The article is dedicated to investigate the problem of influence of cutting edge digital technology on the virtual and real legal relations, related to the movement and the turnover of intellectual property. Using the method of analyzing modern definitions of blockchain, and relying on the politicaleconomic theory of social redistribution of wealth, authors define the term blockchain and its principles as a technological paradigm. Authors conclude the fact that blockchain can be used to guarantee intellectual property rights and it should be accepted at the national level. As a mechanism of a trusted environment, blockchain allows to reduce transaction costs and increase the level of commercialization of intellectual property.
The authors examine the possible combination of criminal law and administrative measures of counteracting migrant prostitution, and the involvement of migrants into such activities. It is concluded that topical problems in Russia include the counteraction to situations when not only migrants coming from abroad, but also citizens of the Russian Federation who leave for other countries are involved in prostitution. Migrants get involved in prostitution both voluntarily and as a result of deceit, threats, and use of violence. These people are more vulnerable than those with a citizenship, and they require closer attention to repress unlawful actions, including prostitution. The study of the problems in this sphere makes it possible to identify the economic reasons of women’s labor migration, which include, among others, the goal to become a sex worker in the country of residence. Involvement of women migrants in prostitution in their country of residence often leads to far more serious consequences for them than they would face if they were sex workers in their own country because they do not have a Russian citizenship and quite often violate migration legislation. The authors analyze the criminal and administrative measures that could be used to counteract the involvement of migrants in prostitution. This analysis allowed the authors to see the effectiveness of using a complex of measures aimed at the identification of criminal and administrative offences at the same time, both directly and indirectly connected with migrant prostitution. The authors formulate and present their ideas on improving the norms of the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offences that provide liability for offences and actions connected with prostitution with the goal of improving the counteraction to migrant prostitution and the involvement of migrants into these activities.
The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.
The cultivation of traditionalism in law, based on universal human values and the history of jurisprudence, remains relevant in the post-Soviet space for almost three decades since the destruction of the unified state. At the same time, legal science does not recognize the primacy of the historical school of law, which was revived in the 90s XX century. together with other classical types of legal thinking, after the rejection of the centralism of the materialist theory that prevailed in Soviet jurisprudence. The reason for the attractiveness of traditionalism lies in the inclination towards it of many continental peoples, intensified by the visible consequences of leveling the experience of national legal development in North American and European law, positioning liberal trends, which are largely inappropriate for traditional states, to which Russia belongs, formed as a result of millennial evolution. Among complex nations that have a long experience in the development of statehood and the heterogeneity of the specifics of legal culture, the concepts that fix traditional values in the legal creation as a natural source of human rights, imperatively not connected with the law, which is rational and moral, but by its nature deafened and not necessarily reflects the historical mentality of the society. One example of such concepts aimed at reviving traditional statehood and preserving the integrity of society is the doctrine contained in the twovolume work of the Turkmen statesman Saparmurat Niyazov entitled “Rukhnama”, who tried to translate it into practice. Therefore, the object of the article is public relations associated with the revival of the Turkmen statehood through the formation in the period of a national human rights standard, harmonized with the interests of a traditional society. The subject of the article is a general description, the main content and applied significance of the concept of Saparmurat Niyazov, illustrating the possibility of forming a legal state taking into account traditionalism, as well as the importance of the corresponding doctrine for the development of the legal system of Turkmenistan. The concept of national revival of the republic, formulated by Saparmurat Niyazov, became the basis for the development of a social ideology that influenced the post-Soviet formation of republican legislation, is of scientific interest for other states experiencing the expansion of liberal tendencies in law, not excluding the Russian Federation. In conditions when the international universal security system is showing stagnation, sovereign states are turning to the toolkit of international regional and national means of ensuring security. Therefore, the revenge of traditionalism is predictable, illustrated by the example of Turkmenistan. Moreover, the Russian society, as well as the Turkmen one, shows an inclination towards it, and the construction of a welfare state, declared at the constitutional level, makes it possible to reflect this trend while improving legislation.
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