Gaps in Russian Legislation

The purpose of the article is to study the dangers associated with the appearance of robots moving in pedestrian areas. The object of the study is social relations in the sphere of interaction between pedestrians and robots. At the same time, the subject of research is the technologies underlying semi-autonomous and fully autonomous robots that affect the safety of people in contact with them. Within the framework of the research methodology, using the comparative legal method, an analysis of the main stages in the development and formation of technologies of modern robots with a high degree of autonomy was carried out.

The slogan «robots will take over our environment» is becoming a reality. Drones and ground-based delivery robots are used commercially, and semi-autonomous driving systems are standard accessories for traditional vehicles. However, while our eyes have been on the dangers and accidents of drone crashes and autonomous vehicle crashes, far less attention has been paid to the dangers of the inevitable emergence of robots sharing space with pedestrians and mingling with human traffic. These robots range from semi-autonomous or autonomous mobile platforms designed to provide multiple types of services such as assistant, patrol, guide, delivery, people transportation, etc.

We pay special attention to the dangers posed by robots moving in pedestrian traffic. In such situations, contact is not only inevitable, but may not be safe.

Purpose of the study. Legal process is characterized by continuous consecutive in time its development from stage to stage in order to achieve at the end of each stage a certain legal result, and the focus of the process to address the issue of bringing to responsibility leads to the emergence of jurisdictional process as a subspecies of legal process. This allows to attribute the tax process to the category of jurisdictional process, in connection with which the tax process should be based on the principles of legality, objectivity (motivation), completeness (comprehensiveness), continuity and immediacy. Meanwhile, at presentn tax legislation lacks legal mechanisms that encourage or oblige tax authorities to ensure proper completeness and comprehensiveness of verification of the evidence collected in the case, including witness testimony, for their reliability in order to exclude risks of distortion of the established circumstances when making a decision.

Conclusions.  It is proposed to divide all powers of tax authorities into three main groups on the basis of the presence of connection with the tax process as exclusively related to the tax process, having an alternative connection with the tax process and having no connection with the tax process. Justified the introduction of a new tax and verification activity in the tax process in the form of confrontation, the conduct of which should be recognized as mandatory when revealing obvious contradictions in the testimony of previously questioned witnesses, with attribution of confrontation to the second group of powers of tax authorities.

The article is devoted to the Study of the constitutional and legal mechanism for regulating the right to housing of certain categories of citizens in Russia. The article defines the concepts of "regulation" and "constitutional and legal mechanism of regulation", and also discusses various approaches to the definition of the latter. The authors believe that the basis of the legal mechanism of regulation is the constitutional legal mechanism of regulation. The object of the study is the inalienable constitutional rights and freedoms of man and citizen, which are vested in him by the State. The article highlights the elements of the mechanism of legal regulation: the rule of law, legal relationship, law enforcement act.

The creation of competitive digital innovations and technologies is one of the national interests of the Russian state, therefore, today it is extremely important to stimulate their development. That is why the study of territories and entities with high innovation potential is one of the conditions for achieving the goal. The purpose of the study was to identify the main problems and prospects for the development of legal regulation of innovation clusters, special economic zones, techno parks, innovative scientific and technological centers, as well as the Innovation Center "Skolkovo". Applying the formal-legal method, as well as the method of comparative-legal analysis and systematization, the author has identified common features characteristic of such territories and entities and unites them in the system of territories and entities with high innovative potential. The main gaps and other shortcomings of legal regulation of territories and entities with high innovation potential are identified, and ways to eliminate them are proposed. In particular, it is proposed to expand the use of private legal contractual principles in the framework of cooperation between the state and subjects of innovative entrepreneurship, to legislate the grounds and conditions for the formation of clusters within the boundaries of such territories and entities, as well as to include in the criteria for assessing their effectiveness the assessment of the "contribution" of residents and participants of such territories and entities to the sustainable development of the Russian state.

