE PROCESS 道德和法律价值观对立法过程的潜在影响
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-313-317
A. Kuzubova
The article is devoted to the study of the legal nature of the impact of moral and legal values on the legislative process. The semantic significance of subjective moral and legal values of legislators is emphasized, the expediency of moral examination of draft laws in order to create effective legal implementation mechanisms is substantiated. As a result of the conducted research, it is concluded that it is necessary to conduct moral examinations of draft laws in the context of the need for congruent functioning of moral and legal values.
本文致力于研究法律性质的道德和法律价值对立法过程的影响。强调了立法者主观道德和法律价值的语义意义,论证了对法律草案进行道德审查以创造有效的法律实施机制的权宜之计。根据所进行的研究,得出的结论是,有必要在需要道德和法律价值一致发挥作用的背景下对法律草案进行道德审查。
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引用次数: 0
APPLICATION OF THE CIVIL LAW INSTITUTE OF ANALOGY IN THE REGULATION OF PUBLIC RELATIONS IN THE FIELD OF LABOR 民法类比制度在劳动领域公共关系规制中的应用
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-340-348
V. Procevskij, V. Koval
The article examines the current trends in the market of legal regulation of labor by the norms of civil law. The intersectoral interaction of civil and labor law is analyzed thanks to the civil law institute of analogy. The controversial issues related to the regulation of public relations in the field of labor are considered. The scientific theories of domestic scientists in the field of civil and labor law are critically analyzed, the international legal experience of regulating public relations in the field of labor by the norms of civil law is used. It is proposed to solve the problems of regulating social relations in the sphere of labor due to the insufficient regulation of such legal relations by special norms in other branches of law and appropriate amendments and additions are made to the legislative framework of the Russian Federation.
本文从民法规范的角度考察了当前劳动法律规制市场的发展趋势。运用民法类比法分析了民法与劳动法的跨部门互动。讨论了劳动领域公共关系规制的争议性问题。批判性地分析了国内学者在民法和劳动法领域的科学理论,借鉴了以民法规范规范劳动领域公共关系的国际法律经验。建议解决由于其他法律部门的专门规范对劳动领域的法律关系规范不足而导致的调节劳动领域社会关系的问题,并对俄罗斯联邦的立法框架进行适当的修改和补充。
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引用次数: 1
LEGAL AND REGULATORY FRAMEWORK FOR ENSURING THE MENTAL SECURITY OF THE RUSSIAN FEDERATION 确保俄罗斯联邦精神安全的法律和监管框架
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-171-180
E. Obrinskaya
Mental threats to individual and group identity lead to a large-scale crisis and jeopardize the future of Russia and the Russian world as a civilizational (not ethnic) project. Globalization processes and their specific side effects pose a significant danger to the mentality. The most serious destructive effect on the mentality is exerted by external manipulation practices, in particular, by the instruments of “soft power”. The problem of external influence is becoming one of the most important problems of ensuring national security in the modern world. An orientation is being formed not only on passive protection, but also on preventive actions in this area. The legal and regulatory framework for the mental security of the Russian Federation is fully consistent with the emerging threats and the necessary efforts to counter them. At the same time, there are opportunities for its improvement in the direction of the final separation of mental security into an independent integral segment of national security, which will make it possible to more effectively solve the problems and tasks that arise in this area.
对个人和群体认同的精神威胁会导致大规模的危机,危及俄罗斯和俄罗斯世界作为一个文明(而非种族)项目的未来。全球化进程及其具体的副作用对这种心态构成重大危险。对心态最严重的破坏性影响是由外部操纵行为,特别是“软实力”工具施加的。外部影响问题正在成为当今世界保障国家安全的最重要问题之一。目前正在形成的方向不仅是被动保护,而且是这方面的预防行动。俄罗斯联邦精神安全的法律和管理框架完全符合正在出现的威胁和对付这些威胁的必要努力。与此同时,在将精神安全最终分离为国家安全的一个独立的组成部分的方向上,也有改进的机会,这将使更有效地解决这一领域出现的问题和任务成为可能。
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引用次数: 0
MODERN LEGAL RELATIONSHIP IN THE CONTEXT OF THE THEORY OF CORRELATION OF SUBJECTS OF LAW 现代法律关系背景下的法律主体关联理论
Pub Date : 2023-02-20 DOI: 10.29039/2413-1733-2021-7-4-10-15
S. Vasiliev
In modern conditions, jurisprudence is very often confused with bureaucracy. This circumstance is due to the fact that everyone is accustomed to accurately and rigorously comply with each letter of the law and another, even not the most significant legal act in terms of legal force. At the same time, one has to face the fear of fulfilling this or that provision incorrectly, which leaves an imprint not only on the well-being of citizens, but also creates a certain negative tension when contacting public authorities, state or municipal institutions, etc. As a result, the law has turned from a means of resolving conflict situations and stabilizing relations in society into something that interferes with the life of an ordinary person. It seems that this happened because the “law for man” paradigm turned into “man for the law”. Such reflections prompted the author to try to formulate a theory of the correlation of subjects of law, which would determine the key positions of competent persons and bodies, not only within the framework of legal relations. Nevertheless, the latter continue to play the most significant value and will be considered in this work in more detail. The main conclusion is that the law should serve people, and not vice versa, for which, when creating it, it is necessary to take into account their real interests, what happens in life instead of modeling their behavior in the future, also using measures of state coercion.
在现代条件下,法理学常常与官僚制混淆。这种情况是由于这样一个事实,即每个人都习惯于准确和严格地遵守法律的每一个字母和另一个,即使不是在法律效力方面最重要的法律行为。与此同时,人们必须面对不正确履行这个或那个规定的恐惧,这不仅会给公民的福祉留下印记,而且在与公共当局,州或市政机构等联系时也会产生一定的负面紧张。结果,法律从解决冲突局势和稳定社会关系的手段变成了干扰普通人生活的东西。这似乎是因为“法律为人”的范式转变为“人为法律”。这种思考促使作者试图制订一种法律主体相互关系的理论,这种理论不仅在法律关系的框架内,而且将决定有能力的人和机构的关键地位。然而,后者继续发挥最重要的价值,并将在本工作中更详细地考虑。主要结论是,法律应该为人民服务,而不是相反,因此,在制定法律时,有必要考虑到他们的真正利益,生活中发生的事情,而不是在未来模仿他们的行为,也使用国家强制的措施。
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引用次数: 0
期刊
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science
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