Vol 11, No 1 (2025)

В Самарском университете состоялся ежегодный научно-практический круглый стол «Антикоррупционные чтения – 2024». Он приурочен к двум значимым историческим событиям – декабрьскому законодательному пакету о противодействии коррупции, подписанному Президентом Российской Федерации 25 декабря 2008 года, и Международному дню борьбы с коррупцией (International Anti-Corruption Day), который отмечается ежегодно 9 декабря. Именно в этот день в 2003 году в Мериде (Мексика) на политической конференции была открыта для подписания Конвенция ООН против коррупции (The United Nations Convention against Corruption, UNCAC).

The subject of the article covers a number of the most significant classifications of legal collisions (normative conflicts) which are presented in the XX century foreign theory of law while little discussed in domestic Russian jurisprudence. The purpose of the article is to expound these classifications, as well as to assess their explanatory and practical potential. The relevance of the topic is due to the significance of the problems of conflict of laws in legal practice, which require a developed doctrinal toolkit accounting for the pluralism of normative conflicts and forms of dealing with them. The key sources of the research embrace the works by iconic jurists of the XX century (H. Kelsen, A. Ross, N. Bobbio, R. Alexy, etc.), including those not presented in Russian language. The result of the study is an analysis of the division of legal conflicts according to the criteria of normative hierarchy, degree of coincidence of spheres of norms’ application, possibility of legal resolution of conflict, character of norm’s operation, etc. As a general conclusion, the article emphasizes the value of the above classifications for the formation of a differentiated apparatus for dealing with norm conflicts in legal practice, as well as the need to understand their theoretical limitations, including in the domestic legal context.

The article examines the features of constitutional consolidation of freedom of labor, reveals the differences between freedom of labor and the right to work. The author draws attention to the fact that the category of freedom of work, enshrined in article 37 of the Constitution of the Russian Federation, has not yet been adequately developed in current legislation, which hinders the comprehensive implementation of the corresponding constitutional freedom. The author, considering the relationship between freedom of labor and the right to work, comes to the conclusion that the term freedom does not fully correspond to the content of the legal claims of citizens in the social and labor sphere, which reduces the constitutional potential of protecting citizens’ rights in the field of labor and employment.

The article examines the problems of protecting the honor, dignity, business reputation of citizens, legal entities when disseminating false and defamatory information by posting reviews on the Internet, including both on specialized services for publishing reviews, and on marketplace websites, pages in social networks and other information resources. Today, when information about the state of health care and the quality of medical care is of great public importance, and the right of consumers to publish reviews is an important element of the consumer protection system, a balance is needed between the right to freedom of speech and the right to protect honor and good name. In connection with a certain transformation of the type of communication, controversial situations arise related to the protection of honor, dignity, business reputation and good name both in determining the jurisdiction of this category of disputes and in establishing the person responsible for the dissemination of information, as well as in connection with the need to distinguish opinions, value judgments from statements about facts or events that are considered to be false, defamatory information. It should be noted that the information posted in reviews may be a value judgment, an expression of opinion, but create a negative impression of the activities and reputation of a person. As a result of the conducted research and based on the analysis of judicial practice, the author came to the conclusion about the need to establish legal regulation, requirements for the procedure for publishing reviews on the Internet. Considering the fact that Internet resources allow you to act anonymously, in bad faith, the author proposes to introduce a ban on the purchase and sale of fake reviews, on the use of artificial intelligence to create reviews, a ban on providing any compensation for posting reviews, or establishing civil liability for the refusal of an information resource to take measures to verify the information specified in a review and allegedly containing information that does not correspond to reality, defamatory honor, dignity, or business reputation.

Social discipline in modern society is impossible without harmonization of the cognitive capabilities of an individual and the authoritative social information about the inadmissibility of socially dangerous acts of behavior of an individual. However, the modern world, armed with information technology, rushed into virtuality, into the information space. The article provides an analysis of statistical data of the Ministry of Internal Affairs of the Russian Federation on the number of crimes committed in the digital reality. The results of the generalization of such data indicate an impressive increase in the number of cybercrimes. On the other hand, the analysis of criminal legislation demonstrates the low activity of the legislator in countering new digital challenges. The author gives a generalized description of doctrinal points of view on cybercrime and comes to the conclusion about the need to develop legislative provisions providing for the concept of cybercrimes, the rules for their qualification and investigation. Based on the experimental use of artificial intelligence, the author demonstrated the capabilities of this biocybernetic system to develop algorithms to counter criminal prohibitions. The author comes to the conclusion about the high danger of the criminal legislation lagging behind the development of digital social phenomena and connections; Over time, such a lag will become critical and may lead to the synergistic destruction of sociality both within the state and of all humanity.

The right to legal certainty is a constitutional right and ensures, among other things, the stability of the legal status of an individual and its guarantee by the state. The study found that the existing legal status of such participants in the criminal process at the stage of initiation of criminal proceedings as the applicant and the victim indicates a restriction of their right to legal certainty. The analysis of legislation and law enforcement practice allowed us to formulate a number of problems caused by the violation of the right to legal certainty when appealing a decision to refuse to initiate criminal proceedings in accordance with Article 125 of the CPC of the Russian Federation by the applicant and the victims. The article offers scientifically based solutions to the identified problems, involving the improvement of legislation in order to ensure the right of the applicant and the victim to legal certainty. The conclusions formulated as a result of the study can be used to improve the gaps in the legislative regulation of the situation of the victim and the applicant at the stage of initiating a criminal case and ensuring their right to legal certainty, including in the complaints proceedings in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation.

The relevance of the research topic is evidenced by the desire of the legislator to introduce new types of fraud in various spheres of socio-economic activity into the Criminal Code of the Russian Federation and thereby protect the interests of citizens from fraudulent encroachments. The dialectical method in combination with instrumental methods of cognition was used as a methodological basis for the study. As a result, the author comes to a number of conclusions: the prerequisites for introducing new types of fraud into the Criminal Code of the Russian Federation is the desire of the legislator to expand the liability of fraudsters by enshrining new areas of protection in the criminal law; in order to formulate criminal law provisions that are optimal in volume and content, it is necessary to introduce a blanket definitional note to Article 159 of the Criminal Code of the Russian Federation on a single subject of offense for all types of fraud; the scientific potential of forensic scientists should be directed not at “bare criticism” of the advisability of including new types of fraud in the criminal law, but at substantiating proposals for improving criminal law provisions on liability for fraud in various areas of activity.

The increasing level of drug addiction in the world community requires the Russian Federation to coordinate measures aimed at combating the illegal trafficking of narcotic drugs and similar substances. The intensifying transnational nature of crime makes it impossible to effectively combat the illegal trafficking of narcotic drugs and psychotropic substances without coordinating the efforts of interested states at the international level. The article considers approaches to establishing state jurisdiction over transnational crimes related to the illegal trafficking of narcotic drugs and similar substances. Doctrinal approaches to determining jurisdiction are considered and an analysis of international practice of applying these approaches is provided. The author examines the normative material of the UN protective conventions in the field of combating illicit trafficking in narcotic drugs and psychotropic substances and the practice of law enforcement, and also analyzes two conflicting approaches of continental and common law countries regarding the application of the obligation aut dedere aut judicare when establishing extraterritorial jurisdiction.