CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №4(155)2021
PERSONA GRATA
Kamil Abdulovich Bekyashev:
OMGUA named after O.E. Kutafin with pride and love!
INTERNATIONAL LAW
Butakova N.A.
The Silk Road of the XXI century in the system of international legal cooperation of the BRICS member states
Nikitenko S.V.
Civil liability for damage caused by artificial intelligence
Izyumov I.V.
Legal analysis of foreign legislation regulating economic relations in the fuel and energy complex
Alexander D.A.
International organizational and legal bases of the Eurasian Group’s activities on countering the legalization of Criminal proceeds and the Financing of Terrorism
Subbotin A.P.
On the issue of the responsibility of diplomatic representatives in international law
Pokrovskaya N.V.
Regulation of investment activity within the framework of WTO law and the relationship with the legislation of the Russian Federation
THE LAW OF FOREIGN STATES
Alizade D.E.
Legal aspects of the formation of special economic zones in world practice and in the Republic of Azerbaijan
THEORY OF STATE AND LAW
Goloborodko A.Yu., Stetsenko I.A.
Technologies of cultural enlightenment in the context of updating the tools and expanding the content of civil law education of students (on the example of the experience of the A. P. Chekhov Taganrog Institute)
Butenko A.K.
Features of legal understanding in legal positivism
Voikova N.A.
Features of the activities and responsibilities of the internal controller in the organization
Direganova A.V., Avanesova A.A.
Human rights as the most important element of the development of civil society: problems of theory and practice
Zelenin N.Yu.
The prejudice of judicial decisions and the concept of distinguishing issues of fact and law
Kolesnikova N.A.
The concept and legal nature of the Ombudsman institution
Nikitin A.A.
Forms of realization of the right and legal discretion
Samoylova I.N., Butaev M.I., Kuzmenko A.Yu., Orekhova.S.
The concept of the essence of the state in the modern theory of state and law
Isaeva V.V., Mashekuasheva M.H.
International and national regulation of the right to privacy: legal aspects and special features
Yankin G.N.
Political prospects of the EAEU as a Union of states within the framework of the concept of “Greater Eurasia”
HISTORY OF STATE AND LAW
Zharov S.N.
On the legal responsibility of employees of the political investigation department of the Russian Empire (XIX – early XX century)
Azizova P.M.
The State and law of Greece in the Ancient period
Evseev I.V.
Historical features of the emergence and development of specialized institutions for the isolation of offenders in the Urals in the XVIII-XX centuries.
Yelchaninova O.Yu
. The Nature of monarchical power according to the Basic State Laws of the Russian Empire in the state-legal Discourse of the XIX – early XX century.
Musayeva A.G.
Rishvat (bribery, corruption) as a type of criminally punishable crime in the sources of the law of the peoples of Dagestan in the XIX century
Prokhorov V.V.
Fight against homelessness and juvenile delinquency in the Crimea in the first half of the 1920s.
CONSTITUTIONAL LAW
Gerasimenko N.S.
Guarantees of the right to use surrogacy in the Russian Federation
Guseva I.A., Alekseeva T.V., Snetkov D.A.
Institute of Constitutional and Legal Responsibility of the Government of the Russian Federation:theoretical and practical aspect
Abdurakhmedova H.I., Aliyev J.R.
Novelties in the consideration by the Constitutional Court of the Russian Federation of cases on the constitutionality of normative acts on complaints of violation of constitutional rights and freedoms
Arkhipkina A.S., Kovalenko A.V.
Problems of execution of a mediation agreement
Kostyukov A.A.
Constitutional and legal status of the control and accounting bodies of the subjects of the Russian Federation
Kuznetsova E.V.
Transformation of the political regime in the Volgograd Region and the Kalmyk Republic (the 90s of the twentieth century)
Magomedova R.M.
Public control as a means of election legality
Mukhametshina I.I.
Notary Chamber as a state-public institutional education
Ramazanov A.M., Musalova Z.M.
Constitutional and legal regulation of the financial system in the Russian Federation
Bogach V.V., Balbekova E.V.
Constitutional Development: The Basic Laws of 1918 and 1925.
ADMINISTRATIVE LAW
Ignatieva I.V., Zedgenizova I.I., Kirilchik E.V.
Administrative management as a factor of interaction between business and the state in the conditions of digitalization
Zakopyrin V.N., Panin Yu.I.
About the most important signs of administrative responsibility
Karimova G.Y.
Some problematic aspects of the administrative responsibility of minors
Migda N.S.
On the issue of legal consolidation of innovative development in transport
Samusevich A. G., Negamutzyanova A. S.
Monitoring of social networks in the activities of the police to identify offenses: problematic issues
Urusov Z. H.
Security measures in the proceedings on cases of administrative offenses
Shabanov T. V.
Administrative and legal status of subjects of administrative legal relations
Ronzhina N. A.
Features of regulatory consolidation of the ecological and legal status of customs authorities in the conditions of functioning of the Eurasian Economic Union
Bulakhova I. A., Gamza A. A., Ershov M. S., Maksimenko E. A.
Problems of improving the regulatory and legal regulation of administrative responsibility for an offense in the sphere of drug trafficking: comparative legal analysis
CIVIL LAW
Aznabaev O. F., Zaripov R. U., Zaripov Sh. R., Kartashev N. I.
The problem of bringing an official to recourse liability in public law torts
Ananyeva E. O., Dushkina E. V.
Legal basis of medical tourism
Bahamaev G. T., Magomedova A. G.
Problems of compensation for damage in connection with an industrial accident
Berman A.M.
Digital technologies as a response to global challenges
Ivanov A. A., Galkina U. V.
Reservation agreement within the framework of shared-equity construction
Isaev M. Sh., Magomedova M. A.
Procedural features of consideration of cases on changing the legal status of a citizen
Kashtanova A. O., Zvyagina A.V.
Efficiency of the use of infocommunication technologies in the activities of the penal system of the Russian Federation
Kubetkina Yu. V., Rodionov L. A.
On the issue of legal regulation of surrogacy in the Russian Federation
Nurbalaeva A.M., Elchiev T. T.
Practical implementation of the principle of judicial independence in the Russian Federation
Pirova R. N.
The procedure for the provision of public services for the implementation of social benefits to citizens recognized as unemployed in the prescribed manner
Spector A. A.
Problems of the relationship between the inheritance contract and the will
Sudakova O. V.
The problem of alienability of personal rights
Tumanov E. V.
Legal regulation of the agreement on innovation in the system of grounds for termination of obligations
Shevchuk S. S., Petrov N. V.
Evolution of the theory of the object of civil rights
Yastremsky I. A.
Legal problems of the content of the contract for the provision of paid medical services in the field of plastic surgery
Ananyeva E. O., Ivliev P. V.
Bankruptcy of legal entities
Dashkovets D. A.
Development of legislation in the field of protection of confidential information
Palienko I. V.
Recovery of purely economic losses: statement of the problem in the historical context
Petrova M. S.
Medicines – commerce or healthcare?
Sayfutdinov A. R.
Signs and functions of civil liability for damage caused by the state to business entities
Vishnyakov R. V.
Possibilities of protecting the rights of the parties in case of disputes when concluding transactions in electronic form
Mysak N. Ya.
On the insolvency (bankruptcy) of individuals in foreign practice on the example of the USA and the states of the European Union
CIVIL PROCEDURE
Gerasimova N. N., Gorina N. V.
Protection of housing rights in court
FAMILY LAW
Bulygina Yu. Ya
. European experience of ensuring the right to communicate with a child when placing a parent in a correctional institution
AGRARIAN LAW
Vlasov V. A., Tolstikov V. A.
The legal category “agrarian dispute” and the forms of its resolution under UK law
Vlasov V. A., Tolstikov V. A.
Settlement of agrarian disputes in Great Britain and Russia: similarities and differences
ENVIRONMENTAL LAW
Bushueva A. E., Ermolina M. A., Menshikov P. V.
Legal problems of regulating the number of wildlife objects in the Russian Federation
Kovalenko D. A., Maksimova E. V.,
Gogoleva V. V., Ponomarenko A.V.
Measures of legal responsibility for violation of legislation on subsoil use
BUSINESS LAW
Musayeva A. G.
General issues of legal regulation of entrepreneurial activity
FINANCIAL LAW
Guzenkova O. Y.
Administrative and legal regulation of auditing activities in the Russian Federation
Ismailov M. Ch., Khamenushko I. V.
Certain issues of improving the powers of the Accounts Chamber of the Russian Federation
Ovchinnikova L. I.
On the issue of improving the management of public finances in Russia
Juan S.
Legal directions of development of monetary systems of Russia and China
TAX LAW
Zasovenko G. V.
Digitalization of tax administration: the impact of digital transformation on tax reporting
CRIMINAL LAW
Abukarova M. U.
Methods and forms of countering corruption in Russia and in the world: retrospective analysis and modern assessment
Aliyev H. K., Magomedova M. M., Marianov A. A.
Problems in choosing a preventive measure in the form of a subscription not to leave and proper behavior to suspects (accused)
Golyandin N. P., Sheriev A.M., Lysenko M. B.
Countering the use of digital currency (cryptocurrency) in illegal actions in the conditions of the North Caucasus region
Guzeeva O. S.
On the question of the inadmissibility of punishment outside of criminal responsibility
Kushkhov R. H., Surtsev A.V.
Criminal and legal characteristics of involvement of a minor in the commission of a crime
Koval M. I.
Aspects of the application of certain terminology in criminal and penal enforcement legislation
Kodzokov B. V.
Problems of distinguishing extortion from other types of theft of other people’s property
Kushkhov R. H., Tolgurova Z. H.
Problems of crime prevention in the field of illicit drug trafficking
Ilijev A. A.
On some issues of determining the essence of the contractor and co-executor under the Criminal Code of the Russian Federation
Ibragimov M. A., Abdulmutalimova Z. M.
Problems of prevention of theft among minors
Knyazeva O. V.
Criminal-legal aspect in the field of establishing the statute of limitations for committing crimes
Kuzmin S. S.
Obstruction as a form of socially dangerous behavior: concept, signs, system of crimes (problem statement)
Latypova D. M., Isaeva M. A.
Features of the qualification of mass riots when involving minors
in the commission of a crime
Mursalimov A. T., Melnikova A. S.
On the issue of creating an electronic criminal case
Magomedova B. A., Radzhabov Sh. R.
Problems of legal regulation of criminal prosecution for violations of traffic rules and operation of vehicles
Rastoropov S. V., Gorshkova N. A.
The effectiveness of punishment and its individual types:some results of 2020
Romanova N. L., Tatarnikov V. G.,
Nikitin Yu. P., Kalandarishvili H. A.
On improving the norms on responsibility for crimes against health related to violation of special rules
Tlupova A.V., Karchaeva K. A.
On the issue of the application of Article 210.1 of the Criminal Code of the Russian Federation
Abdulmutalimova Z. M., Serkerov S. E.
Causes of juvenile delinquency
Osadchaya N. G., Novikova D. D.
Exemption from criminal liability arising from immunity in relation to a limited range of subjects of crimes
Stupina S. A.
On the question of the qualification of hooliganism committed with the use of violence against citizens or the threat of its use
Smolyakov P. N.
The inverse force of blank punitive norms in the dynamics of the development of legislation to which they refer
Sytnikov V. O.
To the question of the subject of the crime under Article 151.1 of the Criminal Code of the Russian Federation
Surnova E. Y.
The concept of fraud using mobile communications and the Internet
Yurchenkova E. S.
Social conditionality of the appearance of the criminal law prohibition of illegal attraction of funds in shared-equity construction
Iriskulbekov E. B.
Charter for the Safety of Medical Workers:a new look at the protection of physicians
CRIMINAL PROCEEDINGS
Arsenova N. V.
The significance of the victim’s position in determining the amount of harm and ways of its compensation upon termination of a criminal case under Articles 25 and 25.1 of the Code of Criminal Procedure of the Russian Federation
Kuliyev I. B., Animokov I. K.
The accused as a participant in the criminal process
Milova I. E., Osipov D. D., Hasanov
A.D. The role and place of knowledge in the field of forensic psychiatry in criminal proceedings: historical analysis
Prokhorov D. A.
Features of verification activity at the stage of initiation of a criminal case
Krasnenko Yu. V., Maslienko M. A.
On the issue of the procedural independence of an expert in Russian criminal proceedings
Mustafina G. M.
On the issue of drug addiction of the population as one of the threats to the social security of the country
Polunin V. P., Radneva E. G., Petrunin E. V.
On the methodology of investigation of crimes committed by minors
Prokhorov D. A.
Problems of conducting examinations at the stage of initiation of a criminal case
Sokolov Yu. N.
Biometric information: forensic and procedural aspects of its use
Kharzinova V. M.
Conflict of interests in criminal proceedings
Shakhbanova H. M.
On some issues of the effectiveness and implementation of the pledge as a preventive measure
Bogatyrev D. V.
Signs of abuse of law in criminal proceedings
Kalamov J. S.
Legal regulation of electronic evidence in countries with a continental system of law. The experience of France and Germany
Tyutereva Yu . S .
Evaluation of the effectiveness of certain procedures of remote procedure of criminal proceedings in the Federal Republic of Germany and the possibility of their implementation in the criminal proceedings of the Russian Federation
Lisova A. P.
The burden of proof in the criminal proceedings of the main States of the Asia-Pacific region
PENAL ENFORCEMENT LAW
Girenok G. A.
Tank therapy as an effective means of rehabilitation of prisoners (foreign experience)
Marchenko D. E.
Problems of legal regulation of overtime and irregular working hours in the penal system
Minkova E. A.
International experience in the functioning of correctional institutions for convicted women
Nazarkin E. V., Suleymanov T. A., Khamizova S. A., Popova N. A.
Features of the organization and conduct of interrogation during the investigation of the disorganization of the activities of institutions providing isolation from society
Remizova L. S.
Organization of activities for the prevention of suicide and self-harm in a correctional colony on the example of the Smolensk region
Chernyshov V. V.
Goals and instruments of regulation of parole from serving a sentence
OPERATIONAL AND INVESTIGATIVE ACTIVITIES
Moiseev N. D., Buzuluksky P. V.
Problems of prevention of illicit trafficking of narcotic drugs and their analogues in institutions of the penal system
CRIMINALISTICS
Gauzhaeva V. A., Gedugoshev R. R.
Some elements of criminalistic characteristics of smuggling of weapons and ammunition
Kubanov V. V.
Features of obtaining testimony during the investigation of penitentiary crimes
Rastoropov S. V., Shcherbich L. A.
Theory and practice of using the results of operational investigative activities in proving
Lozhkin Yu. A., Fedoseev K. V.
To the question of some features of conducting operational search activities that restrict the constitutional rights of citizens, in cases that do not tolerate delay
Marina E. A., Khametova A. R.
On the issue of formalization of the concept of investigative actions
Hakunov A.M., Napsokov A. R.
Operational search activity as a type of law enforcement activity
Shigalugova M. H., Fedina L. M.
Some problems of legal regulation of personal inspection and personal search
CRIMINOLOGY
Dolgushina L. V., Stupina S. A.
Twenty years of the fight against bribery
Patrusheva M. S.
Criminological characteristics of the personality of a minor criminal in rural areas:regional aspect
Tolgurova Z. H., Napsokov A. R.
Criminological characteristics of the murder of a newborn child by a mother
LAW ENFORCEMENT AGENCIES
Kashirgov A. H.
On the issue of the work of the district police commissioner at the administrative precinct
Kolenko R. S., Matveychuk N. S., Kobylinsky S. I.
Training of precinct police officers to take effective actions when detaining an offender armed with firearms: theoretical and practical aspects of implementation
Kurshev D. E., Lashchenov M. S.
Some issues of structural construction of internal affairs bodies on air, water and rail transport in the system of the Ministry of Internal Affairs of Russia
Mansurova Z. R., Agliullin D. R.
Stress tolerance of law enforcement officers
Barchukov V. K.
Systematization of documented information through artificial intelligence with preservation of its legal status
PROSECUTOR’S SUPERVISION
Suleymanov T. A., Nazarkin E. V.,
Bodko S. P., Seisebaev V. K.
The effectiveness of prosecutorial supervision over compliance with the rule of law in the activities of institutions and bodies of the criminal justice system
HUMAN RIGHTS
Demina E. P.
The role and place of the Commissioner for Human Rights in the system of state authorities
Pushkina A. A.
The value of human rights in the era of digitalization
Safikhanli A.M.
The role of national human rights institutions in achieving the Sustainable Development Goals
STATE AND LAW
Biyarslanova A.M.
The media is an important tool in the fight against corruption and in the formation of an intolerant attitude towards its manifestations in society
Gabdulkhakova R. V., Kozlova Yu. B., Grogulenko N. V.
Media image: modern interpretations and approaches to the study
Sochneva E. N., Chervyakov M. E.
Organizational and legal issues of remote work in Russia
POLITICS AND LAW
Mityaeva Yu. V., Vidova T. A., Golovastova Yu. A.
The political and legal aspect of modeling the electoral system of Russia
Fadeev K. V., Nurislamov A. A.
Typology of electoral processes of recruiting the political elite of the lower house of the Russian Parliament at the present stage
PEDAGOGY AND LAW
Matveev A. S., Mullagaliev A. N.,
Minigaleev I. H., Yachmenev S. P.
Improvement of tactical actions of taekwondo athletes studying in educational organizations of the Ministry of Internal Affairs of Russia
Popova N. V., Zhelonkin V. V., Zavgorodny A. G.
Programmed educational materials as didactic means of active cognitive activity of students
Ponkina E. S., Andreeva L. M.
Features of distance learning for students
Titova O. Z.
Features of teaching penitentiary vocabulary by the example of authentic English texts
SOCIOLOGY AND LAW
Bikmetov E. Yu., Shayakhmetova R. R., Akhmadeeva A. A.
Conceptual foundations of the strategy of personal labor behavior
Volkov V. A.
On improving the effectiveness of police interaction with civil society institutions
Ulanov A. A.
Fraudulent manipulations in Internet communications (on the example of the dating site “Mamba”)
ECONOMIC SCIENCES
Altukhov A.V., Gostilovich A. O., Kashkin S. Yu.
Platform law in the regulation of the sharing economy
Gulyaeva T. I., Takmakova E. V.
The influence of the mechanism for determining state minimum social standards by means of median indicators on the incomes of the Russian population
Gorchak M. O.
Professional development of customs personnel
Despotulis E. E.
Development of an investment management model for a transport infrastructure development project
Kostyleva E. G., Zaripova D. R.
Conditions for the formation of a model of innovative development of the Russian oil and gas industry on the example of the Rosneft enterprise
Latysheva N. A.
Human capital in the management of a modern enterprise
Nguyen K. H., Yakovlev A. A., Golubkin A.V.
The impact of the EAEU-Vietnam Free Trade Zone on the development of Russian-Vietnamese
economic cooperation
Shapovalova V. N.
Improvement of methodological approaches to assessing the socio-economic development of the region (innovation and investment aspect)
Shvedov L. A.
Directions for improving the quality of public services in the digital economy era
Shestakov S. A., Medvedeva L. B.
The main stages of the practice of state regulation of agricultural producers
Altukhov A.V., Buinevich A.V., Karadzhi D. D., Kashkin S. Yu.
Platform law as the basis of innovative biotechnological platforms
Zyk A. O.
Analysis of the EAEU trade with third countries
Lubinets P. A.
Global economic recovery in the context of the coronavirus pandemic
Popova E. A.
Methods of managing remote employees in the segment of small and medium-sized businesses
Yakovleva M. A.
Diversification of methods of currency regulation in the digital economy
Pavlova N. S., Nurutdinov A. A.,
Zulkarnayeva E. Z., Abramov N. R.
Socio-economic consequences of the COVID-19 pandemic in Russia
PHILOSOPHICAL SCIENCES
Egorova Yu. R.
On the nature of the word in art and philosophy
Zagyrtdinov R. B., Elkhova O. I.
Ontology of Soviet patriotism
Zubkov S. A.
The philosophy of ecophilicity of climate
Peshkov A. A., Gutorov Yu. A.
“Ad fontes”, return to sources, in Renaissance and Reformation Historiosophy
Sukhorukov V. A.
Patriotic idea as the basis of ideological education
Kharisova Z. G.
The place of Russia in the cultural space. Historical Types of Ideologies in Russia
Shergeng N. A., Pushkareva M. A.
The idea of freedom and its existential transformations
Shevlokov V. A., Kulturbaeva L. M., Bizheva A. P.
The subject in the discourse of ancient philosophy
Yashin A. N., Rasheva N. Yu.
Historical, philosophical and legal aspects of Russian justice
Aksenov A.V., Semikopov D. V.
Phenomenology of Imagination in the Philosophical and Theological Heritage of Archimandrite Sophrony (Sakharov)
Butakova N.A.
The Silk Road of the XXI century in the system of international legal cooperation of the BRICS member states
This article is devoted to the development of the Chinese initiative for the revival of the Silk Road. The purpose of the article is to offer a choice of promising routes depending on the integration potential of states. In this regard, the task is to identify theoretical approaches to determining indicators that characterize the potential, first of all, of the “core” of the BRICS (RIC) in the implementation of the project. The article analyzes the development of the “One Way – One Belt” initiative, an attempt to explain the political, economic and socio-economic prerequisites and possible consequences of various projects of the initiative, economic investments for the implementation of projects for the participating states of infrastructure construction projects.
Keywords: new Silk Road, “One Belt, One Road” initiative, investments, transport corridor, infrastructure.
The article bibliographic list
1. Glazyev S.Yu., Arkhipova V.V., Ageev A.I., Ershov M.V., Mityaev D.A., Nagorny A.A., Wen V., Qingqing Ya., Ross D., Zhaoyu G., Tintin Ch. Issues and the state of the processes of integration of the Eurasian Economic Union and the “One Belt, One Road” initiative in the views of China and Russia // Eurasian Integration: Economics, Law, Politics. 2019. No. 3. pp. 13-30.
2. Zholdasbekova A.N., Levaji A.G. Eurasian integration through the New Silk Road: opportunities and assessments of modern // Eurasian Studies. 2016. Issue 4. Saratov. pp. 39-48.
3. Kapitsyn V.M. The influence of the integration potential of states on the choice of routes of the “New Silk Road”. The crisis of civilization in the context of the political processes of the XXI century / edited by A.I. Kostin (collection. monograph) / A. I. Kostin, V. Yu. Belsky, I. A. Vasilenko, et al. M.: Moscow University Publishing House, 2016. pp. 182-206.
4. Kozlov D.I. The first results and immediate prospects for the implementation of the Chinese initiative “one belt, one road”. Politbook. Ed.: Scientific Research Institute of Social and Political Sciences. Cheboksary, 2018. pp. 122-147.
5. International integration and integration law : textbook for undergraduate, specialist, master’s and postgraduate studies / under the general editorship of V.A. Shamakhov, V.P. Kirilenko, S.Y. Kashkin. St. Petersburg: CPI SZIU — phil. RANEPA, 2017. 880 p.
6. Pakistan has transferred the port of Gwadar on the coast of the Arabian Sea under the control of a Chinese company. [electronic resource]. – Access mode: https://tass.ru/ekonomika/2428503
7. Cheng Guo, D.A. Degterev, Zhao Jilin Consequences of the “One Belt– One Road” strategy for China and Eurasia // Bulletin of the RUDN. Series: International Relations. 2019. Vol. 19. No. 1. pp. 77-88.
8. Shamakhov V.A., Sluchevsky V.V. Some aspects of the interface of the EAEU projects — “One belt— one road” // Eurasian integration: economics, law, politics. 2019. No. 1. pp. 28-33.
9. Shukhno S.S. The EAEU and the Chinese initiative “One Belt, One Road”: new opportunities for cooperation // Eurasian integration: economics, law, politics. 2019. No. 4. pp. 26-32.
10. A new Silk Road. [electronic resource]. – Access mode: https://www.newyorker.com /
magazine/2018/01/08/ a-new-silk-road.
11. Blanco P., Lucio China’s ‘One Belt, One Road’ To Where? // The Diplomat. Febru-ary 17. 2015. [electronic resource]. – Access mode: http://thediplomat.com/2015/02/chinas-one-belt-one-road-to-where /.
INTERNATIONAL LAW
Nikitenko S.V.
Civil liability for damage caused by artificial intelligence
The emergence of artificial intelligence as a technology capable of self-learning and making independent decisions raised the question of the need to transform the tort obligation. The unpredictability of the “behavior” of the AI system determines the inconsistency of applying traditional institutions of non-contractual responsibility to the relations under consideration. Within the framework of the presented work, the author has investigated the approaches presented in the literature and legislation regarding civil liability for harm caused by AI actions, and also attempted to form a universal concept that takes into account the specifics of artificial intelligence and the interests of participants in AI relations. Considering AI systems as things, the author proposes a new composition of a special tort based on a combination of guilt and the principle of risk management. The author hopes that this study will improve regulation in the AI sphere and advance in solving legal problems related to AI.
Keywords: responsibility of artificial intelligence, artificial intelligence, legal personality of artificial intelligence, special tort, harm caused by the actions of artificial intelligence.
The article bibliographic list
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5. Laptev V.A. The concept of artificial intelligence and legal responsibility for its work // Right. Journal of the Higher School of Economics. – 2019. – № 2.
6. Malyshkin A.V. Integration of artificial intelligence into public life: some ethical and legal problems // Bulletin of St. Petersburg State University. Law. – 2019. – Vol. 10. – No. 3.
7. Mamychev A.Yu., Gaivoronskaya Ya.V., Miroshnichenko O.I. Modern doctrinal, legal and ethical problems of development and application of robotic technologies and artificial intelligence systems (on the example of autonomous uninhabited underwater vehicles) // The territory of new opportunities. Bulletin of the VGUES. – 2018. – № 3.
8. Morkhat P.M. Artificial intelligence: a legal view. – M.: BukiVedi, 2017.
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INTERNATIONAL LAW
Izyumov I.V.
Legal analysis of foreign legislation regulating economic relations in the fuel and energy complex
In this paper, a legal analysis of the provisions of foreign legislation regulating relations with the participation of oil and gas producing companies is carried out. Proposals are made on the expediency of using the experience of legal regulation of the activities of oil and gas producing companies of foreign countries for the development of the legal regulation system of the Russian Federation.
Keywords: legal status, subsoil use, international legislation.
The article bibliographic list
1. Volkov A.M. Public administration of subsoil use under the legislation of Western European countries // Legal initiative. – 2018. – No. 9.– pp. 12-18.
2. David R., Joffre-Spinosi K. The main legal systems of modernity. – M.: Mezhdunar. relations, 2019. – 145 p.
3. Izyumov I. V., Khairullina N. G. Legal foundations of state and municipal management. A course of lectures. – Tyumen: TSOGU, 2015.
4. Klyukin B. D. Mining relations in Western Europe and America. – Moscow: Gorodets-izdat., 2017.– 345 p.
INTERNATIONAL LAW
Alexander D.A.
International organizational and legal bases of the Eurasian Group’s activities on countering the legalization of criminal proceeds and the financing of Terrorism
Countering the laundering of criminal proceeds and the financing of terrorism (hereinafter referred to as AML/CFT) is a complex area in which many public authorities of the countries of the world, as well as multiple international organizations and institutions are involved. One of such international institutions is the Group for the Development of Financial Measures to Combat Money Laundering (hereinafter – FATF), the main, but not the only organization in this area. At various times, nine FATF–type Regional Groups were established (hereinafter referred to as the RGTF) – nine regional organizations that have many simultaneously similar goals, and at the same time organizational and legal features that differ from the FATF. This article is devoted to the Eurasian Group on Countering the Legalization of Criminal Proceeds and the Financing of Terrorism (hereinafter – the EAG) – RGTF of the Eurasian region. It examines the activities of the EAG from the point of view of international law, and studies
in more detail, the following aspects of its functioning: international legal status, conducting typological studies and mutual assessments, training and advanced training of employees of competent state bodies and private organizations in the field of AML/CFT.
Keywords: countering money laundering and terrorist financing, AML/CFT, Group of Financial Measures to Combat Money Laundering, FATF, FATF-type Regional Group, RGTF, Eurasian Group on Countering Money Laundering and Terrorist Financing, EAG, international legal status, international organizations.
The article bibliographic list
1. Bobrysheva G. V. The role of the International Educational and Methodological Center for Financial Monitoring in the development of the national system for countering the legalization of criminal proceeds and the financing of terrorism // Siberian Financial School. – 2013. – № 3 (98). – Pp. 101-104.
2. Melkumyan K. S. The effectiveness of regional groups created by the type of FATF (RGTF), on the example of the Eurasian Group for Countering the legalization of criminal proceeds and the Financing of Terrorism (EAG) // Azimut of scientific research: economics and Management. – 2017 – Vol . 6. – № 2(19). – Pp. 352-357.
3. Ponamorenko V. E. On ways to optimize AML/CFT in the banking system of Russia in the conditions of Eurasian integration // Eurasian Legal Journal. – 2015. – № 8 (87). – Pp. 11-14.
4. Toropov B. V. TREIN – FATF training and Research Institute // Financial Security. – 2016. – No. 13. – pp. 64-65.
5. Shibaeva E. A. The law of international organizations. Questions of theory. – M.: International Relations, 1986. – 160 p.
INTERNATIONAL LAW
Subbotin A.P.
On the issue of the responsibility of diplomatic representatives in international law
The article analyzes problematic issues related to the responsibility of diplomats in case they violate the internal laws of the host state. The problem in such situations is that, on the one hand, they (diplomats) are formally offenders, and, on the other hand, due to their diplomatic immunity, they cannot be held accountable by the authorities of the host State. A special place in the work is given to the analysis of incidents from diplomatic practice, which mirror the existing problems. The author of the article suggests possible options for both revising the concept of diplomatic immunity and resolving the problem as a whole.
Keywords: diplomats, diplomatic immunities and privileges, Vienna Convention on Diplomatic Relations of 1961, abuse of diplomatic
immunity, revocation of diplomatic immunity.
The article bibliographic list
1. Borunkov A. F. Diplomatic protocol in Russia and diplomatic etiquette. – M.: Interprax, 1993.
2. Vienna Convention on Diplomatic Relations of 1961. // Abashidze A.H., Fedorov M.V. The law of external relations. Textbook. – M., 2009. Appendix No. III.
3. Kovalev D. The American diplomat was not released from Pakistan. // Rossiyskaya Gazeta is a daily state publication. – 2018. – May 13.
4. Alexander Kashin. The History of my fighting. Part 1. [Electronic resource]. – Access mode: https://alexandr-kashin.livejournal.com/13671.html .
5. Arsalan Aktaf. US diplomat’s chief security official arrested for obstructing justice. // The express Tribune. Pakistan. – 2018. – May 8.
6. Bill Miller. Diplomat Pleads Guilty. // The Washington Post. – Oct. 1997. – P. A1.
7. Gary Scheets. Grieving mom meets envoy Georgian vows no deal on immunity. // The Washington Post. -Feb 11. – 1997.
8. James S. Parkhill. Diplomacy in the Modern World: A reconsideration of the Bases for Diplomatic Immunity in the Era of High-Tech Communications. // Hastings International and Comparative Law Review. – 1998. -Vol. 21.
9. Kevin Foley. Russia: U.S. Diplomat in traffic accident brought home. // RFERL. – Aug. 09. – 1997.
10. Mark S. Zaid. Diplomatic immunity: To have or not to have, that is the question. ILSA // Journal of International and Comparative law. – Vol. 4. – P. 629.
11. Shaiq Hussain. A US diplomat killed a motorcyclist while driving in Pakistan and it’s adding to bilateral tensions. // The Washington Post. – 2018. – April 25.
12. Syeda Mamoona Rubab. Joseph Holl and the truth about diplomatic immunity. // News & Analysis, Latest Issue, Main Slider. – April 13-19. – 2018. – Vol. XXX. – № 10.
13. Tom Jackman. Russian Hurt in Crash Sues U.S. Diplomat.// The Washington Post. – Sep. 15. – 2002.
INTERNATIONAL LAW
Pokrovskaya N.V.
Regulation of investment activity within the framework of WTO law and the relationship with the legislation of the Russian Federation
The constant striving to improve the legal regulation of international investment reflects the growing recognition of the role that investment has begun to play in international economic development and integration. A special place in this belongs to the WTO, as an international organization that largely determines international trade in goods and services. Russia’s WTO membership has created a more favorable climate for foreign investment in the country as a result of changes in the legal system in accordance with WTO standards. It is concluded that the implementation of WTO agreements affecting the legal regulation of investment activities in the legal system of the Russian Federation is connected with Russia’s accession to the Marrakesh Agreement establishing the WTO and the ratification of the Protocol on Russia’s accession to the WTO.
Keywords: international law, WTO law, investment, investment law, WTO agreements, investment agreements, legislation of the Russian Federation, GATT, GATS, TRIMS.
The article bibliographic list
1. Federal Law No. 57-FZ of 29.04.2008 “On the Procedure for Foreign Investments in Business Entities of Strategic Importance for Ensuring the Defense of the Country and the Security of the State”. [electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_76660 /.
2. Federal Law “On Investment Activity in the Russian Federation in the Form of Capital Investments” dated 02/25/1999 No. 39-FZ. [Electronic resource].– Access mode: http://www.consultant.ru/document/cons_doc_LAW_22142 /.
3. Federal Law “On Foreign Investments in the Russian Federation” dated 09.07.1999 No. 160-FZ.[electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_16283 /.
industrial policy in the Russian Federation” (with amendments and additions) // System GARANT.[electronic resource]. – Access mode: http://base .garant.ru/70833138/#ixzz6raPgo8Vw.
5. General Agreement on Trade in Services (GATS)(WTO, Uruguay Round of Multilateral Trade Negotiations, April 15, 1994) // The GUARANTOR system. [electronic resource]. – Access mode: http://base .garant.ru/2541542/#ixzz6raMv9h3R .
6. Convention on the Settlement of Investment Disputes between States and Individuals or Legal Entities of Other States (Washington, March 18, 1965) // System GARANT. [electronic resource]. – Access mode: http://base .garant.ru/2540235/#ixzz6raQ1K1NF.
7. Loginova A. S. Problems of Russia’s adaptation to WTO conditions. Economic and legal aspect // Legal science and practice. – 2014. – No. 2. – pp. 108-113.
8. Loginova A. S. Problems of adaptation of Russian business to WTO conditions // Eurasian Economic Integration. – 2014. – No. 3. – pp. 64-71.
9. Ovchinnikova I. A., Karnakova E. A. Investment attractiveness of Russia: problems and solutions// Bulletin of the Kuzbass State Technical University. – 2015. – No. 1. – pp. 141-146.
10. Protocol of 16.12.2011 “On the accession of the Russian Federation to the Marrakesh Agreement on the Establishment of the World Trade Organization of April 15, 1994”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_132721 /.
11. WTO Agreement on Public Procurement. [electronic resource]. – Access mode: https://www.worldbank.org/content/dam/Worldbank/Event/ECA/public-procurement-forum10-eca/tr-procurement-robertanderson-rus.pdf.
12. Agreement on Trade-related Investment Measures. [electronic resource]. – Access mode:https://wto.ru/upload/iblock/51f/51fe986438819495d0da7a6c12e8e977.doc .
13. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (WTO, Uruguay Round of Multilateral Trade Negotiations, April 15, 1994) (with amendments and additions) // The GUARANTOR system. [electronic resource]. – Access mode:http://base.garant.ru/4059989/#ixzz6raNRiMZn.
14. Overview of the U.S. and E.U. sanctions on Russia //Red Smith [Electronic resource] – Access mode:https://www.reedsmith.com/files/Publication/9221cf81-e 4 f 7 – 4 9 0 7 – a b 2 c – f 7 d c 2 4 9 e a c 5 8 / P r e s e n t a t i o n /PublicationAttachment/441e0ec9-dbd8-4c3a-b1fa-
0bf7ed4d5872/alert_14-255.pdf – Title. from the screen.
THE LAW OF FOREIGN STATES
Alizade D.E.
Legal aspects of the formation of special economic zones in world practice and in the Republic of Azerbaijan
This article examines the current issues of regulation of special economic zones in the world practice and national legislation, as well as highlights and describes the characteristic features of their creation and functioning. The article pays considerable attention to the disclosure of the content of the concept of special economic zones in the Republic of Azerbaijan and the analysis of legislation applicable to the Alat Free Economic Zone.
Keywords: special economic zones, free economic zones, entrepreneurial activity, innovation, foreign investment, preferential treatment, the Republic of Azerbaijan.
Article-by-article bibliography
1. Lorenzo Cotula, Liliane Mouan, Special economic zones: engines of development or sites of exploitation,IIED Briefing, 2018.
2. OECD, Enforcement Challenges in Countering Illicit Trade in Free Trade Zones, OECD Publishing. – Paris, 2018.
3. OECD, Working Party of the Trade Committee Report on Export Processing Zones: Past and Future role in trade and development, OECD Publishing, 2007.
4. Sergey Sosnovskikh, Industrial clusters in Russia: The
development of special economic zones and industrial parks // Russian Journal of Economics. – № 3. – 2017. –P. 174-199.
5. Susan Tiefenbrun, U.S. Foreign Trade Zones of the United States, Free-Trade Zones of the World, and their Impact on the Economy // Journal of International Business and Law. – Volume 12. – Issue 2. – 2013.
6. The World Bank Group, Special Economic Zones in Africa: Comparing Performance and Learning from Global Experiences, Thomas Farole, 2011.
7. The World Bank Group, Special Economic Zones, performance, lessons learned and implications for zone development, 2008.
8. The World Bank Group, Special Economic Zones: An Operational Review of their Impacts, Washington, DC, 2017.
9. The World Bank Group, Special Economic Zones:Progress, Emerging Challenges, and Future Directions, Thomas Farole, Gokhan Akinci, eds., 2011.
10. Torres, R., Free Zones and the World Trade Organization Agreement on Subsidies and Countervailing Measures, Global Trade and Customs Journal 5, 2007.
11. United Nations Conference on Trade and Development, World Investment Report. International Production Beyond the Pandemic, 2020.
12. United Nations Conference on Trade and Development, World Investment Report. Special Economic Zones, 2019.
13. United Nations Economic and Social Commission for Asia and the Pacific, Free Trade Zone and Port Hinterland Development, 2005.
14. Vinod K. U., Dr. M. Meerabai, Significance of Free Economic Zones: a Study From an International Perspective // International Journal of Trade & Global Business Perspectives. – № 5 (4). – P. 3111-3120. – 2016.
15. Walter H. Diamond, Tax-Free Trade Zones Aid Both Exporters and Importers, The American Banker 15, 1980.
THEORY OF STATE AND LAW
Goloborodko A.Yu., Stetsenko I.A.
Technologies of cultural enlightenment in the context of updating the tools and expanding the content of civil law education of students (on the example of the experience of the A. P. Chekhov Taganrog Institute)
There are a number of negative trends in the socio-cultural sphere of modern Russian society, including the destruction of traditional social practices, the erosion of well-established institutional ties, and the discontinuity of continuity between generations. Many researchers associate the crisis manifestations in modern society with the lack of well-established institutions of cultural enlightenment of young people, which should ensure the transmission of traditional Russian values, education in the spirit of citizenship and legal culture.
Keywords: state, society, civil law education, Educational development strategy, cultural enlightenment, Russian Federation, traditions, society, youth, citizen.
The article bibliographic list
1. Fundamentals of the state youth policy of the Russian Federation for the period up to 2025. Approved by the Decree of the Government of the Russian Federation dated 29.11.2014 No. 2403-R. [electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/70713498 / (accessed: 18.07.2019).
2. Strategy of the State national policy of the Russian Federation for the period up to 2025 Approved by the Decree of the President of the Russian Federation dated 19.12.2012 No. 1666. [electronic resource]. – Access mode: http://www.lawinrussia.ru/node/298145 (date of application:03.01.2019).
3. Strategy for the development of education in the Russian Federation for the period up to 2025 [Electronic resource]. – Access mode: http://council.gov.ru/media/files/41d536d68ee9fec15756.pdf (date of application:03.12.2019).
THEORY OF STATE AND LAW
Butenko A.K.
Features of legal understanding in legal positivism
The article is devoted to the analysis of positivist interpretations of the emergence and understanding of law, in which priority is given to the issues of correlation and interrelation of law and the state, as well as the role of state coercion in these processes. In addition, the article touches upon issues related to the causes of the emergence of the positivist trend in jurisprudence, examines the general ideas of the interdependence of law and the state, as well as the grounds for the emergence of various interpretations of the interpretation of law and mechanisms for its implementation in legal positivism, considers the main sources of positive law. The article attempts to generalize the features of legal understanding in legal positivism.
Keywords: positivism, law, state, society, state coercion, sources of law, rule of law, legal understanding.
The article bibliographic list
1. Baitin M. I. The essence of law (Modern normative legal understanding on the verge of two centuries). – M.: Publishing House “Law and State”, 2005.
2. Kont O. The spirit of positive philosophy. – St. Petersburg, 2001.
3. Shershenevich G. F. Favorites. – M.: Izd-in Statute, 2016.
THEORY OF STATE AND LAW
Voikova N.A.
Features of the activities and responsibilities of the internal controller in the organization
The article discusses the basic requirements for a person holding the position of internal controller in an organization, examines the essence of internal control activities in an organization, specifies approximate goals and objectives of internal control, describes the documents that the internal controller makes based on the results of the inspections, lists the objects of inspections for which the internal controller in a non-profit organization will be responsible.
Keywords: professional standard, responsibility, goals and objectives of internal control.
The article bibliographic list
1. Petrov A. N. Development of the internal control system in non-profit organizations. Dis. … Ph.D. in Economics, 2015.
2. Frolova E. E. Risk–oriented approach in the formation of risk management policy by the organization // Human Rights Defender. – 2016. – No. 2. – P. 1.
THEORY OF STATE AND LAW
Direganova A.V., Avanesova A.A.
Human rights as the most important element of the development of civil society: problems of theory and practice
This article examines the evolution of human rights as an essential element of the development of civil society and its institutions, analyzes the impact and close relationship between the development of human rights and civil society, the mechanisms of interaction of various civil society institutions, including in the field of human rights protection. One of the conclusions of the article is that in the light of new global challenges to humanity, the problems of interaction between civil society institutions and the level of human rights development are of a priority nature.
Keywords: human rights, civil society, rule of law, evolution of human rights, restriction of human rights, personality, state.
The article bibliographic list
1. Afanasyev A. N. About “copyright” on human rights in historical retrospect // History of the state and law. – 2010. – No. 18.
2. Boldyreva O. M. Protection of human rights in the history of international law // Bulletin of the Prikamsky Social Institute. – 2018. – No. 1. – pp. 14-20.
3. Varlamova N. V. The COVID-19 pandemic as a challenge to constitutional law and order // Comparative Constitutional Review. – 2020. – No. 6.
4. Kalinina S. V., Kirillova G. N. Interaction of the Federal Migration Service of Russia with civil society institutions // Migration Law. – 2016. – No. 2. – p. 27.
5. Polyakova V. E. Institutes of civil society// The material was prepared for the Consultant-Plus system using legal acts as of March 10, 2021.
6. Dzybova S. G., Parasyuk E. A. The legal system and civil society: mechanisms of mutual influence //Russian justice. – 2016. – № 6.
7. Khaliy I. A. Institutions of civil society in modern Russia. To the methodology of study.[electronic resource]. – Access mode: http://www.civisbook.ru/files/File/Khaliyy.pdf .
THEORY OF STATE AND LAW
Zelenin N.Yu.
The prejudice of judicial decisions and the concept of distinguishing issues of fact and law
The article analyzes the intersectoral features of prejudice in Russian law and its connection with the concept of distinguishing issues of fact and law. A brief historical description and analysis of the current position of prejudice in domestic jurisprudence lead to conclusions that the need for a more thorough and specific analysis of the key features and parameters of this institution has not been lost. The author proposes to pay attention to the concept of distinguishing issues of fact and law as one of the tools of its development.
Keywords: prejudice, prejudice, questions of fact and law, binding judgments
The article bibliographic list
1. Budylin S.L. Inner conviction or balance of probabilities? Standards of proof in Russia and abroad // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014. No. 4.
2. Vaskovsky E.V. Textbook of civil procedure: textbook for universities. M., 2016.
THEORY OF STATE AND LAW
Zelenin N.Yu.
The prejudice of judicial decisions and the concept of distinguishing issues of fact and law
The article analyzes the intersectoral features of prejudice in Russian law and its connection with the concept of distinguishing issues of fact and law. A brief historical description and analysis of the current position of prejudice in domestic jurisprudence lead to conclusions that the need for a more thorough and specific analysis of the key features and parameters of this institution has not been lost. The author proposes to pay attention to the concept of distinguishing issues of fact and law as one of the tools of its development.
Keywords: prejudice, prejudice, questions of fact and law, binding judgments
The article bibliographic list
1. Budylin S.L. Inner conviction or balance of probabilities? Standards of proof in Russia and abroad // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014. No. 4.
2. Vaskovsky E.V. Textbook of civil procedure: textbook for universities. M., 2016.
3. Erokhova. M.A. Scientific round table of the Law Institute “M-Logos” on the topic “Problems of proof in civil and arbitration proceedings – 3”. [Electronic resource]. – Access mode: https://m-logos.ru/img/Tezisy%20Erokhovoi%20M.%20A._280514.pdf .
4. Klinova E.V. Manifestation of the legal force of a court decision. Dis. … cand. jurid. M., 2004.
5. Knyazev A.A. The legal force of a court decision. Dis…. cand. jurid. M., 2004.
6. Malyshev K. Course of civil procedure. Volume One. St. Petersburg, 1876.
7. Malchenko K.N. The prejudice of judicial decisions in civil proceedings. Dis. … cand. jurid. sciences’. Saratov, 2015.
8. Matskevich P.N. Prejudice in civil and administrative proceedings of Russia. Dis. …cand. jurid. M., 2017.
9. Problems of the development of procedural law in Russia:monograph / A.V. Belyakova, L.A. Voskobitova, A.V. Gabov et al.; edited by V.M. Zhuikov. M., 2016.
10. Milovidov N. The legal force of judicial decisions in civil cases. Yaroslavl, 1875.
11. Sakhnova T.V. Course of civil procedure. M., 2014.
12. Khlyustov P. The problem of the concept of a prejudicial fact in the context of the reform of procedural legislation. [electronic resource]. – Access mode: https://zakon.ru/blog/2014/10/29/problema_ponyatiya_preyudicialnogo_fakta_v_kontekste_reformy_processualnogo_zakonodatelstva.
13. Engelman I.E. Course of Russian civil procedure. Yuryev, 1912.
THEORY OF STATE AND LAW
Kolesnikova N.A.
The concept and legal nature of the Ombudsman institution
The article examines the institution of the Ombudsman from the standpoint of its essence and legal nature. The conclusion is made about its dual nature, combining constitutional-legal and administrative-sectoral elements. The organization of the activities of the Ombudsman institute in Russia is considered. The priority tasks of this institute are analyzed. Special attention is paid to the analysis of appeals to the Ombudsman for 2016-2020, as well as priority areas for the protection of citizens’ rights and freedoms during the COVID-19 pandemic.
Keywords: human rights protection, ombudsman, commissioner, rights, powers, COVID-19 pandemic.
The article bibliographic list
1. On the Commissioner for Human Rights in the Russian Federation: Federal Constitutional Law No. 1-FKZ of February 26, 1997 (ed. from 09.11.2020)// Russian Gas. 1997. March 04. No. 43-44.
2. On Human Rights Commissioners in the subjects of the Russian Federation: Federal Law No. 48-FZ of 18.03.2020 // Russian Gas. 20.03.2020. No. 60.