The purpose of the work is to try to reflect the most problematic issues that arise in the process of invalidating decisions of general meetings. Today, increased attention is paid to the organization and holding of the general meeting of owners. Many residents try to take an active part in the management of their household property, and many organizations appear whose activities are aimed at legal education in this area. In addition, there are house committee schools organized by representatives of local governments and non-profit organizations, such events are periodically held in many cities of the country. Some authors conclude that at present the mechanism of organizing and holding general meetings of owners of premises in condominiums is only being formed. Such a belief was not born out of thin air, there are a number of objective problems that often lead to the adoption of illegal decisions. It was determined that most of the problematic issues arise due to the lack of legal literacy among residents of apartment buildings. Sometimes even minor formal inaccuracies lead to disputes with other tenants, which often leads to litigation.

The purpose of the research. The article is devoted to the analysis of law enforcement problems arising in the sphere of individual housing construction. Despite the fact that in recent years the state has actively supported individual housing construction (hereinafter referred to as housing construction), both by developing and implementing various socially oriented programs, providing support measures for certain categories of the population, and by improving legislation and reducing administrative barriers, the problems of law enforcement remain. The concretization of the characteristics of housing leads to disputes in connection with the classification of constructed housing as unauthorized construction in the case of deviations from the established norms. There are also disputes of other nature, which are also considered in this article. The purpose of the study is to identify modern problems of legal regulation of housing and communal services based on the analysis of the practice of judicial enforcement and to find ways to solve them.

Results. As a result of the study, the author's conclusions are formulated on what problems of legal regulation can be defined as the most urgent and require action, as well as proposals to improve legislation in this area, proposals to change the existing wording of the norms of current law.

In connection with the launch by Russia of a special military operation to demilitarize and denazify Ukraine in accordance with the decision of the President of the Russian Federation of February 24, 2022, some unfriendly states took an active initiative to prevent the extradition of wanted persons to Russia. The refusal of foreign partners to fulfill their obligations expressly provided for by international treaties not only allows criminals to avoid criminal liability for the crimes committed, but also actually poses a threat to the national security of the Russian Federation. The article reveals the essence of the situation that has changed for the Russian Federation and the procedure for the actions of the authorized bodies in the new international legal situation. On the basis of the conducted research, some proposals have been formulated on how to overcome the current negative trend and develop adequate ways to counteract.

The purpose of the article is to analyze legislation in the field of public safety. One of the tasks of the authorized bodies in the field of public safety is to prevent illegal actions, including those committed using the Internet. However, the statistics of crimes related to the use of the Network shows an annual increase, and the existing numerous examples of the criminal posting information in the Russian segment of the Internet about the preparation for a crime and its further implementation allow us to make an assumption about the absence of an organizational and legal system for regulating the use of meaning recognition technologies and images in order to prevent a crime.

To refute or confirm the assumption made, the article analyzes the legal regulation of relations aimed at the use by authorized bodies of technological tools for recognizing malicious content on the Network in order to prevent illegal actions and identify the persons who posted this content.

Every year, the number of cases of insolvency (bankruptcy) increases in domestic law enforcement practice. Negative statistics regarding the economic condition of economic entities on the Russian market creates a challenge to the financial security and sovereignty of the state. At the same time, some of the precedents of insolvency (bankruptcy) of an organization are carried out in violation of civil or procedural norms, and some more of such actions include criminogenic signs that are subject only in some cases to qualification under articles 195-197 of the Criminal Code of the Russian Federation. Such a criminogenic situation indicates a high level of latency of the elements of crimes that establish criminal liability for unlawful bankruptcies, which is due to the complexity of the dispositions formed in the criminal law. In this regard, there is an increasing need for the formation of legislative innovations in the field of overcoming the determinants of the commission of illegal cases of insolvency (bankruptcy) and in order to overcome the problems arising in the process of financial investigation of crimes from the group under consideration.

Purpose: The paper discusses the cultural identity of Russia-Eurasia nations as the basis of the Eurasian concept of criminal legal procedure. The geographical element of the cultural identity is thoroughly investigated. The purpose of the research is to charactirize the geographical element of culture and to reveal its manifestation in the criminal procedure. One of the objectives is to reveal the moral content of the criminal procedure using the notion of “developmental site” and making account of interrelation of this cultural element with other (Turanian and Orthodox) elements.

