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Volume 2, Nº 2 (2023)
Public law (state law)
Social subjects of legal relations: constitutional refrain
Resumo
In the article, the authors, based on the attributive importance of the subject in legal relations, taking into account approaches to their scientific and sectoral development, based on the analysis of the texts of the Constitution of Russia and a number of CIS countries, presented generalizations and conclusions concerning the subject of a number of constitutional legal relations. In order to reveal the specific groups of social subjects of constitutional legal relations, the paper also analyzes public subjects, which, having their own varieties, are united by involvement in the implementation of the constitutional obligation to protect human and civil rights and freedoms. The authors substantiate that the coupling of social subjects of constitutional legal relations with the rights and freedoms addressed to them solves the problems of the adequacy of human rights and restrictive measures. It is also noted that along with universal social subjects – a person and a citizen – the constitutional texts use generalized and concretized versions of the definition of such subjects through the appropriate pronouns and “personality”. With regard to the Constitution of Russia, it is concluded that “personality” is a category that unites all other names of individual social subjects.
10-15
Integrated approach of personnel training for cybersecurity: challenges and problems
Resumo
In the context of the “digital turnover” of intellectual property, the need for professional personnel to ensure cybersecurity has increased, which, taking into account the general shortage of information security specialists, significantly affects the efficiency of economic activity. The fundamental Decree of the President of the Russian Federation No. 250 dated 01.05.2022 “On additional measures to ensure information security of the Russian Federation” was adopted. The Government of the Russian Federation has approved the legal status of the responsible person and the regulations on the structural subdivision of the body (organization) in the field of cybersecurity, as well as regulatory legal acts of the FSB of Russia and the FSTEC of Russia, which have changed the idea of the role of the head and the place of cybersecurity in ensuring the digital economy in an information war. The question arises, how to prepare personnel quickly and efficiently? The analysis of the results of scientific research in this area confirms the trends of the departmental and corporate approach to the processes of personnel training. The decree establishes a unified state approach to the organization of cybersecurity of state and commercial structures related to the subjects of critical information infrastructure, as well as personnel training, taking into account uniform qualification requirements for employees. In this regard, the author suggests a number of measures to implement the Decree, in particular, involving the teaching staff in this work at the expense of budgetary funding of universities and scientific institutions for interdisciplinary research and network implementation of educational activities in this area. The solution to this problem is seen in the development of the program “Intersectoral technical, humanitarian and legal problems of information security in the conditions of ’digital turnover’ of intellectual property”. The directions of development of scientific and educational activities in order to train professional personnel to ensure the information security of the “digital turnover” of intellectual property and information protection are substantiated.
16-20
Private law (civil)
The role of the notary in the protection of family rights: trends and prospects
Resumo
The article deals with the problems of theory and practice that arise in connection with the notarization of certain types of transactions made in the field of family relations (marriage contract, agreement on the division of common property of spouses, etc.). The author has identified common features of such transactions, identified their distinctive features, proved their influence on the procedure for their notarization. The issue of the role and significance of the activities of the notary as a body providing effective protection of the rights and legitimate interests of participants in family relations is considered separately, general trends in the development of family and notarial legislation in the Russian Federation are systematized.
21-27
Criminal law
On the issue of the stage of initiation of a criminal case: it’s time for the legislator to dot the dots
Resumo
The publication discusses issues related to the assessment of the genesis and current state of the rules for the adoption by an investigator, inquirer, body of inquiry of a procedural decision to refuse to initiate a criminal case, the legality and validity of making such decisions based on the results of a procedural check of an application, a report on a crime and the negative impact of these decisions on the implementation of the right of citizens to access provided for in Article 52 of the Constitution of the Russian Federation access to justice and compensation for the damage caused by them, and is also one of the reasons for the distortion of statistical data on the state of crime.
28-34
Cyber violence – issues of concept and criminalization
Resumo
The article raises the issues of unification of the concept of violence in the Internet space. The author proposes to consider this concept through the prism of an integrative (interdisciplinary) approach. This approach will make it possible to use new and borderline knowledge about violence in the Internet space, developed in other industries, to define the legal concept of such violence. The paper notes that the legislator has developed sufficiently effective measures of criminal and administrative responsibility for offline violence. At the same time, violence in the Internet space remains outside the scope of legal regulation of responsibility, which does not provide effective protection for victims of such an abundance.
35-40
People’s control as a method of countering corruption
Resumo
The paper aims to illustrate that corruption is not solely a negative occurrence that damages public interests; it is also a force that cultivates a pessimistic outlook among citizens towards state structures. The author evaluates the extent of influence and scrutinizes the role of legal nihilism on the paradigm of civil society development and the establishment of citizens’ trust in the authorities over an extended period. By examining examples, the potential of employing the principles of people’s control as a tool for citizen-authority interaction is assessed. Options are presented to enhance the quality of the system’s functioning.
41-44