Vol 7, No 2 (2023)

The nature of interests in law is considered. The study draws attention to the fact that it is not possible to distinguish between objective and subjective factors in the development of social interest. This is explained by the fact that subjective (conscious and unconscious, automatic) factors depend on the external environment, but it is difficult to establish the degree of their influence on the need for a person to possess certain benefits. The differentiation and/or unity (rather, it is a relationship) of these factors is extremely complicated and can be constructed only in general terms within the framework of the analysis of the patterns of development of needs , motives, and the influence of incentives on a particular person. In this regard, the nature of social interest is intersubjective. The subject of work is the analysis of the nature of interests in law within the framework of an intersubjective approach, and above all from the standpoint of their coordination, competition, constant dynamics in law-making and law enforcement activities. The purpose of work is to determine the nature of interests from the standpoint of various approaches that are the starting point for the study of interests that have legal significance. The methodological basis of the study is: general and particular scientific methods, namely logical; such techniques as description, analysis, generalization, abstraction are used, a system-functional approach is applied. Considering interest from the point of view of subjective, objective, subjective-objective approaches, the study notes that none of these positions corresponds to the patterns of formation of interest, either social or legal. Also, subjectivity cannot be recognized as a characteristic of interest, as well as subjectocentrism, the subjective orientation of legal understanding. In this case, it is necessary to distinguish between the nature of law interests, law means, development mechanism (origins, patterns) and their implementation in social and law practices. It is concluded that common interests are determined by the need for certain benefits of socially significant necessity or social benefit, states, statuses, become legally significant in connection with institutionalization. Law interests, as a consequence, should basically have a special social significance and recognition of the provision of benefits, ways and means of obtaining them. The conclusion is formulated about the need to recognize intersubjectivity as the most important property of social and law interests in modern society.

Topical issues related to the development of a digital society and the digitalization of the modern system of financial and economic activities, which led to the need for the formation and implementation of regulatory legal acts in the field of the digital economy, are revealed. The digital economy is an important component of the fourth industrial revolution. The authors set themselves the goal of considering digital technologies and new digital opportunities that have begun to appear among business entities, public authorities and administrations, as well as consumers of goods, works and services. New business models are emerging, intangible assets are being formed based on the use of big data technology. The main source of cost formation is high-speed processing of huge data arrays. All this requires certain legal regulation. General scientific and special legal methods were used as research methods. The main attention was paid to the method of analysis. The study found that basically the issues of the legal basis of the digital economy are aimed at resolving the economic security of digital platforms of the individual, business and the state in the digital economy. They are related to the protection of personal data, digital identity, protection of e-commerce, online security, financial and economic activities, etc. Of course, not all issues of the digital economy are regulated by law, which is the basis for the formation of a scientific and practical basis for analysis and legislative initiatives.

The doctrine of the welfare state is considered. The welfare state is a theory formulated by J. Keynes in the work “The General Theory of Employment, Interest and Money” (1936) and developed by J. Myrdal, J. Strechi, A. Pigou and others, in accordance with which the state is a spokesman for the interests of all sectors of society and: 1) has a positive impact on the private sector through regulation and control – price policy, taxes; 2) implements a policy of full employment and prevention of economic crises with the help of a planning and forecasting system; 3) implements the policy of social services – social security, social insurance assistance to sick and old people, etc., due to which a high standard of living of society is achieved. The welfare state can be characterized as a theory of social protection in oligarchic societies. The formation of the theory of the welfare state was influenced by human rights theories, socialist and egalitarian theories. The theoretical basis of the theory of the welfare state are welfare theories (from classical liberal to social welfare theory). A universal classification of the welfare state does not exist and cannot exist, because it is impossible to take into account all aspects due to the lack of relevant statistics and indicators. In our opinion, despite certain reservations, G. Esping-Andersen’s classification is the most successful attempt at a quantitative analysis of various models of social protection. It is based on an analysis of the signs of accessibility and the degree of coverage of the population with certain social payments and incomes, while taking into account the real influence of various political forces on this process. G. Esping-Andersen identified three main models: liberal, conservative, social democratic.

