ARTICLES
In this paper I further develop a philosophy of technology for law and the rule of law, more specifi cally for the role of territorial jurisdiction in the protection against crime and against arbitrary use of the ius puniendi. In the face of the code- and data-driven nature of cyberspace I will discuss modern positive law as based on a text-driven jurisdiction and the main argument of the paper is that we cannot take for granted that the kind of legal protection that is offered by a text-driven criminal jurisdiction will hold in the context of cyberspatial challenges. In the fi rst section, I investigate how modern positive law-as-we-know-it was triggered by the technologies of cartography and the printing press, arguing that both modern democracy and the rule of law are affordances of these technologies, as they enabled the rise of an exclusive, monopolistic territorial jurisdiction. In the second section, I explore the scope of written legal speech acts, integrating speech act theory and philosophy of technology, explaining how the substantive and procedural principles of criminal law legality depend on the performative effect of written legal speech acts, highlighting their connection with the rise of territorial jurisdiction and the creation of an artifi cial, modern demos. In the third section, I discuss the new challenges of competing territorial jurisdictions that claim legal powers outside their territory, coupled by the challenges posed by new types of ‘brute jurisdictions’ that are based on the force of technological infrastructures that may overrule the performative effect of written legal speech acts. In the conclusions I call for keen attention to which affordances of cartography and the printing press we need to preserve in cyberspace to uphold criminal law principles such as the presumption of innocence, the right to a fair trial and the legality principle, taking note that preservation will require reinvention and imagination rather than taking for granted the mode of existence of text-driven jurisdiction.
This article describes the methods of teaching critical thinking to law students. Problems of the lack of functional literacy and weak critical thinking, which are crucial for successful professional activity in the conditions of the fourth industrial revolution, among junior students are presented. The authors propose to apply the methods of the Liberal Arts and Sciences within the disciplines of theory of state and law, history of state and law, philosophy of law, history of political and legal doctrines, history of legal science, etc. to correct functional illiteracy and form critical thinking.
This article describes history and contemporary status anti-corruption standards in the international community of states, universal and regional. There is analysis about execution of Russian Federation it’s international obligations on against corruption in this article. Considerable changes in Criminal Code about responsibility for corruption crimes are made after ratifi cation Criminal Law Convention on Corruption. Russia is successfully executed three evaluation rounds of GRECO on anti-corruption legislation. The aggravating circumstances of petty bribery are made by author in the article. Moreover, it is necessary to eliminate the error in article 291.2 regarding imposition of punishment in the form of correctional labour, made when imposing sanctions for petty bribery.
The article puts forward a proposal for the formation of a digital building permit as a complex permitting document, the formation and issuance of which will include compliance with the requirements for landscaping both at the start of construction and at its completion. The digitalization of urban planning regulation, on the one hand, and the digitalization of the construction area of regulation should be harmonized through the improvement of the structure of the urban planning plan of the land plot, the implementation of which for the location of the capital construction facility will include the implementation of measures for landscape reconstruction of the development area. A comprehensive permitting document in the sense under discussion covers the stages of capital construction immediately preceding capital construction and the stages of subsequent landscape transformation of the territory, which compensates for the anthropogenic load of the erected object. The totality of each of the load values in the further development of the considered regulation, combined into a single data set (big date), will make it possible to resolve the issue of the load of the entire settlement as a whole with all possible certainty, without using calculation methods, whose estimates are of a probabilistic nature.
The article is devoted to the consideration of the civil liability of an insolvency administrator in the performance of his duties in the framework of insolvency (bankruptcy) cases. Topical issues related to the civil liability of an insolvency administrator (recovery of damages) are considered. Three issues are identified that stakeholders face in the process of determining, proving and recovering losses. The conclusions about the impact of the mechanism for collecting losses on increasing the efficiency of bankruptcy procedures are summarized.
The article reveals the concept of the legal institution of criminal prosecution in criminal proceedings, analyzes the definition of the subject and method of legal regulation of criminal prosecution, the subject composition and the object of criminal prosecution. The author considers the rules governing the institution of criminal prosecution, which originates from the general category of a claim in law. The article contains proposals for the development of the theory of criminal prosecution as a criminal procedure institution from the standpoint of identifying its system-forming properties, legal nature, and various degrees of its effectiveness for the criminal process.
ESSAYS
The article analyzes the problem of international legal regulation of the exploiting natural resources in outer space. Special attention is paid to innovative proposals to amend current legislation offered by ague Space Resources Governance Working Group and Space Generation Advisory Council. The need to establish a distinction between the legal regimes of celestial bodies and resources of outer space is emphasized. Arising from the research, a conclusion about the need to update the existing rules of international space law and concretize the concepts such as celestial bodies, space resources, common heritage of mankind and use of outer space is formulated.
The article examines the actual problem of legal regulation of the occurrence of ownership of the new thing (paragraph 1 of Art. 218 of the Civil Code of the Russian Federation). The focus is on the characteristics of one of the two mandatory conditions of the occurrence of ownership of the new thing — the creation of a thing “for yourself”, which today is the subject of discussions in the scientifi c environment. The study is conducted through the analysis of the application of this condition to acquire ownership of movable and immovable property. In addition, attention is drawn to the controversial issues of the doctrinal and judicial interpretation of the occurrence of ownership of the new thing, ways to improve legislation in this area are offered.
The article examines aspects of the legal regulation of the organization and implementation of veterinary preventive and antiepizootic measures in specially protected natural areas of federal signifi cance on the example of outbreaks of African swine fever in the state nature reserve “Mshinskoe swamp” of the Luga district of the Leningrad region in 2018–2019. An assessment of the current in the period 2018–2020 is given veterinary and environmental regulatory legal status of acts, with the revealed practical law enforcement collisions in the analyzed acts in the elimination of real outbreaks of African swine fever in the Leningrad region. The bureaucratic nature of the procedure for making decisions on the need to regulate the number of wild animals in specially protected natural areas of federal signifi cance and the practical implementation of these measures, revealed by practical law enforcement, was leveled by local rule-making of the Veterinary Directorate of the Leningrad Region, the legitimization of which was carried out by the actual elimination of infection in a reserve of federal signifi cance and the subsequent implementation of the developed regulation by the Ministry of Natural Resources resources and ecology of the Russian Federation into the system of quarantine measures. At the end of the article, substantiated proposals are formulated for amending the veterinary and environmental legislation in order to prevent the occurrence of the same legal collisions in the future and to promptly eliminate outbreaks of infectious diseases in the wild fauna, in particular in specially protected areas of federal signifi cance.