3. On the Commissioner for the Rights of Consumers of Financial Services: Federal Law No. 123-FZ of 04.06.2018 // Collection of Legislation of the Russian Federation. 2018. No. 24. St. 3390.
4. Akimova M. A. Forms and methods of non-state protection of individual rights and freedoms // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2011. Issue 3. p. 14.
5. Kolesnikova N.A., Ryabova E.L. Civil society in modern Russia: Monograph. M.: International Publishing Center “Ethnosocium”, 2016. pp. 197-198.
6. Alekseev S.S. General Theory of Law. Vol. 1. M., 1981.
7. Boitsova V.V. Commentary on the Federal Constitutional Law “On the Commissioner for Human Rights in the Russian Federation”. Moscow: Norm, 1997.
8. Vodyakhin V.M., Shubina T.B. Protection of law as a legal category // Jurisprudence. 1998. No. 1. p. 67.
9. Activities of the Commissioner for Human Rights during the pandemic: Official website of the Commissioner for Human Rights in the Russian Federation. [electronic resource]. – Access mode:https://ombudsmanrf.org/news/corona_v / (accessed: 03/14/2021).
10. Commentary to the Federal Constitutional Law No. 1-FKZ of February 26, 1997 “On the Commissioner for Human Rights in the Russian Federation” (article by article) / I.V. Lagun, A.B. Yudina; Edited by E.G. Markelova. M., 2009. p. 87.
11. Maly A.F. Public Chamber of the Subject of the Russian Federation Federations: some problems of determining the legal status // Constitutional and
municipal law. – 2017. – No. 5. – pp. 38-41.
12. Musayeva G.M., Gadzhimakhadov V.K. Commissioner for Human Rights of the Russian Federation as a specialized institute for the promotion of the protection of the rights and freedoms of citizens // Legal Bulletin of the DSU. 2014. No. 2. p. 26.
13. Report of the Financial Commissioner’s Service on activities in 2019 // Official website of the Commissioner for Consumer Rights of Financial Services. [electronic resource]. – Access mode:finombudsman.ru (accessed: 03/10/2021).
THEORY OF STATE AND LAW
Nikitin A.A.
Forms of realization of the right and legal discretion
The article raises the question of the need to study the discretion of a subject who is not endowed with state authority, carried out in the process of exercising the right. Various approaches to the definition of the category “realization of the right” and forms of implementation are considered. In the context of the problem of legal discretion, the specific features of compliance, enforcement and use of the right are analyzed.
It is concluded that the discretion exercised by the subject in the observance, execution and use of law is a kind of discretion in law that exists along with law enforcement and law-making discretion.
Keywords: legal discretion, realization of the right, observance of the right, enforcement of the right, use of the right.
The article bibliographic list
1. The Civil Code of the Russian Federation (Part One) of November 30, 1994 (as amended. dated December 8, 2020) No. 51-FZ // SZ RF. – 1994. – No. 32. – Article 3301; 2020. – No. 50 (part 3). – Article 8072.
2. The Family Code of the Russian Federation of December 29, 1995 (as amended. dated February 4, 2021) No. 223-FZ// SZ RF. – 1996. – No. 1. – St. 16; 2021. – № 6. – Article 960.3.
The Civil Code of the Russian Federation (Part Two) of January 26, 1996 (as amended. dated December 27, 2019) No. 14-FZ // SZ RF. – 1996. – No. 5. – Article 410; 2019. – No. 52 (Part 1). – Article 7807.
4. The Civil Code of the Russian Federation (Part Three) of November 26, 2001 (as amended. dated March 18, 2019) No. 146-FZ // SZ RF. – 2001. – No. 49. – St. 4552; 2019.– № 12. – Article 1224.
5. The Civil Code of the Russian Federation (Part Four) of December 18, 2006 (as amended. dated December 30, 2020) No. 230-FZ // SZ RF. – 2006. – No. 52 (Part 1). – Article 5496; 2021. – No. 1 (Part 1). – Article 66.
6. Belyanskaya O. V. The essence and main forms of realization of the right // Legal policy and legal life. – 2008. – № 3.
7. Vasilevich S. G. The concept and forms of implementation of legal norms. General characteristics // Vesnik BDU. Ser. 3. – 2013. – № 2.
8. Grigorov A. A. Self-defense as a form of realization of the right // Education and science in modern conditions. – 2016. – № 2-2.
9. Dolotova V. V. Some features of the use of the category “execution” in law-making and law-implementing activities // Bulletin of the Vladimir Law Institute. – 2010. – № 4.
10. Lazarev V. V., Lipen S. V. Theory of state and law. Textbook for universities. 3rd ed., ispr. and add. – M.:Spark, 2004.
11. Maksimov G. B. Forms of realization of the right // Law and practice. – 2014. – № 2.
12. Malikov M. K. Problems of realization of the right. – Irkutsk: Publishing house Irkut. un-ta, 1988.
13. Malko A.V. Incentives and restrictions in law. 2nd ed., reprint. and additional – M.: Jurist, 2003.
14. Marxist-Leninist general theory of state and law / Ed. by E. A. Lukasheva. – M.: Legal literature, 1973.
15. Matuzov N. I., Malko A.V. Theory of state and law. – M.: Jurist, 2003.
16. Mashkin A.V. Execution as a form of realization of law in the Russian Federation Federation // Bulletin of the Russian State University of Trade and Economics. – 2009. – № 9.
17. Melnikov S. A. Self-defense as an individual form of realization of the right // Legal policy and legal life. – 2016. – № 1.
18. Morozova L. A. Features of the forms of realization of the rights and freedoms of the individual // Actual problems of the state and law. – 2018. – Vol. 2. – No. 5.
19. Nedbaylo P. E. Application of Soviet legal norms. – M.: Gosyurizdat, 1960.
20. Orzikh M. F. Implementation by the Soviet public of the norms of national socialist law: abstract. dis. … cand. jurid. sciences’. – Kharkiv, 1966.
21. Osipov A.V. The concept and characteristic features of compliance with the norms of law // Questions of the theory of state and law: Personality, law, legal system. Inter-university. Scientific Collection (issue 8). – Saratov: Publishing House of Saratov University, 1988.
22. Sennikov I. E. The use of law as a form of direct implementation of legal norms:autoref. dis. … cand. jurid. sciences’. – Nizhny Novgorod, 2003.
23. Stepanenko R. F. Lawmaking as a special form of realization of law (general theoretical and methodological problems) // Tatishchev readings: actual problems of science and practice. Materials of the XIV International Scientific and Practical Conference. In 4 volumes. – Tolyatti: Publishing House of the V. N. Tatishchev Volga State University, 2017.
THEORY OF STATE AND LAW
Samoylova I.N., Butaev M.I., Kuzmenko A.Yu., Orekhov A.S.
The concept of the essence of the state in the modern theory of state and law
The relevance of this study lies in the fact that at present the concept of the state has a versatile character and each time it becomes more complicated, and with it its types and forms.
The essence of the state in the modern theory of state and law is often reduced to its social purpose, which significantly impoverishes the category of essence and does not allow to advance along the path of cognition of the deepest moment of the essence of the state.
Keywords: state, state power, governance, democracy, ruling class, racial approach,
class approach, general social approach.
The article bibliographic list
1. Levakin I. V. On basic approaches in the theory of state and law as a science and academic discipline // State and Law. – 2017. – No. 4. – pp. 80-85.
2. Protasov V. N. Theory of law and State. Problems of the theory of law and the state: Questions and answers. – Moscow: Novy Yurist, 1999. – 210 p.
3. Protasov V. N. Actual problems of the theory of law:what and how law regulates: a textbook for universities. – Moscow: Yurayt Publishing House, 2020. – 137 p.
4. Stepanenko R. F., Lyagin K. A. The main directions of modern legal policy of Russia. In the collection:Innovative approaches to the system of higher professional education / Materials of the final scientific and practical conference of teachers and
postgraduates. Edited by F. G. Mukhametzyanova. – 2015. – pp. 382-386.
5. Tonkov E. E. Transformation of legal forms of state functions in a crisis situation // History of the state and law.– 2015. – June (No. 11). – pp. 34-39.
6. Chernova E. R. Problems of the origin of the state and law // Scientific and practical journal “Alley of Science”. – 2018. – № 2 (18). – Pp. 1-8.
THEORY OF STATE AND LAW
Isaeva V.V., Mashekuasheva M.H.
International and national regulation of the right to privacy: legal aspects and special features
The absence of a definition of private life in Russian legislation has predetermined the relevance in the study of issues of both national and international regulation of the right to privacy. The intangible good in the form of the concept of “private life” is considered by the Russian legislator only from the position of inviolability
of private life and the constitutional right to privacy, which is why there is no
common legal understanding of the essence of the intangible good in question.
Keywords: private life, inviolability of private life, intangible good, right to privacy, non-property right.
The article bibliographic list
1. The Civil Code of the Russian Federation, Part one: Federal Law No. 51-FZ of November 30, 1994// Collection of Legislation of the Russian Federation.- 1994. – No. 32. – Article 3301.
2. On Amendments to Subsection 3 of Section I of Part One of the Civil Code of the Russian Federation:Federal Law No. 142-FZ of July 02, 2013 // Rossiyskaya Gazeta. – 2013. – № 145.
3. Bakaeva I. V. The concept and signs of intangible benefits: legislation, theory and practice // Laws of Russia: experience, analysis, practice. – 2012. – No. 4.
4. Borycheva T. A. Civil protection of intangible benefits of legal entities: dis. … cand. jurid. sciences.- M., 2017. – 231 p.
5. V. Ivansky. P. On the definition of a person as a subject of law of the XXI century through the prism of the information-quantum concept of law (Part 1) // Administrative law and process. – 2016. – No. 1. – pp. 48-53.
6. Krasotenko O. Yu. The concept of “private life” in the decisions of the European Court of Human Rights // Collection of theses of the 68th scientific and practical conference of students, undergraduates and postgraduates of the Faculty of International Relations of BSU. – Minsk, 2011. – pp. 51-53..
7. Mashekuasheva M. H., Gelyakhova L. A. Legal regulation of personal data processing Data in Russia // Problems of economics and legal practice. – 2020. – Vol.16. – No. 5. – pp. 207-211.
THEORY OF STATE AND LAW
Yankin G.N.
Political prospects of the EAEU as a Union of states within the framework of the concept of “Greater Eurasia”
The focus of this article is on the problem of political integration of the EAEU member states. The need for joint coordination of the political efforts of the members of the Union is conditioned by the challenges of modern economic and political development of states in the conditions of the formation of a multipolar world. The article highlights possible ways to expand membership in the EAEU. The prospect of the Eurasian Economic Union growing from a purely economic into a political one, that is, into a Eurasian Union, is outlined.
Keywords: Eurasian Economic Union, integration, multipolarity, political union.
The article bibliographic list
1. The Treaty on the Eurasian Economic Union (Signed in Astana on 29.05.2014) (as amended on 01.10.2019).[Electronic resource]. – Access mode: www.pravo.gov.ru (Publication date: 01/16/2015).
2. Malikova A. H. Normative and legal embodiment of the ideas of the social state // Leningrad Law Journal. – SPb., 2008. – № 2 (12). – Pp. 55-61.
3. Malysheva D. B. Political interaction of the Central Asian participants of the EAEU and the European Union // Contours of global transformations: politics, economics, law. – 2019. – Vol. 12. – No. 2. – pp. 98-116.
4. Palilov D. E. Political aspects of the development of international transport corridors in the EAEU// Questions of Political Science. – 2019. – T. 9. – № 6 (46). – Pp. 1300-1304.
5. Pantin V. I. Political institutions in the EAEU countries: problems of adaptation and transformation //Bulletin of Perm University. Political science. -2020. – VOL. 14. – No. 2. – PP. 88-97.
HISTORY OF STATE AND LAW
Zharov S.N.
On the legal responsibility of employees of the political investigation department of the Russian Empire (XIX – XX centuries)
The article examines the problems of legal responsibility of the political investigation officers of the Russian Empire (XIX – early XX century). Among the many gendarmerie officers and lower ranks, as well as secret employees who conscientiously performed their official duties and duties assigned to them, from time to time people were found who used their official position for personal purposes. The leadership of the Police Department, a separate corps of gendarmes brought such employees to legal responsibility, disciplinary, administrative or criminal.
The study of laws (the Code of Criminal and Correctional Punishments of 1845) and local regulatory legal acts (the Disciplinary Statute, the Order for conducting a political search) makes it possible to identify the types and procedure for imposing disciplinary penalties, the procedure for dismissal from service, as well as their responsibility for criminally punishable acts.
Keywords: Russian Empire, security departments, detectives, secret officers, disciplinary responsibility, criminal responsibility, administrative responsibility.
The article bibliographic list
1. Bykov A.V., Bykova A. G. Legal regulation of penalties for disciplinary offenses of police officers of the Russian Empire (the second half of the XIX – early XX centuries) // Genesis: historical research. – 2019. – No. 6. – pp. 80-88.
2. GA of the Russian Federation. – F. 102. – OO. – D. 101. – T. 1. – L. 30. – 56ob.
3. GA RF. – F. 58. – Op. 5. – D. 84. – L. 71.
4. GA RF. – F. 58. – Op. 5. – D. 4. – L. 74.
5. V Elinsky. I. History of criminal investigation in Russia (x – early XX V.). – M., 2004.
6. Zharov S. N. The last attempt to reform the political investigation in the Russian Empire. – Chelyabinsk, 2007.
7. Zharov S. N., Parsukov V. A., Plekhanov A. A., Sergeev A. B., Khachaturov R. L. educational and scientific manual. In 35 volumes. – M., 2015. Volume XXII of the Special Services of the Russian Empire.
8. Lavrin A. P. Chronicles of Charon: Encyclopedia of Death. – Novosibirsk, 1995.
9. Matienko T. L. Russian detective in the IX – first half of the XIX century. Genesis and formation: monograph.– M.: UNITY-DANA, 2015.
10. New Criminal Code. – St. Petersburg, 1903.
11. Nabokov V. D. About the article by V. N. Novikov //Right. – 1909. – No. 18.
12. Novikov V. N. Responsibility of the provocateur under the criminal code // Right. – 1909. – № 18.
13. OGACHO. – F. I-57. – Op. 1. – D. 2. – L. 19.
14. Ovchenko Yu. F. Security of the Empire: (political search -a means of ensuring the security of the Russian autocracy, 1880-1917). – M.: Techinform, 2012.
15. Peregudova Z. I. Political investigation of Russia (1880-1917). – Moscow: ROSSPEN, 2000.
16. The complete collection of laws of the Russian Empire.Sobr. III. – Vol. 1. – No. 383.
17. Code of Laws of the Russian Empire. Vol. 15. – St. Petersburg, 1885.
18. Spiridovich A. I. Notes of the gendarme. – M., 1991.
19. Tagantsev N. S. Russian Criminal Law. Lectures. The general part. In 2 vols. – M.: Nauka, 1994. – Vol. 1
20. Uryson I. S. Agent provocateur under the current criminal law // Right. – 1907. – No. 32-33.
21. The investigative service in the Russian Empire: Documents and materials (the second half of the XIX century. – 1917) / Author-comp. V. M. Chisnikov. – Kiev: MP “Lesya”, 2010.
22. Khutarev-Garnishevsky V. V. Ghosts of treason. Russian special services in the Baltic in the Memoirs of Lieutenant Colonel V. V. Vladimirova, 1910-1917: A collection of memoirs and documents. – Moscow: Historical Memory Foundation, Rodina, 2019.
23. Daly J. W. Autocracy under Siege: Security Police and Opposition in Russia 1866-1905. Northern Illinois University Press, 1998.
24. Geifman A. You will Kill: Revolutionary Terrorism in Russia, 1894-1917. – Princeton. New Jersey, 1993.
25. Shleifman N. Internal agents: The basis of political police in Russia. – Tel Aviv, 1982.
26. A reader on Terrorism: A Historical Anthology. Ed. Author: Walter Lacker. Temple University Press. Philadelphia, 1983.
HISTORY OF STATE AND LAW
Azizova P.M.
The State and law of Greece in the Ancient period
The article reveals the most important stages of the development of Ancient Greece in the period under study, as well as the features of the socio-legal status of various categories of the population, including citizens who lived on the territory of the state in the ancient period. The article highlights the special provisions of the social development of the country of this period.
Keywords: Areopagus, Galilee, court of Ephetes, people’s Assembly, Council of Four Hundred, reforms of Cleisthenes, Dragon.
The article bibliographic list
1. Bekishieva S.R. The legal system. Makhachkala, Business World, 2006.
2. Galadkov V.I. Historical excursion into ancient law. Moscow, 1995.
3. History of state and law of foreign countries: textbook for universities. Author. call. ed. Chibiryaeva S.A. Bylina. M., 2002.
4. Musaeva A.G. Citizens (individuals) as subjects of civil law // Eurasian Law Journal. 2015. No. 8 (87). pp. 179-180.
5. Musayeva A.G. Legal and ethical-moral ways of self-purification in Dagestan society //Humanities, socio-economic and social sciences. 2014. No. 12-2. pp. 75-77.
6. Musayeva A.G. Characteristic differences of the state (public legal entity) from other subjects of law // Eurasian Law Journal. 2015. No.8 (87). pp. 138-139.
7. Nikoforova N.A. History of state and law of foreign countries: studies. manual. M., 2007.
8. Spirodonovsky A.V. Athenian law. M., 1987.
HISTORY OF STATE AND LAW
Evseev I.V.
Historical features of the emergence and development of specialized institutions for the isolation of offenders in the Urals in the XVIII-XX centuries.
This article provides a historical overview of the formation of prison-type institutions in the Urals. The author, based on the presented material, concludes that each institution of this type appeared and reformed depending on the prevailing ideology and political aspirations of the authorities, as well as on certain indicators of the development of society at a specific time and on a specific territory. Thus, the author uses historical material preserved in the archives of institutions to illustrate this thesis.
Keywords: fortress, prison, guardhouse, caretaker, prison castle, convict
prison.
The article bibliographic list
1. Archive of current documents of the institution of the Federal Penitentiary Institution GUFSIN of Russia in the Chelyabinsk region, F. 433, Op. 1. Exhibition Fund.
2. State Archive of the Russian Federation (GA RF), F. 8409, Op. 1, d. 68., D. 38.
3. GA RF. F. 9414. Op. 1. D. 1393.
4. GA RF. F. 9413. Op. 1. D. 128.
5. State Archive of Orenburg the regions of GAOO. F. 134, op. 1, d. 35,49, 51.
6. The city of Troitsk and its county: reference. and the address-calendar of 1912-1913 – Troitsk : Publishing house of I.I. Sharapin, 1912. – 115 p.
7. Evseev I.V. From the history of the emergence of correctional institutions in the Southern Urals from the moment of its emergence to the end of the XX century. Zlatoust prison. – Yekaterinburg: Publishing house of IP Pidzhakov A.V., 2015. – 237 p.
8. Evseev I.V. From the history of the emergence of correctional institutions in the Urals from the moment of its emergence until the 1970s. Verkhneuralskaya prison. – Yekaterinburg: Publishing house of IP Pidzhakov A.V., 2020. – 250 p.
9. Evseev I.V. Verkhneuralskaya prison: the history of the penitentiary institution // Bulletin of Chelyabinsk State University. – 2007. – Issue 22. No. 21 (99). – Chelyabinsk. – pp. 75-80.
10. The Local History Museum of G. V. Ufaley. F. 819. Op. – d. 1. – 3.
11. General prison instruction. – St. Petersburg: Gl. prison. upr., 1912. – 96 p.
12. Mironov B.N. The social history of Russia during the Empire period (XVIII – early XX century): The genesis of personality, democrat. families, citizens. o-va and the rule of law: In 2 t.. – 3. ed., ispr. and add. – St. Petersburg: Dmitry Bulanin, 2003. – 547 p.
13. Municipal institution “Verkhneuralsky District Museum of Local Lore” (MU “Verkhneuralsky District Museum of Local Lore”) F. 5. Op.1. D 4. Exhibition Fund.
14. Collection of circulars issued by the Main Prison Administration in 1879-1910: Part 1. – St. Petersburg: Gl. prisons. upr., 1911. – Part 1: 1879-1895.– 1911. – 461 p.
15. Lists of populated places of the Russian Empire compiled and published by the Central Statistical Committee of the Ministry of Internal Affairs.- St. Petersburg: ed. Centre. stat. com. Min. internal affairs, 1861-1885. Issue 28: Orenburg province: … according to the information of 1866 / comp. and ed. Centre. stat. com. M-va internal affairs; processed by V. Zverinsky. – 1871. – CX, 108 p.
16. Russian State Military Historical Archive. – RGVIA. F.20 Military expedition of the Military College. Inventory 1. 1720-1788. 1519 units of hr d. 776.
17. Rychkov P. Orenburg printing house, that is, a thorough description of the Orenburg province. Vol. 1. -St. Petersburg 1762. – 405 p.
18. Central State Historical Archive of the Republic of Bashkortostan (Central State Historical Archive of the Republic of Bashkortostan). F. I-9, Op. 1, d. 383.
19. Collection of circulars issued by the Main Prison Administration in 1879-1910: Part 1. – St. Petersburg: 1879-1895 – 1911. – 461 p.
HISTORY OF STATE AND LAW
Yelchaninova O.Yu
. The Nature of monarchical power according to the Basic State Laws of the Russian Empire in the state-legal Discourse of the XIX – early XX century.
The article is devoted to the consideration of the question of determining the essence of the monarchical power of the Russian Empire in the XIX-XX centuries. The author shows that among the representatives of scientific thought, different approaches to understanding the legal nature of the state system, fixed by the provisions of the Basic state Laws of the Russian Empire, have taken shape. According to some, according to the laws adopted in the Russian Empire, a constitutional representative system was established. For others, Russia continued to be an unlimited monarchy. In the context of the problem under consideration, the paper provides an analysis of the sources of legislation and state-legal literature of the XIX-XX centuries. It is concluded that the Main state laws of the Russian Empire in the edition of 1906 only prolonged the legal provisions regarding the absolute monarchy as a form of government in Russia. They clearly identified and defined the essence of the supreme autocratic power, its signs, such as sacredness, heredity, legality, unlimited, inviolability. Within the framework of the study, the dialectical approach, the formal legal method, the method of interpretation of legal norms, the method of retrospective analysis, the method of systematization, etc. were used.
Keywords: state policy, state system, form of government, Russian Empire, monarchy, autocratic system, supreme power, Basic state laws, manifesto, decree.
The article bibliographic list
1. Alekseev A.S. Russian state law: lecture notes. ‒ M.: Type. About the distribution of useful books, 1897. – 473 p.
2. Gradovsky A.D. The Beginnings of Russian state Law: In 3 volumes. – St. Petersburg: Printing house of M. M. Stasyulevich, 1891. – Vol. 1 – 436 p.
3. Korkunov N.M. Russian State law. ‒St. Petersburg: Printing house of M. M. Stasyulevich, 1899. T.I. – 573 p.
4. Regulations or the Statute of the Spiritual College on January 25, 1721 // The Complete Collection of laws of the Russian Empire. Sobr. 1-E. – T. 6. – St. Petersburg: Type. II of the Department of His Imperial Majesty’s Own Chancellery, 1830. – 817 p.
5. Romanovich-Slovatinsky A.V. A manual for the study of Russian state law by the method of historical and dogmatic. Kiev: Univ. type. – Issue 1. – 111 p.
6. The Code of Basic state laws // The Code of Laws of the Russian Empire. – St. Petersburg: Type II of the Department Of Its Own E.I.V. Chancellery, 1892. ‒ Vol. 1. – Part 1. Articles 1-4. ‒ 1026 p.
7. Speransky M.M. Guide to the knowledge of laws. St. Petersburg: Type II of the Department of His Imperial Majesty’s Own Chancery, 1845. – 171 p.
8. The Military Charter of March 30, 1716 // The Complete Collection of laws of the Russian Empire. Sobr. 1-E. – St. Petersburg: Type II of the Department of His Imperial Majesty’s Own Chancellery, 1830. The complete collection of laws of the Russian Empire. Sobr. 1-E. ‒ T. 5. ‒ St. Petersburg: Type II of the Department of His Imperial Majesty’s Own Chancellery, 1830. – 782 p.
9. The Charter of the Sea on January 13, 1720 // The Complete Collection of laws of the Russian Empire. Sobr. 1-E. – T. 6.– St. Petersburg: Type. II of the Department of His Imperial Majesty’s Own Chancellery, 1830. – 817 p.
10. The institution of the Imperial family. April 5, 1797 // The Complete Collection of laws of the Russian Empire. Sobr. 1-E. – T. 24. ‒ St. Petersburg: Type. II of the Department of His Imperial Majesty’s Own Chancellery, 1830.– 872 p.
HISTORY OF STATE AND LAW
Musayeva A.G.
Rishvat (bribery, corruption) as a type of criminally punishable crime in the sources of the law of the peoples of Dagestan in the XIX century
In this article, the author tried to reveal the content, sources, as well as to identify the forms and types of bribery as one of the components of corrupt criminal activity at all levels of government in traditional society throughout the nineteenth century, using the example of a constituent entity of the Russian Federation – the Republic of Dagestan, and also analyzed various methods of combating this negative social phenomenon. This article also attempts to trace, based on existing legal sources, in various political entities on the territory of Dagestan, the forms and types of corruption, methods and methods of combating it. At the same time, the main source of anti-corruption cited in the article, we consider the Code of Imam Shamil. The main source of written law in Dagestan during the Caucasian War was the Code of Imam Shamil – Nizami Shamil. The Nizams unified various norms of adat law, they were created on the basis of Muslim law – Sharia. This Code for the first time identifies such a type of offense as bribery – “rishvat” as the main constituent element of corruption at various levels of government and defines severe punishment for its commission.
Keywords: Dagestan, the state, rishvat law, sharia, Islam, Muslim civilization.
The article bibliographic list
HISTORY OF STATE AND LAW
Prokhorov V.V.
Fight against homelessness and juvenile delinquency in the Crimea in the first half of the 1920s.
The article highlights the activities of the Crimean state bodies to combat homelessness and juvenile delinquency on the peninsula in the first half of the 1920s. The paper shows a set of reasons that influenced the increase in the level of homelessness in the Crimea. The main forms and methods of combating juvenile delinquency are defined.
Keywords: Krymrevkom, homelessness, minors, children, teenagers, labor colonies, orphanages, guardianship, children’s commissions, accounting, Krymtsik, SNK, NKVD,
Narkompros, Crimean ASSR, receiver-distributor.
The article bibliographic list
1. State Archive of the Republic of Crimea. – F. 157. – Op. 1. – D. 261.
2. State Archive of the Republic of Crimea. – F. 362. –Op. 2. – D. 1.
3. State Archive of the Republic of Crimea. – F. 4093.– Op. 2. – D. 78.
4. State Archive of the Republic of Crimea. – F. 4093. –Op. 2. – D. 818.
5. Dzerzhinsky F. E. Selected works: in 2 volumes –2nd ed., supplement – M.: Politizdat, 1967. – Vol. 1. – 590 p.
6. Prokhorov V. V. Organizational formation of the workers’ and peasants’ militia of the Crimea. – K.: Telesik, 2007. -240 p.
7. Revkom of Crimea: collection of documents and materials / ed. by L. D. Solodovnik. – Simferopol: Crimea, 1968. -242.
8. Soviet militia: history and modernity (1917 -1987) / edited by A.V. Vlasov. – M.: Legal Literature, 1987. – 336 p.
CONSTITUTIONAL LAW
Gerasimenko N.S.
Guarantees of the right to use surrogacy in the Russian Federation
The author analyzes the issues of a complex of subjective and objective factors, the purpose of which is the realization of reproductive rights and the elimination of any obstacles in their implementation and implementation. In the article, this complex is presented as a guarantee of reproductive rights. At the same time, guarantees are classified according to certain grounds (criteria) and grouped depending on their belonging to a specific type.
Keywords: reproductive rights, the right to use surrogacy, constitutional human rights, guarantees of reproductive rights, the Constitution of Russia.
The article bibliographic list
1. Federal Law No. 323-FZ of 21.11.2011 “On the basics of protecting the health of citizens in the Russian Federation” (ed. of 27.12.2019, with amendments. from 13.01.2020) //Collection of legislation of the Russian Federation. 2011. No. 48. St. 6724.
2. Federal Law No. 143-FZ of 15.11.1997 (ed. Dated 24.04.2020) “On acts of civil status” // Collection of legislation of the Russian Federation. 1997. No. 47. St. 5340.
3. Convention for the Protection of Human Rights and Fundamental Freedoms (Concluded in Rome 04.11.1950) (with amendments. Dated 13.05.2004) // Collection of legislation of the Russian Federation. 2001. No. 2. St. 163.
4. Order of the Ministry of Health of the Russian Federation No. 1177n dated December 20, 2012 (ed. dated July 17, 2019) “On approval of the procedure for giving informed voluntary consent to medical intervention and refusal of medical intervention in relation to certain types of medical interventions, forms of informed voluntary consent to medical intervention and forms of refusal of medical intervention” // Rossiyskaya Gazeta. No. 145. 05 July 2013.
5. Ruling of the Constitutional Court of the Russian Federation dated 15.05.2012 No. 880-O “On refusal to accept for consideration the complaint of citizens of Ch.P. and Ch.Yu. on violation of their constitutional rights by the provisions of paragraph 4 of Article 51 of the Family Code of the Russian Federation and paragraph 5 of Article 16 of the Federal Law “On Acts of Civil Status” // http://www.consultant.ru/cons/cgi/online.cgi?req .
6. Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16 (ed. of 26.12.2017) “On the application of legislation by courts when considering cases related to the establishment of the origin of children”// Bulletin of the Supreme Court of the Russian Federation. No. 7. July. 2017.
7. Information on the Decisions of the ECHR of 26.06.2014 in the case “Labassee v. France” (complaint No. 65941/11), in the case “Mennesson v. France” (complaint No. 65192/11) // Bulletin of the European Court of Human Rights. 2014. № 10.
8. Bogdanova G.V. Problems of legal regulation of personal and property relations between parents and children: Dis. … cand. jurid. sciences’. Saratov, 1999.
9. Borisova T.E. Surrogacy contract:current issues, theory, legislation and practice // Russian justice. 2009. № 4.
10. Zhuravleva S.P. Legal regulation of the surrogacy agreement in the Russian Federation:Autoref. dis. … cand. jurid. M., 2011.
11. Kolomiets A.S. Grounds for the onset of civil liability under the surrogacy contract // Nauka. Society. State. 2013. № 4 (4).
12. Lipkina N.N. Legal positions of the European Court of Human Rights regarding the discretion of States when interfering with rights and fundamental freedoms: Abstract. …. cand. jurid. M., 2008.
13. Mitryakova E.S. Legal regulation of surrogate motherhood in Russia: Dis. … cand. jurid. sciences’. Tyumen, 2007.
14. Report on the study. Problems of bioethics in the light of the jurisprudence of the European Court of Human Rights. Strasbourg, 2012. pp. 56-64. [Electronic _uェ�resource]. – Access mode: http://www.echr.coe.int/Documents / Research_report_bioethics_RUS.pdf.
15. Pashkova S.Yu. The system of contractual obligations in Russian family law: Abstract. dis. … cand. jurid. M., 2004.
16. Salvia M. De Precedents of the European Court of Human Rights. Guiding principles of judicial practice relating to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Judicial practice from 1960 to 2002. St. Petersburg: Publishing house “Legal Center Press”, 2004.
17. Stebleva E.V. Problems of realization of the rights of participants in surrogate motherhood relations: Abstract. dis. … cand. jurid. M., 2012.
18. Tolstikova O.M. Problems of legal regulation of surrogate motherhood in Russia // Siberian Legal Bulletin. 2017. № 1 (76).
19. Fetisova O.V. Childless families in Russia: ways to solve the problem // Family and children. Proceedings of the Institute of State and Law of the Russian Academy of Sciences, Moscow, 2008. No
CONSTITUTIONAL LAW
Guseva I.A., Alekseeva T.V., Snetkov D.A.
Institute of Constitutional and Legal Responsibility of the Government of the Russian Federation: theoretical and Practical aspect
This article examines the institution of constitutional and legal responsibility. Attention is paid to the dualism of the category of constitutional responsibility, that is, regarding its positive and negative beginnings. The authors substantiate the position according to which the existing model of Government responsibility is unbalanced. Optimal tools are proposed that will contribute to improving the effectiveness of the implementation of the mechanisms of constitutional and legal responsibility of the Government in the Russian Federation.
Keywords: legal responsibility, constitutional and legal responsibility, government, constitutionalism, the rule of law.
The article bibliographic list
1. Ruling of the Constitutional Court of the Russian Federation No. 65-0 dated April 19, 2001 “At the request of the Plenipotentiary Representative of the President of the Russian Federation in the Volga Federal District for an official explanation of the ruling of the Constitutional Court dated 06/27/2000 at the request of a group of deputies of the State Duma” // Collection of Legislation of the Russian Federation. 2001. No. 20. St. 2059.
2. Brusnitsyna S.V. Structure and forms of implementation of the constitutional and legal norm on the right of everyone to a favorable environment // Bulletin of Chelyabinsk State University. 2011. No. 19 (234). pp. 27-35.
3. Guseva I.A., Kuryshova I.V. On the issue of measures of constitutional and legal responsibility of public authorities (on the example of the Irkutsk region)// Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2020. No. 3 (94). pp.
47-55.
4. Ivannikov A.I. The concept of responsibility in Russian legal science: history and modernity // Legal policy and legal life. 2016. No. 2. pp. 134-138.
5. Constitutions of the States of Europe. Moscow: Norm, 2001. 816 p.
6. Osavelyuk A.M. The concept and distinctive features of constitutional and legal responsibility from other types of responsibility // Scientific works of the Russian Academy of Advocacy and Notary. 2019. No. 2. pp. 21-24.
7. Rymarev D.S. Guilt as a necessary condition of constitutional and legal responsibility of election participants: monograph. Irkutsk: Institute of Legislation and Legal Information, 2017. 176 p.
8. Snetkov D.A., Guseva I.A. Institute of Constitutional and Legal responsibility of Russia and foreign countries in a comparative perspective // Youth Bulletin of IrSTU. 2020. Vol. 10. No. 3. pp. 115-121.
9. Pugachev A.N. Constitutional and legal sanctions and their features // Problems of strengthening law and order: science, practice, trends. 2009. No. 1. pp. 279-284.
10. Chepus A.V. Constitutional tort in the theory of law: concept and types // Legal thought. 2018. No.5 (109). pp. 38-45.
CONSTITUTIONAL LAW
Abdurakhmedova H.I., Aliyev J.R.
Novelties in the consideration by the Constitutional Court of the Russian Federation of cases on the constitutionality of normative acts on complaints of violation of constitutional rights and freedoms
This article examines the constitutional reform of 2020 in terms of the modification of the powers of the Constitutional Court of the Russian Federation to consider complaints about violations of constitutional rights and freedoms, analyzes the subject of the complaint, the subjects who have the right to file a complaint.
Keywords: Constitutional Court, constitutional novels, complaint, rights and freedoms.
The article bibliographic list
1. The Constitution of the Russian Federation 1993 – M., 2020.
2. Federal Constitutional Law No. 1-FKZ of 21.07.1994 (ed. of 09.11.2020) “On the Constitutional Court of the Russian Federation”. Access from help.-the legal system “ConsultantPlus”.
3. Definition of the Constitutional Court of the Russian Federation dated March 19, 1997 No. 20-On Access from the reference.-legal system “ConsultantPlus”.
4. Message of the President of the Russian Federation to the Federal Assembly dated 15.01.2020. Access from help.- the legal system “ConsultantPlus”.
5. Conclusion of the Constitutional Court of the Russian Federation No. 1-Z dated 03/16/2020 “On Compliance with the Provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the Provisions of the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation “On Improving the Regulation of Certain Issues of the Organization and Functioning of Public Power”, as well as on Compliance with the Constitution of the Russian Federation of the Procedure entry into force of Article 1 of this Law in connection with the request of the President of the Russian Federation.” Access from help.- the legal system “ConsultantPlus”.
6. Resolution of the Constitutional Court of the Russian Federation of October 24, 1996 No. 17-P. – [Electronic resource]. – Access mode: https://legalacts.ru/doc/postanovlenie-konstitutsionnogo-suda-rfot-24101996-n / (date of appeal: 12/23/2020).
7. Resolution of the Constitutional Court of the Russian Federation of July 5, 2001 No. 11-P. – [Electronic resource]. – Access mode: https://legalacts.ru/doc/postanovleniekonstitutsionnogo-suda-rf-ot-05072001-n / (date of appeal: 12/23/2020).
8. Resolution of the Constitutional Court of the Russian Federation of April 2, 2002 No. 7-P Access from the reference.- the legal system “ConsultantPlus”.
9. Narutto S. V. Citizens’ appeal to the Constitutional Court of the Russian Federation: A scientific and practical guide. – M.: NORM: INFRA-M, 2011.
10. Morshakova T. G. Commentary on the Conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020. – [Electronic resource]. – Access mode:https://academia.ilpp.ru/kommentariy-k-zacklyucheniyukonstitutsionnogo-suda-rossiyskoy-federatsii / (date of application: 23.12.2020).
CONSTITUTIONAL LAW
Arkhipkina A.S., Kovalenko A.V.
Problems of execution of a mediation agreement
The article discusses the result of the out–of-court mediation procedure – a mediation agreement – and the mechanism of its execution. Based on the analysis of the latest legislative changes in the field of conciliation procedures, the main problems were identified, and taking into account their specifics and development prospects, the main solutions were proposed that improve the mechanism for implementing mediation agreements and overcoming issues of execution of mediation agreements.
Keywords: mediation, principles of mediation, mediator, mediation agreement, notary, notarization, protection of rights, execution of mediation agreement, implementation mechanism.
The article bibliographic list
1. Federal Law No. 193-FZ of 27.07.2010 “On Alternative Dispute Settlement Procedure with the Participation of an Intermediary (mediation procedure)”. –[Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_103038/c5051
782233acca771e9adb35b47d3fb82c9ff1c/ (accessed: 30.03.2021).
2. Federal Law No. 229-FZ dated 02.10.2017 “On Enforcement Proceedings”. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_71450 / (date of request:30.03.2021).
3. Arbitration Procedural Code of the Russian Federation No. 95-FZ of 24.07.2002 (ed. of 08.12.2020). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_37800/1de0c6e5f21e45848900b2371f6789aacdd43d67 / (accessed: 30.03.2021).
4. The Civil Code of the Russian Federation (Part one) of 30.11.1994 No. 51-FZ (as amended on 09.03.2021).– [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_5142/c4fe6e6c3382269311df4bffaf438feb330600cf / (date of appeal: 30.03.2021).
5. Civil Procedure Code of the Russian Federation No. 138-FZ of 14.11.2002 (ed. of 08.12.2020, with amendments. from 02.03.2021). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_39570/96fe74bb9a9ee3cd8b4bb496a70f
3411cd00c05f/ (accessed: 30.03.2021).
6. Code of Administrative Procedure of the Russian Federation No. 21-FZ dated 08.03.2015 (ed. From 08.12.2020). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_176147/655773d1544ac5c30dc17ab617dfbc0a187e9c45 / (accessed: 03/18/2021).
7. Order of the Ministry of Justice of the Russian Federation No. 79 dated 03/31/2020 “On Amendments to the Regulations for Notaries to Perform Notarial Actions, Establishing the Amount of information required for a Notary to Perform Notarial Actions, and the method of Recording it, approved by Order of the Ministry of Justice of the Russian Federation No. 156 dated 30.08.2017” (together with “Amendments to the Regulations for Notaries to Perform Notarial Actions, which establishes the amount of information necessary for a notary to perform notarial actions, and the method of recording it-
Research Institute approved by the Order of the Ministry of Justice of the Russian Federation dated 30.08.2019 No. 156″, approved by the decision of the FNP Board dated 23.03.2020 No. 04/20) (Registered with the Ministry of Justice of the Russian Federation on 08.04.2020 No. 58018). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_349784 / (accessed: 30.03.2021).
8. Order of the Ministry of Justice of the Russian Federation dated 30.08.2017 No. 156 (as amended on 30.09.2020) “On approval of the Regulations for Notaries to Perform notarial actions, establishing the amount of information required by a notary to perform notarial actions, and the method of its fixation (together with the Regulations for Notaries to perform notarial actions, establishing the amount of information required by a notary to perform notarial actions, and the method of its fixation, approved. by the decision of the FNP Board of 28.08.2017 No. 10/17, by Order of the Ministry of Justice of the Russian Federation No. 156 dated 30.08.2017) (Registered with the Ministry of Justice of the Russian Federation on 06.09.2017 No. 48092).– [Electronic resource]. – Access mode: https://
sudact.ru/law/reglament-soversheniia-notariusaminotarialnykh-deistvii-ustanavlivaiushchii-obem / (accessed: 30.03.2021).
9. Order of the Ministry of Justice of the Russian Federation No. 78 dated 04/16/2014 (as amended on 30.09.2020) “On approval of the Rules of Notarial Clerical work” (together with the “Rules of Notarial Clerical Work”, approved by By the decision of the FNP Board of 17.12.2012, by Order of the Ministry of Justice of the Russian Federation No. 78 dated 16.04.2014) (Registered with the Ministry of Justice of the Russian Federation No. 32095 on 23.04.2014). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_162343 / (date of request:30.03.2021).
10. Fundamentals of the legislation of the Russian Federation on notaries (approved by the Supreme Court of the Russian Federation on 11.02.1993 No. 4462-1) (ed. from 12/30/2020). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_1581/f662130035c02ee2c25485bc059dd11
4c9873703/ (date of appeal: 30.03.2021).
11. Eliseeva T. S. Problems of execution of a mediation agreement and legal mechanisms for their solution //Man: crime and punishment. – 2015. – pp. 130-134.
12. Enforcement proceedings: textbook / under the general editorship of V. V. Yarkov. – Moscow: Statute, 2019.
13. Lekomtseva A. S. Problems of execution of a mediation agreement // Young scientist. — 2020. — №45 (335). — Pp. 120-123.
14. Mishchenko D. K. Problems of execution of a mediation agreement // Problems of modern economy (Novosibirsk). – 2015. – pp. 186-190.
CONSTITUTIONAL LAW
Kostyukov A.A.
Constitutional and legal status of the control and accounting bodies of the subjects of the Russian Federation
The article presents the results of the analysis of the constitutional and legal status of the control and accounting bodies of the subjects of the Russian Federation. The definition of this phenomenon is given and its main features are indicated. It is noted that since the adoption of this law, the bodies of external state financial control of the subjects of the Russian Federation have begun to play a significant role in the budget process. The place of expert and analytical activity within the framework of external state financial control is also analyzed.
Keywords: legal status of control and accounting bodies, Constitution of the Russian Federation, separation of powers, budget process, external state financial control.
The article bibliographic list
1. Baskakova N. M. Constitutional and legal status of the Control and Accounting Chamber of the subject of the Russian Federation: Abstract. dis. … cand. jurid. Sciences. – M., 2008.
2. Hegel G. V. F. Encyclopedia of Philosophical Sciences. Vol. 1. Science of Logic. – M.: “Thought”, 1974.
3. Dvurechenskikh V. A. Problems of theory and methodology of external audit of the budget // The beginning of the state audit. – M.: Publishing house “Financial control”, 2006. – pp. 9-22.
4. Kireeva E. Yu., Antroptseva I. O., Kravtsova E. A., Petrova I. V., Pushkin A.V., Ryabova E. V. Commentary to Federal Law No. 6-FZ of February 7, 2011 “On the General Principles of Organization and Activity of Control and Accounting Bodies of the Subjects of the Russian Federation and Municipalities”. – Especially for the GARANT system, 2017. [electronic resource]. – Access mode: https://internet .garant.ru (accessed 03.03.2021).
5. Krokhina Yu. A. Implementation of the Federal Law “On the general principles of the organization and activities of the control and accounting bodies of the subjects of the Russian Federation and municipalities”: scientific and methodological manual. – M.: GNU “State Research Institute of System Analysis of the Accounting Chamber of the Russian Federation”, 2011
6. The system of state authorities of Russia:textbook for university students studying in the specialties “Jurisprudence”, “Political Science”, “State and municipal administration” / B. N. Gabrichidze [et al.]. – Moscow: UNITY-DANA, 2015. – p. 158.
7. Modern trends in the development of the theory of constitutional law / E. V. Titova [and etc.]. – Chelyabinsk:SUSU Publishing Center, 2020. – 190 p.
8. Chegrinets E. A. Issues of harmonization of the legal status of control and accounting bodies of the subjects of the Russian Federation // Issues of state and municipal administration. – 2011. – No. 3. – pp. 74-90.
CONSTITUTIONAL LAW
Kuznetsova E.V.
Transformation of the political regime in the Volgograd Region and the Kalmyk Republic (the 90s of the twentieth century)
The article examines and analyzes the history of the formation of the party system in the Lower Volga region, the administrative resources of influencing the will of voters at the time of the next election campaigns. The struggle for power within the local elite is considered. It is stated that the history of political parties and the party system of Russia in the 1990s is the history of not just the formation of democracy and liberalism within the framework of specific party projects, but also the search for alternative forms of political structure to authoritarianism that meet the interests of Russian society. Many stories of political parties of those years were written under the strong influence of the struggle of political interests and ideas (ideologies), and therefore cannot claim to be objective and unbiased.
Keywords: political parties, regional leaders, opposition party, party of power, electorate, society, communists.
The article bibliographic list
1. Gelman V., Senatova O. Political parties in the regions of Russia // Essays of Russian politics. Gelman V. (ed.). – M., 1994.
2. Gelman V. Ya. Democratization, structural pluralism and unstable bicentrism: Volgograd region // Polis. Political studies.- 2000. – No. 2. – pp. 111-132.
3. Usmanov R. H. Regional party genesis in the political process of modern Russia (Southern Federal District in the 1990s). – M., 2002.
CONSTITUTIONAL LAW
Magomedova R.M.
Public control as a means of election legality
The research is devoted to the issues of electoral law, the exercise of rights by citizens and the possibility of protecting electoral rights through public observation at elections and referendums.
The importance of this factor for the transparency of the electoral process within the framework of the rule of law is determined.
Keywords: public observation, electoral law, legality, elections.
The article bibliographic list
1. Federal Law “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation” dated 22.02.2014 No. 20-FZ (latest edition).
2. Federal Law “On Basic Guarantees of Electoral Rights and the Right to participate in a Referendum of Citizens of the Russian Federation”.
3. Federal Law No. 374-FZ dated 05.12.2017 “On Amendments to the Federal Law “On Presidential Elections of the Russian Federation”.
4. Dmitriev Yu. A., Israelyan V. B., Chudina S. Yu. Electoral law and the process in the Russian Federation: A textbook. – Irkutsk: Publishing house of IP “Makarov S. E.”, 2001.
5. Katkov D. B., Korchigo E. V. Electoral law:questions and answers. / Edited by Yu. A. Vedeneev. – M.:Jurisprudence, 2001.
CONSTITUTIONAL LAW
Mukhametshina I.I.
Notary Chamber as a state-public institutional education
The article is devoted to the identification of perspectives that allow us to consider notary chambers as a link uniting the state and society in terms of ensuring the implementation of the constitutional right of citizens to receive legal assistance. The author analyzes the arguments in favor of attributing notary chambers to a component of the state and (or) a unit of civil society and concludes that the notary chamber is a state-public institutional entity.
Keywords: notary chamber, notary, notary activity, state and society.
The article bibliographic list
1. Vologirova M. M. Human rights activity of a notary in the system of social functions of the Russian state // Education and law. – 2018. – No.5. – pp. 64-67.