The formulation of the problem is due to the fact that there are gaps in the legal regulation of migration processes, and in the conditions of modern reality, a clear distinction between concepts is required. The insufficiency of terms does not give a correct legal interpretation, in addition, there is a problem related to the protection of the legal status of a migrant. The purpose of the work is to study the theoretical and comparative legal aspects of the legal regulation of migration processes. The methodological basis of the presented work was made up of modern general scientific methods and techniques of cognition. The system method, the method of analysis, statistical, formal-legal and comparative-legal methods and other methods were used. The legal status of a migrant in the Russian Federation is considered. A distinction is made between the concepts of “migrant” and “illegal migrant”, “illegal migration”, and their definitions are formulated. The analysis of the legal status of a migrant in the Russian Federation and in other countries, in particular, the United States, was carried out. The legal acts regulating migration processes in Russia, in particular, labor migration, are considered. The legal statuses of “refugee”, “forced migrant”, “foreign citizen”, “stateless persons” are defined. It is proposed to grant certain migrants a special status, which will provide benefits in various areas. It has been established that if the identified gaps in legal regulation are eliminated, there will be a positive effect from the development of legislation related to ensuring the migration security of Russia.

The relevance of the study of stated topic is due to the rapid development of various types of legal relations in Russian civil society, and directly in legal relations related to entrepreneurship and other economic activities. The active development of a market economy in our country requires a large amount of funding in various areas of production. The state policy in the field of economic development is maximally aimed at developing and supporting various levels of business. The use of leasing significantly helps the development of entrepreneurship. The purpose of the study is to identify theoretical points that require revision and clarification both on the part of the scientific community and on the part of practicing lawyers, as well as to identify gaps in the current legislation in the field of leasing. Based on the above goal, we form the following tasks: to investigate the position of the leasing agreement in modern legislation and civil law doctrine, to identify the weaknesses of the legal regulation of the leasing agreement, to identify legal and technical shortcomings of regulatory legal acts in the field of the financial lease agreement. Methods used in the course of the study: analysis, synthesis, historical and legal method, comparative legal method. The practical value of the material is due to the fact that the results of the study can be used when concluding, changing and terminating a financial lease agreement, as well as in further reforming this area of civil law. The theoretical value lies in the possibility of using the materials of the study in the further study of the financial lease agreement, as well as in the study and teaching of civil law disciplines. As a result of the study, the gaps in the civilistic doctrine regarding the leasing agreement are identified, the conclusion is made about the need to single out the leasing agreement as a separate category of agreements, the need to make the term of the leasing agreement as a mandatory condition is determined, the current legislation is analyzed from the point of view of its compliance with the practice of applying the leasing agreement, as well as from legal and technical standards.

The purpose of this study is to propose reforms of the legal protection of artificial intelligence (AI) in Russia, in particular, in relation to the protection of AI as a single object of intellectual property. The study suggests that modernized patent protection is the best way to protect AI rights and results, as patent protection can provide more comprehensive and stronger protection of AI technology rights. The methodology of the work included an analysis of the existing legal and regulatory framework for the protection of AI in Russia and the gaps identification in this context. The author proposes several measures to change the law, including the introduction of patent protection for all AI, the working repository creation versions of AI, and the patent protection term reduction to prevent monopolization. The analysis carried out showed that the existing legal framework for the protection of AI in Russia is inadequate and needs to be reassessed. The current AI protection regime should be expanded to include patent protection, which could encourage investment in AI research and development. Creating a repository of working versions of AI can improve the efficiency of research and development, while solving the “black box” problem inherent in AI. In addition, shortening the patent protection term can prevent monopolization and ensure that AI benefits society as a whole. The theoretical and practical study significance lies in the fact that it proposes changes to the existing legal framework for the protection of AI as an object of intellectual property. The study presents the author’s editions of the following concepts: patent protection of AI, depository of working versions of AI, reduction of the term of patent protection. These proposals can help solve the legal problems associated with the legal protection of AI as an object of intellectual property, and provide adequate protection of rights, promoting innovation and balancing the interests of society as a whole.

