Vol 8, No 1 (2024)

The ethical and legal problems of artificial intelligence’s comprehensive integration into the public environment, its impact on the human life sphere are investigated. The intensity of the ongoing changes requires not only full-fledged legal regulation, but also a comprehensive study of both the positive aspects of innovations, as well as the foresight of possible threats and the formation of adequate protective mechanisms from the law point of view, from the standpoint of human moral values. It is a systematic approach and the possible negative consequences’ prevention of the artificial intelligence use that should shape the goal-setting of the development and implementation of such systems. Using scientific cognition methods, such as analysis, synthesis, system-analytical, formal-logical, system-legal, various approaches to understanding the definition of “artificial intelligence” have been studied, taking into account all the features of such systems, the necessary ways to solve the identified gaps in legal regulation related to determining the place of objects and artificial intelligence systems in the legal space. The social and practical significance of the development of robotics is touched upon, while attention is focused on the regulation of possible risks. It is concluded that it is the compliance of the functions performed by artificial intelligence with the ethical and moral canons of society that should be decisive in solving issues of responsibility. Separately, proposals are presented to determine civil liability both in cases of direct harm by robots with artificial intelligence, and in cases of damage or destruction of an artificial intelligence system by a third party to their owner.

At turning points in the history of the development of any state, the underworld is noticeably transformed. During periods of political destabilization, crisis phenomena in the socio-economic, cultural spheres of society, the crime situation in the country, as a rule, worsens. At the same time, during the collapse of the statehood foundations, the criminal world not only transforms, but changes the vector of its development. Such a period in the history of Russia was the revolutionary events of 1917 and the civil war – a time of radical breakdown of all state institutions, socio-economic and spiritual-moral foundations, which became the starting point for the formation and development of a monolithic and well-organized professional Soviet underworld. The purpose of the study is to analyze the features of determination and conditions for the development of professional crime in the first years of the establishment of Soviet power. To achieve this goal, the following tasks are being solved: to study the features of the development of the domestic professional underworld in the conditions of political instability of the 1917–1920s; determine the essence of the ideological confrontation between representatives of the “tsarist” criminal world and the “new” Soviet one in the first years of the establishment of Soviet power; identify the determinants of the development of professional crime in Russia during the period under study. In the process of work, the method of synthesis, analysis, generalization, and comparative legal method are used. It is proven that against the backdrop of pronounced political instability of the 1917–1920s, which led to a crisis of traditional legal consciousness, erosion of spiritual, moral and religious values, deterioration of the socio-economic situation of the majority of the population, there was a sharp aggravation of the crime situation and, as a result, especially the active development of professional crime, which during the period under study created a real threat not only to society, but also to the national security of the state.

The purpose of the study is to conduct a criminal law analysis of Articles 355 and Articles 356 of the Criminal Code of the Russian Federation, which provide for liability for the circulation and use of weapons of mass destruction, to identify the features of their norms, as well as the relationship with the draft articles, which include the elements of crimes in the field of illicit trafficking and use of weapons based on new physical principles. The author of the scientific article used general and private scientific methods: the analysis of the norms of national and international legislation prohibiting the circulation of weapons of mass destruction, as well as the scientific approaches of scientists in the field of international humanitarian law, public international law and comparative law have also been studied. The main results of the work consist in the fact that the author of the study proved the fundamental difference between the elements of crimes provided for in Articles 355 and 356 of the Criminal Code of the Russian Federation, establishing criminal liability for the circulation and use of weapons of mass destruction and the elements of crimes provided for in draft Articles 222.3. and 222.4. of the Criminal Code of the Russian Federation on the prohibition of illegal trafficking and use of weapons based on new physical principles. The necessity of their differentiation and, accordingly, the expediency of criminalizing criminal acts committed with the use of weapon based on new physical principles is justified. The results of scientific research were tested during the International Scientific Readings “Law. Bar. Notary”, organized by the Russian Academy of Lawyers and Notaries on April 19, 2023, as well as within the framework of the 3rd International Scientific Student Conference “Current Problems of International Law in the context of challenges to maintaining peace and security”, organized by the Moscow State Institute of International Relations (MGIMO) The Russian Foreign Ministry on April 25, 2023 and other scientific and practical events. The proposals formulated in the study can be used in the legislative process, as well as in establishing criminal liability in the law enforcement practice of existing criminal law norms.

