Suchergebnisse

The fourth industrial revolution is transforming crime and fight against it, causing fundamental consequences for research in the field of criminal law. Under the conditions of the second decade of the 21st century, the terms 'Internet', 'information and telecommunications network', 'electronic network', 'communications facility', 'mobile communications' are no longer an IT specialist dictionary, in the meantime they affect the doctrine of criminal repression and integrate into a scientific turnover of specialists in the field of criminal law and criminology. Transformation of crime has caused serious gaps, both in the theory of criminal law and in criminal procedural and criminal executive law inextricably bound with it. The emergence and exponential development of the Internet, electronic communications, control and tracking systems and many other technical achievements create for researchers three types of problems that need to be discussed and resolved. First, the problem of national sovereignty in criminal matters (the operation of criminal law in space) and jurisdiction, which are in contradiction in the boundless cyberspace. Secondly, the prognostic problem, which urges not only to forecast the influence of modern technologies on substantive criminal law, criminal procedure, execution of criminal punishment, but also to anticipate the general impact of technology on Russian society and the way of life of its members. Thirdly, the problem of expenses resulting from the introduction of high-tech crime prevention measures, the cost of which is constantly growing. The interdependence of these problems should form the basis of criminal law research in the era of augmented reality under the conditions of exponential growth of cyber threats directed at citizens, businesses and governments.

The article deals with topical issues of legal recognition of a new type of human rights – somatic rights as rights that appeared in connection with the rapid development of biomedical science. This has given rise to a number of difficulties since these rights are characterized by a purely personal nature and close relationship with the physiological nature of a person. The concept of bioethics is given as an emerging social institution, the meaning of which is to regulate conflicts arising in the field of new medical technologies, on the one hand, and directly with the individual and society on the other. The purpose of this article is to consider the main types of somatic rights, their characteristics and definition, as well as some normative legal acts on the regulation of this type of legal relations in Russia and abroad. Human rights are not a fixed category. Human rights standards have historically emerged, changed and developed in the process of development of society and statehood. Legal constructions characterizing a person as a subject of law with an inherent set of rights, duties, and freedoms were formed at each historical stage in the development of human rights and freedoms. The institute of human rights is in constant development, aimed at expanding the number of rights and freedoms, as well as improving existing ones. Currently, law enforcement agencies do not have the task of expanding existing rights and freedoms. An important point in the development of the last generation of the institute of human rights is to ensure and guarantee the protection of human and citizen. Human rights must be realized in accordance with modern ideas, the current level of development of society, the new challenges they face and the new requirements of democratic development. Theoretical approaches in the field of somatic rights classification, as well as international legal and national regulation of this problem, are investigated using the system, structural and functional methods.