2. Voronova O. N. The role and place of notaries, officials of local self-government bodies and officials of consular institutions in the system of providing free legal aid // Notary. – 2017. – No. 4. – pp. 3-5
3. Galikeeva I. G. Problems of the status of a notary in a legal state // Legal state: theory and practice. – 2016. – № 4 (46). – Pp. 36-42.
4. Gerasimov A.V., Nadtachaev P. V. The role of the notary in modern civil law // Bulletin of the Krasnoyarsk State Agrarian University. -2014. – No. 12. – pp. 276-280.
5. Goncharov I. A., Shcherbinin A. A. Financial support of notary chambers, state and private practicing notaries in the Russian Federation // Finance and credit. – 2009. – № 23 (359).– P. 40-46.
6. Druzyaka A.V. Difficulties of becoming a state notary in the Far Eastern Region in the 1930s// New Historical Bulletin. – 2016. – pp. 59-62.
7. Ivanova I. G. On the legal nature of the notary //Education and law. – 2017. – No. 4. – pp. 264-270.
8. Kainov A. S. Structure of civil society //Legal Science. – 2015. – No. 4. – pp. 9-13.
9. Kashurin I. N., Kashurina V. G. Implementation by the notary of certain functions of the state // Humanitarian and legal studies. – 2013. – P.30-35.
10. Nikitin M. I. Notary in the system of authorities of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – pp. 23-25.
11. Nikitin M. I. Notary in the system of law enforcement agencies of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 3. – pp. 80-82.
12. Romanovskaya O. V. Appeal of actions and decisions of bodies of the notary community // Notary.– 2012. – No. 3. – pp. 6-10.
13. Tkachenko E. V., Fomicheva R. V. To the question of the legal status of a notary of the Russian Federation // Bulletin of the Tambov University. Series: Political Sciences and Law. – 2016. Issue 1 (5). – pp. 54-59.
14. Tsvetkov A. S. The public-legal nature of notarial activity in the Russian Federation // Modern law. – 2017. – No. 11. – pp. 49-53.
15. Yaroshenko T. V. Notary in the Russian Federation:current issues // Bulletin of the Baltic Federal University named after I. Kant. – 2013. – Issue 9. – pp. 81-87.
CONSTITUTIONAL LAW
Ramazanov A.M., Musalova Z.M.
Constitutional and legal regulation of the financial system in the Russian Federation
The article discusses issues related to the content and improvement of the legal framework governing the functioning of the financial system of Russia.
The main attention is paid to the constitutional provisions affecting the sphere of financial public relations. The most problematic areas of constitutional and legal regulation of the financial system of the Russian Federation are highlighted.
On the example of the Constitutions of the countries of the world, possible directions for strengthening constitutional supervision over individual elements of the financial system are outlined. It is concluded that there is a need to improve legal norms and procedures in relation to the key components of the Russian financial system.
Keywords: financial law, financial system, budget legislation,
The Constitution of the Russian Federation.
The article bibliographic list
1. Grinchinko N. Ya., Ignatovskaya I. I., Zubkova V. S. The role of acts of the Constitutional Court of the Russian Federation in improving financial and budgetary legislation // Russian-Asian Legal Journal. – 2019. – No. 3.
2. Makarenko O. V., Agapov V. O. Constitutional and legal bases of regulation of the financial system in the modern world // Scientific and practical electronic journal “Alley of Science”. – 2018. – № 7 (23).
3. Miroshnik S. V., Nemykina O. E. Constitutional and legal bases of regulation of financial relations: comparative legal analysis // Gaps in Russian legislation. – 2014. – № 3.
4. The new text of the Constitution of the Russian Federation with amendments 2020.[Electronic resource]. – Access mode: http://duma.gov.ru/news/48953 /.
CONSTITUTIONAL LAW
Bogach V.V., Balbekova E.V.
Constitutional development: Basic Laws of 1918 and 1925.
This article analyzes the constitutional development of the state, reveals the characteristic features of constitutional development, examines the stages of constitutional development and the features inherent in the considered stages of constitutional development, provides the contents of the Constitutions operating at the considered stages. The characteristics and contents of constitutional development are revealed on the example of the laws of 1918 and 1925. The main functions of the laws of 1918 and 1925 are investigated.
Keywords: Constitution, Constitution of the USSR, Constitution of the RSFSR, Basic Law, rights, freedoms, duties.
The article bibliographic list
1. Kozlova E. I., Kutafin O. E. Constitutional law of Russia. – Moscow: Prospect, 2016.
2. Lebedev V. A. Constitutional development of Russia // Lex Russica. – 2018. – No. 11. – pp. 142-144.
3. Rybin D. V. Constitutional development of Russia: the main stages, features, trends // Scientific Notes of the St. Petersburg V. B. Bobkov Branch of the Russian Customs Academy. – 2008. – № 1 (30). – Pp. 272-278.
4. Chernyaev V. S. Constitution of 1918: historical and legal aspect // Proceedings of the Orenburg Institute (branch) Moscow Law Academy. – 2017. – No. 17. – pp. 27-35.
5. Sheinis V. L. Bolshevik power and the first Soviet Constitution // Social sciences and modernity. – 2012. – No. 1. – pp. 114-120.
ADMINISTRATIVE LAW
Ignatieva I.V., Zedgenizova I.I., Kirilchik E.V.
Administrative management as a factor of interaction between business and the state in the conditions of digitalization
The presented article analyzes the state of organizational support for digitalization of administrative management in the business sphere. Currently, digitalization of business management is becoming one of the promising directions of the economic policy of the Russian Federation. The article shows that in the modern conditions of the development of digitalization of management, the nature of the regulatory impact of the state on business is changing. The essence of digitalization of administrative management is defined. The key directions and strategic priorities of the use of digital technologies in the relationship between the state and business are identified. The qualitative effects and the main problems of the development of digital technologies in the field of business management are highlighted.
Keywords: administrative management, digitalization, state, business sphere, supervision and control.
The article bibliographic list
1. Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control” (with amendments and Additions dated December 8, 2020 No. 429-FZ). – [Electronic resource]. – Access mode: http://base .garant.ru/12164247/#ixzz6polzkVv7.
2. Federal Law No. 289-FZ dated August 3, 2018 “On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” (with Amendments and Additions dated February 24, 2021 No. 20-FZ).
– [Electronic resource]. – Access mode: https://base .garant.ru/72005502
3. Decree of the President of the Russian Federation No. 203 dated 09.05.2017 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030”. – [Electronic resource]. – Access mode: http://kremlin.ru/acts/bank/41919 .
4. Decree of the President of the Russian Federation dated 09.05.2017 No. 203 “On the Strategy for the development of the information society in the Russian Federation for 2017-2030” // Collection of Legislation of the Russian Federation. – 15.05.2017. – No. 20. – St. 2901.
5. Decree of the Government of the Russian Federation No. 415 of April 28, 2015 “On the rules for the formation and maintenance of a unified register of inspections” // Collection of Legislation of the Russian Federation. – 2015. – No. 19. – St. 2825.
6. Agamagomedova S. A., Digitalization of state control and supervision: administrative and procedural content // Proceedings of the XIII International Scientific and Practical Conference dedicated to the memory of Yuri Markovich Kozlov on
topic: “Administrative and legal forms of implementation of executive power in the context of digitalization of public administration”, held on February 20, 2020. – [Electronic resource].– Access mode: http://admin-sc.ru/wp-content/uploads/2020/08/105912.pdf .
7. Gritsenko E. V., Kuryndin P. A. Digitalization of control and supervisory activities: the experience of Russia and France // Law enforcement. – 2020. – Vol. 4. – No. 3.– pp. 25-45.
8. Lapina M. A. Public administration in the transition period to the information society// Sociodynamics. – 2016. – No. 1. – pp. 1-22. DOI:10.7256/2409-7144.2016.1.17529. – [ Electronic resource]. – Access mode: http://e-notabene.ru/pr/article_17529.html .
9. Martynov A.V. Review of legislation establishing the main directions and principles of the introduction of new information technologies in the activities of executive authorities performing control and supervision functions in Russia // In the collection: Topical issues of control and supervision in socially significant spheres of activity of society and the state. Materials of the IV All-Russian Scientific and Practical conference dedicated to the 90th anniversary of Professor I. A. Sklyarov. – N. Novgorod, 2018. – pp. 8-81.
10. Marchenko M. N. State and law in the context of globalization. – M.: Prospect, 2011.
11. Petukhova R. A., Grigorieva Ya. A. Tax administration in the digital economy //Bulletin of Tomsk State University. Economy. – 2019. – No. 46. – pp. 303-316.
ADMINISTRATIVE LAW
Zakopyrin V.N., Panin Yu.I.
About the most important signs of administrative responsibility
The article substantiates the signs of administrative responsibility taking into account the legislation of the countries of Western and Eastern Europe, CIS countries. When justifying the signs of administrative responsibility, the provisions of international conventions, as well as the decisions of the European Court of Human Rights, were taken into account. The main signs of administrative responsibility, according to the authors, are the type and amount of punishment, as well as the procedure for resolving the case. The public danger of an act is not a characteristic feature of administrative responsibility, because it depends on the legislation of the country.
Keywords: administrative responsibility, criminal responsibility, the amount of punishment, the type of punishment, the procedure for considering the case, public danger, Engel’s criterion, administrative torts, administrative-tort legislation.
The article bibliographic list
1. Banchuk O. A. Analytical report “Law on administrative offenses: the experience of Western and Eastern European countries, the requirements of the European Court of Human Rights and the standards of the Council of Europe”. –[Electronic resource]. – Access mode: https://online .zakon.kz/Document/?doc_id=32663250#_ftn1 . (date of appeal: 02.02.2021).
2. Zakopyrin V. N. Code of the Russian Federation on Administrative Offenses: legality or expediency? // Actual problems of administrative law and its implementation in the field of internal affairs bodies. – Ryazan, 2015. – pp. 16-25.
3. Lutsenko S. I. Delineation of hooliganism in criminal and administrative law // SPS ConsultantPlus. -2021 (date of appeal: 02/26/2021).
4. Fateev K. V., Kharitonov S. S., Shankhaev S. V. Administrative responsibility of military personnel and citizens called up for military training: comments and judicial practice. The series “Law in the Armed Forces – consultant”. – M.: For the rights of servicemen, 2011.– Issue 122. – 336 p.
5. Vladimir N. Zakopyrin, Tatyana N. Dazmarova, Andrey N. Zverev, Viktor P. Timokhov, Irina V. Vassilyeva. Administrative Offences Legislation In Russia And Abroad: Historical And Legal Genesis. European Proceedings of Social and Behavioural Sciences (EpSBS). Volume 102. –NININS 2020. – [Electronic resource]. – Access mode:https://www.europeanproceedings.com/article/10.15405/epsbs.2021.02.02.148 (date of application: 02/26/2021).
ADMINISTRATIVE LAW
Karimova G.Y.
Some problematic aspects of administrative responsibility of minors
The article discusses some problematic issues of bringing minors to administrative responsibility related to the age of onset of administrative responsibility. It is proposed to consider the possibility of reducing the age of administrative responsibility for the commission of certain administrative offenses by minors; the expediency of creating a new section in the Administrative Code of the Russian Federation “Administrative responsibility of minors”, which will take into account all the features of bringing minors to administrative responsibility.
Keywords: minors, age, administrative responsibility, legal status, status, administrative offense.
The article bibliographic list
1. The Code of Administrative Offences of the Russian Federation (Administrative Code of the Russian Federation) dated 30.12.2001 No. 195-FZ. [electronic resource]. – Access mode:https: www. consultant.ru.
2. Code of the Republic of Belarus on Administrative Offences No. 194-3 of April 21, 2003. [Electronic Resource]. – Access mode: https: www.pravo.by .
3. Official website of legal statistics. [electronic resource]. – Access mode: http://crimestat.ru (date of appeals: 18.10.2020).
ADMINISTRATIVE LAW
Migda N.S.
On the issue of legal consolidation of innovative development in transport
The study of the problems of legal incentives for transport enterprises to involve them in the implementation of innovative and knowledge-intensive activities, the search for new sources of financing in this area, as well as financial and legal regulation of innovative processes in the transport industry.
Keywords: transport, innovative activity, legal regulation of innovative activity, protection of innovative technologies, railway transport.
The article bibliographic list
1. Federal Law No. 127-FZ of 23.08.1996 “On Science and State scientific and technical policy”//SPS Consultant Plus.
2. Government Resolution No. 832 of 24.07.1998 “On the Concept of innovation policy of the Russian Federation for 1998-2000” // SPS Garant.
3. Decree of the Government of the Russian Federation No. 877-r dated 17.06.2008 “On the Strategy for the development of railway transport in the Russian Federation until 2030” (together with the “Action Plan for the implementation of the Strategy for the Development of Railway Transport in the Russian Federation until 2030 in 2008-2015”) // SPS Consultant Plus.
4. Decree of the Government of the Russian Federation No. 1734-r of 22.11.2008 (ed. of 12.05.2018) “On the transport strategy of the Russian Federation” // SPS Consultant Plus.
5. Decree of the Government of the Russian Federation No. 466-r dated 19.03.2019 “On approval of the development program of JSC “Russian Railways” until 2025″ (together with the “Long-term development program of the Open Joint Stock Company “Russian Railways” until 2025″) //SPS Consultant Plus.
6. Katunina I. V. Innovative development of railway transport enterprises in the context of strategic changes // Bulletin of the Siberian State Automobile and Road Academy.– 2012. – No. 1. – pp. 40-42.
7. The current state of railway transport in the Russian Federation. Key problems and prospects. – [Electronic resource]. – Access mode: Transport-exhibitions.com .
ADMINISTRATIVE LAW
Samusevich A. G., Negamutzyanova A. S.
Monitoring of social networks in the activities of the police to identify offenses: problematic issues
The article examines the essence of the police monitoring of social networks in order to identify certain offenses. A concrete example shows the problematic aspects of such activities. The authors come to the conclusion that today the regulatory and legal regulation of the monitoring of social networks is imperfect, and therefore, it is necessary to consolidate at the legislative level in specific regulatory legal acts provisions that directly relate to this type of activity.
Keywords: monitoring, social networks, Internet, offense, legal responsibility, police.
The article bibliographic list
1. On additional measures to ensure road safety (together with the “Regulations on the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation”): Decree of the President of the Russian Federation No. 711 of 15.06.1998 (ed. of 19.02.2021) // Collection of Legislation of the Russian Federation. 1998. No. 25. St. 2897.
2. On Information, information technologies and information protection: Federal Law No. 149 of 27.07.2006 (as amended on 09.03.2021) // Collection of Legislation of the Russian Federation. 2006. No. 31 (1 part). Article 3448.
3. On Police: Federal Law No. 3-FZ of 07.02.2011 (as amended on 24.02.2021) // Collection of legislation of the Russian Federation. 2011. No. 7. St. 900.
4. On approval of the Administrative Regulations for the execution by the Ministry of Internal Affairs of the Russian Federation of the state function for the implementation of federal state supervision over compliance by road users with the requirements of the legislation of the Russian Federation in the field of road safety: Order of the Ministry of Internal Affairs of Russia dated 23.08.2017 No. 664 (ed. dated 21.12.2017) //Rossiyskaya Gazeta. 2017. № 232.
5. Agarkova N.A. Monitoring of social networks of minors as a modern priority activity of PD of linear bodies of the Ministry of Internal Affairs of Russia on railway transport (On the example of the South-Eastern LU of the Ministry of Internal Affairs of Russia on transport) // Crime in the CIS: problems of prevention and disclosure of crimes: proceedings of the conference. Voronezh: Voronezh Institute of the Ministry of Internal Affairs of Russia, 2019. pp. 101-103.
6. Berezovskaya E.V., Shavaleev B.E. Analysis of social networks in the mechanism of monitoring public awareness about the activities of internal affairs bodies //Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. 2019. T. 4. No. 2 (8). pp. 47-50.
7. Kirillov M.A. The use of Internet monitoring by operational officers in order to solve crimes // Crime in the CIS: problems of crime prevention and disclosure: proceedings of the conference. Voronezh: Voronezh Institute of the Ministry of Internal Affairs of Russia, 2017. pp. 134-139.
8. Kutuzov A.V. Monitoring of the Internet as a way of obtaining operationally significant information in the disclosure and investigation of crimes of an extremist nature // Scientific notes of the V. I. Vernadsky Crimean Federal University of Legal Sciences. 2019. Vol. 5 (71). No. 2. pp. 154-162.
9. Mogilevskaya G.I., Avdeeva T.G., Alekseenko Yu.V. Monitoring and analysis of social networks to prevent threats to information security //Alley of Science. 2017. No.14. pp. 799-804.
10. Novgorodov D.A. Features of initiation by police officers of cases of administrative offenses committed on the Internet // NB:Administrative law and practice of administration. 2020. No. 2. pp. 20-24.
11. Prokopenko A.N., Savotchenko S.E., Starostenko I.N. Features of the implementation by law enforcement agencies of measures to counter information threats in social networks //Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. 2018. No. 4 (42). pp. 55-61.
ADMINISTRATIVE LAW
Urusov Z. H.
Security measures in the proceedings on cases of administrative offenses
The author of the article claims that at present the topic of security measures in the proceedings on administrative offenses is relevant for study and analysis in order to update the scope of administrative procedural prevention and suppression of illegal acts. The article considers not only the general characteristics of security measures, but also the analysis of the most widely used security measures in the administrative process and the assessment
of their effectiveness on the offender is carried out in the most detail.
Keywords: measures, proceedings, legal responsibility, cases of administrative offenses, suppression, prevention, act
The article bibliographic list
1. The Code of the Russian Federation on Administrative Offences of 30.12.2001 No. 195-FZ (as amended on 09.03.2021). [electronic resource]. – Access mode: SPS “ConsultantPlus”.
2. Bakhrakh D. N., Rossinsky B. V., Starilov Yu. N. Administrative law: textbook. – 3rd ed., revision. and supplement. – M.: Norm, 2008. – 816 p.
3. Popova N. F. Administrative law: textbook and workshop for applied bachelor’s degree. – 3rd ed., ispr. and add. – M.: Yurayt Publishing House, 2018. – 341 p.
ADMINISTRATIVE LAW
Shabanov T. V.
Administrative and legal status of subjects of administrative legal relations
The article is devoted to the disclosure of the administrative and legal status of state bodies of Russia as subjects of the provision of administrative services. The specified legal phenomenon is determined through the competence of the mentioned state bodies for the implementation of service activities. The main element of this competence is the relevant rights and obligations of state bodies fixed in the current legislation of Russia.
Keywords: administrative legal relations, administrative and legal status, administrative services, subjects, state bodies.
The article bibliographic list
1. Federal Law No. 210-FZ of 27.07.2010 (ed. Dated 30.12.2020) “On the organization of the provision of state and municipal services” (with amendments and additions, intro. effective from 01.01.2021). [electronic resource]. – Access mode: https://legalacts.ru/doc/FZ-ob-organizaciipredostavlenija-gosudar-i-municipal-uslug /.
2. Federal Law No. 152-FZ of 27.07.2006 “On Personal Data”. [electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/24154 .
3. Federal Law No. 59-FZ of 02.05.2006 (ed. Dated 27.12.2018) “On the procedure for considering appeals of citizens of the Russian Federation”. [electronic resource]. – Access mode:http://www.consultant.ru/document/cons_doc_LAW_59999/ca24c3b3a2032a1f727
146f988f406723bf9ea1a/.
4. Levashov N. S. Asymmetry of the legal status of subjects in the Russian Federation at the present stage: theoretical and legal analysis // In the collection: Festival of Law. Proceedings of the 4th All-Russian Educational Forum. Edited by M. S. Trofimov. – 2018. – pp. 11-12.
5. Nikulin V. V. The legal status of a state corporation to the problem of legal rationalization of status // Materials of the All-Russian correspondence scientific and practical Conference. – 2017. – pp. 623-633.
6. Rudakov A. A., Tyurneva M. E. Features of the legal status of an individual in a legal state // In the collection: Values and norms of legal culture. Collection of scientific articles of the VI International Round Table dedicated to the birthday of I. A. Ilyin, Russian philosopher and lawyer. – 2016. – pp. 295-300.
ADMINISTRATIVE LAW
Ronzhina N. A.
Features of regulatory consolidation of the ecological and legal status of customs authorities in the conditions of functioning of the Eurasian Economic Union
The relevance of the research topic is due to the fact that the functioning of the Eurasian integration, based on the principle of liberalization of foreign trade activities, has led to the emergence of new environmental threats accompanying the foreign trade turnover of environmentally hazardous goods. In this connection, the role of the Federal Customs Service and its territorial bodies as subjects of ensuring regional environmental safety is being strengthened.
The article examines topical issues of the content and regulatory consolidation of the ecological and legal status of customs services at the present stage. The author places emphasis on legal problems related to the lack of consistency and completeness of regulatory regulation of their ecological and legal functions and powers.
As a result of the study, the competence of customs authorities in the field of environmental protection is characterized, the place of customs administration in the system of measures to ensure environmental well-being is justified.
Keywords: ecological and legal status, Federal Customs Service, customs authorities, Eurasian Economic Union, environmental safety.
The article bibliographic list
1. Bazalei N. A. Legal regulation of the activities of customs authorities as subjects of ensuring the safety of the Russian Federation in the environmental sphere // Legal institutions and methods of environmental protection in Russia, CIS countries and the European Union: legislation and environmental efficiency. Materials of the V International Scientific and Practical Conference of teachers, practitioners, students, undergraduates, postgraduates. Collection of scientific articles. 2018. pp. 13-16.
2. Bulgakova L. S. International cooperation of customs authorities in the field of ensuring environmental safety of the state // Humanities, socio-economic and social sciences. 2018. No. 9. pp. 70-72.
3. Lyapustin S. N., Sonin V. V., Barei N. S. Legal foundations of nature protection. Vladivostok: Orange, 2014. 216 p.
4. Ronzhina N. A. Features of the legal regime of foreign trade turnover of environmentally sensitive goods // Scientific notes of the St. Petersburg branch of the Russian Customs Academy named after V. B. Bobkov. 2020. No. 2 (74). pp. 99-102.
5. Ronzhina N. A. Specifics of the administrative and legal status of customs authorities as subjects of ensuring environmental safety of the Eurasian Economic Union // Scientific notes of the St. Petersburg branch of the Russian Customs Academy named after V. B. Bobkov. 2017. No. 1 (61). pp. 90-96.
6. Ronzhina N. A., Mingazheva V. K. Features of regulatory consolidation of environmental functions of customs authorities [Text] // Collection of scientific articles based on the materials of the IV International Scientific and Practical Conference “Fundamental and
applied aspects of the development of modern science” (December 15, 2020, Ufa). Ufa: Ed. SIC Bulletin of Science, 2020. pp. 225-228.
7. Soklakov A. A., Bocharova L. V. Customs authorities as subjects of ensuring environmental safety of the country // Economic security: legal, economic, environmental aspects: collection of scientific papers of the 4th International Scientific and Practical Conference. 2019. pp. 258-262.
8. Yagiev I. N., Kurinnoy I. P., Martseva T. G. Administrative and legal regulation of the activities of customs authorities as subjects of ensuring the safety of the Russian Federation in the environmental sphere // Ecological well-being and healthy lifestyle of a person in the 21st century: political, legal, socio-economic, psychological and humanitarian aspects. Materials of the International scientific and practical conference / edited by V. V. Ponomarev, T. A. Kutkovich. Publishing house: Novorossiysk Institute (branch) of the ANO VO “Moscow University of Humanities and Economics”, the Center of Scientific Knowledge
“Logos”. 2017. pp. 156-159.
ADMINISTRATIVE LAW
Bulakhova I. A., Gamza A. A., Ershov M. S., Maksimenko E. A.
Problems of improving the regulatory and legal regulation of administrative responsibility for an offense in the sphere of drug trafficking: comparative legal analysis
This article examines the nature and nature of administrative responsibility for offenses in the field of illegal trafficking of narcotic drugs and psychotropic substances, discusses the problems of improving legislation in this area. Attention is paid to the problem of distinguishing an administrative offense and a criminal offense in this area.
Keywords: administrative responsibility, administrative legislation, illegal trafficking, drugs, offenses.
The article bibliographic list
1. Bolotin V. S. Administrative responsibility in the field of narcotic drugs and psychotropic substances: Dis. … cand. jurid. sciences’:
12.00.14. – M., 2004. 2. Bdoyan D. G. Russian-Turkish contradictions in the Middle East // Scientific and analytical journal Obozrevatel – Observer. 2017. No. 6 (329). pp. 23-33.
3. Bdoyan D. G. Transformation of Russian–Turkish relations in the conditions of Turkey’s struggle for regional leadership (2002-2017Moscow, Moscow State Institute of International Relations (University). 2017.
4. Evsikova E. V. Problems of theory and practice of the Institute of Administrative responsibility// Eurasian Law Journal. – 2018. -№ 10 (125). – Pp. 108-110.
5. Collection of schemes and tables on administrative law: textbook / V. N. Veresov, V. Yu. Volkov, V.Yu. Dokuchaeva, E. V. Evsikova, A.V. Ponomarev, A.V. Rudenko, S. Yu. Rusanova, N. V. Savenko, Z. S. Lusegenova. – Simferopol: IT “ARIAL”, 2018. – pp. 63-70.
6. Summary statistical data on the activities of federal courts of general jurisdiction and magistrates for 2019. Judicial Department under the Supreme Court of the Russian Federation. [electronic resource]. – Access mode: http://www.cdep.ru/index .
php?id=79&item=5258 (accessed 01.03.2021).
7. Summary statistical data on the activities of federal courts of general jurisdiction and magistrates for 2018. Judicial Department under the Supreme Court of the Russian Federation. [electronic resource]. – Access mode: http://www.cdep.ru/index .
php?id=79&item=4891 (accessed 01.03.2021).
8. Summary statistical data on the activities of federal courts of general jurisdiction and magistrates for 2012. Judicial Department under the Supreme Court of the Russian Federation. [electronic resource]. – Access mode: http://www.cdep.ru/index .
php?id=79&item=1775 (accessed 01.03.2021).
CIVIL LAW
Aznabaev O. F., Zaripov R. U., Zaripov Sh. R., Kartashev N. I.
The problem of bringing an official to recourse liability in public law torts
The article examines the scientific doctrine, domestic legal regulation and the emerging judicial practice of legal relations on bringing an official to personal financial responsibility in public law torts. The current law enforcement procedure for bringing an official to regressive responsibility is explained, as well as the primary shortcomings of the legal regulation of the legal relations under consideration are substantiated. In particular, the authors propose: amend the wording in parts 3, 3.1, art. 1081 of the Civil Code of the Russian Federation, replacing the phrase “have the right of recourse” with “must apply for recourse”. And also with the need to differentiate the subject composition of Part 1, Article 1081 of the Civil Code of the Russian Federation, separately highlighting the duty of recourse to employees in the performance of their official and official duties.
Keywords: official, personal financial responsibility, recourse liability, regredient, regressate, public law torts.
The article bibliographic list
1. Buranbayev R. A., Garifullin R. R., Zaripov Sh.R., Prokofiev D. D. Mass tort: theory and practice // Eurasian Legal Journal. – No. 1. – 2021. – pp. 397-401.
2. Zaripov Sh. R. Theoretical and historical aspect of the institute of legal responsibility of the state // In the collection: Modern science and practice in questions and answers. Collection of scientific articles based on the materials of the All-Russian Student Correspondence Conference. Editor-in-chief S. A. Zabelina. – 2020. – pp. 174-182.
3. Zaripov Sh. R., Konovalova E. A. International and domestic legal regulation of mass tort // In the collection: Topical issues of public law. Materials of the XIX All-Russian Scientific Conference of Students and Young Scientists. – Yekaterinburg urg, 2020. – pp. 105-110.
4. Novikova Yu. A. The right of recourse of the Russian Federation. [electronic resource]. -Access mode: URL:https://samara.roskazna.gov.ru/upload/iblock/samara/file/separate_fs/85.12885.pravo_regressivnogo_trebovanija_rf.novikova.doc( date of application: 03/18/2021).
5. Russian civil Law: textbook: in 2 volumes / V.V. Vitryansky, V. S. Em, N. V. Kozlova, etc.; ed. by E. A. Sukhanov. 2nd ed., stereotype. – M.: Statute, 2011. – Vol. 2: Law of Obligations. – 1208 p.
CIVIL LAW
Ananyeva E. O., Dushkina E. V.
Legal basis of medical tourism
This article discusses the possible organization of medical tourism in Russia. On the basis of the current legislation, the problems associated with the organization of obtaining Russian vaccines for foreign citizens who wish to receive Russian vaccines on the basis of official tourist vouchers for a short time to Russia with mandatory vaccination are analyzed.
Keywords: civil legislation, medical services, tourism, vaccination company, coronavirus, vaccination certificate.
The article bibliographic list
1. Decree of the Government of the Russian Federation dated November 18, 2020 No. 1852 “On approval of the Rules for the provision of services for the sale of a tourist product” The decree comes into force on January 1, 2021 and is valid until December 31, 2026 [Electronic resource]. – Access mode: http://persona-grata.ru/files/dokumenty/1852_ot_18_11_2020_postanovlenie.pdf (date of application:03/23/2021).
2. The Sputnik V vaccine was approved by 50 countries. [electronic resource]. – Access mode: https://eadaily.com/ru/news/2021/03/12/vakcinu-sputnik-v-odobrili-50-stran (accessed: 03/18/2021).
3. How foreigners are vaccinated against covid in Russia. [electronic resource]. – Access mode: https://ru.rbth.com/read/1371-inostranzy-vakzina-sputnik (date of application: 03/24/2021).
4. Krestyaninova O. G. Medical tourism: the essence and prospects of development // Technical and technological problems of the service. – 2019. – № 3 (49).– Pp. 66-69.
5. Russia welcomes vaccinated tourists. [electronic resource]. – Access mode: https://www.kommersant.ru/doc/4694519 (date of application:24.03.2021).
6. What is Medical Tourism? [electronic resource]. –Access mode: http://www.news-medical.net/health (date of application: 03/23/2021).
CIVIL LAW
Bahamaev G. T., Magomedova A. G.
Problems of compensation for damage in connection with an industrial accident
The article deals with the problem of an industrial accident and its consequences. The relevance of the topic of the article is due to the fact that the problem of occupational injuries is currently acute in the Russian Federation, in reducing the level of which the state and employers are interested. Attention is drawn to the fact that an industrial accident that occurred with an employee in the performance of his work duties may cause such consequences as death or damage to the health of the victim, transfer to another job, loss of working capacity for more than one day. It is said that an employee who has suffered as a result of an accident at work or his family has the right to social insurance against accidents at work and occupational diseases. An employee may collect compensation for moral damage from the employer, if this is provided for by the employer’s local regulations.
Examples from judicial practice are given. It is concluded that it is necessary to provide a solid evidence base for obtaining compensation from the employer, as well as the use of preventive measures to reduce occupational injuries.
Keywords: compensation for harm, industrial accident, social security, deceased employee, insurance payments, rehabilitation, occupational disease.
The article bibliographic list
1. Akhantieva N. V., Scriabina O. V. Social security of citizens affected by industrial accidents and occupational diseases at the regional level // Leningrad Law Journal. – 2019. – № 2 (56). – Pp. 152-161.
2. Gokushenko A. S. Some aspects of judicial practice on compensation for harm caused to the health of workers as a result of an accident at work // Problems of effective use of the scientific potential of society: collection of articles of the International Scientific and practical conference (June 18, 2017, Ufa): at 2 h. h. 2. – Ufa: MCI OMEGA SCIENCES, 2017.
3. Ikhisonova V. V. Circle of persons entitled to social insurance against industrial accidents and occupational diseases // Forum of Young Scientists. – 2020. – № 5 (45). – Pp. 163-166.
4. Krylov N. F. Accidents at work //A young scientist. – 2018. – № 33 (219). – Pp. 103-105.
5. Ospichev I. M. Industrial accident: textbook.- method. stipend. – Khanty-Mansiysk, 2020.
6. Popova E. A., Lyubimiy D. S. Accidents at work // Labor protection and safety at industrial enterprises. – 2019. – No. 3. – pp. 28-29.
7. Shankina M. A. Legal problems arising in the process of registration and accounting of accidents at work // Young scientist. – 2020. – № 13(303). – Pp. 176-178.
8. Tsitsylina T. L. Controversial legal aspects of the investigation of industrial accidents // Eurasian Union of Scientists. – 2019. – No. 4. – pp. 59-63.
CIVIL LAW
Berman A.M.
Digital technologies as a response to global challenges
States everywhere face various kinds of challenges that require operational decisions. In an era when digital technologies are already an integral part of all spheres of public life, digitalization is becoming an effective tool used by public and private actors to combat crisis situations. Using the example of such a biological challenge as the epidemic of coronavirus infection, the article examines the use of digital technologies in the fields of labor, education, justice and healthcare. The author identifies problematic aspects of the use of digital technologies to combat global challenges.
Keywords: digital technologies, digitalization, government response, global challenges, labor, education, justice, healthcare.
The article bibliographic list
1. Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and Temporary transfer of an Employee to remote (remote) Work on the Initiative of the Employer in Exceptional Cases” dated December 08, 2020 No. 407-FZ // Collection of Legislation of the Russian Federation. – 2020. – No. 50 (part III). – St. 8052.
2. Cybercrime in Russia has almost doubled since the beginning of the year // RIA Novosti. [Electronic resource].– Access mode: https://ria.ru/20200415/1570081452.html .
3. National learning platforms and tools // UNESCO [Electronic resource]. – Access mode: https://en.unesco.org/covid19/educationresponse/nationalresponses .
CIVIL LAW
Ivanov A. A., Galkina U. V.
Reservation agreement within the framework of shared-equity construction
The article explores the issue of the legal nature and construction of the booking agreement within the framework of equity participation in construction. The booking agreement is widely used in practice to attract funds for future construction and actually mediates the relationship between the developer and a potential participant in shared construction,
the buyer of the apartment. The question is raised as to how legitimate this design can be considered from the point of view of the fundamental provisions enshrined in the legislation on equity participation in construction, and what are the consequences of concluding such a contract.
Keywords: booking agreement, shared construction, shared participation agreement in construction, shared construction participant, developer, raising funds.
The article bibliographic list
1. Federal Law “On Participation in the Shared construction of apartment buildings and Other Real estate objects and on Amendments to Certain Legislative Acts of the Russian Federation” dated 30.12.2004 No. 214-FZ (last edition) // SPS “Consultant-Plus”.
2. Braginsky M. I., Vitryansky V. V. Contract law: General provisions. – M.: Statute, 1998.
3. Belov V. A. Civil law. General part: in 2 vols. – Moscow: Yurayt, 2011. – Vol. 2.
4. Koretsky A.D. Theoretical and legal foundations of the doctrine of the contract. – St. Petersburg: Legal Center Press, 2001.
5. Romanets Yu. V. The system of contracts in the civil law of Russia: Monograph (2nd edition, revised and expanded). – M.: Norma, Infra-M, 2013. – 496 p.
6. Taxonomy of contracts in civil law: Collection. tez.Vseros. nauch.-prakt. conf. (Samara, October 9, 2015). – Samara: Publishing House of Samar. humanitarian. akad., 2016. – 188 p.
CIVIL LAW
Isaev M. Sh., Magomedova M. A.
Procedural features of consideration of cases on changing the legal status of a citizen
This article analyzes the procedural features of the consideration of cases on changing the legal status of a citizen, analyzes a number of problematic issues and justifies the need for this institution for a socially oriented state. The normative provisions of the procedure for changing the legal status of citizens, procedural features of their consideration in the courts, materials of judicial practice, for systematization of the main theoretical provisions and procedural features of this procedure are considered.
Keywords: civil procedure, special proceedings, legal capacity, recognition as incapacitated, legal status of a person, rights of citizens, applicant, interested person, application.
The article bibliographic list
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.06.2008 No. 11 (ed. of 09.02.2012) “On the preparation of civil cases for trial” //SPS “ConsultantPlus”.
2. Resolution of the ECHR of 27.03.2008 2 Case “Shtukaturov (Shtukaturov) Blazheev V. V. Civil procedure: textbook for bachelors / ed. V. V. Blazheev, E. E. Uksusova. – M.: Prospect, 2015. – p. 102.
3. Grebenyuk N. L. Persons involved in the case of special proceedings. – Sverdlovsk, 1984.
4. Melnikov A. A. Special production in the Soviet civil process // Soviet state and law. – 1961. – No. 6. – pp. 53-63.
5. Osokina G. L. Civil procedure: General part.- M., 2010.
6. Pyatietov I. M. Features of legal proceedings in cases of recognition of a citizen as incapacitated:lecture / Ed. by V. F. Taranenko; All-Union. jurid.extramural in-T. – M.: VYUZI, 1984. – p. 54.
7. against the Russian Federation” (complaint No. 44009/05) // SPS “ConsultantPlus”.
8. Khutyz M. H. The process of recognizing a citizen as legally incapable or incapacitated as a special production // Scientific notes of the VUZI. -1968. – Issue. 17. – Book 3. – p. 207.
9. Chechot D. M. Non–search proceedings. – M.: Legal literature, 1973.
10. Shakaryan M. S. The doctrine of the parties in the Soviet civil process. – M., 1970.
CIVIL LAW
Kashtanova A. O., Zvyagina A.V.
Efficiency of the use of infocommunication technologies in the activities of the penal system of the Russian Federation
The article is devoted to the consideration of the issue of the effectiveness of the use of modern technologies used in the activities of the penal system of the Russian Federation. The list of electronic services actively used by the territorial bodies of the Federal Penitentiary Service of Russia in their professional activities in order to preserve and maintain socially useful connections of convicts with loved ones is considered, concrete examples of the use of modern technologies to provide advice to convicts, as well as the comprehensive development and disclosure of the inner potential of the individual are indicated, specific proposals for improving the legislative consolidation of services provided FSIN of Russia.
Keywords: electronic services, UIS, convicts, socially useful communications, Federal Penitentiary Service of Russia, modern technologies.
CIVIL LAW
Kubetkina Yu. V., Rodionov L. A.
On the issue of legal regulation of surrogacy in the Russian Federation
The relevance of the topic under consideration is explained by the statistics of the number of infertile couples. So, Dronova Yu. A. in the work on this problem states that in the Russian Federation infertility of married couples is about 15-20%. The article deals with the problems of legal regulation of surrogacy in the Russian Federation. The author suggests ways to improve Russian legislation in this area.
Keywords: assisted reproductive technologies, surrogacy, family law, civil contract.
The article bibliographic list
1. The Civil Code of the Russian Federation (Part one). – M.: Ed. Eksmo, 2020. – 928 p.
2. The Family Code of the Russian Federation. – M: Prospect, 2021. – 96 p.
3. Federal Law of the Russian Federation No. 143-FZ of 15.11.1997 “On Acts of Civil Status”. [electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_16758 /(accessed: 30.03.2021).
4. Federal Law of the Russian Federation No. 323-FZ dated 21.11.2011 “On the Basics of public health protection in the Russian Federation”. [electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_121895 / (date of request:30.03.2021).
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.05.2017 No. 16 “On the application of legislation by courts when considering cases related to the establishment of the origin of children”. [electronic resource]. – Access mode: http://www.consultant.ru /
document/cons_doc_LAW_216881/ (accessed date:30.03.2021).
6. Order of the Ministry of Health of the Russian Federation No. 803n dated 31.07.2020. “On the procedure for the use of assisted reproductive technologies, contraindications and restrictions to their use.” [electronic resource]. – Access mode: http://www.consultant.ru / document/cons_doc_LAW_365474/ (accessed: 30.03.2021).
7. Vaganova S. E., Ulovistova N. V. Medical and organizational and legal aspects of surrogacy. The birth of a child by a surrogate mother as a medical project and a civil transaction. – M.: Ridero, 2020. – 16 p.
CIVIL LAW
Nurbalaeva A.M., Elchiev T. T.
Practical implementation of the principle of judicial independence in the Russian Federation
To date, the issue of practical implementation of the principle of independence of judges in the Russian Federation remains relevant, on the proper implementation of which the provision of a legal space in Russia that protects violated rights and legitimate interests depends. The paper analyzes the problems of implementing the principle of independence of judges in practice.
Keywords: the principle of independence of judges, independent court, problems of implementation of the principle of independence of judges.
The article bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020).
2. Federal Constitutional Law No. 1-FKZ of 31.12.1996 (as amended on 08.12.2020) About the judicial system of the Russian Federation. [electronic resource]. – Access mode: http://www.consultant.ru / (date of appeal: 03/15/2021).
3. Zhuikov V. M. On some problems of the principle of independence of judges // Law. – 2019. – No. 10. – pp. 122-136.
4. Kondrashev A. A. The problem of implementing the principle of independence of judges in Russia: from theory to law enforcement practice // Actual problems of Russian law. – 2015. – № 8 (57). – Pp. 181-187.
5. Kushch N. O., Vasechkina A.V. Problems of ensuring the guarantee of full independence of judges // Scientific support of the agro-industrial complex. -2016. – pp. 549-551.
CIVIL LAW
Pirova R. N.
The procedure for the provision of public services for the implementation of social benefits to citizens recognized as unemployed in accordance with the established procedure
The author of the article considers the procedure for providing state services for the provision of social benefits to citizens recognized as unemployed in the prescribed manner. The procedure for the provision of services is established in order to improve the quality of the provision of services and its accessibility, create optimal and comfortable conditions for recipients of public services, and also indicates the timing and sequence of administrative procedures or actions for making payments.
Keywords: unemployed, social benefits to citizens, employment of the population, unemployment benefits, employment services, financial assistance, labor and employment services, pension provision, labor pension.
The article bibliographic list
1. The Constitution of the Russian Federation, adopted by popular, secret ballot on 12.12.1993, entered into force on 25.12.1993 // Rossiyskaya Gazeta of 25.12.1993
2. By the Law of the Russian Federation No. 1032-1 of April 19, 1991 “On Employment of the Population in the Russian Federation” (as amended by Federal Law No. 378 of December 27, 2009).
3. By the Law of the Russian Federation No. 1032-1 of April 19, 1991 “On Employment of the Population in the Russian Federation” (as amended by Federal Law No. 378 of December 27, 2009).
4. The Law of the Russian Federation “On Labor Pensions in the Russian Federation”, No. 173-FZ of December 17, 2001. (ed. of 03.06.2006) // “Collection of Legislation of the Russian Federation”.
5. By the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment of the population in the Russian Federation” (as amended by Federal Law No. 378 of December 27, 2009).
6. The Law of the Russian Federation “On Labor Pensions in the Russian Federation”, No. 173-FZ of 17.12.2001 (ed. from 03.06.2006) // “Collection of legislation of the Russian Federation”.
7. Resolution of the Government of the Russian Federation “On approval of the procedure for registration of unemployed citizens”, “Collection of Legislation of the Russian Federation”. – 28.04.1997. – № 17. – St.2009.
8. Order of the Ministry of Health and Social Development of the Russian Federation dated 29.07.2005 No. 485 (ed. dated 04.09.2006) “On Approval of the Regulations on the Procedure for Financing measures to promote employment and social support of unemployed citizens” (Registered in
Ministry of Justice of the Russian Federation 20.09.2005 No. 7029).
9. By Order of the Federal Employment Service of Russia No. 78 dated June 18, 1993 “On providing material assistance to unemployed and family members of unemployed who are dependent on them” (registered with the Ministry of Justice of Russia on August 2, 1993, No. 315).
10. “Rules for registration and removal of citizens from registration at the place of stay and by place of residence within the Russian Federation” No. 713 of 17.07.1995// “Collection of legislation of the Russian Federation”. – 24.07.1995. – №30. – Article
2939.11. Vlasov V. I. Commentary on the law on employment in the Russian Federation. – M., 1997. – Article 1. – Article 172.
12. Gusov K. N. Commentary on the Labor Code of the Russian Federation. – M.: Prospect, 2002.
CIVIL LAW
Spector A. A.
Problems of the relationship between the inheritance contract and the will
In this article, the relationship between the inheritance contract and the will is considered, their comparative characteristics are carried out, the similarity and difference of these legal constructions are highlighted. Based on the results of the consideration of the topic, conclusions are drawn.
Keywords: inheritance contract, will, civil code, inheritance, law, agreement, succession, inheritance.
The article bibliographic list
1. The Civil Code of the Russian Federation (Part Three) of 26.11.2001 No. 146-FZ (ed. of 18.03.2019).[Electronic resource]. – Access mode: SPS “Consultant Plus”.
2. Belootchenko E. A. Inheritance contract within the framework of reforming Russian inheritance law // Leningrad Law Journal. – 2017. -№ 2 (48). – P. 123.
3. Mikhailova I. A. Inheritance contract: advantages and disadvantages // Inheritance law. – 2018. – No. 4. – pp. 45-50.
4. Yuzefovich Zh. Yu., Safronova S. A. Novelties of civil legislation. Hereditary contract // Civil service and personnel. – 2019. – No. 3. – pp. 87-90.
CIVIL LAW
Sudakova O. V.
The problem of alienability of personal rights
The article is devoted to the issues of alienation of personal rights in Russian and foreign practice. This problem is of great relevance, since the theoretical construction of inalienable rights is significantly adjusted by legislation and law enforcement practice. The author comes to the conclusion that the problem of alienability is most acute in relation to family rights and property rights.
Keywords: personal rights, alienation of personal rights, property rights, forced alienation, domestic violence.
The article bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all–Russian vote on 01.07.2020) // Rossiyskaya Gazeta of December 25, 1993 – No. 237.
2. Convention on the Protection of Human Rights and Fundamental Freedoms// The Federal Law of the Russian Federation of 08.01.2001. – No. 2. – Article 163.
3. Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children” (ed. of 12/22/2020) // RF Federal Law of 1
January 2007 – No. 1 (Part I). – Article 19.
4. Ruling of the Constitutional Court of the Russian Federation No. 1518-O dated June 23, 2015 on the refusal to accept for consideration the complaint of citizen Lukyanitsa Alexander Vladimirovich for violation of his constitutional rights and the constitutional rights of his minor children Lukyanitsa Vladimir Alexandrovich and Lukyanitsa Nikolai Alexandrovich by the provisions of Article 3 of the Federal Law “On additional measures of state support for families with children”. [electronic resource]. – Access mode: Access from the SPS “Garant”.
5. Volkov V. E. Global alienation: informational separatism and human rights // Legal Bulletin of Samara University. – 2017. – Volume 3. – No. 3. – pp. 13-16.
6. Samokhina A. N. The possibility of termination of property rights by force // Tavrichesky scientific Observer. – 2017. – No. 3. – pp. 1-5.
7. Schennikova L. V. The system of grounds for termination (deprivation) of property rights as a necessary condition for the effective implementation of the principle of inviolability of property // Bulletin of Perm University. Legal sciences. – 2009. – № 44. – C. 329-351.
8. Ley Orgánica 1/2004, de 28 de diciembre, de Medidas de Protección Integral contra la Violencia de Género // «BOE».– Núm. 313. – De 29/12/2004.
CIVIL LAW
Tumanov E. V.
Legal regulation of the agreement on innovation in the system of grounds for termination of obligations
In this article, special attention is paid to the legal regulation of the agreement on innovation in the system of grounds for termination of obligations. If the parties to the obligation have decided to terminate the binding relationship, then they perform certain actions provided for by law that terminate the obligation. It is noted that the reform of civil legislation affected Article 414 of the Civil Code of the Russian Federation in the part that was responsible for the substance of the innovation. The previous version of this article is considered, according to which innovation was possible in the case when the parties to the obligation agreed on another subject or method of fulfilling the obligation. There is no such provision in the current version of Article 414 of the Civil Code of the Russian Federation.
