№ 2 (2025)
- Жылы: 2025
- Мақалалар: 6
- URL: https://journals.rcsi.science/2454-0706/issue/view/24704
Бүкіл шығарылым
Articles
The results of the 2024 parliamentary elections in Uzbekistan and the modernization of electoral processes
Аннотация
The purpose of this study is to analyze the specifics of the parliamentary elections in Uzbekistan in 2024 in the context of ongoing political reforms and democratization of the country, with an emphasis on assessing the effectiveness of the new mixed electoral system, the level of political competition, civic participation, and transparency of the electoral process. Special attention is given to the introduction of a mixed electoral system that combines proportional and majoritarian representation, reflecting a significant shift from previous electoral frameworks. This mixed system aims to balance the representation of diverse political interests while maintaining stability within the government. Furthermore, the adoption of technological innovations like electronic voting and optimized ballot designs is discussed. Positive changes aimed at increasing transparency in the electoral process are also highlighted, particularly the enhanced involvement of women and ethnic minorities in politics. The efforts to ensure that various societal groups are represented in the parliament are a crucial aspect of these elections, as they signify a move towards a more inclusive political culture. Initiatives designed to encourage civic participation, such as public forums and awareness campaigns about the electoral process, demonstrate a commitment to engaging citizens in governance. At the same time, key challenges are identified, including limited political competition, deficiencies in civic election monitoring, and strict restrictions on campaign activities. The study concludes with the necessity for further improvements to the electoral system to strengthen democratic institutions, foster political pluralism in electoral processes. It is imperative that the government addresses these challenges by promoting a freer political landscape, ensuring the integrity of election monitoring, and protecting the rights of candidates to campaign effectively. Only through these measures can Uzbekistan move towards a truly democratic society where the voices of all citizens are heard and valued in the political arena.
Law and Politics. 2025;(2):1-11
1-11
Nationalization, Expropriation, and Confiscation as the Grounds for Termination of Property Rights by the Will of the State: A Comparative Analysis
Аннотация
The article is devoted to the legal analysis of mechanisms for the forced termination of property rights at the initiative of the state, including nationalization, expropriation, and confiscation. In modern conditions, especially in light of geopolitical changes, seizure of private and corporate property has gained particular significance. The study examines the theoretical foundations of these legal institutions, their regulatory framework in Russian legislation, and their compliance with international standards. Special attention is given to the practice of nationalizing the property of foreign companies and individuals, particularly in the context of economic sanctions and political decisions. Author analyzes existing gaps in legislation, such as the lack of clear definitions of expropriation and procedural mechanisms for nationalization. Various regulatory models in foreign countries, including the United States, European Union states, Venezuela, and Germany, are explored. The legal consequences of forced property seizure and possible directions for improving Russian legislation to enhance its predictability and protect property owners' interests are also considered. The study employs a comparative legal method to identify key differences between nationalization, expropriation, and confiscation. Historical, formal-legal, and doctrinal research methods are also used. The article's scientific novelty lies in the systematization of concepts, identification of legal characteristics and distinctions among these institutions. The author argues for the necessity of defining expropriation in Russian law and developing a special nationalization law to ensure procedural clarity and property rights protection. The study demonstrates that nationalization is recognized in international practice as a legitimate state policy tool, provided fair compensation is ensured. The analysis of foreign experience, particularly in the U.S. and EU countries, confirms the importance of a legislatively established compensation mechanism for forced property seizure. Based on the research findings, recommendations are proposed to improve Russian legislation, eliminate legal uncertainty, and establish balanced regulation of these institutions.
Law and Politics. 2025;(2):12-22
12-22
Digital currencies in the system of objects of legal relations
Аннотация
The subject of the study is the change in the policy of the Central Bank of Russia towards digital currencies, which resulted in the introduction of an experimental legal regime for their use in the field of international settlements. The legislative classification of cryptocurrencies as property has once again raised the issue of the place of digital currencies in the system of property relations. The digitalization of all spheres of public life has led to the transformation of the entire Russian legal system. The most debated and unresolved issue remains the legal regime of digital currencies in Romano-German law. The article provides a comparative analysis of the features of cryptocurrency, fixed by law, with its essential characteristics and features of other objects of civil rights: things, money, rights of obligations, digital rights. The similarity of cryptocurrencies with disembodied things is being investigated. A comprehensive methodological approach was used in the study of the existing scientific controversy. Based on analysis of the current legislation, as well as a comparative analysis of the legal regimes of various types of property, a conclusion is drawn about the specific nature of digital currency and the need to consolidate it in the Civil Code of the Russian Federation as an independent object of rights. The article is the first comprehensive study determining the place of digital currencies in civil legislation, conducted taking into account the changes In the Tax Code, which entered into force on January 1, 2025, the authors examined the positions of both Russian and foreign scientists conducting research on various legal systems. The current regulatory legal acts are examined and the incorrectness of the formulations used is pointed out. According to the results of the analysis, it is noted that it is impossible to fully attribute digital currency to the list of objects of property relations fixed in the Civil Code of the Russian Federation. In this regard, it is concluded that it is necessary to expand the list of objects of civil rights contained in Article 128 of the Civil Code of the Russian Federation, and an author's edition of this article is proposed.