Current issues related to the legal protection of water bodies, ensuring their increasing value in modern conditions, are revealed. The issues of legal protection under consideration are relevant both at the international and domestic levels. The purpose of the study is to consider the negative impact of the weakening of the administrative regime in the field of environmental protection, which affects the application of measures of criminal law and procedural coercion against those responsible for causing significant harm to natural resources. Administrative law is closely related to criminal law; therefore, in practice, administrative penalties prevent damage to the objects of encroachment (public relations in the field of rational use of natural resources), which can develop into a socially dangerous consequence of the crime. General scientific and specifically legal methods are used as research methods. The main attention is paid to the method of analysis. It is established that the creation of a unified basic methodology that would help investigative and inquiry authorities increase the percentage of detection of criminal and administrative cases of environmental crimes is currently not possible. The intersectoral nature and blanket nature of the norms significantly distinguish such acts from each other. The lack of professional training of investigators and interrogators, the lack of knowledge and special literature on the investigation of environmental crimes, of course, cannot have a positive effect on curbing crime in this area.

A scientific analysis of the issue of the object of legal regulation has been carried out. It is concluded that it is social relations that constitute the subject of criminal law. The conclusion is argued in favor of the point of view of individual scientists that social relations protected by criminal law exist objectively and independently of the latter. Special attention is paid to the issue of the relationship between the categories of criminal law regulation and socio-legal impact on social relations. The author’s position is formulated on the issue of the legal correctness of the term criminal legal impact on social relations, and a conclusion is made about a more correct and preferable phenomenon – social and legal impact, since in real life there is an implementation of the criminal legal norm and the consequences of its impact are not in pure form, but only in the context of the whole variety of social instruments, the totality of actual legal connections and forms of social cognition. The thesis is argued that the commission of a crime as a legal fact causes the emergence of new criminal legal relations, but only to the extent and within the limits of those specific legal connections regarding human rights and freedoms that were violated by this crime. Consequently, the author proposes to talk about the emergence, existence, and functioning of independent criminal legal relations only conditionally, since in each specific case the crime distorts and violates certain socially useful legal relations protected by criminal law.

The relevance of the stated topic is due to the ongoing changes and transformations in the field of education, where the key factors are the commercialization and digitalization of education with the simultaneous expansion of subjects authorized to carry out educational activities. This also determines the presence of a large number of such objects of copyright, among which may, for example, be educational programs, advanced training courses, teaching materials, lecture courses, scientific publications, Internet sites, presentations, etc. Under these conditions, a variety of proposals is stated in the field of education, where composite works become the main content as a substantive element. The purpose of the study is to establish the main characteristics of a composite work as an object of intellectual property. The objectives of the study were such areas of work as identifying the characteristics of a composite work, identifying types of a composite work, its elements and content features, as well as analyzing law enforcement practice in considering disputes related to the rights to a composite work or its elements. The study of doctrinal approaches and materials from law enforcement practice revealed the presence of a group of general and special features. In the context of developing trends in informatization and digitalization, the issues of establishing a legal regime in relation to the results of intellectual activity of an educational nature posted on the Internet, especially video courses and websites as types of a composite work, are becoming more relevant.

The issues of jurisdiction of disputes between economic entities to be solved through the institution of commercial non-state arbitration and the competence of arbitration institutions to consider certain types of disputes are analyzed. As a continuation of the publication in the previous issue of the journal, the arbitration legislation and arbitration practice of the Baltic states of the former USSR, such as the Republic of Latvia and the Republic of Estonia, were researched and the activities of local arbitration institutions. There is an influence on genesis of the above states legislation of Soviet and Russian law, as well as the legal traditions of some states of the European Union, especially the countries of Western Europe and Scandinavia. The Baltic republics are characterized by formed market economy at a relatively high level. The institution of commercial arbitration, as a means of resolving economic disputes, is also quite developed and in popular in the legal and economic systems of the above states. This publication analyses the legal issues of arbitrability of disputes in legal systems of Latvia and Estonia, national and international legislation governing these issues. Conclusions have been developed about the main advantages and disadvantages of legal regulation of institution of arbitration in above states.

Corruption is one of the main threats to the national policy of the Russian Federation, impeding socio-economic development, the effective functioning of public authorities and the formation of civil society. Corruption control should be carried out as a result of a systematic approach aimed both at identifying offenses and eliminating the causes of their occurrence. The main provisions of national legislation aimed at combating the socio-legal phenomenon under consideration, as well as the norms enshrined in international legal acts, are studied. It is concluded that the Russian legislation aimed at countering corruption activities is an interdisciplinary institution, as a result of which it is based on the norms of various branches of law, in particular, criminal, administrative, civil and others. One of the features of countering corruption in the Russian Federation is the use of the most stringent repressive measures, which is expressed in legal formalization and standardization. The trends in tightening measures of criminal and administrative legal means, sanctions for violation of restrictions and prohibitions, as well as strengthening control over ongoing anti-corruption activities are highlighted. As a result of the comparative legal analysis, it is noted that the corruption control in the Russian Federation is carried out through mandatory norms enshrined in criminal and administrative legislation, which is due to the complex corruption situation in the state.