Conclusions are drawn: the basic regulatory legal act regulating the conclusion of an agreement on innovation is the Civil Code of the Russian Federation. At the same time, based on the substance of a specific obligation, the legal regulation of an agreement on innovation can additionally also be carried out by a whole set of federal laws and codified acts. Special attention should also be paid to the law enforcement practice regulating this area, the acts of the higher courts. In order to optimize law enforcement practice, we consider it necessary to amend art. 346.17 of the Tax Code of the Russian Federation, providing for the provision: “… as well as termination of the obligation in another way.”
Keywords: obligations, innovation, obligation, code, law, legal regulation, change, party, model.
The article bibliographic list
1. The Civil Code of the Russian Federation (Part one) of 30.11.1994 No. 51-FZ (ed. of 09.03.2021). [electronic resource]. – Access mode: SPS “Consultant Plus”.
2. The Civil Code of the Russian Federation (Part two) of 26.01.1996 No. 14-FZ (ed. of 09.03.2021). [electronic resource]. – Access mode: SPS “Consultant Plus”.
3. The Tax Code of the Russian Federation (Part Two) of 05.08.2000 No. 117-FZ (ed. of 17.02.2021). [electronic resource]. – Access mode: SPS “Consultant Plus”.
4. Federal Law No. 42-FZ dated 08.03.2015 “On Amendments to Part One of the Civil Code of the Russian Federation”. [electronic resource]. – Access mode: SPS “Consultant Plus”.
5. Solomin S. K., Solomina N. G. Civil law: certain types of contracts: Textbook. – M.: Justicinform, 2018.
CIVIL LAW
Shevchuk S. S., Petrov N. V.
Evolution of the theory of the object of civil rights
The article examines the actual problems of the emergence, formation and development of the theory of objects of civil rights, analyzes the points of view of representatives of civil science regarding objects of civil rights and legal relations, identifies problems and contradictions in the current legislation, suggests ways to improve and develop it.
Keywords: composition of civil legal relations, object of civil law, object of civil legal relations, types of objects of civil rights, non-subject legal relations.
The article bibliographic list
1. Alekseev S.S. About the object of law and legal relations// Questions of the general theory of Soviet law. M., 1960. pp. 284-308.
2. Bagdasarov V.Yu. Bases of classification of lawmaking //Journal of Russian Law. 2012. No. 11. pp. 49-56.
3. Belov V.A. The object of subjective civil law, the object of civil legal relations and the object of civil turnover: the content and correlation of concepts // Objects of civil turnover: Collection of articles /ed. by M.A. Rozhkova. M.: Statute, 2007. pp.6-77.
4. Berg L.N. Theoretical foundations of classification of legal impact // Modern law. 2016. No. 1. pp. 11-16.
5. Valeev M.M. Things as objects of civil legal relations: Dis. … cand. jurid. sciences’: 12.00.03: Yekaterinburg, 2003. 215 p.
6. Gambarov Yu.S. Civil law. The general part. M.:
“Mirror”, 2003. 796 p.
7. Civil law. Part One: Tutorial / Edited by A.G. Kalpin, A.I. Maslyaev. M.: Jurist, 1997. 470 p.
8. Civil law: In 2 vols. Vol. 1: Textbook / Ed. by E.A. Sukhanov. M.: BEK Publishing House, 1998. 785 p.
9. Civil Law: Textbook for universities in 3 parts. Part One / Edited by P.P. Kamyshansky, N.M. Korshunov, V.I. Ivanov. M.: Eksmo, 2009. 719 p.
10. Civil law: Textbook. Vol. 1 / Edited by M.M. Agarkov, D.M. Genkin. M., 1944. 419 p.
11. Civil law: textbook: in 3 t. / Edited by A.P. Sergeev. M.: RG-Press, 2011. 1006 p.
12. Zinchenko S.A., Lapach V.A., Shapsugov D.Yu. Problems of objects of civil rights. Rostov-on-Don: SKAGGS Publishing House, 2001. 246 p.
13. Ioffe O.S. Soviet civil law. L., 1958. 511 p.
14. Kotareva O.V. Land plot as an object of civil legal relations: Dis. … cand. jurid. sciences’: 12.00.03: Moscow, 2007. 179 p.
15. Lapach V.A. System of objects of civil rights: Theory and judicial practice. St. Petersburg: Publishing house “Law Center Press”, 2002. 542 p.
16. Maslov V.V. Medicinal products as objects of civil legal relations: Dis. … cand. jurid. sciences’: 12.00.03. Volgograd, 2007. 206 p.
17. Meyer D.I. Russian civil law. Part 1. (according to the 1902 edition). Moscow: Statute, 1997. 829 p.
18. Novoselov M.M. Classification // Philosophical dictionary / Edited by I.T. Frolov. M., 2001. 719 p.
19. Sadovsky V.N. Problems of philosophical substantiation of system research // System research: Methodological problems. Moscow: Nauka, 1984. pp. 32-51.
20. Salikhov I.I. Information with limited access as an object of civil legal relations: Dis…. cand. jurid. sciences’: 12.00.03: Kazan, 2004. 264 p.
21. Senchishchev V.I. The object of civil law relations / Actual problems of civil law / Edited by M.I. Braginsky. M., 1999. pp. 109-160.
22. Sinaisky V.I. Russian civil law. M.: Statute, 2002. 636 p.
23. Philosophical Encyclopedia / Gl. ed. F.V. Konstantinov. M., 1962. Vol. 2. 576 p.
24. Frolov I.T. Philosophical Dictionary. Moscow: Publishing House of Political Literature, 1987. 588 p.
25. Khalfina R.O. Questions of the theory of law. M., 1961. 349s.
26. Shershenevich G.F. Textbook of Russian civil law (ed. 1907). M.: SPARK, 1995. 556 p.
27. Yakovlev A.S. Property rights as objects of civil legal relations: Dis. … cand. jurid. sciences’: 12.00.03: Voronezh. 213 p .
CIVIL LAW
Yastremsky I. A.
Legal problems of the content of the contract for the provision of paid medical services in the field of plastic surgery
The article deals with issues related to the content of the contract for the provision of paid medical services in the field of plastic surgery. The relevance of this issue lies in the fact that plastic surgery is actively developing and an increasing number of people are turning to its services, and therefore the legislator needs to develop and implement the legal framework in this area.
Keywords: contract for the provision of services, plastic surgery, medical services, patient, consumer protection, aesthetic medicine, performer, human health and life, core values.
The article bibliographic list
1. Gibadullina, L.T. The patient as a weak side in the obligations to provide medical services // Medical law. – 2015. – No. 3. – pp. 19-24.
2. Levushkin, A. N., Pushkareva, A. N. Public contract for the provision of paid medical services and protection of medical secrecy: theory and practice of application // Civil Law. – 2016. – No. 3. – pp. 13-16.
CIVIL LAW
Ananyeva E. O., Ivliev P. V.
Bankruptcy of legal entities
This article discusses the main external and internal causes of bankruptcy of legal entities. Economic ways of preventing bankruptcy of enterprises are proposed, as well as legal aspects that can keep an enterprise from going bankrupt are touched upon.
Keywords: bankruptcy, insolvency, entrepreneurial activity, legal entities, arbitration court, enterprise administration, market relations.
The article bibliographic list
1. Federal Law No. 127-FZ of 26.10.2002 (ed. Dated 12/30/2020) “On insolvency (bankruptcy)” //The Collection of Legislation of the Russian Federation dated October 28, 2002 – No. 43. – Article 4190.
2. Decree of the Government of the Russian Federation dated 04/03/2020 No. 428 (ed. dated 05/22/2020) “On the introduction of a moratorium on the initiation of bankruptcy proceedings at the request of creditors in respect of individual debtors”.[Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/73742428 /(date of application: 1.03.2021).
CIVIL LAW
Dashkovets D. A.
Development of legislation in the field of protection of confidential information
The most important component of any society and state is information. Without it, everything that is necessary for the normal existence of a person cannot fully develop: science, technology, legislation, etc.
The article examines the evolution and current state of legal regulation regarding confidential information in Russian legislation.
Keywords: information, confidentiality, personal data, state secret, commercial secret, restriction of access to information.
Statistical bibliographic list
1. Civil Code of the Russian Federation No. 51-FZ of November 30, 1994 (Part One): federal law // Collection of legislation of the Russian Federation. 1994. No. 32. St. 3301.
2. On enforcement proceedings: Federal Law No. 229-FZ of October 2, 2007 // Collection of Legislation of the Russian Federation. 2007. No. 41. Article 4849.
3. On the entry into force of Part Four of the Civil Code of the Russian Federation: Federal Law No. 231-FZ of December 18, 2006 // Collection of Legislation of the Russian Federation. 2006. No. 52 (Part I). Article 5497.
4. On Information, information technologies and information protection: Federal Law No. 149-FZ of July 27, 2006 // Collection of Legislation of the Russian Federation. 2006. No. 31 (Part I). Article 3448.
5. On State protection of victims, witnesses and other participants in criminal Proceedings: Federal Law No. 119-FZ of August 20, 2004 // Collection of Legislation of the Russian Federation. 2004. No. 34. St. 3534.
6. On trade secrets: Federal Law No. 98-FZ of July 29, 2004 // Collection of Legislation of the Russian Federation. 2004. No. 32. St. 3283.
7. On State Protection of Judges, Officials of Law Enforcement and Regulatory Bodies: Federal Law No. 45-FZ of April 20, 1995 //Collection of Legislation of the Russian Federation. 1995. No. 17. St. 1455.
8. On State Secrets: RF Law No. 5485-I of July 21, 1993 // Vedomosti of the Congress of People’s Deputies of the Russian Federation and the Supreme Council of the Russian Federation. 1993. No. 38. St. 1480.
9. On approval of the list of confidential information: Decree of the President of the Russian Federation No. 188 of March 6, 1997 // Collection of Legislation of the Russian Federation. 1997. No. 10. St. 1127.
10. On approval of the Regulations on the Procedure for Handling Official Information of Limited Distribution in Federal Executive Authorities, the Authorized Body for Managing the Use of Atomic Energy and the Authorized
Body for Space Activities: Decree of the Government of the Russian Federation No. 1233 of November 3, 1994 //Collection of legislation of the Russian Federation. 2005. No. 30. St. 3165.
11. On information, informatization and information protection: Federal Law No. 24-FZ of February 20, 1995 (expired) // Collection of Legislation of the Russian Federation. 1995. No. 8. St. 609.
12. Resolution of the Council of Ministers of the USSR of August 16, 1990 No. 835 “On measures for the demonopolization of the national economy // Collection of resolutions of the USSR. 1990. No. 24.St. 114.
13. Bogdanova A.M. Protection of confidential data as a way to maintain information security // Questions of student science. 2020. No.5 (45). pp. 102-106.
14. Popov V.O. The concept and types of confidential information // Actual scientific research in the modern world. 2020. No. 7-1 (63). pp. 87-90.
CIVIL LAW
Palienko I. V.
Recovery of purely economic losses: statement of the problem in the historical context
This article discusses the recovery of purely economic losses. Roman lawyers did not develop general principles of compensation for harm, but rather solved practical problems by the example of specific cases, nevertheless, there were already examples of damages of this kind in Roman law. In the Middle Ages, glossators and postglossators, commenting on Roman texts, also paid attention to the analysis of similar cases. It is proved that purely economic losses as an independent category became the subject of scientific discussion at the end of the XIX century. Based on the results of the study, the author comes to the conclusion about the historical predisposition of the existence of two concepts of compensation: liberal and pragmatic. The representative of the first is France, where, by virtue of the principle of general tort, there are no visible restrictions on the range of damages to be compensated. The second is Germany, where there is a rather conservative view regarding the admissibility of their collection.
Keywords: tort, illegality, purely economic losses, guilt, non-contractual obligations.
The article bibliographic list
1. Dozhdev D. V. Roman private law. 3rd ed. / Under the general editorship of V. S. Nersesyants. M.: Norm: INFRA-M, 1996.
2. Bussani M., Palmer V., Pure Economic Loss in Europe./ ed. by M.Bussani, V.Palmer. Cambridge University Press, 2003.
3. Dam. C. European Tort Law. Oxford University Press, 2009. P. 172; Markesinis B., Unberath H. The German Law of Torts. A Comparative Treatise. 4th ed. Hart Publishing. Oxford and Portland, 2002.
4. Girke O. Der eines bürgerliches Gezetsbuch und das deuthe Recht. Leipzig, 1889. S.264; Kohler J. Recht und Prozess. Zeitschrift für das privat-öffentliche Recht der Gerenwart. Bd.14., 1887.
5. Gordley J. Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment. Oxford University Press, 2007.
6. Gordley J. Tort Law in the Aristotelean Tradition//Philosophical Foundations of Tort Law/ ad. by D.G. Owen, 1997.
7. Hugo Grotius, De iure belli ac pacis libri tres / B.J.A. de Kanter-van Hettinga Tromp, eds., Lugduni Batavorum Brill, 1939.
8. Ihering R. Culpa in contrahendo oder Schadensersatz bei nichtigen oder nicht zur Perfection gelangten Verträgen// Jherings Jahrbücher. Bd. 4., 1861.
9. Koziol H. Basic Questions of Tort Law from a Germanic Perspective. Jan Sramek Verlag, 2012.
10. Rade C., Bloch L. Compensation for Pure Economic Loss under French Law // Pure Economic Loss / ed. by Willem H. van Boom, Helmut Koziol, Chrisitian A. Witting. Springer Wien, 2004.
11. Zimmermann R. The Law of Obligations. Roman Foundations of the Civilian Tradition. Cape Town, 1992.
CIVIL LAW
Petrova M. S.
Medicines – commerce or healthcare?
The fundamentals of legal regulation of legal relations in the field of circulation of medicines today occupy a leading role both in the activities of healthcare and in the economic sector. Recently, such interest has been caused by global changes on a global scale due to the pandemic associated with coronavirus infection. The article reveals the concept of medicines, their belonging to both public legislation and patent law. Special attention is paid to the study of a new subordinate departmental regulatory act – the draft Order of the Ministry of Economic Development of the Russian Federation on amendments to the Order of the Ministry of Economic Development of the Russian Federation dated 25.05.2016 No. 316. It sets out changes in the regulation of the legal framework on the fact of the permissible legalization of reproduced medicines on the pharmaceutical market.
Keywords: medicines, patents, healthcare, exclusive intellectual property rights.
The article bibliographic list
1. The Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (ed. of 24.02.2021) // Collection of Legislation of the Russian Federation. – 17.06.1996. – No. 25. – Article 2954.
2. Decree of the President of the Russian Federation dated 22.02.1992 No. 179 (ed. Dated 17.03.2020) “On the types of products (works, services) and production waste, the free sale of which is prohibited // Rossiyskaya Gazeta. – No. 61. -16.03.1992.
3. Federal Law No. 99-FZ of 04.05.2011 (ed. Dated 31.07.2020) “On licensing of certain types of activities” (with amendments and additions, intro. effective from 01.01.2021)// Rossiyskaya Gazeta. – № 97. – 06.05.2011.
4. Federal Law No. 61-FZ of 12.04.2010 (ed. Dated 02.08.2019) “On the circulation of medicines”// Rossiyskaya Gazeta. – No. 78. – 14.04.2010.
5. Decree of the Government of the Russian Federation of 30.06.1998 No. 681 (ed. of 29.07.2020) “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation” // Rossiyskaya Gazeta. – № 134. –17.07.1998.
6. Order of the Ministry of Economic Development of the Russian Federation No. 527 dated 01.10.2018 “On Amendments to the Rules for Drawing Up, Filing and Reviewing Documents that are the Basis for Legally Significant Actions for State Registration of Inventions, and Their Forms and Requirements for Documents of the Patent Application for an Invention Approved by Order of the Ministry of Economic Development of the Russian Federation No. 316 dated May 25, 2016” (Registered with the Ministry of Justice of Russia on 03.12.2018 No. 52851) // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru , 04.12.2018.
7. Draft Order of the Ministry of Economic Development of the Russian Federation “On Amendments to the Order of the Ministry of Economic Development of the Russian Federation dated May 25, 2016 No. 316” (as of 01/29/2021) (prepared by the Ministry of Economic Development of the Russian Federation, Project ID 01/02/01-21/00112767). – [
Electronic resource]. – Access mode: Help.-legal system “ConsultantPlus”.
8. Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 1 dated January 26, 2010 “On the application by courts of civil legislation regulating relations on obligations as a result of harm to the life or health of a citizen” // Rossiyskaya Gazeta. – № 24. – 05.02.2010.
9. The decision of the Supreme Court of the Russian Federation dated 24.07.2017 No. AKPI17-441 On Invalidation of paragraphs of the twenty-second, twenty-eighth, twenty-ninth, thirtieth letter of the Federal Antimonopoly Service dated 03.02.2016 No. AD/6345/16 “On consideration of the appeal” // The text of the document is available in the legal reference system “Consultant Plus”.
10. Andre A. A. Medicinal products as objects of exclusive rights: dis. … Candidate of Legal Sciences. – M., 2011. – 175 p.
11. Gavrilov E. P. Legal protection of medicines: what needs to be changed? // Patents and licenses. – 2018. – No. 4. – Pp. 15-20; No. 5. – Pp. 16-23. – [Electronic resource]. Access from help.- the legal system “ConsultantPlus”.
12. Maslov V. V. Medicinal products as objects of civil legal relations: dis. … candidate of Legal Sciences. – Volgograd, 2007. – 206 p.
13. Pilicheva A.V. Medicinal products as objects of patent rights: dis. … Candidate of Legal Sciences. – M., 2015. -222 p.
14. Sannikova L. V., Kharitonova Yu. S. Protection of the rights of patent holders in the event of a conflict of patents for medicinal products // Bulletin of Perm University. Legal sciences. – 2019. – No. 1. – pp. 121-145.
15. [Electronic resource]. – Access mode: https://www.dw.com/ru / Which country will get the coronavirus vaccine first?
CIVIL LAW
Sayfutdinov A. R.
Signs and functions of civil liability for damage caused by the state to business entities
This article is devoted to the signs and functions of civil liability for damage caused by state authorities to entrepreneurs.
On the basis of general theoretical scientific achievements, the author considers the legal category of civil liability within the framework of harm caused by state authorities to business entities. The paper highlights the unique features that are characteristic of this group of legal relations, and subsequently examines the functions of this type of civil liability. The conclusion is substantiated that the functions of civil liability of the state for harm caused to business entities are closely interrelated
Keywords: entrepreneurial activity, civil liability of the state, signs and functions of civil liability.
The article bibliographic list
1. Civil law. In 2 part 1: textbook for university students studying in the direction of “Jurisprudence” / Edited by V. P. Kamyshansky, N. M. Korshunov, V. I. Ivanov. – M.: UNITY-DANA, 2012.
2. Kulagin M. N. Selected works. – M., 1997.
3. Ryzhenkov A. Ya. Functions of civil law: questions of theory // Gaps in Russian legislation. – 2012. – № 4.
4. Saifutdinov A. R. The concept of civil liability for damage caused by the state to business entities //Eurasian Legal Journal. – 2021. – No. 2.- pp. 192-193.
5. Sukhanov E. A. Russian Civil Law: Textbook. In 2 volumes. Volume 1. — M.: Statute, 2014.
6. Ustinenko Yu. Yu. The concept and signs of civil liability // Problems of modern science and education. — 2015. — № 7.
CIVIL LAW
Vishnyakov R. V.
Possibilities of protecting the rights of the parties in case of disputes when concluding transactions in electronic form
The article discusses the legal basis for concluding transactions in electronic form, analyzes the essential features of contracts in electronic form. Based on the analysis of the legislative basis in
this area, a list of risks that counterparties may face in an electronic transaction is highlighted, as well as the possibilities of minimizing them by using the blockchain system when concluding agreements.
Keywords: electronic transaction form, electronic signature, counterparty risks, blockchain.
The article bibliographic list
1. The Civil Code of the Russian Federation” dated 30.11.1994 No. 51-FZ (ed. dated 31.01.2016) // “Collection of Legislation of the Russian Federation”. – 05.12.1994.
2. Federal Law No. 63-FZ of 06.04.2011 (ed. Dated 08.06.2020) “On electronic signature” (with amendments and additions, intro. effective from 01.01.2021).
3. Ananko A. Conclusion of contracts by electronic data exchange. [Electronic resource] — Access mode. http://www.russianlaw.net/law/doc/a123.html.
4. Epifantsev A.V., Petrov N. S. Modern electronic means and forms of transactions // International Journal of Humanities and Natural Sciences. -2018. – pp. 260-263.
5. Efimova L. G. Legal features of the electronic form of banking transactions. // Bulletin of the O. E. Kutafin University. – 2017. – pp. 22-41.
6. Krakhmalev S. V. SWIFT is a global telecommunications system that provides international financial transactions. // International payments. – 2007. – № 9 (249).
7. Jump I. V., Yurlova N. S. Risk management.[Electronic resource] — Access mode. http://cyberleninka.ru/article/n/upravlenie-riskami.
CIVIL LAW
Mysak N. Ya.
On the insolvency (bankruptcy) of individuals in foreign practice on the example of the USA and the states of the European Union
The article discusses some features of the regulation of the institution of insolvency (bankruptcy) of individuals in the legislation of the United States and the states of the European Union (on the example of France, Germany, Austria, Lithuania, Latvia, Estonia and Spain). The article analyzes not only those countries whose legislation is a model for other states, but also countries in which some of the newest laws on bankruptcy of individuals in Europe are in force. Based on the analysis and the identified features, the author draws conclusions about the possibility of implementing some provisions of foreign legislation into the relevant legislation of the Russian Federation.
Keywords: insolvency (bankruptcy), citizens, insolvency (bankruptcy) of individuals, debtor, creditor, obligations, USA, European Union, France, Germany, Austria, Lithuania, Latvia, Estonia, Spain.
The article bibliographic list
1. Abdullaev A. Z., Magomedova M. A. Analysis of foreign regulation of insolvency (bankruptcy) of individuals // Law and Law. – 2018. – № 9.
2. Alferov V. N. Directions of using foreign practice for the development of the institution of insolvency of citizens in Russia // PSE. – 2018. – No. 1 (653.
Afanasyeva E. G., Paperkina A.V. Bankruptcy of individuals: foreign experience. (abstract review) // Social and humanitarian sciences. Domestic and foreign literature. Ser. 4, State and Law: Abstract Journal. – 2016. – No. 1.
4. Huseynova L. V., Shakhaeva A.M. Legal regulation of bankruptcy of individuals in Russia and abroad: to the formulation of the problem // Izvestiya vuzov. The North Caucasus region. Series: Social Sciences. – 2012. – No. 4.
5. Krivorot D. A. Comparative research Institute of bankruptcy of individuals in the Russian Federation and the USA // Legality and law and order in modern society. – 2016. – No. 32.
6. Sablina I. A., Yulova E. S. directions for improving the legislation of the Russian Federation on bankruptcy of citizens based on foreign experience // Education and Law. – 2020. – No. 2.
7. Sherashenkova E. A. Comparative legal analysis of bankruptcy of individuals in foreign countries// Actual problems of comparative jurisprudence: theory and practice. – Vitebsk: Vitebsk State University named after P. M. Masherov, 2017.
8. Shulga A. K. Comparative characteristics of bankruptcy of citizens in the Russian Federation and foreign countries // Humanities, socio-economic and social sciences. – 2019. – No. 4.
9. Ambrasaite G., Norkus R. Legal aspects of the insolvency of individuals in the Baltic States // Judica international. – Tartu, 2014. – Volume 21.
10. Bayer L. D., Elias S. New bankruptcy: will it work for you? 6th ed. – New York: NOLO, 2015.
CIVIL PROCEDURE
Gerasimova N. N., Gorina N. V.
Protection of housing rights in court
The State is making quite vigorous efforts to adjust the entire array of various legal norms adopted in order to regulate housing relations, in order to further improve it, as well as eliminate the identified gaps and contradictions. In conditions of strengthening the foundations of a market economy, the priority goal of modern domestic housing policy should be to ensure housing affordability and improve housing conditions. In an attempt to solve housing problems, people are increasingly entering into dubious transactions, buying housing in risky situations without checking the reliability of sellers and the purity of the upcoming purchase, the presence of minor children registered in the apartment, the presence of arrests and other restrictions on the disposal of such housing, as well as the existence of unauthorized alterations, reconstructions, is not revealed.
In this connection, there is a need for high-quality housing legislation designed to regulate housing relations, as well as civil procedure legislation, which has the task of ensuring and protecting such relations. Modern legislation has significant shortcomings due to the imperfection of the regulatory framework formed by the legislator, which in turn creates difficulties in law enforcement practice.
Judicial statistics show that disputes arising from housing legal relations constantly have a significant share in the total number of civil cases considered by the courts of the Russian Federation. Therefore, housing problems for Russians are still relevant.
This determines the expediency of a comprehensive study of the issue of judicial protection of housing rights in theoretical and practical aspects.
Keywords: housing rights, judicial protection, housing, self-protection of rights, property.
The article bibliographic list
1. Dambaeva I. V. Termination of the social employment contract // Eurasian Legal Journal. – 2020.- № 4 (143). – Pp. 174-176.
2. On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 of 02.07.2009// Bulletin of the Supreme Court Courts of the Russian Federation. – 2009. – № 9.
3. The ruling of the IC on Civil Cases of the Supreme Court of the Russian Federation dated April 16, 2013 No. 4-KG13-2. [electronic resource]. – Access mode: https://www.garant.ru/products /ipo/prime/doc/70277848 (publication date: 03/12/2021).
4. Starodumova S. Yu. The emergence and implementation of the right of ownership of citizens to land plots:autoref. dis. … cand. jurid. sciences. – M., 2010. – 30 p.
5. Starodumova S. Yu. On the ways of recognizing the ownership of land plots // Lawyer. -2009. – No. 5. – pp. 87-92.
6. Judicial Department. [electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=5461 (accessed 12.03.2021).
FAMILY LAW
Bulygina Yu. Ya
European experience of ensuring the right to communicate with a child when placing a parent in a correctional institution
Ensuring human rights, and especially the rights of the child, has always been at the center of the world and Russian agenda. Discussion of child-friendly justice mechanisms requires a thorough analysis of best practices in order to consider the possibility of their implementation in Russian legislation. This article provides an overview of some ideas formulated both at the level of the Council of Europe and within individual European states, which allow us to expand the understanding of the prospects for the development of the Russian legal system in terms of preserving child-parent relations in the case of one of the parents serving a custodial sentence.
Keywords: children’s rights, penitentiary system, family values, child-parent relations.
The article bibliographic list
1. The official website of the GUFSIN of Russia in the Sverdlovsk region. – [Electronic resource]. – Access mode: https://66.fsin.gov.ru/news/detail.php?ELEMENT_ID=509652 .
2. Justice for the children of prisoners. Special issue of News Letter 3 from 4-2013. – [Electronic resource]. – Access mode: https://childrenofprisoners.eu/wp-content/uploads/2019/02/JudgesSentencingNewsletter.pdf .
3. Memorandum of Understanding on the Rights of children whose parent is in prison (Ministry of Justice, National Ombudsman for Childhood and Adolescence and Bambinisenzasbarre ONLUS-member of COPE, Italy. – [Electronic resource]. – Access mode: https://www.bambinisenzasbarre.org/textrights-charter-of-children-of-prisoners/
4. Recommendation CM/Rec (2018) 5 of the Committee of Ministers to Member States concerning children with incarcerated parents (2019). – [Electronic resource].– Access mode: https://edoc.coe.int/en/childrens-rights/7802-recommendation-cmrec20185-of-thecommittee-of-ministers-to-member-states-concerningchildren-with-imprisoned-parents.html.
AGRARIAN LAW
Vlasov V. A., Tolstikov V. A.
The legal category “agrarian dispute” and the forms of its resolution under UK law
The article analyzes the British foreign experience of legal regulation of agrarian relations through the resolution of a legal dispute, in terms of its legislative regulation (the first part of the study), which is carried out through the main act of the agrarian sphere – the Law “On the Development of Agriculture”, special laws and general laws, all of them regulate the forms of dispute resolution that make up the second part of the current research (negotiations, mediation, expert determination, arbitration (arbitration court), judicial proceedings).
Keywords: legal responsibility, legal dispute, agricultural dispute, agricultural producer, farm, agricultural holding, forms of dispute resolution.
The article bibliographic list
1. Vlasov V.A. On the possibility of distinguishing the legal category “agrarian entrepreneur” in the system of sectoral agrarian and legal terminology // Agrarian and land law. 2020. No. 9 (189). pp. 59-63.
2. Vlasov V.A., Tolstikov V.A. On the possibility of distinguishing the legal category “agrarian dispute” in the doctrine of domestic agrarian law: statement of the problem // Agrarian and land law. 2020. No.4 (184). pp. 10-16.
3. Zemko A.M., Mashevska L.A. Shchodoevtya “agrarian-pravoviy spir” // Naukoviy visnik nubip Ukrainy. Series: right. 2012 . No. 173-3. pp. 49-58.
4. “Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2020)” (approved by the Presidium of the Supreme Court of the Russian Federation on December 23, 2020).
5. Resolution of agricultural disputes // Sintons Law Solicitors.[Electronic resource]. – Access mode: https://sintons.co.uk/rural/agricultural-dispute-resolution /(accessed: 03/17/2021).
6. Andrew F. Conflict in rural areas// Bulletin of the Association of Agricultural Law: Winter 2016/17. Okkham: Association of Agricultural Law, 2016. [Electronic resource]. – Access mode: https://ala.org.uk/bulletin-archive / (accessed: 03/17/2021).7. Arbitration // RICS: Royal Institute of Chartered Surveyors. [electronic resource]. – Access mode:https://www.rics.org/globalassets/rics-website/media/upholding-professional-standards/regulation/drs/toolkit/arbitration.PDF format (accessed: 03/17/2021).
8. Bambang S.R. The law of the agrarian conflict and efforts to resolve it: A claim dispute over land ownership // International Law Journal. 2017. V. 3; I. 3. pp. 80-88. [electronic resource]. – Access mode: https://www.lawjournals.org/archives/2017/vol3/issue3/3-3-13 (accessed: 03/17/2021).
9. Bambang S.R. Sociology of law: Settlement of agrarian disputes // International Law Journal. 2017. V. 3;I. 3. pp. 52-58. [electronic resource]. – Access mode: https://www.lawjournals.org/archives/2017/vol3/issue3/3-3-13 (date of application: 03/17/2021).
10. Dispute resolution // CAAV. [electronic resource]. –Access mode: https://www.caav.org.uk/about-caav/dispute-resolution (accessed: 03/17/2021).
11. Paul P. Mediation in the settlement of disputes on agricultural lease // Bulletin of the Association of Agricultural Law: Autumn 2013. Okkham: Association of Agricultural Law, 2013. [Electronic resource]. – Access mode: https://ala.org.uk/bulletin-archive / (date of reference: 03/17/2021).
12. Rogers K.P. Agricultural law. 4th edition. Pub. Bloomsbury Professional: London, 2016. 912 p.
AGRARIAN LAW
Vlasov V. A., Tolstikov V. A.
Settlement of agrarian disputes in Great Britain and Russia: similarities and differences
The article analyzes the British foreign experience of legal regulation of agrarian relations through the resolution of a legal dispute, in terms of the hierarchy of judicial bodies authorized to resolve it, consisting of courts, tribunals, as well as non-departmental commissions both included and not constituting the judicial system of the UK; the types of agrarian dispute, such as disputes over lease, disputes concerning the realization of property rights arising from the implementation of agricultural activities, and some others.
Keywords: legal liability, legal dispute, agricultural dispute, agricultural producer, farm, agricultural holding, land court, land tribunal, types of agricultural dispute.
The article bibliographic list
1. Vlasov V. A. On the possibility of distinguishing the legal category “agrarian entrepreneur” in the system of sectoral agrarian and legal terminology // Agrarian and
land law. – 2020. – № 9 (189). – Pp. 59-63.
2. Vlasov V. A., Tolstikov V. A. On the possibility of distinguishing the legal category “agrarian dispute” in the doctrine of domestic agrarian law: formulation of the problem // Agrarian and land law. – 2020. – № 4(184). – Pp. 10-16.
3. Agricultural disputes // Clarke willmott. – [Electronic resource]. – Access mode: https://www.clarkewillmott.com (date of application: 03/17/2021).
4. Contentious farming law disputes and litigation //Monarch Solicitors. – [Electronic resource]. – Access mode: https://www.monarchsolicitors.com (date of application: 03/17/2021).
5. Farmers and Crofting // Manx National Heritage. –[Electronic resource]. – Access mode: https://manxnationalheritage.im / (date of request:17.03.2021).
6. Land Disputes, Farming Disputes and Agricultural Dispute Claims // Lanyon Bowdler Solicitors. – [Electronic resource]. – Access mode: https://www.lblaw.co.uk (accessed: 03/17/2021).
7. Restrictive Covenant // Investopedia. – [Electronic resource]. – Access mode: https://www.investopedia . com (accessed: 03/17/2021).
ENVIRONMENTAL LAW
Bushueva A. E., Ermolina M. A., Menshikov P. V.
Legal problems of regulating the number of wildlife objects in the Russian Federation
The article considers the issue of the legalization of hunting for objects of the animal world contained in semi-free conditions and in an artificially created habitat.
Innovations are analyzed from the point of view of compliance with the provisions of hunting and environmental legislation, as well as faunal legislation. The authors analyze the basic concepts and offer their vision of solving the problem.
Keywords: aviary hunting, hunting resources, wild animals, animal cruelty, legislative initiative, population regulation, environmental expertise.
The article bibliographic list
1. Anisimov A. P., Mokhov A. A., Kopylov D. E. The legal regime of animals as an object of civil and other legal relations // Modern law.- 2007. – No. 4. – pp. 1-4.
2. Sokolov V. E. Animal life: a textbook.- 3rd ed., revision and supplement – M.: Enlightenment.– 1989. – p. 313.
3. Shchedrina O. G. Regulation of the number of objects of the animal world (administrative and legal aspect) // Problems of economics and legal practice. – 2010. – No. 3. – Pp. 1-5.
ENVIRONMENTAL LAW
Kovalenko D. A., Maksimova E. V., Gogoleva V. V., Ponomarenko A.V.
Measures of legal liability for violation of legislation on subsoil use
The article substantiates the relevance of the creation at the present stage of the development of the state of the regulatory framework for the consolidation of legal responsibility in the Russian Federation in the process of subsoil use.
Based on the research and analysis of the general theoretical provisions and rules of environmental law, the prospects for the development of current legislation and new legal mechanisms that will be able to ensure the effective application of legal liability measures for violation of legislation on subsoil use are considered.
Keywords: responsibility, subsoil use, subsoil, natural resources, offenses, environmental legislation.
The article bibliographic list
1. Vitruk N.V. General theory of legal responsibility. 2nd ed., reprint. and additional – M.: Norma, 2012.
2. Maksimova E.V. Environmental aspects in the development of universal international security // High intellectual technologies and innovations in national research universities. – 2013.- 37-39.
3. Hidiyatova E.R., Rustamova A.T., Ponomarenko A.V. Environmental protection // Actual problems of science and practice. – 2017. – P. 97-100.
BUSINESS LAW
Musayeva A. G.
General issues of legal regulation of entrepreneurial activity
The article deals with general issues of legal regulation of one of the main types of professional activity – entrepreneurial activity. In particular, the general features of entrepreneurial activity, its factual and legal components, general issues of registration of both individual entrepreneurs and organizations – legal entities are studied, the content and purpose of licensing activities and certification of products and services are disclosed.
Keywords: legal regulation, professional activity, entrepreneurial activity, licensing, certification, registration, individual entrepreneur, organization, legal entity.
The article bibliographic list
1. The Constitution of the Russian Federation, adopted by popular vote on 12.12.1993 (subject to amendments made by the Laws of the Russian Federation on Amendments to the Constitution of the Russian Federation No. 6-FKZ of 30.12.2008, No. 7-FKZ of 30.12.2008, No. 2-FKZ of 05.02.2014, No. 11-FKZ of 21.07.2014).
2. The Civil Code of the Russian Federation (art. 1-5, 18, 23, 51, 67, Chapters 4-7, etc.)
3. Federal Law “On State Registration of Legal Entities and Individual entrepreneurs” 0t August 8, 2001
4. Federal Law “On the Development of small and medium-sized businesses” dated July 24, 2007
5. Federal Law “On Protection of Competition” dated July 26, 2006
6. Belov V. A. Civil Law in 2 vols. Volume 1. General part: textbook for academic baccalaureate. M., 2017. 451 p.
7. Belov V. A. Civil law in 2 vols. Volume 2. Special part: textbook for academic baccalaureate. M., 2017. 463 p.
8. Bekishieva S. R. Problems of protection of social rights of citizens // Legal Bulletin of DSU. 2017. Vol. 24. No. 4. pp. 20-24.
9. Bekishieva S. R. Problems of legal regulation of socio-economic development of subjects of the North Caucasus Federal District // Law and law. 2011. No. 10. pp. 7-9.
10. Bekishieva S. R. Innovative development of the economy as a functional task of the modern Russian state // Legal Bulletin. 2013. No. 3.
11. Bekishieva S. R., Daudov M. M. State policy in the sphere of attracting foreign investments (legal aspect) // Eurasian Legal Journal. 2016. No. 11 (102). pp. 257-259.
12. Bekishieva S.R. On the question of the social function of the modern Russian state // Law and practice. 2015. No. 1. pp. 85-91.
13. Vlasov A. A. Arbitration process: textbook and workshop for academic bachelor’s degree. — 5th ed., reprint. and additional M., 2017.
14. Efimova O. V. Business law: textbook and workshop for applied bachelor’s degree. M., 2016. 318 p.
15. Law for economists and managers: textbook and workshop for applied bachelor’s degree / A. P. Albov; ed. A. P. Albov, S. V. Nikolyukin. M., 2017. 549 p.
FINANCIAL LAW
Guzenkova O. Yu.
Administrative and legal regulation of auditing activities in the Russian Federation
Audit activity in the Russian Federation is developing rapidly, the management structure of audit activity has expanded, its quality has improved, and the number of services provided accompanying audit activity has increased. In confirmation of the great role of the activity under consideration, a Concept for the development of auditing activities in the Russian Federation until 2024 has been published on the website of the Ministry of Finance of the Russian Federation. Despite the undoubted development of regulation of auditing activities in the Russian Federation, this topic has not lost its relevance, due to the fact that a whole range of problems related to administrative and legal regulation requires improvement. In the article, the author examines the documents regulating audit activities, considers one of the regulatory systems, the administrative responsibility of the auditor and audit organizations.
Keywords: administrative and legal regulation, audit activity, audit, responsibility, standards.
The article bibliographic list
1. The Code of the Russian Federation on Administrative Offenses” dated 30.12.2001 No. 195-FZ (as amended on 20.04.2021). [electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_law_34661/
2. Federal Law “On Auditing Activities” dated 30.12.2008 No. 307-FZ. [Electronic resource].– Access mode: http://www.consultant.ru/document/cons_doc_LAW_83311/
3. Gorodilov M. A. Development of the system of regulatory and legal regulation of auditing activities in the Russian Federation. – M.: Finance and Credit, 2009. – 480 p.
4. Lyn Ya. I. Audit as a special form of state financial control // Economics and Law. – 2013. – Issue No. 7-8. [Electronic resource] — Access mode: http://www.vipstd.ru/nauteh/index.php/–ep13-07/893 .
5. Maksimov Yu. Yu. Audit practice in the public sector and state control // Finance. – 2015. – No. 11. – p. 58.
6. Podolsky V. I., Savin A. A. Audit: textbook for bachelors. – M.: Yurayt, 2013. – 587 p
FINANCIAL LAW
Ismailov M. Ch., Khamenushko I. V.
Some issues of improving the powers of the Accounts Chamber of the Russian Federation
The proposals to improve the powers of the Accounts Chamber of the Russian Federation are substantiated, in particular, to review administrative proceedings on violations identified during inspections, as well as to appeal to the court to recognize the inaction of the heads of the bodies of the object of control, for non-compliance with the requirements and instructions reflected in the submission and prescription illegal and the obligation to eliminate violations.
Keywords: improving the powers of the Accounts Chamber of the Russian Federation, budget control, parliamentary budget control, submission, prescription, notification.
The article bibliographic list
1. Law of the Udmurt Republic of October 10, 2011 No. 51-RZ “On the State Control Committee of the Udmurt Republic” // Izvestiya Udmurt Republic. 2011. 1 Nov.
2. The Law of the Samara region of September 30, 2011 No. 86-GD “On the Accounting Chamber of the Samara region and certain issues of the activities of the control and accounting bodies of municipalities located on the territory of the Samara region” //Volzhskaya Commune. 2011. October 4.
3. Alyokhin A.E. On the problems of legal regulation of the organization and activities of control and accounting bodies of the subjects of the Russian Federation // Financial Law 2017.No. 2.
4. Panchenko V.Yu., Makarchuk I.Yu. Representation as a legal means // Legislation and Economics. 2014. № 6.
5. Ushakov D.N. Explanatory dictionary. 1935-1940. [electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/ushakov/1062406
6. Yankevich S.V. The Accounts Chamber of the Russian Federation and the legislative reform of external state financial control // Financial law. 2014. № 9.
FINANCIAL LAW
Ovchinnikova L. I.
On the issue of improving the management of public finances in Russia
The article discusses the functional elements of financial management, such as operational management, financial planning and forecasting, financial control and their role in the effective use of financial resources.
The problematic aspects of state financial control, financial forecasting, budget planning are considered and ways to solve them are proposed. The analysis of the tendency to reduce the level of execution of federal budget expenditures and the formation of federal budget revenues is carried out.
Keywords: financial management, financial control, financial planning, forecasting, federal budget, income, expenses.
The article bibliographic list
1. 50 questions about initiative budgeting: a textbook / V. V. Vagin, K. V. Pominova, and co-author – M.: Filin, 2018. – 86 p.
2. Open Budget Survey [Electronic resource] — Access mode: https://www.internationalbudget.org/openbudget-survey — (accessed 12.03.2021).
3. Official website of the Treasury of Russia (Federal Treasury). [electronic resource]. —Access mode: http://www.roskazna.ru/ispolneniebyudzhetov/federalnyj-byudzhet / — (date of request:12.03.2021).
4. Official website of the Ministry of Finance of the Russian Federation. [electronic resource]. — Access mode: https://www.minfin.ru / — (accessed 12.03.2021).
5. Official website of the Accounts Chamber of the Russian Federation. [electronic resource]. – Access mode:http://audit.gov.ru / — (date of appeal: 12.03.2021).
6. Decree of the Government of the Russian Federation No.117-r dated 31.01.2019 “On approval of the Concept of improving the efficiency of budget expenditures in 2019-2024” // ConsultantPlus. Information legal search engine. [electronic resource]. —Access mode: http://www.consultant.ru — (date of reference: 12.03.2021).
7. Management of state and municipal finances: textbook / N. D. Shimshirt, N. V. Krashennikova. – M.: Alfa-M: INFRA-M, 2014. – 352 p.
8. Finance. (Bachelor’s degree). Textbook: textbook / E.V. Markina et al. — M.: KnoRus, 2019. — 424 p.
FINANCIAL LAW
Juan S.
Legal directions of development of monetary systems of Russia and China
Planning and implementing the development of the monetary system, which is a historically established and legislatively fixed monetary circulation structure, is a difficult task for any country due to the complexity of the monetary system itself, as well as various approaches to its reform.
In the context of this article, the author analyzes the legal directions of the development of monetary systems of two strategic partners in economic activity – Russia and China in order to identify common and special features in the direction of the development of their monetary systems, as well as to identify which country’s approach in terms of the legal policy of monetary circulation is more focused on the constantly changing trends in the field of monetary circulation in the context of global digitalization of the prevailing part of public relations, accompanied by a decrease in the amount of cash in circulation and the strengthening of the role of electronic and digital money.
Keywords: monetary system, cryptocurrency, electronic money, cash, legal regulation, legal policy, reform of the monetary system.
The article bibliographic list
1. Aknazarov T. Yu., Baretdinov I. A. Cryptocurrency as an improved payment in modern technology // Economy and society. – 2017. – No. 1-1.– pp. 50-53.
2. Arzumanova L. L. The concept and elements of the monetary system: financial and legal aspect // Gaps in Russian legislation. – 2012. – No. 3. – pp. 250-256.
3. Beresneva A. S. MIR card as a tool for the development of the national payment system of the Russian Federation // Modern scientific research and innovation. – 2016.– No. 6. – pp. 388-391.
4. Gudkova M. V. On the issue of financial and legal regulation of the monetary system of the Russian Federation // Bulletin of the SSU. – 2019. – № 1 (126). – P.236–243.
5. Zozulya V. V., Goryunova I. S. Prospects for the development of the Russian monetary system in modern conditions // Finance and credit. – 2018. – № 10 (778). – Pp.2225–2238.
6. Lunts L. A. Money and monetary obligations: legal research. – M.: Financial Publishing house of the NKF of the USSR, 1927. – 343 p.
7. Morozova E. A., Bystryakov A. Ya., Akhmedov F. N. The national payment system of Russia: problems and prospects. – Moscow: Prospect, 2017. – 160 p.
8. Savinsky S. P. Cryptocurrencies and their regulatory and legal regulation in China. From foreign experience // Money and credit. – 2017. – No. 7. – pp. 65-78.
9. Xiaochuan Ch. Monetary policy, financial system reform and sustainable economic growth in China // Money and Credit. – 2003. – No. 7. – pp. 23-26.
10. Fedorinova E. A. Priority directions of the legal policy of the modern Russian state // Leningrad Law Journal. – 2016.– № 1 (43). – Pp. 78-84.
11. Bulletin del’ECONOMIE et des Finances. – 1974. – No. 64.– PP. 55-68.
TAX LAW
Zasovenko G. V.
Digitalization of tax administration: the impact of digital transformation on tax reporting
The article analyzes issues related to the digitalization of tax administration. Particular attention is paid to the impact of digital transformation on the provision of tax reporting. The author identifies the features and problems of the transition to the electronic format of tax reporting. Foreign experience in the aspect of the designated topic is also taken into account. In conclusion, measures to solve the identified problems and author’s recommendations are proposed.
Keywords: digitalization, tax relations, digital transformation, tax reporting, tax administration.
The article bibliographic list
1. The Civil Code of the Russian Federation (part one) of 30.11.1994 No. 51-FZ (ed. of 09.03.2021) // Collection of Legislation of the Russian Federation. – 1994. – No. 32. – Article 3301.
2. Tax Code of the Russian Federation (Part one) of 31.07.1998 No. 146-FZ (ed. of 17.02.2021) //Collection of legislation of the Russian Federation. – 1998. – No. 31. – Article 3824.
3. Basnukaev M. Sh., Bisultanov A. N., Khadzhieva H. H.Prospects for the development of tax administration institutions in the context of digitalization of the economy, taking into account the experience of foreign countries // Bulletin of the Academy of Knowledge. – 2020. – № 4 (39). – Pp. 399-402.
4. Orlova E. Yu. Problems arising during interaction via telecommunication channels and ways to solve them // In the collection: Control and supervisory activities of tax authorities in the context of the development of the digital economy. Materials of the scientific and practical conference. – 2020. – pp. 218-221.
CRIMINAL LAW
Abukarova M. U.
Methods and forms of countering corruption in Russia and in the world: a retrospective analysis and modern assessment
In this article, a brief comparative analysis of the nature of corruption in Russia and abroad. The approaches to the consideration of the concept of “corruption” are presented in order to fully disclose its essence (social, political, economic, functional). The stages of corruption development are revealed, where the key issues of opposition to it are traced.