Law and Politics. 2025;(2):23-35
23-35
The social danger of cartels and the purpose of their criminalization
Аннотация
The recognition of an act as a crime is an expression of recognition of the public danger of such an act. One of the acts prohibited by the Criminal Code of the Russian Federation is the restriction of competition (Article 178 of the Criminal Code of the Russian Federation). Competition is the fundamental idea of a market economy and the basic idea of the long-term development of the state economy and the well-being of citizens in the modern world. In this regard, it is justified not only to support it, but also to protect it from the state. At the same time, questions often arise about the need to protect it within the framework of the criminal law order, which leads to talk about the need to decriminalize cartels. The above issues, in turn, arouse scientific interest in the study of the crime itself and its impact on public relations. As you know, one of the principles of crime is public danger. At the same time, there is no unified approach in theory to understanding the social danger of cartels. The prevailing judicial practice also creates difficulties, indicating the presence of criminal law cartels only at auctions (when allocating budgetary and near budgetary funds). These circumstances led to the study of the understanding of public danger in general (as a concept) and the public danger of cartels in theory and in practice, in particular, as well as the study of two opposite approaches: decriminalization and tougher penalties for cartels. The methods of logical and analytical analysis of scientific papers, domestic and international legislation were used in the work. The author analyzes approaches to the interpretation of public danger, in particular economic crimes (which include Article 178 of the Criminal Code of the Russian Federation) and gives his own conclusions about the interpretation of this understanding. The author analyzes judicial practice, theoretical approaches and draws conclusions about the goals of criminal punishment of cartel participants. Thus, the author came to the conclusion that the priority goal of criminalizing cartels is harm caused to the state budget, and not to the interests of economic entities operating in competitive markets. These conclusions are relevant for persons engaged in both theoretical research on the issue of criminal liability for restricting competition, and for persons engaged in law enforcement and law-making activities in the field of competition protection.
Law and Politics. 2025;(2):36-51
36-51
The constitutional prohibition of the use of evidence obtained in violation of the law in the practice of the Supreme Court of the Russian Federation
Аннотация
The work delves into the history of the application of the constitutional rule prohibiting the use in court of evidence obtained in violation of the law. The author achieves the goal of identifying systemic contradictions in the practice of the Supreme Court of the Russian Federation – a balance between the letter of the law and the search for truth. Since 2017, the courts have begun to sift out only evidence with "significant" violations, leaving a loophole, which is proposed to be called the "principle of good faith violation." However, the boundary between significant and non-essential violations has not been marked. This research made possible to trace the case law transition from rigid formalism to a flexible system for assessing violations. Current case law does not contain clear criteria for assessing the materiality of violations, which creates legal uncertainty and does not allow predicting the outcome of judicial discretion. The methodology of the work is based on the study of acts of the Supreme Court of Russia, using methods of analysis and the comparative legal method. The author proposed, by means of a Resolution of the Plenum of the Supreme Court of the Russian Federation, to consolidate the classification of criteria for the materiality of violations, which reflects the novelty of the study. Such a system will stop the "patronage of the prosecution": judges will stop turning a blind eye to violations of the investigation, and the accused will receive predictable guarantees. In order for the idea to work, it is necessary to consolidate the rules in a new resolution of the Supreme Court Plenum, which will become a bridge between the theory of law and judicial reality. The results of the study should be considered as a tool for reform, which will allow achieving a balance between formalism and objective truth. The evolution of approaches to the admissibility of evidence in Russian criminal proceedings reflects a deep conflict between formal guarantees of legality and the pragmatics of law enforcement. The introduction of the "period of objective truth" in 2017, fixed by Resolution No. 51 of the Plenum of the Supreme Court of the Russian Federation, shifted the focus from the unconditional exclusion of evidence violating the law to an assessment of its materiality. This gave rise to the "Principle of Good Faith Infringement", which allows preserving the evidentiary value of materials obtained with procedural violations if the court characterizes them as insignificant. However, the lack of clear criteria for materiality has led to legal uncertainty, weakened protection of the rights of the accused and risks of abuse by the investigation. The dualism between constitutional prohibition and case law threatens the rule of law by transforming procedural guarantees into a flexible prosecution tool.
Law and Politics. 2025;(2):52-64
52-64
Improving the mechanism of protection of a special category of personal data
Аннотация
With the constant growth of digitalization and the use of various electronic platforms, any data leaves behind traces of information that relate to both publicly available and special categories of data. The article discusses the problems of protecting special categories of personal data in the context of digitalization and growing threats to information security. The regulatory framework of the Russian Federation, as well as international standards such as the General Data Protection Regulation, are analyzed in order to identify deficiencies in the protection of highly sensitive data, including information about health, biometrics, political and religious beliefs. A comprehensive approach to improving the mechanism for protecting this data is proposed, including technical and organizational measures, strengthening legal regulation, the introduction of encryption technologies, anonymization, biometric authentication, and a risk assessment system. The article describes ways to enhance the role of Roskomnadzor in ensuring data security, including through expanding its powers and toughening responsibility for violations. The research methods are aimed at a holistic and integrative understanding of the problem, therefore, the research included an analysis of regulatory legal acts and existing mechanisms for protecting special categories of data, a study of technological aspects used to ensure security, as well as an assessment of potential threats and weaknesses in their processing. The scientific novelty lies in the development and implementation of innovative approaches and technologies that provide a higher level of security and confidentiality of specific information related to the personal lives of citizens. With the rapid development of digital technologies and an increase in the volume of data processed, personal data protection is becoming a critical task to prevent unauthorized access, use and dissemination of information. One of the key aspects of scientific novelty is the adaptation of existing legal norms to modern technological challenges, which includes the development of new methods of user identification and authentication. The conclusions of the study are aimed at developing recommendations for improving the protection of confidential information, contributing to the adaptation of national legislation to international requirements and effectively countering security threats in the field of personal data.
Law and Politics. 2025;(2):65-77
65-77