Conclusions: It is concluded that the geographical element of the cultural identity influences significantly the development of legal relations within the criminal procedure, both independently and in combination with other (Turanian and Orthodox) elements of Eurasian culture. The key notion in the Eurasian concept of criminal procedure is “developmental site” which reveals itself as the spititualized Russia-Eaurasia territory where criminal crimes solution and investigation are pursued. The developmental site is a whole of climatic conditions and environment as well as moral values of Russian nationality manifested in the criminal procedure relations and embodied in the parties to such relationship. It is also argued that the liberal interpretation of the place of investigative and other legal proceedings purely as a combination of land, water, air and people who live on the territory is unacceptable and invalid.

The purpose of the research. Since the beginning of the 90s. In the 20th century, the Russian Federation set a course towards building a rule-of-law state, which is directly expressed in the tasks of criminal proceedings. The current criminal procedural legislation is, first of all, aimed at protecting the rights and legitimate interests of individuals and organizations who have suffered from crimes, protecting individuals from illegal and unfounded accusations, convictions, and restrictions on their rights and freedoms. But at the same time, already at the stage of initiating a criminal case, a person whose rights have been violated faces a number of difficulties associated with the implementation of a mechanism to ensure access to justice.

Thus, after registering a report of a crime in accordance with Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation, the period for verifying the fact stated in the statement begins to count. After the deadline for checking a report of a crime has expired, the authorized official makes a decision to initiate a criminal case or issues a decision to refuse to initiate a criminal case. Most often, the refusal to initiate a criminal case is made unreasonably, without conducting a full and comprehensive study of the circumstances based on the audit material. Which leads to a violation of the rights and legitimate interests of the person against whom this or that illegal act was committed. In addition, at this stage, difficulties arise in appealing an illegal decision of an official, since the Code of Criminal Procedure of the Russian Federation does not contain a rule regulating the procedure for familiarizing the applicant with the inspection materials, which represents a gap in the current legislation and makes it difficult for a potential victim to access justice. This is confirmed by numerous examples from practice. Thus, similar examples are contained: in the Plenum of the Supreme Court of the Russian Federation (paragraph 2 of the resolution of February 10, 2009 No. 1 “On the practice of courts considering complaints in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation”), in the cassation ruling of the Supreme Court of the Russian Federation (No. 16-CAD22 -2-K4 dated April 22, 2022), etc.

Without initiating a criminal case, it is difficult to imagine a mechanism to ensure access to justice and the implementation of the right to access to justice. Since when such situations arise, a violation of the provisions of Article 52 of the Constitution of the Russian Federation occurs, which defines the definition of access to justice, which is unacceptable in a rule-of-law state.

Results. An analysis of the problems of access to justice at the stage of initiating a criminal case allowed us to draw a conclusion about the existing shortcomings of the current legislation, which in practice become significant obstacles to the protection of violated rights and legitimate interests through criminal proceedings. The author has put forward proposals to eliminate these shortcomings.

In the article, based on the study of the provisions of criminal legislation on necessary defense, scientific literature and judicial practice, the problems of a legislative approach to assessing the legality of the behavior of women victims of crimes of domestic violence are identified. The types of immoral and illegal behavior of the encroaching person, which are important for the qualification of the crime committed against him, are considered. All the author's conclusions are based on the positions of the courts of the Russian Federation and the analysis of research in this field of scientific knowledge.

The purpose of the research. The article analyzes the evolution of the property tax object in Russian legislation in the period from the second half of the 19 th to the 20 th centuries, and also determines the role of the property tax at certain stages of the historical and legal development of Russia. The purpose of the research is to identify patterns within the framework of the historical and legal evolution of the property tax object in historical retrospect.

Conclusions. The period from the middle of the 19th century to 1917 is characterized by the abolition of serfdom, which led to the abolition of the poll tax, a return to the property principle of taxation, the list of objects of property taxation gradually expanded due to the introduction of a real estate tax since 1863, a state apartment tax since 1893, vehicle tax since 1903, tax on telephone sets since 1914. The abolition of private ownership of land and buildings according to the Decree of the All-Russian Central Executive Committee of August 20, 1918 predetermined the subsequent development of the legal regulation of property taxation in the Soviet state and the revision of the taxation procedure previously in force in the Russian Empire. After 1920, property taxation was carried out in the form of personal income tax.

From the middle to the end of the 20th century, the procedure for taxation of property was revised, followed by the allocation of taxes on various property objects, land tax, real estate tax, and transport tax.