Keywords: corruption, development, region, retrospective analysis, legislation, civil society.
Bibliographic list of the relevant articles
1. Skoblikov P.A. Actual problems of the fight against corruption and organized crime in modern Russia. M.: Norm: INFRA – M, 2019.
2. Khabrieva T.Ya., Tiunov O.I., Kashepov V.I., etc. Legal mechanisms for the implementation of anti-corruption conventions: monograph. M., 2012.
3. Butler U. Legal mechanisms for combating corruption in public and private spheres: the experience of the USA and the UK // Materials of the First Eurasian Anti-Corruption Forum and the VII International School-Workshop of Young Legal Scholars.
4. Khabrieva T.Ya. Corruption: nature, manifestations, counteraction. M.: Publishing HOUSE “Jurisprudence, 2012.
CRIMINAL LAW
Aliyev H. K., Magomedova M. M., Marianov A. A.
Problems in choosing a preventive measure in the form of a subscription not to leave and proper behavior to suspects (accused)
A preventive measure in the form of a subscription not to leave is considered as a means of restricting the rights and freedoms of the suspect, the accused. The issues of the relationship between the applied preventive measure and the nature of the testimony given by the accused, the suspect are touched upon. The paper suggests the need to prevent unauthorized departure of persons in respect of whom a subscription not to leave has been applied. The issues of imposing a monetary penalty on the violator of the subscription are touched upon.
Keywords: criminal procedure, preventive measure, subscription not to leave, restrictions on rights and freedoms, subscription terms, turnout for registration.
Bibliographic list of the relevant articles
1. Vershinina S. I. On improving the institution of preventive measures provided for by Chapter 13 of the Code of Criminal Procedure of the Russian Federation // Journal of Russian Law. – 2017. – No. 6. – pp. 115-125.
2. Narbikova N. G. Preventive measures related to the restriction of freedom: Abstract of the dissertation. …cand. jurid. sciences’. – Chelyabinsk, 2005.
3. On the right of citizens of the Russian Federation to freedom of Movement, choice of place of Stay and Residence within the Russian Federation: RF Law No. 5242-1 of June 25, 1993 (ed. of December 28, 2013) // Rossiyskaya Gazeta. – 1993. – No. 152.
CRIMINAL LAW
Golyandin N. P., Sheriev A.M., Lysenko M. B.
Countering the use of digital currency (cryptocurrency) in illegal actions in the conditions of the North Caucasus region
The publication discusses the issues of countering the misuse of digital currency (cryptocurrency) and its mining on the territory of the North Caucasus Federal District. Based on the analysis of law enforcement activities, the authors make proposals to improve organizational and legal measures to combat these types of offenses.
Keywords: digital currency, mining, law enforcement, North Caucasus, theft, electrical resources.
The article bibliographic list
1. Federal Law No. 259-FZ of 31.07.2020 “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation” // Official Network Resources of the President of Russia. [electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/45766/page/1 .
2. Dolgieva M. M. Cryptocurrency drug trafficking in Russia and abroad // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 4. – pp. 177-182.
3. Dubinin A. Navalny keeps secret the true scale of FBK financing. [electronic resource]. – Access mode: https://politros.com/156060-navalnyi-derzhit-v-sekrete-istinnye-masshtabyfinansirovaniya-fbk .
4. Leusenko A. What is Cryptocurrency Mining 2020:Why it is needed. [electronic resource]. – Access mode: https://altcoinlog.com/chto-takoe-mainingcryptocurrency .
5. Maksurov A. A. The general concept of mining as an economic and legal technology // Law and Economics. – 2018. – No. 3. – pp. 41-46.
CRIMINAL LAW
Guzeeva O. S.
On the question of the inadmissibility of punishment outside of criminal responsibility
The legal restrictions that the State applies to a person who has committed a crime are objectively not limited only to criminal punishment. Along with it, in the legal space there is a wide range of restrictions established in other branches of law: housing, family, electoral, etc. In this regard, a natural question arises about the correlation of these legal restrictions with those that constitute the content of criminal punishment. Based on the analysis of the decisions of the Constitutional Court of the Russian Federation, the article reveals the criteria for the admissibility of the construction of such restrictions and their limits. It is proved that only those restrictions that are beyond the limits of criminal responsibility, which require individualized decisions by law enforcement agencies for their implementation, as well as security measures that are provided for by law, although in a general manner, but with the indispensable observance of the requirements of differentiation of legal impact, can be recognized as constitutionally legitimate.
Keywords: constitutionalization of criminal law, restriction of human rights and freedoms, punishment, criminal punishment, legal consequences of committing a crime.
CRIMINAL LAW
Kushkhov R. H., Surtsev A.V.
Criminal and legal characteristics of involvement of a minor in the commission of a crime
The content of the article examines the features of the criminal-legal characteristics of the involvement of a minor in the commission of criminal acts, as a factor that has a destructive effect on the formation of a personality. The authors of the article claim that the relevance and significance of the research topic is due to the high level of public danger of crimes against the family and minors, moreover, not only for the teenager, but also for the whole society. During the analytical study, official legal sources were used, as well as manuals and works on the study of the corpus delicti against minors in domestic criminal law. The article presents an analysis of each of the signs of the corpus delicti as factors of destructive impact on the younger generation.
Keywords: criminal-legal characteristics, crime, composition, minor, commission, legal responsibility, destructive impact.
The article bibliographic list
1. The Constitution of the Russian Federation: adopted by popular vote on 12.12.1993 // Collection of Legislation of the Russian Federation. – 02.07.2020. – No. 1. – Article 4398.
2. Karzhanova N. V., Kuznetsova Yu. A., Prusakova D. A., Sidorova E. E. Approaches to the analysis of tools for evaluating the activities of the teaching staff in the aspect of implementing the personnel policy of departments of higher educational institutions // Economic sciences. 2019. No. 180. pp. 46-50.
3. Criminal Code of the Russian Federation No. 64 FZ of June 13, 1996 (ed. of 02/24/2021) // SZ RF. -1996. – No. 25. – St. 2954.
4. Biryukova V. S., Kartashov I. I. Features of objective signs of involvement of a minor in the commission of a crime // Kronos. Right.- 2020. – № 5 (43). – Pp. 55-58.
5. Borovikov V. B., Smerdov A. A. Criminal law. Special part: textbook for universities / Edited by V. B. Borovikov. – 5th ed., reprint. and additional – M.: Yurayt Publishing House, 2019. – 453 p.
CRIMINAL LAW
Koval M. I.
Aspects of the application of certain terminology in criminal and penal enforcement legislation
The article examines the role and meaning of some terms used in criminal and penal enforcement legislation. The ratio of punishment, punishment, correction of convicts is analyzed. Attention is drawn to the approaches developed by practice to the process of correction of convicts in places of deprivation of liberty, applied to them by expert assessments. The effectiveness of the assessment of the degree of correction itself is investigated in the evolutionary development.
Keywords: punishment, punishment, correction, convict, penal enforcement legislation, correctional institutions, Federal Penitentiary Service (FSIN).
The article bibliographic list
1. The Criminal Code of the Russian Federation of 13.06.1996 3 63-FZ (ed. of 24.02.2021). // Collection of legislation of the Russian Federation. – 17.06.1996. – No. 25. – Article 2954.
2. The Criminal Executive Code of the Russian Federation of 08.01.1997 No. 1-FZ (ed. of 11/23/2020, with amendments. from 12/28/2020) (with amendments and additions, intro. effective from 17.01.2021). // Collection of legislation of the Russian Federation. – 13.01.1997. – No. 2. – Article 198.
3. Koni A. F. Legal views of A. F. Koni. Collected works in 8 volumes. Volume 4. – M., 1967. – p.33.
4. Materials of the Interuniversity scientific and practical conference “Actual problems of organizing the activities of bodies and institutions of the penal system in the conditions of development”. – Ryazan. Academy of the Federal Penitentiary Service of Russia, 12.02.2021.
5. Ozhegov S. I. Dictionary of the Russian language. – M.: Rus. yaz., 1989.
CRIMINAL LAW
Kodzokov B. V.
Problems of distinguishing extortion from other types of theft of other people’s property
Extortion as a type of theft is one of the most latent and socially dangerous acts along with robbery and other types of violent acts.
The public danger of extortion lies in the fact that citizens who have suffered from this kind of crime often do not apply to law enforcement agencies for protection of their rights, which leads to the continuation of repeated crimes committed against the same citizen and arbitrariness on the part of criminal elements.
The result of extortion is not only causing property damage, but also encroachment on the life, health, dignity of the individual. In this regard, there is an encroachment on several protected objects of public relations, which makes it possible to attribute extortion to a group of dangerous crimes, and the legislation establishes increased responsibility for its commission, compared with other property crimes.
In the article, the author identifies some problematic positions in distinguishing extortion from other types of theft.
Keywords: extortion, group of persons by prior agreement, public danger.
The article bibliographic list
1. Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996 // Collection of Legislation of the Russian Federation of June 17, 1996 – No. 25. – Article 2954. – Article. 241-242, 243-244, 245, 264.1.
2. Karzhanova N. V., Kuznetsova Yu. A., Prusakova D. A., Sidorova E. E. Approaches to the analysis of tools for evaluating the activities of the teaching staff in the aspect of the implementation of the personnel policy of departments of higher educational institutions // Economic sciences. 2019. No. 180. pp. 46-50.
3. Karapetyan M. E., Pronina I. V., Timoshenko L. P.,Prusakova D. A. Ethical dilemma in an investment banking// Innovation & Investment. 2020. No. 5. pp. 161-164.
4. Moskvina M. A. Complex issues of distinguishing extortion from related crimes. —Text: direct // Young scientist. – 2019.- № 42 (280). – Pp. 100-102. [electronic resource]. – Access mode: https://moluch.ru/archive/280/63126 / (date
of reference: 03/23/2021).
5. The survey of employees of the Ministry of Internal Affairs of the Russian Federation was conducted by the author of the article Kodzokov Beslan Valeryevich.
6. Shamaev A.M. Propaganda of charity in the Islamic environment as a preventive measure in countering the spread of religious extremism in the North Caucasus // Black holes in Russian legislation. – 2016. – No. 2. – pp. 122-124.
7. Shamaev A.M. Law enforcement aspects related to the qualification of fraudulent actions //Gaps in Russian legislation. – 2020. – Vol. 13.- No. 3. – pp. 201-203.
8. Shkhagapsoev Z. L., Kardanov R. R. Information and analytical support for the disclosure and investigation of crimes // Forensic examination. – 2014.- № 1 (37). – Pp. 84-91.
CRIMINAL LAW
Kushkhov R. H., Tolgurova Z. H.
Problems of crime prevention in the field of illicit drug trafficking
The authors systematize the material of the article, talk about the importance and relevance of the topic of the problems of crime prevention in the field of illicit drug trafficking for the theory of criminology and practical application by law enforcement and security agencies. The article examines the existing problems of crime prevention in this area through the prism of economic and social orientation and suggests ways to optimize the work of law enforcement agencies.
The result of the presented work indicates the need for interaction of state authorities with other structures and institutions to solve the problems of preventing crimes in the field of illicit drug trafficking, their disclosure and investigation.
Keywords: crime, prevention problems, illicit drug trafficking, ways of optimization, criminology, drug addiction.
The article bibliographic list
1. The Criminal Code of the Russian Federation No. 63-FZ of 13.06.1996 (as amended on 01.02.2021).
2. Grinenko K. M. Drug trafficking and national security. – Kiev, 2004.
3. Grinko S. D. The state of crime in the field of drug trafficking and its prevention// Bulletin of Law and Law. – 2020. – No. 1. – p. 85.
4. Dikarev V. G., Olympiev A. Yu. On the issue of countering the contactless method of selling drugs via the Internet // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – No. 8. – pp. 147-152.
5. Criminology: Textbook for universities / edited by prof. V. D. Malkov – 27th ed., reprint. and additional – M.: CJSC”Justicinform”, 2006. – 528 p.
6. Savelyeva O. Y. Criminology: studies.- method. stipend. -Togliatti: Publishing House of TSU, 2019. – 236 p.
CRIMINAL LAW
Ilijev A. A.
On some issues of determining the essence of the contractor and co-executor under the Criminal Code of the Russian Federation
The article examines the legal nature of the executor and co-executor, their essence and content, analyzes various views in the theory of criminal law regarding the essence of the executor, including the interpretation of the direct commission of a crime. The necessity of making additions to the Criminal Code of the Russian Federation aimed at specifying the responsibility of the perpetrator of the crime is substantiated.
Keywords: direct commission, co-executor, participation in the crime, objective side, performer, complicity.
The article bibliographic list
1. Arutyunov A. A. Complicity in crime. – M.: Status, 2013. – 408 p
. 2. Blagov E. V. Thirty-five years of service to Athena: collection of articles and theses. – M.: Prospect, 2017. – 288 p.
3. Dyadkin D. S. Improvement of the criminal law institute of complicity in a crime: dis. …cand. jurid. sciences. – M., 2002. – 231 p.
4. Zatsepin A.M. Additional qualification of the crime: general and special questions: monograph. – M.: Prospect, 2016. – 303 p.
5. Kozlov A. P. Complicity: traditions and reality. -St. Petersburg: Law Center Press, 2001. – 362 p.
6. Pitetsky V. V. Types of the perpetrator of the crime //Russian justice. 2009. – No. 5. – pp. 19-22.
7. Saveliev D. V. Criminal group: issues of criminal law interpretation and responsibility: monograph. – Yekaterinburg, 2002. – 90 p.
8. Sablina M. A. The perpetrator of the crime at the Institute of complicity: abstract. dis. …cand. jurid. sciences. -M., 2016. – 27 p.
9. Telnov P. F. Responsibility for complicity in a crime. – M.: Legal lit., 1974. – 208 p.
10. Usov V. G. The concept and responsibility of the perpetrator of the crime: abstract. dis. … cand. jurid. sciences’. -Ryazan, 2006. – 25 p.
11. Tsvirenko O. L. The perpetrator of the crime as a kind of accomplice under the criminal law of the Russian Federation: abstract. dis. … cand. jurid. sciences’. – Yekaterinburg, 2005. – 23 p.
CRIMINAL LAW
Ibragimov M. A., Abdulmutalimova Z. M.
Problems of prevention of theft among minors
The article is devoted to issues related to the problems of theft prevention among minors. The meaning of the concept of “theft” is also revealed. This article discusses issues related to the prevention of theft among minors. In conclusion, some preventive measures aimed at preventing the commission of a crime by a minor are presented.
Keywords: theft, juvenile delinquency, prevention, offenses, deviant behavior, crime prevention.
The article bibliographic list
1. The Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996 (with amendments dated July 23, 2013) // Collection of Legislation of the Russian Federation. – 1996. – No. 25. – Article 2954.
2. Federal Law of the Russian Federation No. 120-FZ of 24.06.1999 “On the basics of the system of prevention of neglect and juvenile delinquency”.
3. Voroshilova O. N., Voroshilova D. M. Problems of juvenile delinquency // Successes of modern Science. – 2017. – Vol. 5. – No. 10. – pp. 96-97.
4. Demidova-Petrova E. V. On juvenile delinquency and its features // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – No. 14.– pp. 30-36.
5. Mironov V. O. Prevention of juvenile delinquency // New University. – 2017. – № 5-6. –pp. 39-40.
6. The role of internal affairs bodies in preventing repeated juvenile delinquency: Express information. – Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2017.
7. Statistics and Analytics of the Ministry of Internal Affairs of the Russian Federation. Statistical data on the state of crime in January – October 2020.
8. Criminal law of Russia. The general part. Textbook / Ed. Krukovsky V. E., Chuchaeva A. I. – M.: Prospect, 2020.
9. Criminal law of Russia. General part: Tutorial / Edited by V. P. Revin. – M.: Justicinform, 2016.
10. Criminal law of Russia. General part: Tutorial / Edited by F. R. Sundurov, I. A. Tarkhanov. – 2nd ed., reprint. and add. – M.: Statute, 2016.
CRIMINAL LAW
Knyazeva O. V.
Criminal-legal aspect in the field of establishing the statute of limitations for committing crimes
The existence and functioning of the institution of “limitation periods” carries a powerful preventive factor that refrains the criminal from committing a new socially dangerous act, contributing to its correction. Based on the research of this topic, the author obtained a comparative characteristic of the institution of the “statute of limitations”, enshrined in Russian criminal legislation and in foreign legislation, where fairer conditions are fixed, corresponding to the importance of the institution in question.
Keywords: punishment, criminal law, public danger, statute of limitations,
criminal legal ideology.
The article bibliographic list
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of October 10, 2003 No. 5 “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation” // Byul. The Supreme Court of the Russian Federation. – 2003. – No. 12.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 No. 7 “On judicial practice in cases of juvenile crimes” // Byul. The Supreme Court of the Russian Federation. – 2000. – № 4.
3. Resolution of the Presidium of the Supreme Court of the Russian Federation of October 13, 2004 No. 313p 2004.
4. A large explanatory dictionary of the Russian language / Edited by S. A. Kuznetsov. – St. Petersburg, 1998.
5. The Great Explanatory Dictionary of the Russian language / Edited by D. N. Ushakov. – M., 2000.
6. Vedomosti of the Supreme Soviet of the USSR. – 1971. – No. 2.– Article 18.
7. Course of Soviet Criminal Law: Part General / Ed. N. A. Belyaev, D. A. Shargorodsky L., 1968.
8. Ozhegov S. I. Explanatory Dictionary of the Russian language. – M., 1984.
9. Russian Legal Encyclopedia / Edited by A. Ya Sukharev. – M., 1999.
CRIMINAL LAW
Kuzmin S. S.
Obstruction as a form of socially dangerous behavior: concept, signs, system of crimes (problem statement)
The author, seeing the lack of elaboration of the topic, analyzes on a generalizing level obstruction as a form of socially dangerous behavior aimed at countering socially useful activities and the realization of human and civil rights and freedoms. In accordance with this, the article reflects the historical aspect of the topic, the concept of obstruction is formulated and its substantive features are highlighted, the system of these crimes is reflected, and the main directions of further research of the problem under consideration are determined.
Keywords: criminal legislation, obstruction, counteraction, the subject of obstruction, the system of crimes related to obstruction.
Article – by – article bibliographic list
1. Kruglikov L. L., Smirnova L. E. Unification in criminal law. – St. Petersburg: Publishing house of R. Aslanov “Law Center Press”, 2008. – 312 p.
2. Ozhegov S. I. Dictionary of the Russian language. 18th ed. – Moscow: Rus. yaz., 1987. – 797 p.
3. Dictionary of synonyms of the Russian language / OR RAS; Edited by A. P. Evgenieva. – Vol. 2. – M.: LLC “Astrel Publishing House”, LLC “Ast Publishing House”, 2001. – 680 p.
CRIMINAL LAW
Latypova D. M., Isaeva M. A.
Features of the qualification of mass riots when involving minors in the commission of a crime
The article is devoted to the analysis of the legislative regulation of crimes against public safety and public order – mass riots and crimes against the family and minors – involvement of minors in the commission of crimes. The features of the qualification of these compositions in their totality are considered, as well as the exclusion of the possibility of criminal prosecution due to the legislative regulation of norms and the specifics of the subject composition.
Keywords: public safety, public order, mass riots, minor, involvement in a crime, qualification of crimes, criminal liability, delineation of related compounds, a set of crimes.
The article bibliographic list:
1. Morozov A. Problems of interpretation and application of Article 150 of the Criminal Code of the Russian Federation // Criminal Law. – 2013. – No. 1. – pp.54-59.
2. Official website of the Judicial Department at the Supreme Court of the Russian Federation. [electronic resource]. – Access mode: http://www.cdep.ru / (accessed 12.04.2021).
3. Especially dangerous children. [electronic resource]. – Access mode: https://rg.ru/2020/04/20/genprokuraturasoobshchila-o-roste-podrostkovoj-prestupnosti-v-strane.html (date of circulation: 02/25/2020).
4. Rossiyskaya Gazeta. [electronic resource]. – Access mode: https://rg.ru/2020/06/01/za-prizyvy-detej-kbesporiadkam-na-ulice-mozhet-grozit-do-10-let-tiurmy.html (accessed: 04/13/2021).
5. Shchetinina N. V. Features of subjective signs of involvement of a minor in the commission of a crime or antisocial actions //Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – pp. 65-67.
CRIMINAL LAW
Mursalimov A. T., Melnikova A. S.
On the issue of creating an electronic criminal case
This article discusses the key issues of the possibility of transition to the creation of electronic criminal cases and the implementation of criminal proceedings in a new aspect using the achievements of science and technology. During the research, the methodology of questioning officials and the analysis of existing scientific articles were used.
The results of the study were the promotion of the author’s position of the scheme of preliminary investigation, concluded on the principles of workplace automation in order to effectively counter crime.
Keywords: crime, remote technologies, automated workplace, criminal proceedings, preliminary investigation, electronic criminal case
The article bibliographic list
1. Criminal Procedure Code of the Russian Federation No. 174–FZ of December 18, 2001 // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http:// www.pravo.gov.ru (accessed: 03/19/2021).
2. On conducting an experiment to establish special regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the subject of the Russian Federation – the federal city of Moscow and amendments to Articles 6 and 10 of the Federal Law “On Personal Data”: Federal Law No. 123-FZ of 04/24/2020 // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http:// www.pravo.gov.ru (accessed: 03/19/2021).
3. On the development of artificial intelligence in the Russian Federation dated October 10, 2019 No. 9: Decree of the President of the Russian Federation (together with the “National Strategy for the Development of artificial Intelligence for the period up to 2030” // Official Internet Portal of legal Information.- [Electronic resource]. – Access mode: http:// www.pravo.gov.ru (accessed: 03/19/2021).
4. Zazulin A. I. Legal and methodological foundations of the use of digital information in proving a criminal case. The topic of the dissertation and abstract on the Higher Attestation Commission of the Russian Federation, 12.00.09. – [Electronic resource]. – Access mode: https://www.dissercat.com (date of application:19.03.2021).
5. Kulikov V. It is proposed to allow the investigation to conduct interrogations of witnesses under video // Rossiyskaya Gazeta – Federal Issue No. 246 (8300) dated October 29, 2020.
6. Okonenko R. I. “Electronic evidence” and the problems of ensuring the rights of citizens to protect privacy in criminal proceedings: comparative analysis of the legislation of the United States of America and the Russian Federation. The topic of the dissertation and abstract on the Higher Attestation Commission of the Russian Federation, 12.00.09. – [Electronic resource].– Access mode: https://www.dissercat.com (date of application: 03/19/2021).
CRIMINAL LAW
Magomedova B. A., Radzhabov Sh. R.
Problems of legal regulation of criminal prosecution for violations of traffic rules and operation of vehicles
The article discusses the issues of legal regulation that attract a person who has violated traffic rules to criminal liability under Article 264 of the Criminal Code of the Russian Federation. Based on the results of our analysis, we came to the conclusion that Article 264 of the Criminal Code of the Russian Federation needs further development in certain areas. In this article, we have considered some of the problems faced by bringing people to justice under article 264 of the Criminal Code of the Russian Federation, which has become the subject of criminal proceedings. These include, for example, issues related to crime and related subjects. Moreover, in the process of rehabilitating the behavior of people who violate the rules of self-defense when operating a vehicle, there is no such difficulty.
Keywords: transport safety, legal regulation, traffic rules, operation of vehicles, qualification of vehicles.
The article bibliographic list
1. The Criminal Code of the Russian Federation No. 63-FZ of 13.06.1996 (as amended on 28.04.2015) // SPS Consultant plus.
2. Federal Law No. 196-FZ of December 10, 1995 “On Road Safety”, [Electronic resource] //
3. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.12.2008 No. 25 (ed. dated 24.05.2016) “On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their unlawful seizure without the purpose of theft”.[Electronic resource] // SPS “ConsultantPlus”.
4. Bulletin of the Supreme Court of the Russian Federation. 1997. No. 10. p. 10.
5. Bulletin of the Supreme Soviet of the RSFSR. 1980. No. 1. p. 15-16
6. Golubovsky V. Yu. Criminal law of Russia. General and Special parts. Textbook. M.: Prospect. 2020. pp.178-183.
7. Zubenko E. V. Methods of investigation of traffic crimes involving the abandonment of victims in danger. M.: Yurlitin-form, 2017.
8. Korobeev A. I. Transport crimes and transport crime. M., 2015.
9. Korobeev A. I., Chuchaev A. I. Transport crimes: new steps of the legislator and the Constitutional Court of the Russian Federation // Criminal law. 2018. No. 4. p. 45.
10. Rules of the road. Moscow, 2007.
11. Criminal law of Russia. The general part. Textbook /ed. Nepomnyashchaya T. V., Grinberg Mikhail Semenovich M.: Prospect. 2018.
CRIMINAL LAW
Rastoropov S. V., Gorshkova N. A.
The effectiveness of punishment and its individual types: some results of 2020
The article summarizes the trends in the law enforcement activity of the courts of general jurisdiction of the Russian Federation on sentencing for repeated crimes committed in 2020. The article presents an assessment of the effectiveness of criminal punishment in general, as well as its individual types – imprisonment and forced labor. In addition, the publication outlines a draft calculation of the coefficient of effectiveness of punishment, some conclusions are made about the quantitative indicators of the effectiveness of punishment in the Russian Federation.
Keywords: punishment, efficiency coefficient of punishment, practical penalization, repeated crimes, recidivism, imprisonment, forced labor.
The article bibliographic list
1. Akutaev, R. M. As evidenced by the statistics of the use of punishments / R. M. Akutaev // Russian Justice. – 2020. – No. 8. – pp. 43-45.
2. Gorshkova N. A. Sentencing for violent crimes against health committed in correctional institutions: experience and issues of improvement: dis. … cand. legal sciences: 12.00.08 / Natalia Andreevna Gorshkova; [Place of protection: Un-t Prosecutor’s Office of the Russian Federation]. – Moscow, 2017.- 266 p.
3. On the results of the activities of correctional centers in 2020: the official letter of the Federal Penitentiary Service of Russia dated March 19, 2021 // The document was not officially published.
4. The official website of the Ministry of Internal Affairs of Russia. Brief description of the state of crime in the Russian Federation for January – December 2020. [electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/21244698 / (accessed: 27.04.2021).
5. Official website of the Federal Penitentiary Service of Russia. Brief description of the penal enforcement system of the Russian Federation. [Electronic resource].– Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS /(accessed: 04/28/2021).
6. Rastoropov S. V. The system of legal restrictions provided for by criminal punishment in the form of forced labor, determining its legal essence / S. V. Rastoropov, A. S. Ulyanov //Bulletin of the Samara Law Institute. -2020. – № 5 (41). – Pp. 65-70.
7. Judicial Department at the Supreme Court of the Russian Federation. Official website. Report on the characteristics of the crime, its recidivism and repetition by the number of convicts for all elements of crimes of the Criminal Code of the Russian Federation for 12 months 2020 (Form No. 11.2). [Electronic resource]. – Access mode: http://www .
cdep.ru/index.php?id=79&item=5669 (date of appeal: 04/28/2021).
8. Judicial Department at the Supreme Court of the Russian Federation. Official website. Report on the number of persons brought to criminal responsibility and types of criminal punishment for 12 months 2020 (Form 10.1). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of application: 04/28/2021).
CRIMINAL LAW
Romanova N. L., Tatarnikov V. G.,
Nikitin Yu. P., Kalandarishvili H. A.
On improving the norms on responsibility for crimes against health related to violation of special rules
The article deals with the problems associated with the establishment of criminal liability for crimes against health related to the violation of special rules. It is noted that at the same time, the legislator often does not differentiate responsibility depending on the nature of the consequences and their severity. Therefore, it is necessary to differentiate responsibility for the violation of special rules that led to the occurrence of harm to health and for the violation that did not lead to the occurrence of such harm, but only created a threat of it.
Keywords: crimes against health, special rules, nature and degree of public danger, sanction, punishment.
The article bibliographic list
1. Astman K. E. Characterization of the personality of the subject of a criminal violation of safety rules during construction work // Bulletin of Modern Research. – 2018. – № 7.2 (22). – Pp. 304-305.
2. Kolokolov A.V. Questions of criminal liability for violation of sanitary and epidemiological rules in the conditions of the spread of coronavirus infection (COVID-19) // Investigation of crimes: problems and ways to solve them. -2020. – No. 2 (28). pp. 57-63.
3. Koltsov M. I. On the issue of the problems of punishability for committing environmental crimes// Actual problems of the state and law. -2020. – Vol. 4. – No. 15. – pp. 348-355.
4. Kursaev A.V. The norm providing for liability for violation of safety rules of mining, construction and other works: technical and legal design // Law: history and modernity. – 2019. – No. 1. – pp. 28-43.
5. Pantyukhina I. V. Features of legislative constructions of environmental crimes // Actual issues of combating crimes. -2020. No. 2. – pp. 4-8.
6. Pichugin S. A., Tarakanov I. A. Specifics of criminal liability for violation of sanitary and epidemiological rules in the conditions of the spread of a new coronavirus infection// Bulletin of the Vladimir Law Institute. – 2020. – № 4 (57). – Pp. 107-111.
7. Tatarnikov V. G. Criminal and legal protection of personality. – Irkutsk: ed. Irkutsk State Technical University, 2007– – 172 p.
8. Tatarnikov V. G., Nikitin Yu. P. The system of crimes against the person and the problems of its improvement // Prologue: Law Journal /Prologue: Law Journal. – 2020. – No. 3. – p. 27.
CRIMINAL LAW
Tlupova A.V., Karchaeva K. A.
On the issue of the application of Article 210.1 of the Criminal Code of the Russian Federation
The percentage of crimes committed as part of organized groups, criminal formations, among the total mass of crimes, is not so great. However, we must not forget that, despite this, this type of crime is characterized by a high degree of public danger, since most of the acts of terrorist and extremist orientation, as well as cybercrimes are committed precisely as part of organized groups and criminal formations. This explains the legislator’s increase in responsibility for committing crimes as part of criminal formations and the introduction of responsibility for occupying the highest level in the criminal hierarchy into the Criminal Code of the Russian Federation.
Keywords: criminal community, organized crime, hierarchy, criminal formations, higher position, organized groups, criminal hierarchy.
The article bibliographic list
1. The Criminal Code of the Russian Federation No. 63-FZ of July 13, 1996 (as amended. No. 543-FZ dated December 30, 2020) // Rossiyskaya Gazeta – 1996 – June 18.
2. Grinko S. D. The state of organized crime in Russia // Law and Law. – 2019. – No. 11. – pp. 88-89.
3. Gesterov P. V. The concept of criminal repression in the emerging digital society // Criminal law: development strategy in the XXI century. – M, 2019. – pp. 46-50.
4. Oboladze M. P. The state and trends of organized crime in the Russian Federation //A young scientist. – 2020. – № 21 (311). – Pp. 340-342.
5. Crime indicators in Russia. [electronic resource]. – Access mode: http://crimestat.ru/offenses_table (accessed: 12.02.2021).
6. Yarovova T. V. Spiritual and moral education in the formation of students’ personality // Education and society. 2015. No. 2 (91). pp. 12-15.
CRIMINAL LAW
Abdulmutalimova Z. M., Serkerov S. E.
Causes of juvenile delinquency
This article reveals the reasons for the commission of an offense by minors, that is, what pushes certain categories of persons to violate the law and what causes it, as well as the reasons for criminalization by way of their homeless or neglected existence, the problems of criminalization of minors originating from family (child-parent) relationships.
Keywords: crime, offense, minors, legal relations, society, society, responsibility, family relations, neglect, homelessness.
The article bibliographic list
1. Makarenko I. A. Criminalistic teaching about the identity of a minor accused: auto-ref. dis. Doctor of Legal Sciences. – Saratov, 2006.
2. Malein N. S. Offense: concept, causes, responsibility – M.: Legal Literature, 1985.
3. Why people become murderers. – [Electronic resource]. – Access mode: www.lipetsk .
CRIMINAL LAW
Osadchaya N. G., Novikova D. D.
Exemption from criminal liability arising from immunity in relation to a limited range of subjects of crimes
The article examines the features of exemption from criminal liability arising from immunity in relation to a limited range of subjects of crimes. The authors pay special attention to the concept of immunity from criminal liability. The problems of exemption from criminal liability due to immunity in relation to a limited range of subjects of crimes are also considered. This issue is especially relevant in terms of the ratio of the institution of exemption from criminal liability and the institution of immunity from it. This article, in particular, suggests a way to eliminate this uncertainty.
Keywords: criminal liability, exemption from criminal liability, immunity, crime, criminal, criminal law, punishment.
The article bibliographic list
1. Vaksyan A. Z. Release of a citizen from criminal responsibility and punishment // Citizen and law. -2018. – No. 3. – pp. 32-39.
2. Kibalnik A. Immunity as a basis for exemption from criminal liability // Russian justice. – 2016. – No. 8. – pp. 34-35.
3. Naumov A.V. The practice of applying the Criminal Code of the Russian Federation: commentary of the courts. practices and doctrinal interpretation. – M.: Walters Kluwer, 2016. – 926 p.
CRIMINAL LAW
Stupina S. A.
On the question of the qualification of hooliganism committed with the use of violence against citizens or the threat of its use
The article examines the legislative novelties of Article 213 of the Criminal Code of the Russian Federation, and the controversial issues of qualification determined by them in relation to hooliganism committed with the use of violence against citizens or the threat of its use, with the corresponding crimes against life and health.
Keywords: hooliganism, violence, qualification of a crime, criminal responsibility, sanction.
The article bibliographic list
1. Borisov S. V. Hooliganism: criminal-legal and criminological aspects: dis. … cand. legal sciences. – Moscow, 2005. [electronic resource]. – Access mode: http://www.dslib.net/kriminal-pravo/huliganstvo-ugolovno-pravovoj-ikriminologicheskijaspekty .
html (accessed: 21.01.21).
2. Brief description of the state of crime in the Russian Federation for January – November 2020. [electronic resource]. – Access mode: https://мвд.рф/reports/item/22501861 / (date of address: -21.01.21).
3. Kudryavtsev V. N. General theory of qualification of crimes. 2nd ed., reprint.
4. Milyukov S. F. Denationalization of the fight against crime in Russia (on the example of capitulation to hooliganism) // Criminology: yesterday, today, tomorrow. – 2011. – № 2.
5. Milyukov S. F., Pavlov V. G. Hooligan Russia:a past without a future? // Russian Criminological view. – 2011. – No. 1.
6. Milyukov S. F. How does a criminal differ from a criminal? // Criminal law: development strategy in the XXI century: materials of the international scientific and practical conference. – M., 2021.
7. Naumov A.V. Sanctions of criminal law norms and qualification of crimes // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. -2016. – № 4 (54).
8. Grounds for a criminal law ban. Criminalization and decriminalization / ed. V. N. Kudryavtsev, A.M. Yakovlev. – M., 1982.
9. Radionov G. G. Relative prevalence of acts as a criterion for criminalization of falsification of evidence // Society and law. – Krasnodar: Publishing house Krasnodar. un-ta of the Ministry of Internal Affairs of Russia. – 2014. -№ 1 (47).
10. The state of crime. [electronic resource]. –Access mode: https://мвд.рф/reports/item/22501861 /(date of application: 12.01.2021).
CRIMINAL LAW
Smolyakov P. N.
The inverse force of blank punitive norms in the dynamics of the development of legislation to which they refer
The article is devoted to giving retroactive effect to the blank norms of the Administrative Code and the Criminal Code of the Russian Federation applied during the fight against the spread of the new coronavirus infection COVID-19. The author draws attention to the fact that in a rapidly changing epidemiological situation, the legal acts to which they refer are subject to frequent edits, including the abolition of previously established anti-epidemic restrictions. Similar
the process hinders effective law enforcement, giving rise to the imminent termination of proceedings in the relevant cases. In addition, it is not excluded that violators will have the illusion of impunity, when even before committing an illegal act, they will be able to reasonably expect release from responsibility for it due to the decriminalization (dedelection) of the act in the near future.
Keywords: retroactive force of law, blank norm, temporary norm, legal certainty, coronavirus infection.
The article bibliographic list
1. Blagov E.V. About the criminal law mitigating punishment // Criminal Law. – 2012. – No. 5. – pp. 33-35.
2. Borkov V.N. The retroactive force of the criminal law in the conditions of its liberalization and modification of the object of criminal law protection // Modern law. -2016. – No. 10. – pp. 112-115.
3. Issues of tax law in the judicial practice of the Supreme Court of the Russian Federation: textbook / E.G. Vasilyeva, V.I. Gumenchuk, E.G. Mamilova, etc.; edited by I.A. Tsindeliani. – M.: Prospect. 2019.
4. Inshakov S.M., Kazakova V.A. Is the convergence of criminal and administrative legislation unacceptable or promising? // Bulletin of the Moscow University. The series “Law”. – 2015. – No. 6. – pp. 65-75.
5. Milyukov S.F., Tokarchuk R.E. Some features of the retroactive force of the criminal law // Criminal law. – 2012. – No. 6. – pp. 58-63.
6. Shchepelkov V.F. Application of the criminal law when changing acts of other industry affiliation // Criminalist. – 2008. – No. 2. – pp. 3-10.
7. Yakubov A.E. Criminal law of the Russian Federation. General part: Textbook for universities (edited by V.S. Komissarov, N.E. Krylova, I.M. Tyazhkova). – M.:”Statute”. 2012.
CRIMINAL LAW
Sytnikov V. O.
To the question of the subject of the crime under Article 151.1 of the Criminal Code of the Russian Federation
The article deals with the issue of a mandatory feature of the corpus delicti provided for in Article 151.1 of the Criminal Code of the Russian Federation, which is the subject – alcoholic beverages.
The author, in order to define the concept of alcoholic beverages, analyzes the norms of industry legislation and draws conclusions that alcoholic beverages and alcoholic beverages are types of alcoholic products, which will be the subject of a crime in Article 151.1 of the Criminal Code of the Russian Federation when selling them to a minor.
Keywords: subject of crime, alcoholic beverages, food products, alcoholic beverages, alcoholic beverages, criminal liability, minors.
The article bibliographic list
1. Moshkovich M. They took up energetically for “energetics” //EZH-Yurist. – 2008. – No. 46.
CRIMINAL LAW
Surnova E. Y.
The concept of fraud using mobile communications and the Internet
This article is devoted to the analysis of the phenomenon of fraud using mobile communications and the Internet. The author distinguishes this type of fraud with related phenomena by the method, motive and instrument of committing the crime.
The article provides an up-to-date classification of methods of committing fraud using mobile communications and the Internet. The author also claims that mobile means of communication and the Internet in this case act as a method and tool for committing a crime. This is justified by the fact that mobile communications and the Internet are considered by attackers both as a technological means and as a means of communication. The article also defines the concept of “fraud using mobile communications and the Internet”.
Keywords: fraud, mobile communications, the Internet, the method
of committing a crime, the purpose and motive of the crime, the instrument (tool) of the crime.
The article bibliographic list
1. Komarov A. A. Criminological aspects of fraud in the global Internet: abstract dis. … candidate of legal sciences:12.00.08. – Saratov, 2011. – 25 p.
2. Litvinov N. D., Fedorov A. N. Fraud using mobile communication means (remote): the concept and features of the commission// Research publications. – 2015.– № 12(32). – Pp. 73-80.
3. Mashlyakevich V. A. Some aspects of the mechanism of trace formation in the investigation
of frauds committed using means of telephone communication // The world of legal science. -2014. – No. 1-2. – pp. 51-57.
4. Serdyuk P. L. Features of the legal assessment of remote fraud // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2019. – № 4 (48).– Pp. 226-230.
5. Frolov M. D. Criminal law and criminological counteraction to fraud in the field of computer information: abstract of the dissertation. …candidate of legal sciences: 12.00.08. – M., 2019.– 26 p.
CRIMINAL LAW
Yurchenkova E. S.
Social conditionality of the appearance of the criminal law prohibition of illegal attraction of funds in shared-equity construction
The article deals with the issues of relevance and social conditionality of the appearance of the criminal law ban provided for in Article 200.3 of the Criminal Code of the Russian Federation, and also reveals aspects of illegal attraction of funds by developers in violation of the requirements established by the Federal Law “On Participation in the shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation”.
Keywords: shared-equity construction, raising funds, fraud, apartment buildings, other real estate objects, developer.
The article bibliographic list
1. Explanatory Note to the draft Federal Law “On Amendments to the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation regarding the Establishment of Criminal Liability for Violation of the Requirements of Legislation on Participation in the Shared Construction of Apartment Buildings and (or) Other Real Estate and Misuse of Funds, paid by participants of shared construction under the contract of participation in shared construction”. – [Electronic resource]. – Access mode: http://duma.gov.ru .
2. The verdict in criminal case No. 1-340 / 2019, issued on July 22, 2019 by the Adler District Court of Sochi, Krasnodar Territory, consisting of: presiding Judge Pechenkin Yu. I. – [Electronic resource]. – Access mode: https://sudact.ru /(accessed: 03/21/2021).
3. The main Information and Analytical Center of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: https://мвд.рф/mvd/structure1/Centri/Glavnij_informacionno_analiticheski_cen (date of application:12.03.2021).
4. Egorov I. A dangerous share. Rossiyskaya Gazeta. Special project “Square meter”. – [Electronic resource]. – Access mode: https://rg.ru/2021/03/03/reg-szfo/bolee-11-tysiach-narushenij-zakona-vdolevom-stroitelstve-vyiavleno-za-god.html (date of application: 03/21/2021).
5. Unified information system of housing construction. – [Electronic resource]. – Access mode: www.наш.дом.рф (date of reference: 03/21/2021).
6. Maslow A. G. Motivation and personality. – p. 48. – [Electronic resource]. – Access mode: http://www.bimbad.ru/docs/maslow_motivation_and_personality.pdf (accessed: 03/21/2021).
7. Article 1 of Federal Law No. 173-FZ of 10.12.2003 (as amended on 24.02.2021) “On Currency Regulation and Currency Control” (with amendments and additions, intro. effective from 02/28/2021). – [Electronic resource]. – Access mode: SPS // ConsultantPlus (date of request:
12.03.2021).
CRIMINAL LAW
Iriskulbekov E. B.
Charter of safety of medical workers:a new look at the protection of physicians
The article gives a general idea of the Charter for the Safety of Medical Workers, analyzes the norms of the Charter, and draws conclusions about the need to implement certain provisions in the national legislation of the Kyrgyz Republic. The protection of healthcare workers around the world is particularly relevant in connection with the COVID-19 pandemic.
Keywords: medical workers, safety of medical workers, criminal legal protection of medical workers, charter of safety of medical workers.
The article bibliographic list
1. Petrova R. E., Sheyafetdinova N. A., Soloviev A. A., Mishchenko E. V., Globenko O. A., Portnaya E. B., Rozanova E. V. Preventive medicine. – 2018. – Vol.21. – No. 6. – pp. 74-77.
2. Pugin N. I., Rybakova Yu. A., Garin L. Yu., Vasilyeva O. L. Ensuring the safety of a medical worker in the performance of his professional duties. In the collection: Actual problems of population health management. Thematic collection of scientific papers based on the results of the II All-Russian Scientific and Practical Conference with international participation. Volga Research Medical University of the Ministry of Health of Russia; Under the general editorship of I. A. Kamaev, V. M. Levanov. – 2019. – pp. 174-177.
3. Semenov N. S. The connection of natural and international law // Science, new technologies and innovations of Kyrgyzstan. – No. 10. – Bishkek, 2016. – p. 231.
4. Charter: health worker safety: a priority for patient safety. – [Electronic resource]. – Access mode: https://www.who.int/publications/i/item/9789240011595 (accessed: 03/11/2021).
5. Sorokin M. Y., Kasyanov E. D., Rukavishnikov G. V., Makarevich O. V., Neznanov N. G., Morozov P. V., Lutova N. B., Mazo G. E. Stress and stigmatization inhealth-care workers during the COVID-19 pandemic// Indian J Psychiatry. – 2020. – p. 445-453. – [Electronic resource]. – Access mode: https://www.indianjpsychiatry.org/article.asp?issn=0019-5545;year=2020;volume=62;issue=9;spage=445;epage=453;aulast= Sorokin (date of application: 03/11/2021).
CRIMINAL PROCEEDINGS
Arsenova N. V.
The significance of the victim’s position in determining the amount of damage and ways of its compensation upon termination of a criminal case under Articles 25 and 25.1 of the Code of Criminal Procedure of the Russian Federation
In the article, the author analyzes the norms of legislation regulating the termination of a criminal case under Articles 25 and 25.1 of the Criminal Procedure Code of the Russian Federation, and the judicial practice of their application, on the basis of which he formulates the conclusion that there are violations of the rights and legitimate interests of victims, due, in particular, to the absence in the legislation of the requirement to take into account the opinion of the victim when determining the size damage and ways of its compensation in case of termination of a criminal case under Article 25.1 of the Code of Criminal Procedure of the Russian Federation.
Keywords: reconciliation, judicial fine, consent of the victim, compensation for harm, termination of the criminal case.
The article bibliographic list
1. On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability. [Electronic resource]:Resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 dated 27.06.2013. Access from help.- the legal system “ConsultantPlus”.
2. Review of judicial practice of exemption from criminal liability with the imposition of a court fine (Article 76.2 of the Criminal Code of the Russian Federation) (approved by the Presidium of the Supreme Court of the Russian Federation on 10.07.2019). [electronic resource]. Access from help.-legal system “ConsultantPlus”.
3. Resolution of the Olginsky District Court (Primorsky Krai) No. 1-50/2015 of August 13, 2015 in case No. 1-50/2015 // [Electronic resource]: Internet resource Judicial and regulatory acts of the Russian Federation (SudAkt) https://sudact.ru .
4. Explanatory Note to the draft federal law “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation on improving the grounds and procedure for exemption from criminal liability” // [Electronic resource]. Official website of the State Duma of the Russian Federation http://sozd.parlame No.t.gov.ru/bill/953369-6 .
CRIMINAL PROCEEDINGS
Kuliyev I. B., Animokov I. K.
The accused as a participant in the criminal process
The article considers such a participant in the criminal process as the accused. Interest in the accused does not arise by chance, due to the fact that he is the central participant in the criminal case, as a person who should be punished for the crime committed. It is on this principle that the production of a preliminary investigation is built in order to collect evidence of guilt. In addition, when carrying out criminal prosecution, there is often a need to restrict the constitutional rights of the accused, expressed in compulsory restriction or even deprivation of the opportunity to use the provided right.
Keywords: accused, indictment, indictment, preliminary investigation, involvement as an accused.
The article bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (subject to amendments made by the Laws of the Russian Federation on Amendments to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008, No. 7-FKZ of December 30, 2008, No. 2-FKZ of February 5, 2014, July 21, 2014 Year No. 11-FKZ, dated March 14, 2020 No. 1-FKZ) // Rossiyskaya Gazeta. – 2020. – No. 144.
2. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (ed. of 08.12.2020) //SZ RF. – 2001. – No. 52 (Part 1). – Article 4921.
3. Bagmet A.M. On the issue of procedural independence of the investigator // Russian justice. – 2019.– No. 9. – pp. 56-63.
4. Lupinskaya P. A. Criminal Procedural law of the Russian Federation. Textbook. – M.: Norma, 2017. – 1072 p.
5. Yarovova T. V. Spiritual and moral education in the formation of students’ personality // Education and society. 2015. No. 2 (91). pp. 12-15.
