ARTICLES
The article discusses some of the topical theoretical and legal and philosophical and legal problems of lawmaking. According to the author, the efficiency of the application of legislation in the mechanism of legal regulation directly depends on the quality of lawmaking, including its ideological content and scientific elaboration. Based on the works of reputable lawyers of the past and present, the author convincingly proves that the technique of legislative activity determines the effectiveness of the adopted normative legal acts, the totality of which forms a positive law. Guided by the considerations expressed in the article, the author formulates a number of recommendations aimed at improving the legal, technical and substantive aspects of positive law in order to increase the efficiency of legal regulation.
The article examines the phenomenon of digital transformation of subjective civil rights, which is the most important characteristic of civil circulation in the information society. According to the author, digital transformation is a systemic change in the main features and content of subjective law under the influence of digital technologies, with the help of which new types of property are constructed, namely cryptocurrencies, digital rights, tokens, databases, and other virtual objects. The characteristic properties of such objects, first of all, the absence of a material substrate, that is, physical, material expression, make it difficult to characterize them as things, in the traditional meaning of this concept.
However, the needs for the development of civil turnover in the context of the digitalization of the economy makes it necessary and inevitable for the participation of various types of digital property as objects of both property and contractual rights. The civil circulation of digital objects becomes possible as a result of endowing the latter with the properties of things or actions, which implies the formation of appropriate legal regimes. Since the legal regime, as shown in the work, includes three main elements, namely, objects of rights, subjective civil rights and regulatory means, digital transformation affects all these elements, contributing to their modification.
At the same time, the main attention in the work is paid precisely to subjective civil rights, which, in a situation of underdeveloped regulatory regulation, are the main regulator of digital property turnover. Considering the prospects for the digital transformation of subjective civil rights in the context of the digitalization of civil law and order, the author comes to the conclusion that the processes considered in the work will affect not only the sphere of property rights, but also the personal non-property rights of subjects. The analysis performed allows us to formulate some proposals for improving the current civil legislation, contributing to its further reform.
Cyberspace crime is a critical threat to the information security of the state and civil society institutions. Inside global network the abuse of computer user’s trust allows organized criminal groups to achieve their economic and political goals by committing offenses in the international information space. The methods of participatory observation, comparative legal and discourse analysis show that digital transformation has weakened the influence of the state on the development of the cultural sphere of society, and computer technologies have become the object of interests of criminal structures. Digital transformation has created virtual reality based on the laws and regulations of the networked community. Civil society by rejecting most of the peremptory norms imposed by national governments for political purposes produce victims of a wide range of cybercrimes: fraud and computer misuse offences and obscene publications. Since digital transformation is a universal phenomenon that will inevitably change the life of the entire world community, it is necessary to reach a consensus on the development and implementation of modern international agreement which, on the one hand, will guarantee freedom of speech and the right of every person to access information, and on the other hand will protect citizens, states and social institutions from criminal encroachments in an actively developing digital environment.
The article provides a theoretical and comparative analysis of the constitutional and legal status of the senior official of the constituent entities of the Russian Federation — the cities of Moscow and St. Petersburg. The author highlighted the main elements of the constitutional and legal status of a senior official of a constituent entity of the Russian Federation, the classification of which became the basis for the proposed methodology for a comparative analysis of the statuses of senior officials of cities of federal significance (Moscow and St. Petersburg) in the context of regional norms.
A comparative analysis based on the proposed methodology led to conclusions about the similarities and differences in the constitutional and legal statuses of the Moscow Mayor and the Governor of St. Petersburg.
The regulation on the relationship of the central and local governments in Hungary has transformed significantly in the last decade. However, the government have strong tools for the control of the local activities, these tools are just rarely applied by the supervising authorities. The main transformation of that relationship could be observed in the field of the public service provisions. The former municipally based public service system was transformed into a centrally organised and provided model, thus the role of the local governments in Hungary has decreased. The centralisation process have been strengthened by the reforms during the COVID-19 pandemic.
In this article, the author considers persons awarded the sign “Resident of Beleaguered Sevastopol” as a new basis for classifying persons as veterans of the Great Patriotic War, introduced into the legislation of the Russian Federation in 2020, drawing an analogy with the status of persons awarded with the sign “Resident of Blockaded Leningrad » In order to improve the specified subcategory of veterans of the Great Patriotic War. According to the author, the legal relationship regarding the assignment of the federal title of veteran of the Great Patriotic War for persons who lived in beleaguered Sevastopol currently includes, in addition to the material and legal component (the fact of a person’s residence in Sevastopol during the specified period), also procedural component in the sphere of awards of the subject of the Russian Federation, which is at the discretion of the legislator of the subject of the Russian Federation. The author proposes to abandon the criterion for awarding a sign in favor of establishing in the federal law specific criteria for the residence of persons in a certain territory during the Great Patriotic War, to adopt a Resolution of the Government of the Russian Federation on the procedure for determining persons falling under the criteria of residence in these cities, so that this determination can be carried out on the entire territory of the Russian Federation, and also establish a single criterion for referring to veterans of the Great Patriotic War for residents of beleaguered Sevastopol and blockaded Leningrad, associated with the fact of living in these cities during the beleaguer (blockade).
ESSAYS
The subject of the article is the organization and conduct of official sports events in the context of the spread of the new coronavirus infection COVID-19 (hereinafter — COVID-19). The author examines the existing legal regulation in the field of epidemiological safety and the problems that arise during sports competitions, using the example of competitions in St. Petersburg.
The present article is devoted to the analysis of corruption in the optimization of the tax laws and regulations. An attempt is made to analyze the limits of the admissibility of anti-corruption regulation of tax legal relations by subordinate legal acts. With the development of public relations, there is an increase, alas, in illegal acts. Corruption is no exception. Thus, its variety is corruption in the field of tax legislation, where corruption poses a threat to the economic security of the country, distorting the system of fiscal state power and management, disrupting market reforms and, accordingly, distorting the law-abiding legal consciousness of Russian society. Individual representatives of the legislative branches of government sometimes use their powers and the rights entrusted to them for personal criminal gain. By its very nature, the verification of the law for compliance with the Constitution of the Russian Federation is addressed to the knowledge of the normative forming grounds of law, followed by a particular economic meaning. The inseparable link between all elements of the legal system and the Constitution of the Russian Federation, supported by the activities of the Constitutional Court of the Russian Federation, does not allow the main priority of the legal social state — constitutional legality, including the optimization of the process of combating corruption, tax rulemaking in the context of the coronavirus pandemic, to disappear.
The article highlights issues related to determining the jurisdiction of disputes related to the purchase of goods, works and services to meet state and municipal needs. The author comes to the conclusion that the law enforcement practice and the positions of the highest courts of the Russian Federation confirm the possibility of considering disputes arising from contracts related to supplies for state and municipal needs in the framework of arbitration proceedings.
This article examines the specifics of banking cybercrimes, their victims, as well as criminals who commit these crimes. The research method is based on statistical data from the Bank of Russia. The author concludes that improving the economic and legal literacy of the population is the most effective way to reduce the trend of banking cybercrime.