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Juridical science and practice

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Vol 20, No 2 (2024)
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PUBLIC LAW SCIENCES

5-29 451
Abstract

The article discusses the scientific and intellectual origins of collective wisdom in the constitutional, information and digital dimensions, reveals the doctrinal approaches and normative foundations of popular deliberative constitutionalism, the development of an inclusive constitutional paradigm and its significance for the use of procedures and technologies for citizen participation, expert opinion and civil society institutions in the constitutional development, in social transformations, in constitutional changes brought to life by the needs of society and the state. Popular deliberative constitutionalism is identified in the article as a public legal meta-concept that explains the process and need for constitutional involvement of citizens. The author concludes that popular deliberative constitutionalism allows us to better understand the problems of implementing the principle of popular sovereignty in modern democratic states, create an optimal model and consider the forms of exercising the constituent power of the people when implementing constitutional changes. In the article, the author notes that the future of democratic constitutionalism is associated with the creation and use of collective intelligence technologies in the public legal sphere, which, in the context of the development of an algorithmic and information society, combine classical procedures for discussing constitutional issues and the use of aggregated preferences. The practical application of the achievements of natural and artificial intelligence is intended to discuss and resolve issues of public legal significance, is based on co-evolutionary development and leads to the emergence of mini-publics, civil assemblies, and constitutional crowdsourcing.

30-44 141
Abstract

At present, the world’s major advanced economies are improving their own digital governance systems and participating in the development of international digital economy rules, and in the process of building a digital China requires both technological support and legal safeguards. The study of China’s law-making experience should take into account important facts and practices. The article presents the achievements in the development of digital economy, reveals the specific measures of the Chinese government in building a digital rule of law, analyzes the model of using digital technology in judicial proceedings and building a digital procuratorate, considers the existing risks in international cyberspace, and suggests ways for China-Russian digital legal cooperation.

45-56 96
Abstract

The article is devoted to the analysis of the concept of human biosafety during medical procedures using high medical technologies in the field of transplantation of human organs and (or) tissues. An analysis of the regulatory framework in the field of ensuring human biological safety during medical procedures in the field of transplantation and donation is provided, which demonstrates that the biosafety of patients in the Russian Federation is ensured by providing recipients with high-quality biomaterial as strictly established by the legislator based on the achievements of modern medical science. The legislation establishes medical restrictions for potential donors in order to ensure the biological safety of recipients. Special requirements have also been established for medical personnel who have the right to carry out medical procedures related to the transplantation of human organs and tissues. The domestic legislator is actively implementing the concept of biological safety in the field of VMT use by establishing certain criteria and restrictions for this type of assistance, which ensures citizens the right to receive qualified, high-quality medical care in the field of transplantation and donation of human organs and (or) tissues.

PRIVATE LAW (CIVILISTIC) SCIENCES

57-63 145
Abstract

This article explores current issues related to changes in the regulation of intellectual property in the era of active digitization. The paper examines the impact of digital technologies on the creation, protection, and utilization of intellectual assets. The author proposes specific measures and mechanisms aimed at modernizing international standards and regulatory acts in this field. In particular, there is a need for the modification of existing international conventions and agreements, as well as the development of new standards for security and data protection, strengthening law enforcement mechanisms, and establishing international systems for monitoring and controlling digital content. The proposed measures are intended to ensure more effective counteraction to violations of intellectual property rights in the context of rapid development of digital technologies and increasing demands for their protection.

64-73 144
Abstract

The article considers the protection of minority investors rights in joint-stock companies and limited liability companies under Russian law. Reflecting on the legislation and caselaw, the author states that a minority investor has a sufficient level to safeguard their rights. The author states a high level of guarantees for minority shareholders, however, concludes that the use of judicial remedies in some cases imposes an additional burden of proof on minority shareholders, namely when challenging general meeting resolution or increasing authorized capital of LLC. Plus, within the current regulation the most effective tools are mainly preventive (ex-ante) related to a balance of corporate governance embracing the minority investors interests through the charter and corporate agreement.

CRIMINAL LAW SCIENCES

74-79 107
Abstract

The article is devoted to the actual problems of the qualification of crimes involving threats of destruction or damage to atypical types of property. A criminal legal assessment is given of threats to destroy or damage property that has no economic value and threats to destroy or damage property that is devoid of a physical (bodily) attribute. As a result of the conducted research, it was concluded that the assessment of the criminal relevance of the above–mentioned threats should be carried out on the basis of the concept of «threat – as an objective and subjective informational impact».

80-87 239
Abstract

The scientific article is devoted to the criminalistics features of the identification and investigation of crimes related to illegal arms trafficking committed in the new subjects of the Russian Federation. The article analyzes the ways of committing crimes related to illegal arms trafficking, and establishes measures to counteract this type of crime. Special attention is paid to proposals for improving measures used in the fight against crime.

88-94 96
Abstract

The article discusses the current problems related to the implementation of the principles of criminal procedure, which has a direct impact on ensuring confidentiality and privacy in criminal proceedings, as well as possible ways to resolve them. In addition, the purpose of the scientific research reflected in this article is to develop and predict possible prospects for improving the criminal procedure legislation in the issue under study. The science of criminal procedure points to not a small number of problems and gaps in legislation related to the institute of “secrets”. The most significant problems related to ensuring confidentiality in criminal proceedings include the absence of a legally fixed concept of “secrecy”, “confidentiality” in criminal procedure legislation, a clearly established procedure for protection.

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ISSN 2542-0410 (Print)