CRIMINAL PROCEEDINGS
Milova I. E., Osipov D. D., Hasanov
A.D. The role and place of knowledge in the field of forensic psychiatry in criminal proceedings: historical analysis
The article is devoted to the analysis of the development of ideas about mental disorders – from religious and mythological to scientific. Such manifestations have long aroused interest, with different approaches to their causes. The clearest understanding developed by the end of the XIX century, which contributed to the systematic design of relevant knowledge. Gradually, they began to be used for the purpose of investigating crimes, helping to identify the perpetrators and assess their mental state at the time of the commission of the illegal act.
Keywords: mental disorders, deviations, degradation, mental illness, examination, humane attitude.
The article bibliographic list
1. Vasina I. V. Historical sketch of the use of compulsory medical measures in Russia// The era of science. – 2016. – No. 8. – pp. 14-17.
2. Dolganeva A.V. The significance of the theory of C. Lombroso in the development of criminology and legal psychology // Humanities, socio-economic and social sciences. – 2021. – No. 1. – pp. 114-116.
3. Korolenko V. V., Korolenko R. Ts. The problem of sanity in forensic psychiatry // Bulletin of Forensic Medicine. – 2013. – No. 2. – pp. 31-35.
4. Lisnyak M. A. Course of forensic psychiatry for lawyers: textbook. – M.: Prospect, 2017.
5. Loshchinkin V. V. On the question of the legal nature of compulsory medical measures //Bulletin of Kazan. jurid. in-ta of the Ministry of Internal Affairs of Russia. – 2016. – №1 (23). – Pp. 92-96.
6. Foucault M. O. On the concept of a “socially dangerous subject” in forensic psychiatry of the XIX century // Philosophical and sociological thought. – 1991. – No. 7. – pp. 84-100.
CRIMINAL PROCEEDINGS
Prokhorov D. A.
Features of verification activities at the stage of initiation of a criminal case
The article discusses the features of verification activities at the stage of initiation of a criminal case. Special attention is paid to the inspection of the scene of the incident as the main investigative action at this stage. The author analyzes the shortcomings and gaps in criminal procedural regulation that hinder the effective implementation of this activity, and suggests ways to solve them. Amendments and additions to the Code of Criminal Procedure of the Russian Federation are proposed for the proper settlement of the stage of preliminary verification of reports of crimes. The conclusion is made about the need for normative consolidation of the status of participants in the pre-investigation check.
Keywords: verification of a crime report, inspection of the scene, explanations.
The article bibliographic list
1. Vasiliev O.L. A new stage of the reform of the pre-trial stages of the criminal process. Critical analysis of novellas 2013 // Law. 2013. No. 8.
2. Vlasova N.A. Theoretical and legal foundations of the stage of initiation of a criminal case: Monograph. M., 2001.
3. Karetnikov A.S., Koretnikov S.A. Investigative actions as ways of verifying a crime report // Legality. 2014. № 7.
4. Tomin V.T., Popov A.P., Zinchenko I.A. Criminal process of Russia. Problem lectures: A textbook. Pyatigorsk, 2014.
CRIMINAL TRIAL
Krasnenko Yu. V., Maslienko M. A.
On the issue of the procedural independence of an expert in Russian criminal proceedings
The independence of participants in criminal proceedings from among the subjects of disclosure and investigation of crimes is one of the foundations of the administration of fair justice. The article touches on the topic of procedural independence of an expert, and provides various opinions about this category. In the course of studying the issue, the authors considered guarantees of compliance with the principle of independence on the part of the law and the inadmissibility of the influence of the head of a structural unit on the expert’s decision-making based on the results of the study. Some features of the organization of the activities of forensic institutions in some member states of the Eurasian Economic Union are analyzed.
Keywords: independence, forensic expert, criminal procedure, forensic expert activity.
The article bibliographic list
1. Arsenova N.V. Powers of the head of the expert institution in the appointment and conduct of expertise in criminal cases // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – № 4(91). – Pp. 88-95.
2. Vladimirov V.Yu., Kovalev A.V. Actualization of forensic problems // Legal science: history and modernity. – 2019. – No. 10. –pp. 115-121.
3. Volynsky A.F. The principle of procedural independence of a judicial expert, not a specialist //Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – pp. 21-24.
4. Volynsky A.F. Reform of forensic and technical-criminalistic activity as a necessity // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 3. – pp. 186-191.
5. Ozhegov S.I. Dictionary of the Russian language: Approx. 57,000 words / edited by N.Yu. Shvedova. – 21st ed., reprint. and additional – M.: Rus. yaz., 1989. – 750 p.
6. Smirnova S.A. Actual ways of improving forensic expert activity in the Russian Federation // Expert criminalist. – 2018. – No. 2.– pp.32-34.
7. Sokolov A.F., Sokolova D.A. On the issue of improving the norms of criminal law and other normative legal acts in the field of regulation of forensic expert activity // Actual problems of criminal law at the present stage. – 2020. – No. 9. – PP. 148-157.
CRIMINAL PROCEEDINGS
Mustafina G. M.
On the issue of drug addiction of the population as one of the threats to the social security of the country
Countering drug trafficking and drug addiction of the population are among the priorities of State law enforcement agencies, public associations and organizations. The drug addiction of the population contributes to the undermining of the demographic and socio-economic potential of our state and is assessed in the Russian Federation as a threat to national security. The article deals with the problems of drug addiction of the population. The factors influencing the dynamics of the spread of this negative phenomenon are analyzed.
Keywords: drug addiction of the population, drug trafficking, crime, drug addiction.
The article bibliographic list
1. Report on the drug situation in the Russian Federation in 2019. [electronic resource]. – Access mode: https://drugmap.ru/wp-content/uploads/2020/08/Doklad-GAK-2019-KMM.pdf .
2. Report on the drug situation in the Republic of Bashkortostan in 2019/ Anti-Drug Commission of the Republic of Bashkortostan, Ministry of Internal Affairs of the Republic of Bashkortostan. – Ufa: Publishing house “Healthcare of Bashkortostan”, 2020. – 170 p.
CRIMINAL PROCEEDINGS
Polunin V. P., Radneva E. G., Petrunin E. V.
On the methodology of investigation of crimes committed by minors
The article examines the criminalistic characteristics of juvenile crimes, the main circumstances of the commission of these crimes. The author provides statistical data on crimes of this category, considers and reflects the main reasons contributing to the commission of crimes
minors. The structure of the methodology of investigation of crimes committed by persons under the age of majority is considered, and the addition of the subject of proof in criminal cases of this category is proposed.
Keywords: methodology, forensic characteristics, minor subject of crime, subject of proof.
The article bibliographic list
1. The Criminal Procedure Code of the Russian Federation: Federal Law No. 174-FZ of 18.12.2001// Rossiyskaya Gazeta. – 2001. – No. 249.
2. Bashkatov I. L. Psychology of groups of juvenile delinquents. – M., 1993.
3. Official website of the Ministry of Internal Affairs of the Russian Federation. The state of crime in the Russian Federation January-June 2020.pdf. – [Electronic resource]. – Access mode: https://мвд.рф/reports/item/20597695 / (accessed: 12/20/2020).
4. Yuzikhanova E. G. Statistical indicators and trends in juvenile delinquency in modern Russia // Legal science and law enforcement practice. – 2014. – № 4 (30). – Pp. 82-87.
CRIMINAL PROCEEDINGS
Prokhorov D. A.
Problems of conducting examinations at the stage of initiation of a criminal case
The article analyzes the essence and significance of examinations at the stage of initiation of a criminal case. The shortcomings of the criminal procedural regulation of the appointment and production of forensic examinations at the stage of pre-investigation verification of a crime report, as well as the problems of applying the norms regulating these issues in practice, are considered. Separately, the problem of incorrect registration of the appointment of examinations is investigated. Measures are proposed to improve the efficiency of conducting examinations at the stage of initiating a criminal case.
Keywords: examination, initiation of a criminal case, investigator, resolution on the appointment of an examination.
The article bibliographic list
1. Azarenok N.V., Kamyshin V.A. The significance of the amendments made to Article 307 of the Criminal Code of the Russian Federation for the conduct of a forensic examination before the initiation of a criminal case // Russian judge. 2020. No. 9. pp. 14-20 // SPS “Consultant Plus”.
2. Grachev S.A. Is it really possible at present to conduct an examination before initiating a criminal case? //Forensic expert. 2014. No. 3. pp. 10-13.
3. Rumyantseva M.O. Initiation of a criminal case: problems and prospects: monograph. M.: Justicinform, 2019 // SPS “Consultant Plus”.
4. Sidorenko O.V. Appointment and production of forensic examinations at the stage of initiation of a criminal case //Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. 2016. No. 2 (24). pp. 118-121.
CRIMINAL PROCEEDINGS
Sokolov Yu. N.
Biometric information: forensic and procedural aspects of its use
Analyzing research in the field of criminology, electronic justice and evidentiary law, the author clarifies the properties and legally significant features of biometric personal data, highlights the dualism of biometric information technology. The article reveals the term “e-justice” from the position of the Council of Europe, reflected in the Recommendations on e-Democracy. On the basis of practical work carried out by the state authorities of the Russian Federation, the possibilities of using electronic justice technologies and biometric identification, authentication in court proceedings are considered.
Keywords: information technologies, electronic justice, unified biometric information system.
The article bibliographic list
1. Federal Law No. 152-FZ of 27.07.2006 “On Personal data” // Collection of Legislation of the Russian Federation. – 2006. – No. 31 (1 h.). – Article 3451.
2. Arkhipova E. A. The use of videoconferencing in criminal proceedings in Russia and foreign countries (comparative legal research):autoref. dis. … cand. jurid. sciences. – M., 2013. – 30 p.
3. Buylov M., Tishina Y. Biometrics collected in amendments // Newspaper “Kommersant”. – 2020. – No. 229/P. The website of the newspaper “Kommersant”. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4614043 (date of address: 03/21/2021).
4. Denisov I. S. Development of electronic justice in Russia // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2018. – № 1 (77). – Pp. 101-104.
5. Kamalova G. G. Biometric personal data: definition and essence // Information law. – 2016. – No. 3. – pp. 8-12.
6. Klipko E. P., Meretukov G. M. Forensic medicine:Textbook for law schools. – Krasnodar, KubGAU, 2013. – 328 p.
7. Naumov V. B., Arkhipov V. V. The concept of personal data: interpretation in the context of the development of information and telecommunication technologies// Russian Law Journal. – 2016. – No. 2.– pp. 186-196.
8. Ovod I. V., Alexandrov A. A., Ivashev P. A. Biometric data individualizing the personality of a citizen // Sustainable development of science and education. – 2017. – No. 1. – pp. 82-84.
9. Pisarev D. Yu. Problems of using biometric systems in solving crimes: abstract.dis. … candidate of Legal Sciences. – Krasnodar, 2012. – 19 p.
10. Platonova N. I. Modern legal approaches to understanding biometric data // Information Law. – 2018. – No. 1. – pp. 22-26.
11. Recommendations of the Committee of Ministers of the Council of Europe CM/Rec (2009)1 to the member States of the Council of Europe on e-democracy (Adopted by the Committee of Ministers on February 18, 2009 at the 1049th Meeting of Deputy Ministers). Website of the CEC of the Russian Federation. – [Electronic resource]. – Access mode: cikrf.ru/international / recommend.doc (date of application:03/21/2021).
CRIMINAL PROCEEDINGS
Kharzinova V. M.
Conflict of interests in criminal proceedings
The article discusses the conflict of interests in criminal proceedings and its types. In particular, some types of confrontation between the interests of the persons conducting the process and the suspect (accused). Public interest is also considered as confrontation, confrontation, conflict with the personal legitimate or illegal interests of other participants in the process.
It is indicated that in order to ensure that the accused fulfills his procedural duties, officials who protect the public interest during the preliminary investigation may use state coercion.
It is noted that the interest of any participant in the criminal process (or a participant in a procedural conflict) is a multifaceted and complex phenomenon. Therefore, the authorities conducting the process should carefully analyze the interests that the accused (any other subject) seeks to defend. This helps to reveal the essence of the interest, to determine the position of the subject in the proceedings and either to realize such desires, or, using coercion, to defend the public interest. Such an analysis itself makes it possible to find out the reasons for the actions that go in “counterbalance”, contradict the interests of other participants in the process.
Keywords: confrontation, conflict of interests, accused, state body, official, preliminary investigation, criminal procedural interest, public interest, subjective phenomenon, objective phenomenon, conflicting subjects, criminal process, primary and secondary interest.
The article bibliographic list
1. Kharzinova V.M. The use of the provisions of conflictology in criminal proceedings Krasnodar Academy of the Ministry of Internal Affairs of Russia, 2004. – Krasnodar, 2004. – p. 188.
2. Kharzinova V.M. Some features of the study of criminal conflict in criminal proceedings // Eurasian Legal Journal. – 2019. – № 8 (135).
CRIMINAL PROCEEDINGS
Shakhbanova H. M.
On some issues of the effectiveness and implementation of the pledge as a preventive measure
The article reveals the topical issues of the application of a preventive measure in the form of bail. In particular, the problems concerning the purposes of using this coercive measure are considered. The article is devoted to the optimization of the use of such a preventive measure as bail, examines the needs of its effective implementation, and also touches on topical issues that stimulate the improvement of this institution. It is established that the pledge is a means established by law to ensure the proper procedure for criminal proceedings.
Keywords: bail, preventive measure, criminal procedure legislation, accused, suspect, pledger, bail amount.
The article bibliographic list
1. “Criminal Procedure Code of the Russian Federation” dated 18.12.2001 No. 174-FZ (as amended on 24.02.2021) (with amendments and additions, intro. effective from 07.03.2021).
2. Message of the President of the Russian Federation to the Federal Assembly of 12.11.2009 “Message of the President of the Russian Federation Dmitry Medvedev to the Federal Assembly of the Russian Federation”.
3. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 19.12.2013 No. 41 (ed. dated 24.05.2016) “On the practice of application by courts of legislation on preventive measures in the form of detention, house arrest and bail”.
4. Andronik N. A. On the effectiveness of preventive measures in the form of bail // Advocate. – 2015. – No. 3. – pp. 37-43.
5. Gavrilov B. Ya. Arrest is a preventive measure // Preventive measures: mater. conf. – [Electronic resource]. – Access mode: www. trunov.com.
6. Grigoriev V. N. Improvement of the regulatory regulation of collateral as a preventive measure in criminal cases as one of the directions in the fight against money laundering acquired illegally. – [Electronic resource]. – Access mode: http//iegislature.ru.
7. Guskova A. P. Continuity of scientific thought — the basis of modern scientific creativity // Scientific notes: collection of scientific papers of the Faculty of Law of Orenburg State University. – Issue 5. – Orenburg: OGAU Publishing Center, 2014. – p. 11.
8. Erik M. S., Maslova S. V. Features of the election of bail by the courts as a preventive measure // Russian justice. – 2013. – No. 12. – p. 25.
9. Kolokolov N. A. Measures of restraint of a property nature // Russian Justice. – 1998. – No. 12. – p. 14.
10. Manova N. S. Bail as a preventive measure, alternative to detention // Modern legal science and law enforcement: Collection of abstracts (based on the materials of the All-Russian Scientific and Practical Conference, Saratov, June 3-4, 2010).– Saratov: GOU VPO “Saratov State Academy of Law”, 2010. – pp. 240-241.
11. Narbikova N. G. Problems of the effectiveness of bail as a preventive measure in criminal proceedings // Scientific notes: collection of scientific papers of the Law Faculty of Orenburg State University. – Issue 5. – Orenburg: OGAU Publishing Center, 2016. – P. 11.
CRIMINAL PROCEEDINGS
Bogatyrev D. V.
Signs of abuse of law in criminal proceedings
The article deals with theoretical issues concerning the abuse of law in criminal proceedings and its signs. It is pointed out that there is no unified theoretical basis for the concept and signs of abuse of law. The positions of the authors with regard to the concept of abuse of law are presented and analyzed. The author compares the signs of an offense and abuse of law, formulates appropriate conclusions, gives his own opinion regarding the signs of abuse of law.
Keywords: criminal proceedings, participants in criminal proceedings, abuse of law, offense, signs of offense.
The article bibliographic list
1. Barmina O. N. Abuse of law as a general legal category: theoretical and legal analysis: dis. … cand. jurid. sciences’: 12.00.01. – Kirov, 2014. – 195 p.
2. Darovskikh O. V. Abuse of law in criminal proceedings in Russia: dis. … candidate of Law. sciences’: 12.00.09. – Chelyabinsk, 2013. – 210 p.
3. Malinovsky A. A. Abuse of subjective law (theoretical and legal research).– Moscow: Yurlitinform, 2007.
4. Naumov A. E. Abuse of law: theoretical and legal aspect: dis. … cand. jurid. sciences’:12.00.01. – Moscow, 2010. – 144 p.
5. Criminal law of Russia. General part: textbook for bachelors / ed. by A. I. Plotnikov. – Orenburg: IPK “University” LLC, 2016. – 442 p.
CRIMINAL PROCEEDINGS
Kalamov J. S.
Legal regulation of electronic evidence in countries with a continental system of law. The experience of France in Germany
The article examines the essence of electronic evidence, its specificity in countries with a continental system of law. In particular, the main aspects of the use of electronic evidence in civil and criminal proceedings were described on the example of Germany and France. In the course of the research, the author comes to the conclusion that in Germany and France, procedural standards do not include any specific procedures governing the collection, storage or presentation of electronic evidence in court. Generally speaking, countries apply “by analogy” the rules of common procedures for traditional evidence. At the same time, it is expedient, from the author’s point of view, such an experience of the German legislator as the introduction of a complete electronic document flow in criminal proceedings, as well as the recognition of the identity of electronic evidence and traditional evidence in the French civil and criminal law doctrine.
Keywords: electronic evidence, electronic document, electronic signature, electronic document management, judicial process, France, Germany.
The article bibliographic list
1. Golubtsov V. G. Electronic evidence in the context of electronic justice // Problems of civil procedure. – 2019. – No. 1. – Vol. 9. – pp. 170-188.
2. Zhurkina O. V. Evidence in the criminal procedure legislation of foreign countries // Issues of Russian and international law. – 2016.– No. 3. – pp. 109-116.
3. Zazulin A. I. Normative support of electronic document management in criminal proceedings: experience of Germany // Law and order: history, theory, practice. – 2018. – No. 4. – pp. 76-80.
4. Information technologies in the criminal process of foreign countries / Edited by S. V. Zuev. – M., 2020. – 216 p.
5. Ok E. La preuve numérique. The UN in the interests of the investigation of the criminal case of the 21st century // Numerical methods. -2003. – Vol. 4. – pp. 208-210.
6. Wolf K., Zeibig N. Evidence in Civil Law – Germany. – Maribor: Institute of Local Self–Government and Public Procurement, 2015. – 56 p.
CRIMINAL PROCEEDINGS
Tyutereva Yu . S .
Evaluation of the effectiveness of certain procedures of remote procedure of criminal proceedings in the Federal Republic of Germany and the possibility of their implementation in the criminal proceedings of the Russian Federation
The article analyzes the effectiveness of individual procedures of the remote procedure of criminal proceedings in the Federal Republic of Germany and predicts the possibilities for the implementation of their analogues in the criminal process of the Russian Federation.
The criminal procedure legislation that establishes the foundations of electronic communication has been studied, the issues of digitization of evidence and identification of an individual during criminal proceedings using an electronic dossier have been considered. A good degree of adaptability of the criminal procedure legislation of the Federal Republic of Germany to the modern needs of society allows us to conclude that the use of a remote form of criminal proceedings is a logical step towards the development of a modern state and society.
Keywords: modernization, digitalization, criminal procedure legislation, remote form, electronic communication, digitization.
The article bibliographic list
1. Draft Decree of the President of the Russian Federation “On the passport of a citizen of the Russian Federation containing an electronic data carrier” (as of 03/19/2021) (prepared by the Ministry of Finance of Russia, project ID 04/14/03-21/00114294). – [Electronic resource].– Access mode: SPS ConsultantPlus (date of reference: 04/07/2021).
2. Golovko L. V. Course of criminal procedure / Edited by D.yu.n., prof. L. V. Golovko. – 2nd ed., ispr. – M.: Sta–tut, 2017.
3. Golovko L. V. Digitalization in criminal proceedings: local optimization or global revolution? // Bulletin of Economic Security. -2019. – No. 1. – pp. 15-25.
4. Zuev S. V. Information technologies in criminal proceedings of foreign countries / ed. doct. jurid. S. V. Zueva, M., Yurlitinform, 2020.
5. Maslennikova L. N., Sushina T. E. The experience of digitalization of criminal proceedings of the Federal Republic of Germany and the possibility of its use in digitalization of criminal proceedings in Russia // Actual problems of Russian law. – 2020. – VOL. 15. – NO. 6. – P. 218.
CRIMINAL PROCEEDINGS
Lisova A. P.
Burden of proof in the criminal proceedings of the main States of the Asia-Pacific region
The article examines the legal grounds and the possibility of shifting the burden of proof in the criminal proceedings of the main states of the Asia-Pacific region. The concept of the principle of presumption of innocence in foreign countries of the Asia-Pacific region is also revealed. The article presents several points of view on understanding the burden of proof on one of the parties to criminal proceedings in China and Japan. Due to the insufficient coverage of this topic by other authors, the issues of understanding the burden of proof and the transfer from the prosecution to the defense are being examined.
Keywords: burden of proof, presumption of innocence, criminal process.
The library ‘s list of articles
1. David R., Joffre-Spinosi K. Basic legal systems of modernity / Translated from the French by V. A. Tumanova.- M.: International Relations, 2009.
2. The Law on Criminal Proceedings of Japan (刑事訴訟法日本)) // Portal of legal information of the Government of Japan. [electronic resource]. – Access mode: https://elaws.e-gov.go.jp/document ?The law ID=323AC0000000131.
3. The Constitution of the People’s Republic of China (the Chinese Constitution) // Portal of Legal information of the Government of the People’s Republic of China. [electronic resource]. – Access mode: http://www.gov.cn/guoqing/2018-03/22/content_5276318.htm .
4. The Constitution of Japan // Portal of legal information of the House of Representatives of the Parliament of Japan. [electronic resource]. – Access mode: http://www )shugiin.go.jp/internet/itdb_annai.nsf/html/statics/shiryo/dl-constitution.htm .
5. Lu Jiehua, Fan Xiaofeng. Characteristics, problems and upgrading the system of allocating the burden of proof criminal in our country (吕泽华, 方晓凤.我国刑事证明责任分配体系的特点及挑战与更新 // 中国海洋大学学报社会科学版. – 2019. – 问题 (1): 73). The original work on the whale. language.
6. Makoto Mitsui, Tadashi Sakamaki. Introduction to the Criminal Procedure of Japan (三井 誠, 酒巻 匡. 入門刑事手88版 日本..,京, 2020). The original work in Japanese. language.
7. International Covenant on Civil and Political Rights // Official website of the United Nations. [electronic resource]. –Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml .
8. Comparative jurisprudence: a legal dictionary-reference book / edited by A.V. Malko and A. Y. Salomatin. – M.: Prospect.
9. Sun Yuan. Classification of the legal elements of criminal burden and its distribution (泽吕华,方晓凤. 我国刑事证明责任分配体系的特点及挑战与更新) // the journal “PKULAW.COM” in 2012. [electronic resource]. – Access mode: https://www.pkulaw.com/specialtopic/1c4d813c00f86d648967a61abd7b8dd0bdfb.html .The original work on the whale. language.
10. Taichi Yoshikai, Daisuke Midori, Azusa Sitara. The Book of the Basic Law on Criminal Proceedings gives Me an Understanding of the Procedure (Basic Series) (開 多一, 緑 大輔, 設楽 あづさ. 基本刑事訴訟法I 手続理解編 (基本シリーズ) 単行本.
11. The Criminal Procedure Code of the People’s Republic of China (The Legal Information Portal of the National People’s Congress. [electronic resource]. – Access mode: http://www.npc.gov.cn/wxzl/wxzl/2000-12/06/content_4373.htm .
12. The Criminal Code of Japan (刑法) // Portal of legal information of the Government of Japan. [electronic resource]. – Access mode: https://elaws.e-gov.go.jp/document ?law_unique_id=140AC0000000045_20200401_430AC0000000072.
13. Chen Guangzhong. Comments and interpretations of the revised provisions of the Criminal Procedure Law of the People’s Republic of China (yap.yap.yap.yap.yap.yap.yap.yap.yap. yap. yap. yap.yap.yap. yap: 373, 2012). The original work on the whale. language.
PENAL ENFORCEMENT LAW
Girenok G. A.
Tank therapy as an effective means of rehabilitation of prisoners (foreign experience)
The article deals with the issue of rehabilitation of prisoners in a high-security prison on the island of Cebu (Philippines). The prison has gained worldwide fame thanks to the prisoners who dance. After the riot of 2004 in this prison, tanceterapy became a mandatory point of rehabilitation of prisoners. The article examines the experience of using this method of rehabilitation of prisoners, its positive results, as well as criticism of the prison management by human rights organizations. The article concludes that dancing has a positive effect on the discipline of prisoners, reducing the level of aggression and violence between them, forming motivation for a future life without drugs and crimes.
Keywords: tanceterapy, rehabilitation of prisoners, overcrowding in prisons, reduction of aggression and violence, formation of positive motivation, life without drugs and crimes.
The article bibliographic list
1. Dancing is part of rehabilitation in a Philippine prison.[electronic resource]. – Access mode: https://www.nytimes.com/2008/01/15/world/asia/15iht-inmates .1.9223130.html (accessed: 04/03/2021).
2. Dancing prisoners of Cebu Prison. [electronic resource]. – Access mode: https://babysharkminorityreport.wordpress.com/tag/cebu-provincial-detention-andrehabilitation –
center/ (accessed 05.04.2021).
3. Prison in the Philippines. [electronic resource]. – Access mode: https://fishki.net/2929034-tjuryma-na-filippinah.html © Fishki.net / (accessed 03.04.2021).
4. Cebu Provincial Detention and Rehabilitation Center.[Electronic resource] //[Electronic resource]. – Access mode: https: // en.wikipedia.org/wiki/Cebu_Provincial_
Detention and Rehabilitation Center (date of application:03.04.2021).
5. Thriller (viral video). [electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Thriller_ (viral_video)(accessed: 04/03/2021).
PENAL ENFORCEMENT LAW
Marchenko D. E.
Problems of legal regulation of overtime and irregular working hours in the penal system
The article considers the features of legal regulation of office time and rest time of employees of the penal enforcement system. The author analyzes the hierarchy of normative legal acts regulating the office time and rest
time of employees of the penal enforcement system, and also shows in which direction, in his opinion, further regulation of the social relations under consideration should move.
Keywords: office time, rest time, legal regulation, employee status, penal enforcement system.
The article bibliographic list
1. The Labor Code of the Russian Federation (Part 1):Federal Law No. 197-FZ of December 30, 2001: text with amendments and additions as of December 29, 2020:[adopted by the State Duma on December 21, 2001, approved by the Federation Council on December 26, 2001] //Rossiyskaya Gazeta. – 2001. – No. 9. – January 16.
2. On service in the Penal Enforcement System of the Russian Federation and on Amendments to the Law of the Russian Federation “On Institutions and Bodies Executing Criminal Penalties in the Form of Imprisonment: Federal Law No. 197-FZ: text with amendments and Additions as of 01.01.2020 [adopted by the State Duma on July 3, 2018:approved by the Federation Council on July 13, 2018] //Rossiyskaya Gazeta. – 2018. – July 25.
3. “On Social Guarantees to Employees of Certain Federal Executive Bodies and Amendments to Certain Legislative Acts of the Russian Federation”: Federal Law No. 283-FZ: text with amendments and additions as of 01.10.2019 [adopted by the State Duma on December 21, 2012: approved by the Federation Council on December 26, 2012] // Rossiyskaya Gazeta. – 2013. – January 11.
4. On the specifics of the working time and rest time of employees of institutions and bodies of the penal enforcement system (together with the “Regulation on the specifics of the working time and rest time of employees of institutions and bodies of the penal enforcement system”): Order of the Federal Penitentiary Service of Russia [adopted on September 26, 2013 No. 533] //Rossiyskaya Gazeta. – 2013. – No. 255.
PENAL ENFORCEMENT LAW
Minkova E. A.
International experience in the functioning of correctional institutions for convicted women
The article is devoted to the analysis of the international experience of the functioning of correctional institutions for female prisoners. The problem of women’s gender characteristics is very acute at the present time, because, despite the relatively low percentage of the latter in the total mass of prisoners in the world, their number is increasing at a fairly high rate, which, of course, is associated with the era of feminism and the involvement of women in all spheres of society.
A comparative analysis of the international experience of correctional institutions for women has shown a huge dissonance in this matter: from the punitive policy in the United States regarding female prisoners and the use of restraints and “shackling” during childbirth to understanding the special status of a woman and her main purpose as a potential mother.
Keywords: international experience, international standards, prison, rehabilitation center, women prisoners, penitentiary institutions, correctional institutions, alternative types of punishment, rehabilitation programs.
The article bibliographic list
1. Alfimova O. A. Realization of punishment in the form of imprisonment in relation to imprisoned women abroad (on the example of the USA and Great Britain) //Bulletin of the Kuzbass Institute. – 2016. – № 4 (29). – Pp. 19-25.
2. Women and minors in the colonies of Azerbaijan. – [Electronic resource]. – Access mode: http://ru.echo.az/?p=58243 (date of application:03/15/2021).
3. Brief description of the penal enforcement system // FSIN of Russia: official website. -[Electronic resource]. – Access mode: http://фсин.рф/structure /inspector /iao/statistika/Kratkaya%20har-ka%20UIS/ (accessed: 03/15/2021).
4. UK Ministry of Justice: official website. – [Electronic resource]. – Access mode: https:// www.gov.uk/government/organisations/ministry-of-justice (accessed: 03/15/2021).
5. Minkova E. A. Peculiarities of execution of the punishment in the form of deprivation of liberty in relation to female convicts // Theoretical and practical problems of the development of the penal enforcement system in the Russian Federation and abroad: collection of tez. International Scientific and Practical Conference (Ryazan, November 28-29, 2018): in 2
volumes: Academy of the Federal Penitentiary Service of Russia, 2018. – Vol. 2. – pp. 108-111.
6. Minkova E. A. Socio-psychological aspects of the prevention of violent penitentiary crime // Applied Legal Psychology.- 2018. – No. 2. – pp. 121-125.
7. Monitoring of places of detention. The eleventh annual report of the National Preventive Mechanism of the United Kingdom on April 1, 2019 – March 31, 2020: // The Ministry of Justice of the United Kingdom: official website. –[Electronic resource]. – Access mode: https://assets.publishing.service.gov.uk/government/uploads/system / (date of appeal: 03/15/2021).
8. Illegal childbirth in shackles, but mothers still have to endure it. – [Electronic resource]. –Access mode: (accessed: 06/25/2021).
9. Podstrakhova A.V. Female crime abroad: causes and types of punishments // Young scientist. – 2019. – № 49 (287). – Pp. 385-387.
10. Utkin V. A. International standards of penal enforcement activity and stereotypes of their perception // Criminal justice. – 2016. – № 2 (8). – P. 94.
11. Federal Bureau of Prisons of the USA: official website. – [Electronic resource]. – Access mode:https://www.bop.gov / (accessed: 03/15/2021).
12. Yumaguzin A. A. The maintenance of female persons in correctional institutions of foreign countries (on the example of the USA) // Law and order: history, theory, practice. – 2018. – № 2 (17). – PP. 28-31.
PENAL ENFORCEMENT LAW
Nazarkin E. V., Suleymanov T. A., Khamizova S. A., Popova N. A.
Features of the organization and conduct of interrogation during the investigation of disorganization of the activities of institutions providing isolation from society
This article discusses the specifics of the organization and conduct of the interrogation of the victim, witness, suspect and accused during the investigation of the disorganization of the activities of the institutions of the penal system of Russia, providing isolation from society. The features of the preparation and conduct of the interrogation are indicated.
Separate organizational and tactical recommendations for the preparation and conduct of interrogation in criminal cases of this category are proposed.
Keywords: interrogation, victim, witness, suspect, accused, investigator, tactical technique, disorganization of the institution.
The article bibliographic list
1. Features of the investigation of the disorganization of the activities of institutions providing isolation from society: study.-practice. manual / A.V. Akchurin, E. V. Lyadov, E. V. Nazarkin, L. V. Novikova, O. A. Belov, A. G. Tsivkunov. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2012.
2. Shatalov A. S. Technical and forensic support for the disclosure and investigation of crimes committed in conditions of mass riots. Dis. …cand. jurid. Sciences. – M.: 1993.
PENAL ENFORCEMENT LAW
Remizova L. S.
Organization of activities for the prevention of suicide and self-harm in a correctional colony on the example of the Smolensk region
The article is devoted to the consideration of some issues related to suicides and self-mutilation of convicts in correctional colonies. Special attention is paid to the areas of activity of employees of the penal enforcement system for the prevention of destructive behavior of persons in places of deprivation of liberty. The author describes the gradual passage of newly arrived convicts, prone to destructive behavior, to a correctional colony. The paper presents statistical data of the correctional institution in this area and conducted a comparative analysis by year.
Keywords: Prevention, penal enforcement system, law, activity, suicide.
The article bibliographic list
1. Order of the Ministry of Justice of Russia dated 20.05.2013 No. 72 (ed. Dated 02.11.2018) “On approval of the Instructions for the Prevention of Offenses among Persons Held in institutions of the penal enforcement System” (Registered with the Ministry of Justice of the Russian Federation on 27.05.2013 No. 28535). [electronic resource]. – access mode: SPS “ConsultantPlus”.
2. Grishko A. Ya., Ovodkova L. S. Activities of the Prosecutor’s Office and the Commissioner for Human Rights to ensure the rights and legitimate interests of persons in places of forced detention: monograph. -Ryazan: Academy of the Federal Penitentiary Service of Russia, 2016.
3. Remizova L. S. Organization of the activities of the administration of a correctional institution for the formation of lawful behavior of a convicted person to imprisonment // The Rule of Law: theory and practice. – 2019. – Vol. 56. – No. 2. – pp. 146-149
PENAL ENFORCEMENT LAW
Chernyshov V. V.
Goals and instruments of regulation of parole from serving a sentence
The analysis of the effectiveness of the tools of parole for the institutions of the Federal Penitentiary Service of the Russian Federation is carried out. Variants of the correlation of the positions of IC administrations and courts are highlighted. The presentation of the judgments of the IC administrations and courts on the issue of the submission of parole as forecasts is confirmed. The conditions for the submission of the right of parole are regulated by departmental regulations. The formation of the purpose of the UDO activity in the form of reducing the number of post-penitentiary crimes is justified. The necessity of developing a method for verifying the expectations of the results of parole is shown.
Keywords: tools and effectiveness of parole, uncertainty and risk
the results of parole, public and departmental goals of parole.
The article bibliographic list
1. Gorodnyanskaya V.V. Postpenitentiarny relapse. Monograph. Scientific. editor doct. jurid. V.A. Utkin, M.: Yurlitinform, 2012.
2. Report on the results of the main activities of the 2017-2019 Federal Penitentiary Service.
3. Drozdov A.I., Orlov A.V. Actual problems of parole from serving a sentence // Actual problems of Russian law. 2018. № 1.
4. Methodological recommendations on the procedure for the preparation of characterizing materials on convicts submitted to the court to resolve issues of their conditional early release from serving their sentence, changing the type of correctional institution, replacing the unserved part of the punishment with a milder type of punishment.
5. Terekhin V.I., Chernyshov V.V. Effectiveness and efficiency of the Russian penal system: evaluation and planning: Monograph. Ryazan, Academy of the Federal Penitentiary Service of Russia, 2015. 205 p.
6. Conditional early release from serving a sentence. [electronic resource]. – Mode доступа:www.Femida-info.ru
7. Erkhitueva T.I. The importance of parole for achieving the goals of punishment.// Man: Crime and punishment. 2018. Vol. 26 (1-4). No. 1.
OPERATIONAL AND INVESTIGATIVE ACTIVITIES
Moiseev N. D., Buzuluksky P. V.
Problems of prevention of illicit trafficking of narcotic drugs and their analogues in institutions of the penal system
The article analyzes the problems of prevention of illicit trafficking in narcotic drugs and their analogues in institutions of the penal system. One of the main functions of the UIS staff is to ensure the safety of both employees and the convicts themselves. In addition, one of the destabilizing factors today in correctional colonies is the distribution of narcotic drugs, which are the means and object of committing many penitentiary crimes. The activities of the operational apparatus of the Federal Penitentiary Service of Russia to prevent the spread of narcotic drugs in correctional institutions are regular and systematic, however, in spite of everything, drug supply channels to correctional colonies still operate and convicts continue to receive them. The ways of solving some problems are proposed.
Keywords: narcotic drugs, drugs, correctional institutions, the activities of operational apparatuses, the safety of prison officers and convicts in places of deprivation of liberty, penitentiary crimes, the response of officials of the Federal Penitentiary Service, prevention, types of crimes, prevention, convicts, the penal enforcement system.
The article bibliographic list
1. Belareva O.A. On the issue of the validity of strengthening criminal liability for illicit trafficking of narcotic drugs and psychotropic substances in correctional institutions // Materials of the scientific conference: The penal enforcement system today: interaction of science and practice, November 14-15, 2013. Novokuznetsk. pp. 65-68.
2. Results of the activities of institutions, bodies and enterprises of the criminalexecutive system for 2015-2019 (Information on the state of the regime and supervision and the seizure of prohibited items) // Form FSIN-1, p-4. [Electronic resource]. – Access mode: https://ФСИН.РФ.ru /.
3. Results of the activities of institutions, bodies and enterprises of the penal enforcement system for 2015-2019. (Information on the state of crime in places of deprivation of liberty) // Form FSIN-1, p-4. [Electronic resource]. – Access mode: https://ФСИН.РФ.ru
4. Krasotkin P.N., Krasilnikova M.S. Drug crime in Russia and in institutions of the penal system: criminological analysis // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. 2018. No. 3. pp. 96-101.
5. Malchuk O.I., Nuzhdin A.A. Operational-investigative crime prevention in correctional institutions: a theoretical aspect // Penal enforcement system: law, economics, management. 2018. No. 1. pp. 29-31.
6. Nekrasov A.P., Sazonova K.I. Illegal drug trafficking in places of detention – the problem of modernity // A Russian investigator. 2011. No. 18. pp. 29-33.
7. Nuzhdin A.A. Crime prevention: theoretical and legal aspect // III International Penitentiary Forum “Crime, punishment, correction” (to the 20th anniversary of the entry into force of the Penal Enforcement Code of the Russian Federation): collection of abstracts of speeches and reports of participants: in 8 volumes, 2017. pp. 183-186.
8. The state of crime in the Russian Federation for 2016-2019. // The Ministry of Internal Affairs of Russia. [electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/
9. Chuprakova Yu.Yu., Unterov V.A. Some aspects of countering illicit drug trafficking in correctional institutions //Materials of the All-Russian Scientific Conference of adjuncts, postgraduates, cadets and students with international participation. 21 Feb.-25 Sep. 2019 Samara. pp. 259-261.
CRIMINALISTICS
Gauzhaeva V. A., Gedugoshev R. R.
Some elements of criminalistic characteristics of smuggling of weapons and ammunition
Within the framework of a comprehensive system of rules and algorithms, the article outlines the issues of the content and use of the patterns included in the forensic characteristics for the organization of the investigation of the smuggling of weapons and ammunition. Among the elements considered are: a three-stage method of committing a crime, including preparation, commission itself and concealment, requiring separate research; typical traces of the crime and the places of their probable localization; typical data on the identity of the criminal; circumstances of the commission of smuggling; the subject of the crime.
Keywords: criminalistic characteristics, smuggling, weapons, ammunition, investigation methodology.
Attached bibliographic list
1. Areschenko M. A., Kononenko M. M., Gudkova O. V. The essence of smuggling and methods of combating it // Vector of Economics. – 2018. – № 6 (24). – P. 69.
2. Belkin R. S. Course of Soviet criminology. Volume 3. Forensic tools, techniques and recommendations. – M.: Publishing House of Akad. Ministry OF Internal Affairs OF the USSR, 1979.
3. Gauzhaeva V. A., Gedugoshev R. R. Criminalistic characteristics of firearms as an object of limited turnover // Gaps in Russian legislation. – 2020. – No. 2. – pp. 208-211.
4. Gerasimov I. F. Some problems of crime detection. – Sverdlovsk: Sredne-Uralskoe kn. publishing house, 1975. – pp. 151-168.
5. Kanokova L. Y. Countering crime in Russia // Postgraduate student. – 2014. – No. 3. – pp. 125-130.
6. Kardanov R. R., Gauzhaeva V. A., Buraeva L. A. The need for the use of forensic equipment during the inspection of the scene // Eurasian Law Journal. – 2020. – № 3 (142). – Pp. 238-240.
7. Criminalistics: Investigation of crimes in the field of economics: textbook. / edited by V. D. Grabovsky, A. F. Lubin. – Nizhny Novgorod: Higher School of the Ministry of Internal Affairs of the Russian Federation, 1995. – pp. 53-56.
8. Mitin Yu. D., Rakov I. A. Arms smuggling // Issues of Russian justice. – 2019. – No. 2. – pp. 277-282.
9. Robak V. A. Determinants of arms smuggling and measures to combat it // Jurist-Pravoved. – 2019. – № 2 (89). – Pp. 91-94.
10. Shamaev A.M. Countering illegal arms trafficking as a preventive measure in anti-terrorist activities of law enforcement agencies // Problems of economics and legal practice. – 2019. – Vol.15. – No. 3. – pp. 111-113.
CRIMINALISTICS
Kubanov V. V.
Features of obtaining testimony during the investigation of penitentiary crimes
The issues of legal regulation and organization of investigative actions aimed at obtaining testimony in correctional facilities are considered.
The penitentiary environment is characterized, which determines the specifics of the tactics of interrogation, confrontation, verification of testimony on the spot, presentation for identification. The requirements for tactical techniques designed to achieve maximum effect during the collection and investigation of evidence are highlighted. Separately, the issues of organizing the interaction of persons engaged in preliminary investigation of crimes with correctional officers were investigated.
Keywords: testimony, penitentiary crimes, investigative actions, interrogation, confrontation, verification of testimony on the spot, presentation for identification, forensic support, interview, regime measures.
The article bibliographic list
1. Gryazeva N. V., Kopytkin S. A. Features of the tactics of interrogation of suspects in cases of escapes from correctional institutions // Bulletin of the Kuzbass Institute. – 2017. – № 2 (31). – P. 125.
2. Krymov A. A. Criminal procedural activity of bodies and institutions of the penal enforcement system of Russia: monograph. – M.: Prospect, 2017. – P. 153.
3. Soloviev A.V. Criminalist’s Library. Procedural, psychological and tactical bases of interrogation at the preliminary investigation. – M.: Yurlitinform, 2017. – P. 137.
CRIMINALISTICS
Rastoropov S. V., Shcherbich L. A.
Theory and practice of using the results of operational investigative activities in proving
The purpose of this work is to study the problem associated with the use by an investigator in proving a criminal case of materials of operational investigative activities, taking into account the emerging judicial practice of the Supreme Court of the Russian Federation, as well as the legal positions of the Constitutional Court of the Russian Federation. The authors draw attention to the need to form unified approaches in assessing the conclusions of phonoscopic
examinations, where the objects of research were samples of the voice of the accused (suspect) obtained as a result of operational investigative measures.
The article concludes that the resolution of this issue is important not only from the point of view of the development of the doctrine of Russian criminal procedure law, but also to solve problems arising in determining the admissibility of an expert’s opinion and its subsequent use in proving in criminal proceedings.
Keywords: materials of operational investigative activity, voice samples for comparative research, phonoscopic examination.
The article bibliographic list
1. Abramochkin V. V. The use of the results of secret ORMs in criminal proceedings: the position of the Constitutional Court // Criminal Process.- 2011. – No. 1. – p. 22. – ISBN2076-4413.
2. Vagin O. A., Goryainov K. K., Zemskova A.V., Isichenko A. P., Klimov I. A., Korolkova O. A., Nagilenko B. Ya., Ovchinsky A. S., Ovchinsky B. C., Ovchinsky S. S., Osipenko A. L., Putova I. V., Sinilov G. K., Fedorov A.V., Khromov I. L., Chernikov V. V., Chechetin A. E., Yablokov N. P. Theory of operational investigative activity: textbook (edited by D.Yu.n., prof. K. K. Goryainova, D.yu.n., prof. B. C. Ovchinsky; fourth edition, reprint. and add.). – Moscow: LLC “INFRA-M Scientific and Publishing Center”, – “INFRA-M”, 2018. – 772 p. – ISBN9785160129495
3. Isaenko V. N. The admissibility of evidence obtained in the study of the results of operational investigative activities // Legality. – 2011. – No. 1.- p. 24. – ISSN 0869-4486
4. Larinkov A. A. The use of the results of operational investigative activities in the process of proving by state prosecutors: Textbook. manual. – St. Petersburg: Yurid. in-t Gen. Prosecutor’s Office of the Russian Federation, 2007.
5. Chekulaev D. P. Criminal Procedure Law “as amended” legal positions of the Constitutional Court of the Russian Federation // Russian judge. – 2019. – No. 8. – S. 12. – ISSN 1812-3791.
CRIMINALISTICS
Lozhkin Yu. A., Fedoseev K. V.
To the question of some features of conducting operational search activities that restrict the constitutional rights of citizens, in cases that do not tolerate delay
The article deals with the issues of regulatory regulation of the conditions for conducting operational search activities that restrict the constitutional rights of citizens, in cases that do not tolerate delay. The authors, on the basis of the current operational investigative legislation, conclude that there is a legal gap in the regulation of the mechanism for notifying a judge when conducting this category of MPM on the basis of the decision of the head of the operational investigative body, and also give appropriate recommendations to eliminate this shortcoming.
Keywords: operational search activity, citizens’ rights, wiretapping, grounds and conditions for conducting operational search activities, judicial control over operational search activities.
The article bibliographic list
1. Abramochkin V. V. Verification by the court of the legality and validity of wiretapping of telephone conversations initiated in urgent conditions // Russian Justice. – 2014.– No. 12. – pp. 29-32.
2. Bobrov V. G. Operational investigative measures. Grounds and conditions for conducting operational search activities. – M., 2003. – 64 p.
3. Gusev V. A. Constitutional and legal aspect of regulation of activity: some issues of law enforcement practice // Constitutional and legal problems of operational investigative activity: collection of materials of the All-Russian round table:November 3, 2011 / V. V. Abramochkin, A. S. Alexandrov, V. M. Atmazhitov, etc.; comp. K. B.
Kalinovsky. – St. Petersburg: Petropolis, 2012. – pp. 118-131.
CRIMINALISTICS
Marina E. A., Khametova A. R.
On the issue of formalization of the concept of investigative actions
In this article, the authors of the work attempt to study the current situation and analyze the problem of the lack of a clear definition of the concept of “investigative actions”. Indeed, until now there is no stable and universally accepted concept of “investigative actions”. This concept is absent not only in criminology, but also in the norms of criminal legislation. For many years, scientists have been paying attention to this issue and offering their own solutions to it, and this problem can be considered both from the point of view of criminology and criminal procedure. In addition to the study of the existing formulations of the concept of “investigative actions”, the issues of classification of the system of investigative actions are actively discussed and analyzed, which affects the formation of the concept of investigative actions and the definition of their essence from the forensic and procedural side. In the article, the authors set out various views of scientists on this problem and proposed its author’s judgment, as well as possible ways to solve it in modern conditions.