The correlation aspects of civil rights, in particular, in the field of intellectual property, and the constitutional law to health care and medical care are analyzed. Thus, the constitutionally significant principles that reveal the essence of this constitutional law and contained in the sectoral legislation in the healthcare field, including the need to ensure principle the availability of medicines, are concretized. At the same time, a significant gap in Russian legislation is indicated in lack terms of a clear principle specification of the need to ensure the availability of medical devices. Special attention is paid to the issues of ensuring the right of citizens to receive the most effective medical care and gaps in the legislative effectiveness and availability regulation of medicines and medical devices. The main civil law principles and conditions for restricting civil rights in order to protect the health of Russian residents are considered, followed by a priority in civil law relations justification, including in patent law, of the identified constitutionally significant principles that reveal the constitutional law essence to health care. It has also been proved that the need to ensure the conditions for the right realization to health protection of Russians, for example, the availability of medicines and medical devices, can serve as a basis for limiting exclusive rights in patent legal relations (in particular, the relevant foreign patent holders in the conditions of inaccessibility or insufficient availability of medical products in conditions foreign sanctions).

We explore the issues of the jurisdiction of disputes to arbitration and the competence of arbitration institutions to consider certain types of disputes. The purpose of work is a complete and objective comparative analysis of legislation of the states of the Arctic region, such as the United States of America, Canada, Denmark, Norway, Sweden, Finland, Iceland. The relevance of the results is that the consideration of disputes in arbitration (referees) as a protection of the rights and interests of economic entities in the scope of the system for identifying states. We conduct a comparative analysis of the peculiarities of the legislation of the states of Arctic region, and also compare and analyze the arbitration practice of various arbitrations. The legal regulation of the issues under study is analyzed and conclusions are drawn about the main problems and shortcomings of legal acts in this area. The results of study can be implemented in law-making work on improving legislation in the field of arbitration of disputes.

The problematic issue for theory and practice of the possibility of applying norms of the pre-trial agreement institute on cooperation to juvenile suspects and defendants is studied. The relevance of issue is due to the fact that the specified legal institution is successfully used in the practice of combating group crime, and for juveniles it is the group way of committing crimes that is typical. The legal position of the Plenum of Supreme Court on the issue under study is analyzed, its shortcomings are noted. The refusal to conclude a cooperation agreement with a juvenile in order to exclude a threat to the personal safety of a teenager from the exposed persons is subjected to critical analysis. In our opinion, in order to achieve this goal, another measure would be necessary – a ban on juvenile defendants to expose other persons of involvement in the commission of crimes. Taking into account the fact that the law obliges juveniles who have the procedural status of a victim or witness to give truthful testimony of a revealing nature, it is concluded that the right to give similar testimony to a minor suspect, accused should not be denied. The conclusion of a preliminary cooperation agreement in the interests of the accused himself and the whole society.

The relevance of work is due to the complex study of the meaning of psychological portraiture in the detection of unobvious crimes. The purpose of work is to analyze the concept and essence of the psychological portrait and determine its significance in solving problems of criminal proceedings. The implementation of the purpose is achieved by the use of laws of dialectics, formal logic and the application of general scientific and private research methods. Analysis of disclosure and investigation statistics shows that the development of an effective and acceptable methodology for profiling an unidentified criminal is an urgent task for law enforcement agencies. Existing theoretical approaches to determine the links between the traces of a crime and the personality of a criminal, in particular, forensic, program-targeted, psychiatric and psychological, are explored. Their brief description is given. The concept and main purposes of drawing up a psychological portrait and its significance in the disclosure of unobvious crimes are investigated. The history of the development of this method both abroad and in Russia is considered. A comparative analysis of the method used abroad, in particular in the FBI, and in Russia is made, the differences and features in them are determined. The informational content of the method under study and the methodology for compiling a psychological portrait of a criminal are considered. It is concluded that a psychological portrait as a non-traditional method of cognition and the result of compiling a comprehensive description of an unknown criminal has a certain significance in solving the problems of revealing and investigating unobvious, unmotivated serial crimes. At the same time, it can be used in the investigation on an equal footing and in combination with other traditional methods and means.