Keywords: investigative actions, tactics of investigative actions, criminalistics, criminal procedure, preliminary investigation, criminal proceedings.
The article bibliographic list
1. Baev O.Ya. Tactics of investigative actions: a textbook. – Voronezh, 2012.
2. Bykhovsky I.E. Procedural and tactical systems of investigative actions: autoref. dis. … doctor of Law. Sciences. – M., 1976.
3. Vinberg A.I. On the scientific foundations of forensic tactics // Jurisprudence. – 1965. – No. 3. – pp. 79-83
4. Kalnitskiy V.V., Larin E.G. Investigative actions: studies. stipend. — Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2015.
5. Komissarov V.I. Criminalistic tactics:history, current state and prospects of development. – M.: Publishing House “Yurlitinform”, 2009.
6. Forensic science: textbook / ed.– Moscow: Publishing House Yurayt, 2019.
7. Lukovnikov G. D. Investigative actions and operational-search measures: textbook for universities. — 2nd ed. — M.: Publishing House Yurayt, 2020.
8. Lubinska P. A. Criminal procedure law:textbook. M., 2001.
9. Rossinsky S.B. Investigative actions: monograph. – M.: Norm, 2018.
10. Criminal procedural law of the Russian Federation: textbook / ed. P.A. Lupinskaya.- 2nd ed., reprint. and additional – M.: Norm: INFRA-M, 2011.
11. Shafer S.A. Investigative actions. System and procedural form. – M., 1981.
12. Yanovsky R.S. Actual problems of investigative actions: a textbook for universities. — 2nd ed., reprint. and additional — M.: Yurayt Publishing House, 2019.
CRIMINALISTICS
Hakunov A.M., Napsokov A. R.
Operational-investigative activity as a type of law enforcement activity
The authors of the article consider the topic of operational investigative activity as a specific structure of law enforcement activity relevant for consideration. During the research, official legal sources were used, as well as manuals and works on the study of operational investigative activities. The article presents an analysis of the correlation of law enforcement and operational investigative activities as specific structures of general and private, as well as the main provisions of operational investigative activities, such as the essence, subjective composition, forms and methods of its production.
Keywords: law enforcement, species structure, features, general, private, operational investigative activity.
The article bibliographic list
1. Federal Law No. 144-FZ of 12.08.1995 (ed. Dated 30.12.2020) “On operational investigative activities”
2. Alferov V. Yu., Grishin A. I., Ilyin N. I. Legal bases of operational investigative activity: textbook. manual for students / Under the general editorship of V. V. Stepanov. – 3rd ed., ispr. and add. – Saratov: Saratov Socio–Economic Institute (branch) Plekhanov Russian University of Economics, 2016. – 296 p.
3. Fundamentals of operational investigative activity: Textbook. – 3rd ed., supplement and revision. / edited by A. E. Chechetin. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2007. – 236 p.
4. Khusainov R. R. Operational search activity as a type of law enforcement activity // Problems in Russian legislation. Law journal. Pravo. – 2015. – No. 1. – pp. 244-246.
5. Khusainov R. R. The ratio of operational-investigative and law enforcement activities // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. The right. – 2015. – № 4 (70). – Pp. 63-70.
CRIMINALISTICS
Shigalugova M. H., Fedina L. M.
Some problems of legal regulation of personal inspection and personal search
The article examines the essence and legal nature of such measures of state coercion as personal search and personal search, focusing on the problems of legal regulation of the inspection of a person in the framework of a preliminary investigation at the stage preceding the initiation of a criminal case. With the conducted research, the authors analyze not only the legal grounds for the use of these procedures by law enforcement agencies, but also gaps in domestic legislation related to their practical application.
Keywords: personal search, personal search, initiation of criminal proceedings, legal mechanisms, legal basis, law enforcement agencies.
The article bibliographic list
1. Bezrukov A.V., Zhiltsov A.V. Ensuring law and order in public places: determining priority when choosing a management method // Administrative law and process. – 2020. – No. 8. – pp. 18-21.
2. Bondarenko M. V., Stroeva O. A. Administrative prevention measures as a means of ensuring national security // Russian justice.- 2020. – No. 5. – pp. 5-8.
3. Kotlova A.V. Changes in advocacy and advocacy that came into force on March 1, 2020 // Eurasian Legal Journal. 2020 (142). No. 11. pp. 193-194.
4. Karapetyan M.E., Pronina I. V., Timoshenko L. P., Prusakova D. A. Ethical dilemma in an investment banking // Innovation & Investment. 2020. No. 5. pp. 161-164.
5. Matveeva E. S. The dual legal nature of personal inspection // Young scientist. – 2017. – № 2 (136).- Pp. 320-322.
6. Safonenkov P. N. Topical issues of the application of measures to ensure production in cases of violation of customs rules // Administrative and municipal law. – 2016. – No. 7. – pp. 548-554.
7. Sokolov A. Yu. Personal inspection, inspection of things that are with an individual, as measures to ensure production in cases of administrative offenses // Modern law. – 2011. – No. 3. – pp. 101-105.
8. Cherkasova E. K. Features of legal regulation and production of personal inspection // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 1. – pp. 57-60.
CRIMINOLOGY
Dolgushina L. V., Stupina S. A.
Twenty years of the fight against bribery
The article presents an analysis of the current state and dynamics of bribery in Russia based on statistical data for twenty years of the XXI century. In accordance with the trend, a permanent trend towards the growth of such types of corruption crimes has been established, regardless of the development and improvement of the regulatory framework for combating corruption. In comparison, the data of judicial statistics on the number of persons convicted of bribery are also considered.
Keywords: crime, state, dynamics, corruption, bribery, punishment.
The article bibliographic list
1. Judicial statistics data // Official website of the Judicial Department at the Supreme Court of the Russian Federation. [electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (Date of appeal – 07.04.2021).
2. The Prosecutor General’s Office has calculated the damage from corruption in Russia in 2020. [electronic resource]. – Access mode: https://life.ru/p/1383947 . (accessed: 07.04.2021).
3. Interview with the head of the Department for Supervision of the implementation of anti-corruption legislation of the Prosecutor General’s Office Viktor Baldin RIA Novosti (09.03.202l). [electronic resource]. – Access mode: https://ria.ru/20210309/korruptsiya-1600085410.html (date of appeal: 07.04.2021).
4. The state of crime. [electronic resource]. –Access mode: https://мвд.рф/folder/101762 /. (accessed: 07.04.2021).
CRIMINOLOGY
Patrusheva M. S.
Criminological characteristics of the personality of a minor criminal in rural areas:regional aspect
The article examines the criminological characteristics of the personality of a minor who committed a crime in rural areas of the Chelyabinsk region. Within the framework of the regional aspect, criminal cases against minors are analyzed. The works of domestic criminologists devoted to juvenile delinquency have been studied. Criminological characteristics of the personality of a minor criminal are given, which includes socio-demographic characteristics, criminal law, other social and psychological indicators. The distinctive features of the personality of a minor criminal are revealed within the specifics of rural areas, on the basis of which a portrait of the criminal is formed.
Keywords: juvenile delinquent, personality of a juvenile delinquent, criminological characteristics of personality, juvenile delinquency in rural areas, crime, regional aspect.
The article bibliographic list
1. Antonyan Yu.M., Afanasyeva O.R., Goncharova M.V., Rachitskaya V.A., Timoshina E.M. Criminal identity and crime prevention: monograph. – M.: Prospect, 2017. – 220 p.
2. Demidova-Petrova E.V. Juvenile delinquency in modern Russia: theoretical, methodological and applied problems of its cognition and prevention: dis. … doct. jurid. sciences’. – Kazan, 2019. – 625 p.
3. Zhadan V.N. On criminological characteristics of the personality of juvenile delinquents //Legal science. – 2019. – No. 8. – pp. 68-75.
4. Kushka M.G. Destructive child-parent relations as a factor of deviant behavior of a teenager // Social pedagogy in Russia. Scientific and Methodological journal. – 2019. – No. 5. – pp. 59-63.
5. Psychology of development. Dictionary. / Edited by A. L. Wenger. – M.: PER SE, 2015. – 176 p.
6. Sapronova N.A. Socio-typological characteristics of the personality of a minor criminal // Altai Bulletin of state and municipal service. – 2012. – No. 9. – pp. 68-71.
7. Sapronova N.A. Juvenile delinquency in rural areas and its prevention: dis. …cand. jurid. sciences’. – Barnaul, 2010. – 196 p.
8. Fedotova E.N. Personality features of a minor criminal // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 6. – pp. 147-150.
9. Shestakova E.V. General criminological characteristics of the personality of a minor criminal in the Ural Federal District // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017.– № 1 (31). – Pp. 62-68.
CRIMINOLOGY
Tolgurova Z. H., Napsokov A. R.
Criminological characteristics of the murder of a newborn child by a mother
The content of the article examines the features of the criminological characteristics of the murder of a newborn child by a mother, as a factor that destructively affects the development of social and moral relations, as well as the discrediting of criminal legal influence. The author of the article argues that the relevance and significance of the research topic is due not only to the level of public danger of crimes, but also to the growth of conditions and factors of infanticide. During the analytical study, official legal sources were used, as well as manuals and works on the study of the corpus delicti provided for in Article 106 of the Criminal Code of the Russian Federation in criminology and criminal law. The article presents an analysis of statistical data, as well as the specifics of solving the problem of infanticide and the need to study the identity of a woman who committed a crime when conducting a criminological characterization of a criminal act.
Keywords: criminological characteristics, crime, composition, woman, murder of a newborn, state bodies, destructive influence.
The article bibliographic list
1. The Criminal Code of the Russian Federation No. 64 FZ of June 13, 1996 (as amended on 02/24/2021) // SZ RF. – 1996. – No. 25. – Article 2954.
2. Criminology textbook for students of higher educational institutions studying in the direction of “Jurisprudence” / M. P. Kleimenov. – 3rd ed., reprint. And additional – M.: Norm: INFRA-M, 2018. – 399 p.
3. Danilova M. Yu. Criminal-legal and criminological characteristics of the murder of a newborn child by a mother // Young scientist. Jurisprudence. – 2018. – № 38 (224). – Pp. 114-116.
4. Analysis of the statistics of newborn murders and the work of baby boxes in Russia. – [Electronic resource].– Access mode: https://rvs.su/statia/analiz-statistikiubiystv-novorozhdennyh-i-raboty-bebi-boksov-v-rossii (date of application: 06.04.2021).
LAW ENFORCEMENT AGENCIES
Kashirgov A. H.
On the issue of the work of the district police commissioner at the administrative precinct
The service of district police commissioners is a key link in the system of the Ministry of Internal Affairs of Russia, as they are at the forefront of the fight against crime in a certain territory – an administrative area. To a large extent, ensuring public order and public safety in the assigned territory depends on their professionalism.
Keywords: internal affairs bodies, district police commissioners, interaction, cooperation, powers.
The article bibliographic list
1. Golovanova T. V. The district commissioner of the police in the metropolis – features of crime prevention // Actual problems of administrative and administrative procedural law:collection of articles based on the materials of the X anniversary International scientific and practical conference / Edited by A. I. Kaplunov. – St. Petersburg, 2019. – pp. 720-721.
2. Organization of activities of police services and units for the protection of public order and ensuring public safety / edited by V. V. Gordienko. – M., 2013. – p. 153.
3. Pavlova E. V., Sidorova M. V. Some problematic aspects of the work of the district police commissioner with persons under administrative supervision // Modern scientist. -2019. – NO. 3. – PP. 283-284.
LAW ENFORCEMENT AGENCIES
Kolenko R. S., Matveychuk N. S., Kobylinsky S. I.
Training of precinct police officers to take effective actions when detaining an offender armed with firearms: theoretical and practical aspects of implementation
This article discusses the main provisions related to the process of training future police officers in the specialty “District Police Commissioner”. The main attention is focused on the aspect of activity related to the implementation of the detention of an offender armed with firearms.
Such circumstances require special attention, which is associated with the practical complexity of interacting with an offender of this kind, as well as with the clear legislative consolidation of the rules for the use of physical force and special means by a police officer.
Keywords: physical training, moral training, activities of district police officers, detention.
The article bibliographic list
1. Botvin I. V. Socially dangerous consequences as a structural element of the composition of causing property damage by deception or abuse of trust // Bulletin of Tomsk State University. – 2014. – No. 382. – pp. 140-143.
2. Grichanov A. S. Features of professional training of future police officers at the stage of initial development of the specialty // Bulletin of the Kaliningrad Branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – № 2 (44). – P.118- 119.
3. Kolenko R. S., Karpenko E. E. On the question of the formation of psychological readiness of police officers to use physical force in professional activity // Actual problems of combating crimes and other offenses. – 2020. – No. 20-2. – pp. 212-213.
4. Kolenko R. S., Malchenkov E. V. Improvement of professionally applied physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Actual problems of combating crimes and other offenses. – 2018. – No. 18-2. – pp. 96-97.
5. Comprehensive analysis of the criminal situation in the region: theory, methodology, practice / R. M. Abyzov, E. R. Shestopalova, P. D. Frizen, A.V. Konyaev, etc., under the general ed. of Dr. Yurid. of Sciences, Prof. R. M. Abyzova. – Barnaul: BYU of the Ministry of Internal Affairs of Russia, 2018. – 299 p.
6. Maletin S. V., Grichanov A. S., Zuev V. M. The main directions of training cadets and students of educational organizations of the Ministry of Internal Affairs of Russia for future professional activity //The world of science, culture, education. – 2017. – № 5(66). – Pp. 145-147.
7. Features of the initial qualification and prevention of crimes considered by the district police commissioners / I. V. Botvin, O. V. Ermakova, R. A. Semenyuk, O. N. Headquarters, etc. – Barnaul: BYU of the Ministry of Internal Affairs of Russia, 2019. – 156 p.
LAW ENFORCEMENT AGENCIES
Kurshev D. E., Lashchenov M. S.
Some issues of structural construction of internal affairs bodies in air, water and rail transport in the system of the Ministry of Internal Affairs of Russia
The article discusses the issues of improving the efficiency of management of territorial bodies of the Ministry of Internal Affairs of Russia. One of the priority directions of increasing the efficiency of management is the improvement of the organizational structure of the transport police – internal affairs bodies in railway, water and air transport (hereinafter referred to as OVDT). The long-term unresolved structural and organizational issues continue to be a limiting factor in improving the efficiency of the internal affairs bodies as a whole and reduces the effectiveness of the legal and organizational measures taken by the State aimed at ensuring transport security.
Keywords: transport police, structural construction, organizational and structural design, structure optimization, management efficiency.
The article bibliographic list
1. Federal Law No. 3-FZ of 07.02.2011 (ed. From 06.02.2020) “About the police”, (Article 2). – [Electronic resource]. – Access mode from STRAS “Lawyer”.
2. Order of the Ministry of Internal Affairs of Russia dated 07.04.2020 No. 212 “On the redistribution of powers for operational maintenance of transport facilities”. – [Electronic resource]. – Access mode from STRAS “Lawyer”.
3. Order of the Ministry of Internal Affairs of Russia dated 07/23/2020 No. 513 “On Amendments to the Order of the Ministry of Internal Affairs of Russia dated 03/28/2015 No. 381 “On the organization of interaction of Territorial Bodies of the Ministry of Internal Affairs of Russia on railway, water and Air transport with other territorial bodies of the Ministry of Internal Affairs of Russia and the delimitation of operational service facilities”. –[Electronic resource]. – Access mode from STRAS “Lawyer”.
4. Order of the Ministry of Internal Affairs of Russia dated August 24, 2020 No. 592 “On Amendments to the Order of the Ministry of Internal Affairs of Russia dated 30.06.2011 No. 760 “On Approval of Placement Schemes and Subordination of Territorial Internal Affairs Bodies to Placement Schemes and Subordination of territorial bodies of the Ministry of Internal Affairs of Russia implementing the tasks and functions of internal affairs bodies in transport”.
5. Letter Prosecutor General of the Russian Federation Yu. Ya. Chaika dated 02.12.2016 No. 1-GP-173-2016. – [Electronic resource]. – Access mode: https://yandex.ru/turbo/fontanka/s/2016/12/15/115 / (accessed 12.02.2021).
6. Dzholdoshbekov T. M. Legal and organizational bases of interaction of internal affairs bodies on transport with territorial bodies of the Ministry of Internal Affairs of the Kurgyz Republic: abstract. dis. … cand. jurid. Sciences. – M., 2015.
7. Izvestia. The number of private security companies and private security guards is growing in Russia. – [Electronic resource]. – Access mode: http://izvestia.ru/news/584100 (date of application:09.12.2019).
8. The police on transport resisted cutting // Kommersant. – 2010. – January 20. – [Electronic resource]. – Access mode: http://www.kommersant.ru/doc/1306785 (accessed: 08.02.2021).
9. Official website of the Ministry of Internal Affairs of Russia. The state of crime in January-December 2010. – [Electronic resource]. – Access mode: https://мвд.рф/upload/site1/import/0e6b1bf0d3.pdf (date of application:08.02.2021).
10. Pittman R. Railway reforms in the post-Soviet space // Otechestvennye zapiski.– 2013. – № 3 (54). – Pp. 99-126.
11. Structure of the Ministry of Internal Affairs of the Russian Federation (scheme). – [Electronic resource]. – Access mode: https://media.mvd.ru/files/embed/961570 .
LAW ENFORCEMENT AGENCIES
Mansurova Z. R., Agliullin D. R.
Stress resistance of law enforcement officers
The article deals with stress tolerance in law enforcement officers whose professional sphere is connected with the “man-man” system. An important aspect in the activities of law enforcement officers is stress resistance, which is manifested under the influence of psychosocial factors, and is also individual for each individual.
Keywords: stress, mental resistance to stress, stress resistance, activity, stress factors.
The article bibliographic list
1. Mansurova Z. R. Features of the professionogram of law enforcement officers as civil servants // Actual problems of law and the state in the XXI century. – 2018. – Vol. 10. – No. 4. – pp. 45-47.
2. Stolyarenko A.M. Extreme psychopedagogy: a textbook for Universities. – M.: UNITY-DANA, 2002. – 607 p.
3. Subbotin S. V. Resistance to mental stress as characteristics of a teacher’s meta-individuality: dis. … Candidate of Psychological Sciences: 19.00.07. – Perm, 1992.– 152 p.
LAW ENFORCEMENT AGENCIES
Barchukov V. K.
Systematization of documented information through artificial intelligence with preservation of its legal status
This article discusses the possibility of adapting artificial intelligence elements to the processing of documented information without losing the legal status of the document. The author proposes a systematization of legally significant documented information, divided into five relatively homogeneous groups, depending on the form, type and subject that compiled this document.
The paper touches upon the issue of the procedure for giving the legal status of electronic information relevant to a particular criminal case, located on various media, including “cloud” electronic memory on the Internet. The author notes the particular urgency of the problem of ensuring control over the change in the legal status of the processed documentation within the framework of comprehensive
information support for the activities of law enforcement agencies.
Keywords: activity of law enforcement agencies, elements of artificial intelligence, tasks of automatic analysis of textual information, systematization of documented information, legal status of the document.
The article bibliographic list
1. Volynsky A. F., Prorvich V. A. Electronic legal proceedings on crimes in the field of economics: (scientific and practical aspects). – M., 2019.- 364 P.
2. Forensic economic expertise in criminal proceedings. 2nd ed. reprint. and add. Edited by Prof. Volynsky A. F. and Prorvich V. A. – M.: “Economics”, 2021. – 615 p.
PROSECUTOR’S SUPERVISION
Suleymanov T. A., Nazarkin E. V.,
Bodko S. P., Seisebaev V. K.
The effectiveness of prosecutorial supervision over the observance of legality in the activities of institutions and bodies of the criminal justice system
The article examines the issues of the effectiveness of prosecutorial supervision over compliance with the rule of law in the activities of institutions and bodies of the criminal justice system. The quality of prosecutorial supervision in this industry depends on the state of the rule of law in the institutions and bodies of the criminal justice system and the quality of protection of the rights and freedoms of convicts, suspects, accused persons in custody.
Keywords: prosecutorial supervision in the criminal justice system, rights and freedoms of the accused, convicted, legality, administration of the IU.
The article bibliographic list
1. Federal Law No. 2202-1 of 17.01.1992 (ed. Dated 30.12.2020) “On the Prosecutor’s Office of the Russian Federation”.
2. Grechin A.V. Analysis of the implementation and implementation of prosecutorial activities for compliance with and enforcement of laws in places of detention of the penal enforcement system of the Russian Federation (based on statistical data of the Prosecutor General’s Office of the Russian Federation and the prosecutor’s offices of the subjects). // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2019. – No. 4.- p.104.
3. Danilov I. B., Usmanova D. R. Problems of prosecutorial supervision and investigation of crime in places of deprivation of liberty. // Development of territories. – 2019. – № 2 (16). – P. 54.
4. Endoltseva A.V. Prosecutor’s supervision over the execution of laws by the administrations of places of detention of detainees and prisoners in custody. // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 5. – p. 128.
5. Board on the state of legality in the field of enforcement of legislation aimed at suppressing illegal methods of influence against convicted and detained persons. 23.04.2019.[Electronic resource]. – Access mode: https://genproc.gov.ru/smi/news/genproc/news-1599844/l .
6. Ministry of Justice: Russia in principle will not comply with some decisions of the ECHR. [electronic resource]. –Access mode: https://regnum.ru/news / polit/2630734.html (date of application: 21. 01.2021).
HUMAN RIGHTS
Demina E. P.
The role and place of the Commissioner for Human Rights in the system of state authorities
The article deals with the status and role of the Commissioner for Human Rights in the Russian Federation and the Commissioners for Human Rights in the subjects of the Russian Federation, on issues arising during the appointment and dismissal from office.
The object of the study is to analyze the procedure for the appointment and dismissal of the Commissioner for Human Rights in the Russian Federation and ombudsmen abroad. The subject of the study is the legal status of the Commissioner for Human Rights of the Russian Federation and ombudsmen abroad.
The purpose of the study: to give a comparative legal assessment of the features of various status elements of the Commissioner for Human Rights in the Russian Federation and the Ombudsman abroad on the basis of the above normative legal acts, to identify the parties that are strong and weak in regulating the legal status of the Commissioner for Human Rights in the Russian Federation in comparison with the Ombudsman abroad.
Various tasks were solved in the research on this topic: an analysis of the requirements that must be met by subjects wishing to take up the post of Commissioner for Human Rights in the Russian Federation and Ombudsman abroad and the procedure for terminating their powers was carried out.
In carrying out this scientific research, a comparative legal method was chosen, and methods of generalization, analysis of theoretical and regulatory sources, which are fixed in legislative acts of federal significance, were also applied.
The conclusion of the study is the proposals for correcting legislative gaps in the regulation of the legal status of the Commissioner for Human Rights in the Russian Federation and the Ombudsman abroad.
Keywords: Commissioner for Human Rights, Ombudsman, legal status, position, appointment, release, human rights, protection of rights.
The article bibliographic List
1. Federal Constitutional Law No. 1-FKZ of 26.02.1997 (as amended on 09.11.2020) “On the Commissioner for Human Rights in the Russian Federation”// The Assembly of the Legislation of the Russian Federation of March 3, 1997 – No. 9. – Article 1011.
2. The Law of St. Petersburg of December 30, 1997 No. 227-77 (ed. of 01.04.2003) “on the Commissioner for Human Rights in St. Petersburg” (adopted by the Law of St. Petersburg on December 17, 1997).
3. The Law of St. Petersburg of 15.06.2005 No. 302-34 (ed. of 08.06.2020) “On the Register of public positions of St. Petersburg and the Register of positions of the State civil service of St. Petersburg” (adopted by the Law of St. Petersburg 08.06.2005) // “St. Petersburg Vedomosti”. – No. 108. – 17.06.2005.
4. Bogdanova N. A., Kenenova I. P., Troitskaya A. A., Shustrov D. G. Constitutional law. General part: Educational and methodical manual for lectures and seminars (discipline program, lecture abstracts, workshop) / Edited by N. A. Bogdanova. – M.:Zertsalo, 2017. – 372 p.
5. Vagizov R. G. The concept of an ombudsman (Commissioner for human rights) in modern legal doctrine // Russian Justice. – 2008. – No. 11. – p. 40.
6. Vlasova G. B., Tsechoev G. H. The importance of human and civil rights and freedoms for the development of civil society // Young Scientist. – 2015. — No. 10. — pp. 900-903.
7. Galyautdinov B. S. The legal nature of the Institute of the Commissioner for Human Rights (Ombudsman) in the Russian Federation // Bulletin of the Penza State University. – 2014. – № 2 (6). – C. 40-47.
8. Grib V. V. Interaction of state authorities and civil society institutions in the Russian Federation: abstract. dis. … Doctor of Legal Sciences. – M., 2011.
9. Mshetsyan D. A. Problems and ways of improving the activities of the Institute of the Commissioner for Human Rights in the Russian Federation // Young Scientist. — 2017.— No. 11. — pp. 265-268.
10. Moskovskaya A.V., Petina O. V. Relevance of knowledge of human rights for modern Russia // Young scientist. — 2018. — No. 6. — pp. 27-28.
11. Nebratenko O. O. Judicial mechanisms for the protection of human rights at the domestic and international levels // Court Administrator. – 2017. –No. 3. – pp. 45-50.
12. Pamfilova E. A. Annual report of the Commissioner for Human Rights in the Russian Federation. Report for 2019. – M., 2020. – 246 p.
13. Shakhlarly O. S. The concept of the legal status of a person [Text] // Legal sciences: problems and prospects: materials of the IV International Scientific Conference (Kazan, May 2016). — Kazan: Buk, 2016. — pp. 29-32.
14. Shishlov A.V. Annual report of the Commissioner for Human Rights in St. Petersburg. Report for 2015. – St. Petersburg, 2016. – 112 p.
15. Khaflina R. O. The general doctrine of legal relations. – M.: Legal lit., 1974. – 351 p.
HUMAN RIGHTS
Pushkina A. A.
The value of human rights in the era of digitalization
The development of values is associated with a certain assessment of a fact, event and phenomenon of public life. Being a philosophical category, values get their development in the legal space. In a concentrated form, values are contained in the Basic Law of the Russian Federation – the Constitution. The change in social interaction within society and its needs, due to the widespread introduction of digital technologies, necessitates changes in legal regulation in accordance with constitutional values.
The article deals with the issues of legal regulation of human rights protection, which is undergoing changes in the conditions of digitalization development. The search for a balance between private and public interests, protection of personal data, freedom of access and dissemination of information and its restrictions in the public interest remains relevant.
Keywords: human rights, digitalization, Internet, constitutional rights, values.
The article bibliographic list
1. Avakian S.A. Globalization, common constitutional values and national regulation // National interests. 2001. No. 4. pp. 44-47.
2. Zorkin V.D. “Law in the digital world. Reflection on the margins of the St. Petersburg International Legal Forum”// Rossiyskaya Gazeta—Stolichny issue. No. 115 (7578).
3. Kutafin O.E. Russian Constitutionalism. Moscow, 2008. 544 p.
4. Lektorskiy V.A. Human rights in the context of globalization // Universal Declaration of Human Rights: universalism and diversity of experiences. M., 2009. pp. 43-52.
5. Novoselova L., Gabov A., Savelyev A., Genkin A., et al. Digital rights as a new object of civil law // Law. 2019. No. 5. pp. 31-54.
6. Khabrieva T.Ya., Chernogor N.N. Law in the conditions of digital reality // Journal of Russian Law. 2018. No. 1. pp. 85-102.
HUMAN RIGHTS
Safikhanli A.M.
The role of national human rights institutions in achieving sustainable development goals
The Sustainable Development Goals (SDGs), also known as the Global Goals, were adopted by all United Nations Member States in 2015 as a universal call for action to eradicate poverty, protect the planet and ensure that all people live in peace and prosperity by 2030.
The seventeen SDGs are integrated, meaning they recognize that actions in one area will affect results in others and that social, economic and environmental sustainability must be balanced in the development process.
Given the convergence of the SDGs and human rights standards, national human rights institutions can play a key role in the practical implementation of the SDGs on the ground. Their diverse functions enable them to act as accountability actors in the implementation of the SDG framework.
The article analyzes the role of national human rights institutions in achieving the Sustainable Development Goals, provides a comparative analysis of their activities in international and national practice.
Keywords: human rights, national human rights institutions, Sustainable Development Goals, Merida Declaration.
The article bibliographic list
1. Safikhanli A.M. Models of national human rights institutions and the main directions of their activities // Eurasian Law Journal. – №2 (141). – 2020. – P. 375.
2. Safikhanli A.M. The role of national human rights institutions in the promotion and implementation of the UN guiding principles in the field of business and human rights// Journal International Legal Courier. [electronic resource]. – Access mode: http://inter-legal.ru/rol-natsionalnyh-pravozashhitnyh-uchrezhdenij-vprodvizhenii-i-realizatsii-rukovodyashhih-printsipovoon-v-sfere-biznesa-i-prav-cheloveka.
3. 2020 Annual Report of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan on the protection of human rights in Azerbaijan. [electronic resource]. – Access mode: https://ombudsman.az/en / view/pages/59/
4. Aligning Poverty Reduction & Measurement with Human Rights & SDGs. The role of National Human Rights Institutions. [electronic resource]. – Access mode: http://ennhri.org/wp-content/uploads/2019/09/Leaflet-Aligning-Poverty-Reduction-Measurement-with-Human-Rights-SDGs.pdf.
5. DIHR & CESR, 2015, Realizing rights through the sustainable development goals: The role of national human rights institutions: [Electronic resource]. – Access mode: https://www.humanrights.dk/publications / realizing-rights-through-sustainable-development-goalsrole-national-human-rights.
6. DIHR 2016, Human Rights in Follow-up and Review of the 2030 Agenda for Sustainable Development: bit.ly/followreview and DIHR 2017, Human Rights and Data – tools and resources for sustainable development: [Electronic resource]. – Access mode: bit.ly/humanrights-data .
7. ENNHRI, ANNHRI & UNDP, 2016, Role of National Human Rights Institutions in implementing the 2030 Sustainable Development Agenda and the Sustainable Development Goal, Conference report. [electronic resource]. – Access mode: http://bit.ly/2tl8R5Z .
8. Merida Declaration. [electronic resource]. – Access mode: http://nhri.ohchr.org/EN/ICC/
InternationalConference/12IC/Background%20 Information/Merida%20Declaration%20FINAL.pdf.
9. National Human Rights Institutions Engaging With The Sustainable Development Goals (Sdgs). [electronic resource]. – Access mode: https://nhri.ohchr.org/EN/News/Documents/GANHRI_NHRIs%20engaging%20with%20the%20SDGs.pdf .
10. National Human Rights Institutions, History, Principles, Roles and Responsibilities, Professional Training Series № 4 (Rev. 1) UNITED NATIONS New York and Geneva, 2010. [electronic resource]. – Access mode: https://www.ohchr.org/Documents/Publications/PTS-4Rev1-NHRI_en.pdf .
11. OHCHR, 2015, Human Rights in the 2030 Agenda for Sustainable Development. [electronic resource]. Access mode: http://www.ohchr.org/Documents/Issues/MDGs/Post2015/HRAndPost2015.pdf .
12. Principles relating to the Status of National Institutions (The Paris Principles), https://nhri.ohchr.org/EN/ AboutUs/Pages/ParisPrinciples.aspx.
13. Sustainable Development Goals. [electronic resource]. – Access mode: https://en.wikipedia.org/wiki/Sustainable_Development_Goals .
14. The Edinburgh Declaration. [electronic resource]. -Access mode: https://www.ohchr.org/Documents/AboutUs/NHRI/Edinburgh_Declaration_en.pdf
15. The Human Rights Guide to the Sustainable Development Goals. [electronic resource]. – Access mode: http://sdg.humanrights.dk /.
16. UN General Assembly, 20th Session, October 21, 2015, Transforming our world: the 2030 Agenda for Sustainable Development, UN Doc., A/RES/70/1.
17. Vienna Declaration and Program of Action, supra n 2 at para 36. [Electronic resource]. – Access mode:https://www.ohchr.org/Documents/ProfessionalInterest/vienna.pdf.
18. What the SDGs Mean? [electronic resource]. – Access mode: https:// www.un.org/en/chronicle/article/whatsdgs-mean .
STATE AND LAW
Biyarslanova A.M.
Mass media is an important tool in the fight against corruption and in the formation of an intolerant attitude towards its manifestations in society
The article analyzes the essence of corruption, its varieties and manifestations. The author also considers ways to combat this social phenomenon and suggests ways to solve this problem. In Russia, as in other countries, they fight corruption, and they do it with the help of various tools. One of such tools can include mass media (mass media), which include television and radio programs, printed publications, as well as the Internet. The role of mass media in combating corruption is particularly deeply considered. The paper considers the tasks of the media in combating corruption to ensure stable and democratic socio-economic development of the state.
Keywords: corruption, mass media, mass media, journalist, anti-corruption, bribery, abuse of authority.
The article bibliographic list
1. Corruption in the media is covered biased. [electronic resource]. – Access mode: https://regnum.ru/news/society/2597584.html (date of application:13.04.2021).
2. Anti-corruption: textbook / ed. by I. V. Godunov. ed. reprint. and additional — M.: Institute of Design Automation of the Russian Academy of Sciences, 2020.
3. The role of the media in the fight against corruption. [electronic resource]. – Access mode: https://komanda2.ru/article-rol-smy-v-borbe-s-korrupciey / (date of application: 04/13/2021).
STATE AND LAW
Gabdulkhakova R. V., Kozlova Yu. B., Grogulenko N. V.
Media image: modern interpretations and approaches to the study
The article attempts to assess the degree of development of the conceptual field of the media image and identify trends in the study of the media image, based on existing factual material.
Keywords: mass media, media image, content analysis, media image.
The article bibliographic list
1. Bogdan E. N. Media image of Russia as a concept of journalism theory // Bulletin of the Moscow University. Ser. 10: Journalism. – 2007. – No. 4. – p. 124.
2. Galinskaya T. N. The concept of media image and the problem of its reconstruction in modern linguistics //Bulletin of OSU. – 2013. – № 11 (160). – P. 91.
3. Gerd A. S. The Great Academic Dictionary of the Russian Language. Vol. 13. – M., 2009.
4. Kozlova Yu. B., Kostyleva E. G., Akhmetyanova E. I. Formation and features of the promotion of the Russian national idea by means of advertising and communications with the public // Eurasian Legal Journal. – 2017. – № 5 (108). – Pp. 311-312.
5. Kozlova Yu. B., Kostyleva E. G., Akhmetyanova E. I. The role of advertising and public relations in promoting the national idea in Russian regions on the example of the Republic of Bashkortostan // Economics and Management in the XXI century: science and Practice. – 2017.- No. 4. – pp. 225-236.
6. Nadezhdin E. N. The task of identifying a chain of keywords and sentences in semantic text analysis // Scientific Almanac. – 2015. – № 9 (11). – Pp. 773-778.
7. Mikrina V.G. The history of the emergence and features of the development of human labor rights // Eurasian Legal Journal. 2019 (129). No. 2. pp. 205-207.
8. Ozhegov S. I. Explanatory dictionary of the Russian language. – M., 2003.
9. Khochunskaya L. V. The phenomenon of media image: socio-psychological aspect // Bulletin of the RUDN, a series of Literary studies. Journalism. – 2013. – No. 2. – p. 92.
STATE AND LAW
Sochneva E. N., Chervyakov M. E.
Organizational and legal issues of remote work in Russia
The article deals with the legal issues of the introduction of remote work in Russia, shows common trends with foreign practice, identifies shortcomings of existing legislation. Digitalization has given impetus to the development of remote work in Russia.
The types, forms and conditions of remote work have been introduced into the labor legislation. Similar legal constructions of remote work also exist in foreign practice. However, a number of aspects are not taken into account, in particular, issues of ensuring labor safety, rationing of such an employee, etc. The work justifies the inevitability of a complete transition to remote forms of work.
Keywords: remote work, digitalization, forms of work, modes, working conditions.
The article bibliographic list
1. Kosmach U.B. Legal bases for regulating the work of remote workers in Russia and foreign countries. Russia – Asia – Africa – Latin America: the Economy of mutual trust // Materials of the X Eurasian Economic Youth Forum. In 3 volumes. Responsible for the release: Ya.P. Silin, R.V. Krasnov, E.B. Dvoryadkina. Publishing house: Ural State University of Economics (Yekaterinburg). 2019. pp. 79-81.
2. Guide for employers. Geneva: International Labour Office, May 2020. p. 8.
POLITICS AND LAW
Mityaeva Yu. V., Vidova T. A., Golovastova Yu. A.
The political and legal aspect of modeling the electoral system of Russia
The article examines the emergence and development of the electoral system of Russia. On the basis of historical and political-legal analysis, the formation of the institution of elections, electoral principles and technologies, the choice of the electoral model of Russia is shown.
The effectiveness of the current electoral model is evaluated and proposals
are made to improve it.
Keywords: electoral system, electoral model, electoral institute, electoral reforms.
The article bibliographic list
1. Vedeneev Yu. A., Bogodarova N. A. (ed.) Essays on the history of elections and electoral law. Kaluga, Moscow: Symbol Foundation, 2007.
2. Vidova T. A., Golovastova Yu. A. The Third June political system in Russia: political prerequisites and historical consequences // Eurasian Law Journal. – 2019. – № 6 (133). – P. 100.
3. Vidova T. A., Golovastova Yu. A. The Third June political system in Russia: political prerequisites and historical consequences // Eurasian Law Journal. – 2019. – № 6 (133). – P. 101.
4. Ivanchenko A. A., Lyubarev A. E. Russian elections from perestroika to sovereign democracy. – Moscow: Aspectpress, 2006. – 222 p.
5. Karpikova E. M. The main innovations of the legislation on elections in 2020. [electronic resource]. –Access mode: http://www.sverdlovsk.izbirkom.ru/obuchenie/izm2020.pdf (date of appeal: 03/22/2021).
6. Kayunov O.N. Invisible logic of electoral laws. M.: Magister, 2008.
7. Mityaeva Yu. V. Voting at the place of residence:”pros and cons”// Elections: theory and practice. -2017. – № 4 (44). – P. 11.
8. Mityaeva Yu. V. Innovations of the electoral legislation of 2017 // Elections: theory and practice. -2017. – № 2 (42). – P. 38.
9. Partugimov V. V. Building a civil society in modern Russia as a necessary condition for political modernization // Legal policy and legal life. – 2012. – No. 2. – pp. 12-13.
10. Smolina V. G. Electoral law of Russia: evolution of development // Society and elections: ways of development of the electoral system of Russia: collection of materials scientific-practical conference – Irkutsk, 2011. – p. 57.
POLITICS AND LAW
Fadeev K. V., Nurislamov A. A.
Typology of electoral processes of recruiting the political elite of the Lower house of the Russian Parliament at the present stage
The article examines the types of target, transit, transit-target and cyclical-target types of electoral political-elite recruiting proposed by the authors in modern Russia both as a whole and within the framework of electoral processes for elections to the State Duma. The latter type is divided into two subtypes: re-electoral and electoral-confirmatory. It is obvious that the second subtype is characteristic of recruiting election campaigns for elections to the lower house of the Russian parliament.
Keywords: Russia, State Duma, recruitment, political elites, electoral processes, types, political actors.
The article bibliographic list
1. Burdyugov V. The future of the Kremlin parties, including the Communist Party, is not so cloudless. – [Electronic resource]. – Access mode: https://www.forum-msk.org/material/politic/423897.html (date of publication:07.01.2008) (date of address: 27.03.2021).
2. Zhirinovsky Vladimir Volfovich. – [Electronic resource]. – Access mode: http://www.duma.gov.ru/duma/persons/99100142 (date of application:27.03.2021).
3. Zyuganov Gennady Andreevich. – [Electronic resource]. – Access mode: http://www.duma.gov.ru/duma/persons/99100171 (date of appeal: 03/27/2021).
4. The Kremlin’s pocket opposition and the protesting people. Sad realities of Russian politics. –[Electronic resource]. – Access mode: https://www.iov75.livejournal.com/1507432.html (date of publication: 19.12.2011) (date of reference: 27.03.2021).
5. Mironov Sergey Mikhailovich. – [Electronic resource]. – Access mode: http://www.duma.gov.ru/duma/persons/99107891 (accessed: 03/27/2021).
6. Neverov Sergey Ivanovich. – [Electronic resource]. – Access mode: http://www.duma.gov.ru/duma/persons/99100713 (date of application:27.03.2021).
7. Fadeev K. V. Specifics of studying the problem of apolitism in the public environment through the prism of conceptual and political analysis // Eurasian Legal Journal. – 2020. – № 10 (149).– Pp. 388-389.
PEDAGOGY AND LAW
Matveev A. S., Mullagaliev A. N.,
Minigaleev I. H., Yachmenev S. P.
Improvement of tactical actions of taekwondo athletes studying in educational organizations of the Ministry of Internal Affairs of Russia
The article deals with the problems of modern technical training of taekwondo students of educational organizations of the Ministry of Internal Affairs of Russia. The studies were conducted at the bases of the Taekwondo Union of the Republic of Bashkortostan, they were attended by taekwondists 18-20 years of age of the training group of the third year of study. The tactics of combat play an important role in the outcome of the duel in martial arts, in particular in taekwondo.
Keywords: taekwondo, training process, technical readiness, sport, tactical actions.
The article bibliographic list
1. Abdrakhmanov E.V., Nukhov R.R., Matveev A.S. Improvement of technical and tactical actions of kickboxers at the stage of sports specialization //Materials of the XIII International scientific and practical conference “Actual problems of physical culture, sports and tourism” dedicated to the 70th anniversary of the Department of Physical Education of UGATU. 2019. pp. 326-330.
2. Kim V.O., Matveev A.S. Features of endurance training in preparation for service biathlon in students of educational organizations of the Ministry of Internal Affairs of Russia In the collection: Physical education and sport: topical issues of theory and practice. Collection of articles of the All-Russian Scientific and Practical Conference. Editors A.A. Tashiyan, V.M. Barshay, T.A. Stepanova. 2020. pp. 72-77.
3. Matveev A.S., Mingulov I.R., Mullagaliev A.N., Sayfutdinov V.V., Prokofiev V.V. Research of technical readiness of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia in a boxing match // Eurasian Legal Journal. 2020. No. 11 (150). pp. 447-448.
4. Matveev S.S. Social determination of changes in the biotic potential of the population of modern regional society: dis. … cand. social sciences:22.00.04. Ufa, 2007.
5. Matveeva L.M. Social problems of physical culture and recreational activity: dis. … cand. Social Sciences: 22.00.04. Ufa, 2004.
PEDAGOGY AND LAW
Popova N. V., Zhelonkin V. V., Zavgorodny A. G.
Programmed educational materials as didactic means of active cognitive activity of students
In this scientific article, programmed educational materials are considered as didactic means of active cognitive activity of cadets-students at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia and the Altai State Pedagogical University. The basic concepts of “programmed educational materials”, “didactic tools”, “tools”, “cognitive activity”, “cognitive activity”, “motivation” are revealed.
The training programs of branched type, combined type, control programs of selective type are analyzed. A study was conducted that showed that the organization of independent work of cadets-students on programmed materials significantly activates their cognitive activity and increases the pedagogical effectiveness of the educational process. The fundamental difference of our approach is that the use of
in the educational process of programmed materials, it contributes to the creation of cadets-students’ attitudes to the qualitative development of educational material throughout the entire period and acts as a link in the “cadet-teacher”, “student — coach” system.
Keywords: programmed educational materials, didactic means, means, cognitive activity, cognitive activity, motivation, branched type training program
, combined type training program, selective type control program.
The article bibliographic list
1. Bayankina D.E. Organizational features of independent work of students in the process of stimulating cognitive activity // The world of science, culture, education. 2016. No. 6 (61). pp. 126-129.
2. Bayankin O.V., Kispaev T.A. Socio-pedagogical conditions for the implementation of distance learning in the educational environment of the Institute of Physical Culture and Sports // The world of science, culture, education. 2018. No. 5 (72). pp. 256-260.
3. Botvin I. V., Ermakova O. V., Repyeva A.M. Compulsory measures of educational influence:yesterday, today, tomorrow: a study guide. Barnaul: ABC, 2018.
4. Knyazev S.A., Kornaushenko A.V., Vorobyova O.I. Problems of formation of professional culture of the personality of a future specialist in the course of training sessions // Problems of modern pedagogical education. 2020. No. 68-3. pp. 135-137.
5. Knyazev S.A., Kornaushenko A.V., Weber D.A. Preparing students for socio-political activity at the level of modern requirements // Problems of modern pedagogical education. 2020. No. 68-3. pp. 131-135.
6. Popova N.V. Pedagogical system of application of stimulation of cognitive activity of students in teaching // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. 2005. No. 9. pp. 142-144.
7. Popova N.V. Point-rating system for assessing the training of students of the Institute of Physical Culture and Sports // Proceedings of Tula State University. Pedagogy. 2018. No. 3. pp. 72-76.
8. Popova N.V. Independent work as a means of stimulating cognitive activity of students // In the collection: Science and innovation in modern conditions. Collection of articles on the results of the International Scientific and Practical Conference. 2018. pp. 66-68.
9. Sheenko E.I., Bayankin O.V., Valynkin R.O. On an integrated approach to assessing physical culture of students // Problems of modern pedagogical education. 2020. No. 68-4. pp. 276-280.
PEDAGOGY AND LAW
Ponkina E. S., Andreeva L. M.
Features of distance learning for students
Modern technological features of distance learning of students are considered.
Keywords: distance learning, education, teacher.
The article bibliographic list
1. Bataev A.V. Analysis of the world market of distance education // Young scientist. – 2015. –№ 20 (100). – Pp. 98-125.
2. Zheludkova L. I. Distance education as an innovative form of education // Pedagogy. –2013. – № 3.
3. Ibragimov I. M. Information technologies and means of distance learning [Text]. – M.:”Academy”, 2012 – 336 p.
4. Mikrina V. G. The history of the emergence and features of the development of human labor rights // Eurasian Legal Journal. 2019 (129). No. 2. pp. 205-207.
5. Mikrina V. G. The role of the International Labor Organization in the protection and promotion of human labor rights // Eurasian Legal Journal. 2018 (126). No. 11. pp. 165-169.
6. Ponkina E. S. Neuropedagogic model as a predictor of improving the educational process in higher education // Scientific Almanac / Modern society, education and science / Collection of proceedings of the RSCI. – Tambov, 2015. – № 10-2 (12). – P. 360.
7. Tokmyanin V. V. Distance education: dependence of quality on the form of education // Theory and practice of education in the modern world: proceedings of the International scientific conference. – St. Petersburg: Renome, 2012. – 372 p.
8. Shilova L. I. Distance learning – problems and prospects of development in the system of additional education // Perspective. – 2015. – No. 9. – pp. 12-20.
9. Yarovova T. V. Higher education in the global economy: analysis of trends in the development of a modern university // Pedagogical education and science. 2018. No. 2. pp. 84-86.
10. Yarovova T. V. Spiritual and moral education in the formation of students’ personality // Education and society. 2015. No. 2 (91). pp. 12-15.
PEDAGOGY AND LAW
Titova O. Z.
Features of teaching penitentiary vocabulary by the example of authentic English texts
The article discusses the features of teaching penitentiary vocabulary on the example of authentic texts. The author substantiates the specifics of the formation of the lexical component of foreign language communicative competence, reveals the concept of “lexical units”, explains the ways of introducing new lexical material based on the test “Prisons of England and Wales”. The article presents exercises aimed at working out and fixing penitentiary vocabulary.
Keywords: penitentiary vocabulary, teaching of a foreign language, formation of lexical skills, foreign language communicative competence, students of departmental universities.
The article bibliographic list
1. Badalyan A. H. Formation and development of lexical skills in the process of teaching a foreign language. — Text: direct // Young scientist. — 2018. — № 13 (199). — Pp. 111-113. [Electronic resource]. – Access mode: https://moluch.ru/archive/199/49000 / (accessed: 04/16/2021).
2. Bim I. L., Khutorskoy A.V. Competence approach to education and teaching foreign languages // Competence in education: design experience: collection of scientific tr. / edited by A.V. Khutorsky. – M.: Scientific and innovation enterprise “INEK”, 2007. – 327 p.
3. Gurkina A. L. Development of foreign language communicative competence as the main goal of teaching a foreign language. — Text: direct// Young scientist. — 2015. — № 12 (92). — Pp.726-729. [electronic resource]. – Access mode:https://moluch.ru/archive/92/20035 / (date of request:15.04.2021).
4. Kuznetsova E. P., Devyatova S. A. The role of grammatical skills in the system of formation of foreign language communicative competence // Modern philology: materials of the V International Scientific Conference (Samara, March 2017). – Samara: ASGARD, 2017. – pp. 53-55.
5. Leontiev A. A. Psychological and pedagogical foundations updating the methodology of teaching foreign languages: Lecture-report.. – Moscow: Research Center for Quality Problems of training specialists, 1998. – 24 p.
6. Sevostyanova A. G. Methodological features of teaching a foreign language in departmental universities of the Federal Penitentiary Service of Russia // Bulletin of the Samara Law Institute. – 2017. – № 4 (26). – Pp. 109-115.
7. Shchukin A. N. Teaching foreign languages: Theory and practice: textbook. – M.: Filomatis, 2010.
SOCIOLOGY AND LAW
Bikmetov E. Yu., Shayakhmetova R. R., Akhmadeeva A. A.
Conceptual foundations of the strategy of personal labor behavior
The article analyzes the conceptual foundations of the strategy of personal labor behavior through the prism of needs, value orientations, social attitudes, goals of the actors passing through the filters of the level of claims, structural capabilities, structural constraints. The authors substantiate the content and structure of strategic labor behavior from a sociological point of view, in which the potential of the subject of socio-economic relations is realized. Theoretical interpretations of the concepts of “strategy”, “strategic approach”, “strategic behavior and “strategic thinking” are given. The strategies of labor behavior are substantiated, in which an important element is life determination based on the motivational component.
Keywords: strategy, strategic behavior and action, strategic thinking, labor potential.
The article bibliographic list
1. Abulkhanova-Slavskaya K.A. Strategy of life. M.:Mysl, 1991. 304 p.
2. Bikmetov E.Yu., Ruvenny I.Ya. Strategic management thinking: problems of formation and means of evaluation // Innovative technologies of management of socio-economic development of regions of Russia. Materials of the XII All-Russian Scientific and Practical Conference with international participation. Ufa: ISEI UFIC RAS, 2020. pp. 94-99.
3. Borisov K., Shayakhmetova R.R. Theoretical and methodological approaches to the analysis of the concept of “labor” // The Scientific Heritage. 2019. № 42-3 (42). pp. 62-64.
4. Bourdieu P. Some properties of fields. [electronic resource]. – Access mode: http://bourdieu.name/content/nekotorye-svojstva-polej (date of application:1.04.2021).
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6. /burde_p_/page0/struktura__gabitus__praktika__pierre_bourdieu__le_sens_pratique_.html > (accessed: 1.04.2021).
7. Weber M. Selected works: trans. from it. /comp., general ed. and afterword by Yu.N. Davydov. M.:Progress, 1990. 808 p.
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9. Nemirovskaya A.V. Structure and dynamics of life orientations of the population in the context of reforming Russian society // Bulletin of the Krasnoyarsk State University. Ser. Humanities. 2005. No. 6. pp. 86-89.
10. Radaev V.V. Sociology of markets: towards the formation of a new direction. Moscow: Higher School of Economics, 2003. 328 p.
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16. Knights D., Morgan G. The concept of strategy in sociology: a note of dissent // Sociology. 1990. Vol. 24(3).P. 475-483.
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SOCIOLOGY AND LAW
Volkov V. A.
On improving the effectiveness of police interaction with civil society institutions
The article discusses the issues of improving the effectiveness of police interaction with civil society institutions. The proposed promising forms of interaction of the subjects under consideration are justified in the context of existing ideas about the essence of civil society and are conditioned by the development of modern trends in civic activity. As the main problem, the author notes the imperfection of the organizational and legal mechanism for regulating the relationship between the police and civil society institutions in the law enforcement sphere, the presence of legislative conflicts in the law enforcement practice of federal laws and departmental regulatory legal acts, and therefore, the increase in the effectiveness of interaction is determined by improving both the legal and organizational foundations of the modern police.
Keywords: Civil society, public associations, law enforcement, police, effective interaction, public trust.
The article bibliographic list
1. Volkov Yu. G., Lubsky A.V. Russian reality in the space of sociological discourse. – Rostov-on-Don: Publishing House of the Southern Federal University, 2019. – 270 p.
2. Lashchenov M. S. On the readiness of internal affairs bodies to form a social partnership in the law enforcement sphere // Socio-humanitarian knowledge. – 2017. – No. 3. – pp. 326-334.
3. Maksimova S. G., Noyanzina O. E., Omelchenko D. A., Surtayeva O. V. institutional trust and development of civil society in the Altai Territory //Bulletin of the Altai State Agrarian University. – 2017. – № 6 (152). – Pp. 185-189.
4. Usov S. G., Laschenov M. S. Modernization of approaches to assessing the activities of territorial bodies of the Ministry of Internal Affairs of Russia // International Journal of Humanities and Natural Sciences. – 2021. – № 3-1 (54). – Pp.259-264.
SOCIOLOGY AND LAW
Ulanov A. A.
Fraudulent manipulations in Internet communications (on the example of the dating site “Mamba”)
The article discusses the problem of fraudulent manipulations and their specifics on the Internet. The analysis of manipulative technologies is carried out on the example of the dating site “Mamba”.
Keywords: Internet communication, manipulation, fraud, dating site.
The article bibliographic list
1. Kara-Murza S. G. Manipulation of consciousness. – M.: Eksmo, 2003.
2. Lukmanova R. H., Sirazetdinova M. F. Basic principles of countering manipulation of consciousness // Bulletin of the Volgograd University. Series 7. Philosophy. Sociology and social technologies. – 2016. – № 1 (31). – Pp. 43-49. [electronic resource]. – Access mode: http://dx.doi.org/10.15688/jvolsu7.2016.1.6
3. Ulanov A. A. Basic provisions of virtual communication // The state of the future: actual problems of socio-economic and political-legal development. Collection of articles of the V International Scientific and Practical Conference dedicated to the 75th anniversary of Victory in the Great Patriotic War on May 21, 2020 – Ufa: Publishing House of USPTU 2020, 2020. – pp. 325-327.
ECONOMIC SCIENCES
Altukhov A.V., Gostilovich A. O., Kashkin S. Yu.
Platform law in the regulation of the sharing economy
The innovative economy combined with the global technical modernization of a great variety of processes in society has led to an increase in the popularity of sharing both in Russia and abroad. The active introduction of the economic model of joint consumption in the market of goods and services has made the economy of our country more dynamic and consumer-oriented. At the same time, the popularity of the sharing economy in the activities of online platforms entails a clear need to create platform law using artificial intelligence technologies as a source of legal norms regulating public relations related to the functioning of platforms in the field of economic processes, in particular, in the economy of shared consumption. The paper considers the main features of sharing in the online space that require specialized legal regulation. The problems existing in the legislative framework of this area are highlighted.
Keywords: sharing economy, sharing, digital platforms, artificial intelligence, Internet of things, law, platform law, integration
law.
The article bibliographic list
1. Altukhov A.V., Efimov A.V. Industrial platforms for creating a light-color environment in a “smart” city // Decorative art and subject-spatial environment. Bulletin of MGHPU. – 2019. – No. 4. – pp. 133-143.
2. Bychkov A. I. Legal regulation of the economy of joint consumption: monograph. – M.: Infotropik, 2019. – 136 p.
3. Kashkin S. Yu. Integration law – the most important component of legal globalism // International legal readings. – Vol. 14. – Voronezh, 2014. – pp. 19-32.
4. Kashkin S. Yu., Altukhov A.V. In search of the concept of legal regulation of artificial intelligence:Platform legal models // Bulletin of the O. E. Kutafin University. – By 2020. – Vol. 68. – No. 4. – pp. 26-40.
5. Lymar E. N. The economy of joint consumption in modern Russia // Bulletin of ChelSU. Economic sciences. – 2018. – № 12 (422). – Issue 63. – pp. 67-72.
6. Sadovskaya A. G. The main aspects of the functioning of the sharing economy / A. G. Sadovskaya // Bulletin of Modern Research. – 2018. – № 9.4 (24). – P. 252 – 254.
7. Tagarov B. J. Factors of freelance market development in the information economy // Creative Economy.- 2018. – Vol. 12. – No. 10. – pp. 1703-1714.
8. Tagarov B. Zh. The phenomenon of business uberization and its boundaries // Creative Economy. – 2019. – Vol. 13. – No. 1.– pp. 93-104.
9. Birdsall M. Carsharing in a sharing economy // GO to the Journal (Institute of Transportation Engineers). – 2014. – Vol. 84 (4). – Pp. 37-40.
10. Botsman R. What’s Mine Is Yours: The Rise of Collaborative Consumption / R. Botsman, R. Rogers. – Harper Business, 2010. – 304 p.
ECONOMIC SCIENCES
Gulyaeva T. I., Takmakova E. V.
Influence of the mechanism for determining state minimum social standards by means of median indicators on the incomes of the Russian population
The authors analyzed the possible consequences of the adoption of Federal Law No. 514-FZ “On Amendments to the Federal Law “On the Subsistence Minimum in the Russian Federation” and Article 1 of the Federal Law “On the minimum wage”; an assessment of the possible positive and negative impact of the definition of state minimum social standards on the incomes of the Russian population.
Keywords: income of the population, standard of living, subsistence minimum, minimum wage.
The article bibliographic list
1. Federal Law No. 514-FZ of December 30, 2020 “On Amendments to the Federal Law “On the Subsistence Minimum in the Russian Federation” and Article 1 of the Federal Law “On the Minimum Wage”.– [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc ;base=prj;n=199827#06462394181639702.
2. Explanatory Note to the draft Federal Law No. 514-FZ “On Amendments to the Federal Law “On the Subsistence Minimum in the Russian Federation” and Article 1 of the Federal Law “On the Minimum Wage”.– [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_372714/3d0cac60971a511280cbba229d9b6329c07731f7 /.
3. Conceptual and methodological approaches to the definition of the poverty line in foreign countries. Analytical Center under the Government of the Russian Federation. –[Electronic resource]. – Access mode: mintrud.gov . ruuploadsmagicru-R.
4. Frolova E. B., Velikanova T. B. Methodology for measuring relative poverty // Standard of living of the population of the regions of Russia. – 2012. – No. 10-11. – pp.89-98.
ECONOMIC SCIENCES
Gorchak M. O.
Professional development of customs personnel
The scientific article is devoted to the research analysis of the main directions and ways of improving the management system for the development of personnel of the customs authorities of the Russian Federation. The relevance of the study is due to the lack of necessary professional personnel and specialists in the system of customs regulation, which is why there is an urgent need to modernize technologies for the development of personnel policy.
Within the framework of the article, the peculiarities of the development of the personnel policy of the customs authorities of Russia are considered. The main problems of personnel policy development in the customs administration bodies are analyzed. Measures and mechanisms for the development of customs personnel are proposed.
Keywords: personnel reserve; personnel policy; personnel management; personnel reserve development; customs authorities; personnel.
The article bibliographic list
1. Barankova V. V., Surnik A. P. The concept and content of the personnel potential of customs authorities //Actual problems of aviation and cosmonautics. -2016. – № 12.
2. Zudenkova S. A. Personnel policy of the state body: approaches to formation // Bulletin of the GUU.- 2018. – № 9.
3. Karanets S. M. Improving the personnel work of customs authorities // PSE. – 2018. – № 2 (66).
4. Petrushko E. N., Shkilev V. V. Features of the personnel management process in the customs authorities of the Russian Federation and the main directions of its improvement // UEX. – 2016. – No. 7 (895.
Pospelova E., Kazakova M. Application of the concept of New Public Management in Russia // Public Service. – 2015. – № 2 (94).
6. Tonyan M. N., Sychanina S. N. The essence of the state personnel policy and its goals // Economics and Business: theory and practice. – 2019. – № 9.
7. Shatskaya I. V. State personnel policy of Russia and directions of its improvement // Russian Entrepreneurship. – 2017. – No. 17.
ECONOMIC SCIENCES
Despotulis E. E.
Development of an investment support management model for a transport infrastructure development project
The article discusses the features of investment support for the development of transport infrastructure. Special attention is paid to the key areas of improvement of the state investment policy for regulating transport projects, as well as the risks that accompany them. Based on the results of the study, a model for managing investment support for infrastructure projects for transport development has been compiled.
Keywords: investment, transport infrastructure, model, management, development.
The article bibliographic list
1. Mikheev I.A., Ratskov F. Evaluation of the effectiveness of the implementation of innovative projects in railway transport // StudNet. 2020. Vol. 3. No. 3. pp. 130-135.
2. Myasnikov V.S. The effectiveness of the impact of investments in transport infrastructure on the development of the region // Modern aspects of the economy. 2020. No. 1(269). pp. 6-13.
3. Popova K.O. Modern economic problems of development and operation of transport infrastructure // Economy of Railways. 2020. No. 1.pp. 77-80.
4. Tereshina N.P., Podsorin V.A., Ovsyannikova E.N. Development of transport infrastructure in conditions of changing economic conjuncture // Bulletin of Transport. 2020. No. 3. pp. 6-9.
5. Song, Siqi Vehicle, a login control, transport infrastructure investment and vehicle travel: A pseudo panel analysis// Urban studies. 2020. Volume 57: Number 12; pp 2527-2546.
ECONOMIC SCIENCES
Kostyleva E. G., Zaripova D. R.
Conditions for the formation of a model of innovative development of the Russian oil and gas industry on the example of the Rosneft enterprise
The authors analyze the problems hindering the innovative development of enterprises of the fuel and energy complex, identify models for the introduction of innovations in the oil and gas complex of the Russian Federation. Using the example of the innovation policy of the Rosneft Corporation, the conditions for the formation of innovative development in the oil and gas sector of the economy are considered.
Keywords: innovative development, innovation models, oil and gas industry enterprises.
The article bibliographic list
1. Vodachek L., Vodachkova O. Strategy of innovation management at the enterprise. – M.: Economics, 1989.
2. Zverev A. Formation of the national innovation system // Financial business. – 2009. – No. 5.
3. Kozlova Yu. B., Grogulenko N. V., Nafikova L. I. Features of the product promotion campaign of a research organization on the example of a State unitary enterprise of the Institute of Petrochemical Processing of the Republic of Bashkortostan// Eurasian Legal Journal. – 2020.- № 3 (142). – Pp. 384-385.
4. Obolensky V. Russia on the way to innovative development // World economy and international relations. – 2008. – No. 9.
5. Popova E. Problematic issues of the development of the national innovation system in the Russian Federation // Society and Economics. – 2007. – № 9-10.
6. Pochukaeva O. Analysis of innovation activity in industry // Problems of forecasting. – 2008. – № 4.
7. Sidorov M., Shapkin I. From raw materials to the innovative economy of Russia // Power. – 2008. – № 3.
8. Sultangareev M. R., Kostyleva E. G. Evaluation of the economic efficiency of the use of digital technologies in the oil and gas industry // Actual issues of economics and management in the oil and gas business. Collection of scientific papers of the IV All-Russian Scientific and Practical Conference. – 2020.- pp. 97-99.
9. Telegina E. A., Krainova E. A. Strategic management of the oil and gas complex in conditions of uncertainty: trends of modern development. – M.: Inform-Znanie, 2008. – pp. 23-28.
10. Kostyleva E. G., Safin T. I., Galin I. N. Influence of digitalization of economy on social responsibility of engineering workers of fuel and energy complex // Eurasian Law Journal. – 2020. – № 7 (146).- Pp. 446-447.
ECONOMIC SCIENCES
Latysheva N. A.
Human capital in the management of a modern enterprise
The purpose of the study is an attempt to assess the importance of human capital in the development of modern enterprises. It is shown that human capital management usually comes down to identifying, measuring, using and developing the hidden potential of an enterprise, and the effectiveness of management largely depends on the degree of implementation of the above measures. It is proved that the development and implementation of effective methods of human capital management at the enterprise forms a stable competitive advantage.
Keywords: management, jobs, competitiveness, resources, strategic competence.
The article bibliographic list
1. Avdeev E. V., Ternov K. S. Reproduction of social human capital // Moscow Economic Journal. – 2020. – No. 5. – pp. 844-852.
2. Asmolov A. G., Guseltseva M. S. Generating opportunities: from human capital to human potential // Educational policy. – 2019. – № 4(80). – Pp. 6-16.
3. Nikishina A. L. Audit of intellectual capital as a basis for effective management of labor knowledge and resources // KNZH. – 2017. – № 2 (19). – Pp. 122-125.
4. Monedchuk T. V. Conceptual foundations of intellectual capital management: theory and practice// ANI: economics and management. – 2017. – № 1 (18). – Pp.164-1664.
5. Sazonova M. A., Vaisman E. D. Human capital management of an industrial enterprise in the conditions of an innovative economy // Scientific works of the Voluntary Economic Society of Russia. – 2018. – No. 4. – pp. 317-338.
6. Tuguskina G. N., Timokhova K. A., Chubukova I. V. The role of human capital in the innovative development of the enterprise // News of higher educational institutions. Volga region. Economic sciences. 2019. – №1 (9). – Pp. 24-32.
ECONOMIC SCIENCES
Nguyen K. H., Yakovlev A. A., Golubkin A.V.
The impact of the EAEU-Vietnam Free Trade Zone on the development of Russian-Vietnamese economic cooperation
The article analyzes the impact of the EAEU-Vietnam free trade zone on the development of trade and economic cooperation between Russia and Vietnam. The implementation of the Agreement on the EAEU-Vietnam Free Trade Zone is of an integration nature, thereby stimulating the development of trade and economic partnership between Russia and Vietnam. Against the background of the prevailing rather unfavorable conditions for the Russian economy in the international arena, the Eurasian FTA contributes to the diversification of Russia’s foreign policy in favor of the Asian space. In this article, the authors analyze the dynamics of Russian-Vietnamese trade, and also attempt to assess the direct impact of the EAEU-Vietnam free trade zone on the volume of bilateral trade between Russia and Vietnam. By means of econometric analysis, it is concluded that implemented in 2015 The agreement on the EAEU-Vietnam Free Trade Zone has a very significant impact on the main indicators of Russian-Vietnamese cooperation.
Keywords: EAEU; Vietnam; Russia; Foreign economic relations; Integration; Free Trade Zone; Foreign direct investment; International trade.
Article-by-article bibliography
1. Asian neighbors of Russia: interaction in the regional environment: a collective monograph / Edited by G.D. Toloraya; Institute of Economics of the Russian Academy of Sciences. – M.: Publishing and Trading Corporation “Dashkov and Co.”, 2016.
2. Baum A. Vietnam’s Development Success Story and the Unfinished SDG Agenda // Asia Pacific Department, IMF Working Paper, WP/20/31, International Monetary Fund, 2019.
3. Chang Woo. T. Vietnam’s foreign trade – current trends// In the collection: The World Economy in the XXI century: Value and Values. Collection of materials of the International Scientific and Practical Conference. / Ed. By I.A . Aidrus, 2019. – P. 318-323.
4. Chernenko E. F. Trade and economic cooperation between Russia and Vietnam in the focus of national interests // Bulletin of the Moscow Humanitarian and Economic Institute. – 2019. – № 3. – P. 123-135.
5. European Parliament: EU-Vietnam free trade agreement. Briefing: International Agreements in Progress. European Parliamentary Research Service, October 2018.
6. Fedorov N. V. Agreement on a Free Trade Zone between the EAEU and Vietnam as a factor of Russian-Vietnamese relations // Comparative politics. – 2018. – № 1. – P. 74-90. DOI: 10.18611/2221-3279-2018-9-1-74-90.
7. Glinkina S. P., Turaeva M. O., Yakovlev A.A. Risks of using the preferential regime of the Free Trade Zone of the EAEU-Vietnam by economic entities of third countries //Innovation and investment. – 2018. – № 7. – P. 69-73.
8. Gorenburg D., Schwartz P. Russia’s Strategy in Southeast Asia // PONARS Eurasia Policy Memo. – № 578. – March 2019.
9. Mazyrin V. M., Kobelev E. V. Russia – Vietnam: 20 proposals for improving the effectiveness of a comprehensive strategic partnership // Moscow: Workbook / RIAC. – 2015.- № 1. – P. 23-34.
10. Migranyan A. A. Prospects for the development of trade relations between the EAEU and Vietnam // Russia and the modern world. – 2019. – № 2 (103). – P. 92-111.
11. Nguyen K. H. Cooperation of Russia with Vietnam // Scientific Review. Series 1: Economics and Law. – 2020. – № 1–2. – P. 108-117.
12. Nguyen K. H., Yakovlev A. A., Golubkin A. V. Features of trade and investment cooperation between Vietnam and the countries of the post-Soviet space // Eurasian Law Journal. – 2020. – № 1 (140). – P. 410-416.
13. Yakovlev A. A., Glinkina S. P., Turaeva M. O. Development of the EAEU-Vietnam Free Trade Zone and the Chinese Factor // Innovation and investment. – 2017. – No. 6. – P. 78-82.
ECONOMIC SCIENCES
Shapovalova V. N.
Improvement of methodological approaches to the assessment of socio-economic development of the region (innovation and investment aspect)
The scientific article is devoted to the research analysis of the need to improve methodological approaches to assessing the socio-economic development of regions, where innovative and investment aspects will be taken into account. The relevance of the research is due to the increase in the practical role of innovation and investment activities in the formation of economic growth and social progress of society.
The article considers the theoretical aspects of the mechanism of management of complex socio-economic development in the regions of Russia. The role of the methodology for assessing the socio-economic development of regions is described. The classification of methodological approaches to evaluation activities and a critical analysis of the features of individual methods used in domestic practice are carried out. It is analyzed how indicators and indicators of the innovation and investment aspect should be used in the framework of improving methodological approaches to assessing the socio-economic development of the region.
Keywords: socio-economic development of the region; assessment methods; socio-economic situation of the region; indicators; innovation aspect; investment aspect.
The article bibliographic list
1. Alekseev A.V., Kuznetsova I. V. Comparative characteristics of methods for assessing the level of socio-economic development of the regional socio-economic system // New technologies. – 2018.- No. 2.
2. Ivanov A. P. Methodological approaches to assessing the socio-economic potential of the region // Space of Economics. – 2010. – № 2-3.
3. Menshchikova V. I. Management of socio-economic development of the region: strategic vector //Bulletin of TSU. – 2010. – No. 12.
4. National project “Digital Economy”.[electronic resource]. – Access mode: http://static.government.ru/media/files/3b1AsVA1v3VziZip5VzAY8RTcLEbdCct.pdf (accessed: 02.04.2021).
5. Popov D. A. Analysis of methodological approaches to assessing the level of socio-economic development of the region // Humanities, socio-economic and social sciences. – 2018. – № 12.
ECONOMIC SCIENCES
Shvedov L. A.
Directions of improving the quality of public services in the era of the digital economy
The article substantiates that the foundation of the economy on digital technologies and the more active participation of the state and entrepreneurs in digital transformation can contribute to a significant economic acceleration and reduce the lag in development from the most advanced digital economies of the world, as well as improve the quality of public services. The main directions of improving the quality of public services through the digital transformation of public administration have been formed.
Keywords: digital transformation, public administration, technologies, knowledge and skills
The article bibliographic list
1. Aghajanyan A.S. Efficiency and quality in the categorical field of evaluation of the provision of state and municipal services // State and municipal administration. Scientific notes . 2020. No. 2. pp. 248- 254.
2. Borisova E.S., Vorobyova A.V. Risks in public administration in the conditions of industry development 4. 0 // Chronoeconomics. 2019. No. 5 (18). pp. 42-48.
3. Kuznetsova P.Yu. Improving the methodology for assessing the quality and accessibility of the provision of state and municipal services // State and municipal administration. Scientific notes . 2019. No. 3. pp. 53-58.
4. Pankratov I.Yu., Svertilova N.V., Lide E.N. Digital state: a new matrix of competencies for digital transformation // Public Service. 2018. No. 1 (111). pp. 38-43.
5. Sergeeva N.V. Comparative characteristics of the quality of public services in electronic form and MFC // Scientific notes of the Tambov branch of RoSMU. 2019. No. 16. pp. 111-118.
6. Khashaeva A.B. Quality of provision of state and municipal services in the field of entrepreneurship // Bulletin of the Maikop State Technological University. 2020. No. 2. pp. 128-135.
ECONOMIC SCIENCES
Shestakov S. A., Medvedeva L. B.
The main stages of the practice of state regulation of agricultural producers
The article outlines the need for state support and state regulation of the agricultural sector of the economy in a market economy; the objective functions of state regulation are considered; foreign experience of regulating the agricultural market is described; modern stages and results of state regulation of agricultural producers are highlighted.
Keywords: state regulation, state support, agricultural production, efficiency, market, prices, business, productivity, economy.
The article bibliographic list
1. Agapitova L. G. Theoretical aspects of statistical research of entrepreneurship // In the collection: The development of entrepreneurship in the regions. -Tyumen: TSNSU, 2009. – pp. 134-137.
2. Butorina G. Yu., Agapitova L. G. Innovative entrepreneurship in the region: development, problems and ways to solve them // Economics and entrepreneurship. – 2017. – № 8-3 (85). – Pp. 428-433.
3. Zubareva Yu. V. Features of the formation of management goals in agriculture. // Eurasian Law Journal. – 2018. – № 2 (117). – Pp. 329-331.
4. Kirilova O. V. Innovative levers of strategic management of precision technologies in the digital economy // Eurasian Legal Journal. – 2018. – № 2 (117). – Pp. 332-334.
5. Larionova N. P. Stimulating the development of small forms of management in the agro-industrial complex of the Tyumen region. // Bulletin of the Tyumen State Agricultural Academy. – 2008. – No. 2. – p. 37 (15).
6. Medvedeva L. B. Small enterprises as a condition as a condition of economic stability in a risk society // Economics and entrepreneurship. -2018. – № 10 (99). – Pp. 771-773.
7. Medvedeva L. B. Analysis of the efficiency of labor resources of agricultural enterprises of the Tyumen region // Economics and entrepreneurship. – 2017. -№ 9-1 (86). – Pp. 986-988.
8. Medvedeva L. B. Problems of regulation of economic indicators in conditions of limited resources // Economics and entrepreneurship. – 2020. -№ 1 (102). – PP. 850-853.
ECONOMIC SCIENCES
Altukhov A.V., Buinevich A.V., Karadzhi D. D., Kashkin S. Yu.
Platform law as the basis of innovative biotechnological platforms
The paper substantiates the necessity and examines the significance of the introduction of a legal platform as a regulatory instrument for the activities of other platforms and ecosystems involved in the calculation and creation of the latest biological components that are socially significant for the world community. We are also talking about the introduction of a legal platform as an element of law regulating interaction with other platforms in this scientific field, carrying out forecasting and analysis of the legality and safety of a particular result of scientific activity, including with the use of artificial intelligence technologies.
The predictive effectiveness of legal platform regulation as a mechanism for safe and productive interaction between scientists and industrialists,
used to reduce and eliminate legal barriers, is evaluated.
Keywords: platforms, platform economic models, platform law, synthetic biology, biotechnologies, artificial intelligence, network model
Article and bibliographic list
1. Volkova S. N., Sivak E. E., Kobchenko S. N., Pikalova M.B., Ovchinnikova E. V. The duration of breakthrough biotechnologies as a modern standard of living // Bulletin of the Kursk State Agricultural Academy. – 2019. – No. 1. – pp. 147-153.
2. Dashkova M. O. The main changes in Russian legislation in the scientific and technical sphere for 2019// Management of science and scientometrics. -2020. – Vol. 15. – No.
1. – pp. 72-91.
3. Kartskhiya A. A. Legal mechanisms of biosafety in the conditions of digitalization // Social innovations and social sciences. – 2020. – № 1 (1). – C. 119-127.
4. Kashkin S. Yu., Altukhov A.V. In search of the concept of legal regulation of artificial intelligence: platform legal models // Bulletin
of the O. E. Kutafin University. – 2020. – № 4 (68). – Pp. 26-40.
5. Kashkin S. Yu., Tishchenko S. A., Altukhov A.V. Legal regulation of the use of artificial intelligence to combat the spread of COVID-19: problems and prospects taking into account world experience // Lex Russica.-2020. – Vol. 73. – No. 7 (164). – pp. 105-114.
6. Konstantinov K. V. Synthetic biology and the problem of consciousness // Proceedings of the Theology Department of the St. Petersburg Theological Academy. – 2019. – № 2 (4). – Pp. 59-75.
7. Mamychev A. Yu., Petrova D. A. Biopolitical and digital trends in the development of political and legal practices during the pandemic // The territory of new opportunities.– 2020. – No. 4. – pp. 18-29.
8. Production of the Antimalarial Drug Precursor Artemisinic Acid in Engineered Yeast / D. K. Ro, E. M. Paradise, M. Ouellet, K. J. Fisher, K. L. Newman, Ndungu J. M., K. A. Ho, R. A. Eachus, T. S. Ham, J. Kirby, M. C. Y. Chang, S. T. Withers, Y. Shiba, R. Sarpong, J. D. Keasling // Nature. – 2006.– No. 440 (7086). – pp. 940-943.
ECONOMIC SCIENCES
Zyk A. O.
Analysis of the EAEU trade with third countries
The article presents the results of the analysis of trade flows of the Eurasian Economic Union depending on the level of processing, commodity structure, geographical distribution. Conclusions are drawn about the role of energy resources in exports, about the emergence of a downward trend in the trade balance, about the role of trade agreements with third countries in the dynamics of trade.
Keywords: Eurasian Economic Union, international trade, foreign trade, export structure, trade agreements.
The article bibliographic list
1. Obolensky V. P. Integration projects of Russia and the EAEU: a chance to increase exports? // Contours of global transformations: politics, economics, law. – 2020. – No. 3. – pp. 156-175.
2. Spartak A.N. Modern transformation processes in international trade and the interests of Russia. – Moscow: VAVT / ICAR Publishing House, 2018. – 456 p.
ECONOMIC SCIENCES
Lubinets P. A.
Global economic recovery in the context of the coronavirus pandemic
In this article, the author raises the topic of the slowdown in the global economy as a result of the crisis caused by the COVID-19 pandemic. The author also discusses the problems of the recovery of the world economy and the economies of individual countries. There are many examples of measures taken by Governments of various countries to accelerate economic recovery and contain the spread of coronavirus. Among them are instruments of fiscal and monetary policies, allowances for unemployment benefits, sending employees on unpaid leave with monetary compensation. However, the pandemic is not over, the infection continues to spread actively, new strains are emerging, and governments are forced to take new steps to combat the pandemic and its negative impact on the economy.
Keywords: pandemic, coronavirus, world economy, recession, recovery, stimulus measures, fiscal policy, monetary policy, unemployment, unemployment benefits, unpaid leave.
The article bibliographic list
1. Long, uneven and uncertain ascent. – [Electronic resource]. – Access mode: https://www.imf.org/ru/News/Articles/2020/10/13/blog-a-longuneven-and-uncertain-ascent .
2. What support measures to support the economy were introduced in different countries in connection with the coronavirus. –[Electronic resource]. – Access mode: https://tass.ru/info/8088363
3. Social support during a pandemic: citizens lack protection. – [Electronic resource]. – Access mode:https://www.hse.ru/news/expertise/426735668.html.
4. “U, which can become W”: the economist who predicted the crisis predicted the trajectory of economic recovery after the coronavirus. – [Electronic resource]. – access mode: https://www.forbes.ru/newsroom/finansy-i-investicii/407523-u-kotoraya-mozhetstat-w-predskazavshiy-krizis-ekonomist.
5. The right medicine for the world economy // The Economist. London: The Economist Group. – 2020. – Mar 7th 2020 edition. – C. 9-10.
6. Trading Economics / According to Trading Economics.– [Electronic resource]. – Access mode: https://tradingeconomics.com .
ECONOMIC SCIENCES
Popova E. A.
Methods of managing remote employees in the segment of small and medium-sized businesses
The article discusses modern problems of remote control for managing remote employees who are employed by small and medium-sized businesses. The process of remote management of employees is a complex process that includes various means and methods of human resource management. Special attention is paid in the article to the ways of managing remote employees in the organization.
Keywords: remote employment, remote work, remote management, ERP system, control.
The article bibliographic list
1. Borisov S. A. Remote personnel management// In the collection: Socio-economic problems and patterns of development of the SFO Collection of scientific papers based on the materials of the regional scientific and practical conference. – 2016. – pp. 79-82.
2. Bryantseva E. N. Features of personnel selection in the framework of remote enterprise management //Dynamics of systems, mechanisms and machines. – 2012. – No. 4. – pp. 6-7.
3. Bykova R. G. Remote personnel management //Creative economy. – 2008. – Volume 2. – No. 11. – pp. 118-124.
4. Gorelova E. 30% of Russian companies switched to remote operation / Vedomosti, August 30, 2016.[Electronic resource]. – Access mode: https://www.vedomosti.ru/management/articles/2016/08/30/654940-kompanii-udalennii-raboti .
5. Remote personnel management: rules of communication, communication // HR Officer. – 2013. – No. 6. – pp.88-92.
6. Research of the recruitment portal Superjob.ru “Almost a third of Russian companies use the work of remote employees.” [Electronic resource].– Access mode: https://www.superjob.ru/community/life/69559/
7. Pyatyshev V. V. Basic recommendations for coordinating the activities of employees of virtual companies// Economy and society. – 2011. – № 1 (1). – Pp. 236-242.
8. Romanova A. A., Sayfullina L. D. Freelance as a modern form of employment // In the collection: Topical issues of management in social and economic systems. – Ufa, 2017. – pp. 16-19.
9. Sberbank in pilot mode introduces remote work and flexible schedule for employees – Gref // Finmarket. – 2016. [Electronic resource]. – Access mode:http://www.finmarket.ru/news/4400533 .
10. Slastya S. D. Career management of personnel working on remote work // Professional orientation. – 2017. – No. 1. – pp. 320-325.
11. Sberbank development strategy for the period 2014-2018.// Sberbank Group. [electronic resource]. – Access mode: https://www.sberbank.ru/common/img/uploaded/
files/sberbankdevelopmentstrategyfor2014-2018.pdf.
12. Top 9 open source ERP systems to consider. There are a number of flexible, feature-rich, and cost-effective open source ERP systems out there. Here are nine to check out, 2018. [Electronic resource]. – Access mode: https://opensource.com/tools/enterprise-resource-planning .
ECONOMIC SCIENCES
Yakovleva M. A.
Diversification of methods of currency regulation in the digital economy
The digitalization of the Russian economy has recently been implemented especially actively. Currency regulation, as a guarantor of the economic security of the state at the international level, should correspond to the rapidly changing situation, it should develop and modernize. In this regard, according to the author, the diversification of the methods of currency regulation already known to science and the introduction of new ones will contribute to the actualization of state regulation in the currency sphere. The author of the article offers options for diversification of economic and administrative methods of regulation. From the standpoint of economic methods, he argues in favor of the legalization of the digital ruble, and from an administrative point of view, the author proposes to grant the rights of agents of currency control to new subjects of the financial market – operators of systems in which digital financial assets will be issued and operators of the exchange of digital financial assets.
Keywords: currency regulation, digitalization, digital money, agents of currency control.
Article – by – article bibliographic list
1. Federal Law No. 259-FZ of 31.07.2020 “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation” // Official Internet Portal of Legal Information. [electronic resource]. – Access mode: http://www.pravo.gov.ru , 31.07.2020.
2. “Digital ruble. Report for public consultations (October 2020)” (approved by the Bank of Russia).[Electronic resource]. – Access mode: https://cbr.ru (accessed 13.10.2020).
3. Ivanitsky V.P. The financial system of the post-centralized market in the conditions of transformation // In the book Innovative development of the monetary and financial system in the conditions of spatial and economic transformation. Collective monograph. Yekaterinburg, 2016. pp. 78-87.
4. Ivanov A.A., Rozhkova L. Artificial intelligence as the basis of innovative transformations in technology, economics, business // Izvestiya St. Petersburg State University of Economics. 2018. pp. 112-115. [electronic resource]. – Access mode: www.cyberleninka.ru (accessed 31.10.2020)
5. Ilyashenko V.V. The relationship between the dynamics of the exchange rate and inflation in the Russian economy // Economics, sociology and law. 2016. No. 4-2. pp. 29-31.
6. Istomina N.A. Opportunities and conditions for the use of various sources of financial resources to ensure the innovative development of regions Collection: Ural – the driver of neo-industrial and innovative development of Russia. Materials of the I Ural Economic Forum, in 2 volumes 2019. pp. 177-180.
7. Istomina N.A., Kokorina M.I. Artificial intelligence – a problem or a breakthrough in digital modernization and innovative development. Collection of modern trends in the development of countries and regions – 2018 //Materials of the international scientific and practical conference: in 2 volumes. Responsible editor O.V. Yamova. 2019. pp. 62-65.
8. Kazanchev A.H. The need to liberalize modern Russian monetary policy [Text]// Finance and Credit. 2009. [electronic resource]. – Access mode: www.cyberleninka.ru .
9. Lyamenkov A.K., Lyamenkova E.A. Evolution of currency regulation and currency control in the Russian Federation. [Text] // International scientific journal “Symbol of Science”. 2015. [electronic resource]. – Access mode: www.cyberleninka.ru
10. Moskalev B.E. Features of the formation and functioning of the system of currency regulation and currency control of foreign trade activity in Russia. Dissertation for the degree of Candidate of Economic Sciences. M., 2004. 197
p. [Electronic resource]. – Access mode: www.dissercat.com
11. Cash circulation. Bulletin of the Bank of Russia No. 85 (2221) October 28, 2020.
12. Nikulina O.V. Investigation of the effectiveness of the Central Bank of the Russian Federation’s use of instruments of monetary regulation of the national economy // Economics and practice. 2018. No. 1 (49). pp.57-65
13. Filatova V.V. Features of currency regulation of countries in the conditions of membership in the EAEU [Text] //Customs policy of Russia in the Far East.2017. No. 2 (79). pp. 92-97. [electronic resource]. – Access mode: www.cyberleninka.ru .
14. Shmyreva A.I., Samokhvalov S.I. Prerequisites for the development of cryptocurrencies // In the collection: Science of Russia: goals and objectives. Collection of scientific papers based on the materials of the XXI International Scientific Conference. Yekaterinburg, 2020. pp. 69-71.
ECONOMIC SCIENCES
Pavlova N. S., Nurutdinov A. A.,
Zulkarnayeva E. Z., Abramov N. R.
Socio-economic consequences of the COVID-19 pandemic in Russia
The pandemic of 2019-2020 and its consequences transformed the economic reality of Russia, severing existing inter-economic ties and destabilizing the state of the economic system. The consequences of the pandemic have most clearly affected the social elements of the current social formation. The detection of such elements is necessary for the development of a new effective socio–economic strategy for the development of society. The relevance of this study is determined by the need to identify destructive processes and the results of the consequences of the 2019-2020 pandemic for the economic and social reality of Russia.
Keywords: economic space, social model, digital model, economic relations, social relations.
The article bibliographic list
1. Monitoring of industry financial flows.[electronic resource]. – Access mode: http://www.cbr.ru/analytics/finflows/#a_107637 , free– (accessed: 05.05.2021).
2. Assessment of the consequences of the epidemic for the Russian economy through the prism of intersectoral balance. [electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/112062/analytic_note_202008_dip.pdf , free – (accessed 05.05.2021).
3. World Economic Outlook Update. A crisis like no other, an uncertain recovery. IMF. June 2020.
PHILOSOPHICAL SCIENCES
Egorova Yu . R .
On the nature of the word in art and philosophy
The article deals with the question of the special conceptual reality of the sign in philosophy and art, based on the comparison of the languages of the two spiritual spheres, their common and specific features are revealed. The ability to form a field of important meanings and values associated with the depths of the inner world of a person is in the field of the figurative structure of consciousness, which is addressed by both art and philosophy with the help of indirect language.
In philosophy, this is manifested in the freedom and diversity of interpretation of the known within the framework of repeated philosophical problems, and in art in the formation of concepts and meanings that are combined with increased expressiveness, but are not limited only to the sensory form of cognition.
Keywords: ideal, meaning, unity of meaning, indirect language, images, expressiveness, rationality, truth, art, philosophy.
The article bibliographic list
1. https://www.gumer.info/bogoslov_Buks/Philos/Article/Hab_Modern.php
2. Deleuze J. Logic of meaning. –M.: Academic Project, 2011.
3. Habermas Yu. Modern is an unfinished project.[electronic resource]. – Access mode:4. Chernenkaya S.V. Diltey and Shpet: methodological substantiations of the humanities // Philosophical research. – 2011. – № 1.
5. Shpet G.G. Philosophy and psychology of culture: favorites. – Moscow: Nauka, 2007.
PHILOSOPHICAL SCIENCES
Zagyrtdinov R. B., Elkhova O. I.
Ontology of Soviet patriotism
Soviet patriotism in the Russian national consciousness is a complex conglomerate of imperial plans, messianic ideas, feelings of love for the fatherland, as well as fear and apprehension for it before an external threat. It is noted that in Soviet Russian society there was a desire to form a type of social structure based on the principles of humanism and collectivism (conciliarity). The authors believe that these principles are the ontological foundations of Soviet patriotism. It is emphasized that it is necessary to clearly distinguish between socialist
ideas and the historical process of their implementation. Socialist ideas are aimed at the formation of an integral system of social relations, which creates the most favorable opportunities for self-realization of the individual, the harmonization of social relationships. The authors of the article do not lose hope for the transition-the return of Russian society to its origins: the principles of humanism and collectivism (sobornost), which form the basis of the national identity of Russian society, are a condition for the formation of patriotism.
Keywords: Soviet patriotism, imperial patriotism, internationalism, national identity, patriotism, ontology, philosophy.
The article bibliographic list
1. Berdyaev N. A. The origins and meaning of Russian communism. – M.: Nauka, 1990. – 224 p.
2. Elkhova O. I. Preservation of Russian national identity in the information world // Bulletin of Bashkir University. – 2017. – Vol. 22. – No. 2. – pp. 551-554.
3. Elkhova O. I., Zagyrtdinov R. B. Ontology of conciliarity and Russian patriotism // Eurasian Legal Journal. – 2020. – № 2 (141). – Pp. 478-480.
4. Naida O. A. Russian patriotism in the evolutionary and political dimension. – Volgograd: Publishing house: VGAFK, 2015. – 248 p.
5. Soviet patriotism // Truth. – March 19, 1935.
PHILOSOPHICAL SCIENCES
Zubkov S. A.
Philosophy of ecophilicity of climate
The article reveals the important ecological problem of climate change, global warming and the related understanding and use of natural science, religious studies, and philosophical knowledge. The relevance of the study lies in the fact that the concept of ecophilicity allows us to give new approaches to identify climate problems, justify their solution in correlation with sustainable development. The ecophilic philosophical interpretation of climatology is based on the problems of ethics, natural science, phenomenology and sociology of religion, law, economics. The course of decarbonization in relieving the severity of the problem of climate change is the leading approach in the process of curbing global warming and therefore requires a deep and comprehensive understanding.
Keywords: philosophy, ecology, ecophilicity, climate, global warming, decarbonization.
The article bibliographic list
1. Bezuglaya E. Yu., Smirnova I. V. Urban air and its pollution. – St. Petersburg: Asterion Publishing House, 2008. – 254 p.
2. Zubkov S. A., Tymoshchuk A. S. Religion and anthropogenic impact on natural ecosystems //Actual problems of biology and ecology. – Grozny: ChSU, 2019. – pp. 124-129.
3. Lipina S. A., Agapova E. V., Lipina A.V. Green Economy. Global development. – M.: Pro-spect Publishing House, 2016. – 234 p.
4. Lomborg G. Global warming. Skeptical leadership. – St. Petersburg: St. Petersburg Publishing House, 2008. – 203 p.
5. Lopatin V. N., Muravykh A. I., Gritsevich I. G. Global climate change, problems and prospects for the implementation of the Kyoto Protocol in the Russian Federation. – Moscow: WWF Russia Publishing House, 2005. – 40 p.
6. Plyusnin Yu. M. Climate change and its impact on human life. – M.: Publishing House Scientific World, 2013. – 200 p
. 7. Porfiriev B. N. Green” economy: new trends and directions of development of the world economy //Bulletin of the Russian Academy of Sciences. – 2012. – Volume 82.- No. 4. – pp. 323-344.
8. Prilutsky E. A. Civilization: climate change, global communications, consciousness. -M.: Publishing Solutions Publishing House, 2015. – 60 p.
9. Svensmark H., Calder N. Chilling stars. A new theory of global climate change. – M.: Publishing house: Lomonosov, 2011. – 288 p.
10. Serov M. S. Global warming. – M.: Publishing house of Knigovek, 2010. – 416 p.
11. Fuks R. The Green Revolution: Economic growth without damage to the environment. – Moscow: Alpina Nonfiction Publishing House, 2016. – 330 p.
12. Yasamanov N. A. Entertaining climatology. – M.: Publishing House of Knowledge, 1989. – 192 p.
13. Thakar J. Environmentalism: Now With More Empathy for Conservatives // Pitt political review. – 2014. – Vol 11.- № 1. – P. 33-40.
PHILOSOPHICAL SCIENCES
Peshkov A. A., Gutorov Yu. A.
“Ad fontes”, return to sources, in Renaissance and Reformation Historiosophy
The article explores the evolution of one of the main ideas of the Reformation – Solo Scriptura. As a result of the analysis, the origins of this idea are traced from the humanistic appeal to ancient culture and sources as their standard. In this case, the standard is proclaimed the age of the apostles and the priority of the Holy Scripture over its later assimilation. Thus, historical continuity and the possibility of Tradition continuity are denied.
Keywords: humanism, Renaissance, Reformation, M. Luther, A. Harnack, ad fontes, Hellenization of Christianity.
The article bibliographic list
1. Alistair McGrath. Theological thought of the Reformation. – Odessa: “Bogomyslie”, 1994. – 316 p.
2. Bazzard E. F., Hunting C. F. The Doctrine of the Trinity. Self-deception of Christianity. – Lviv: Afisha, 2003. – 376 p.
3. Emelyanov N., holy. Dogmatic development theory //Orthodox Encyclopedia. Vol. XV. – Moscow: Central Research Center “Orthodox Encyclopedia”, 2007. – pp. 534-542.
4. Marru Henri-Irene. Patristics and humanism // The legacy of the Holy Fathers in the XX century. The results of research. – M.: PSTSU, 2012. – pp. 50-60.
5. Mikhailov P. B. The concept of Hellenization of Christianity in the history of theology // Bulletin of PSTSU. – 2017. – Issue 71.- pp. 50-68.
6. Neklyudov K. V. Harnak // Orthodox Encyclopedia. T. X. – M.: Central Research Center “Orthodox Encyclopedia”, 2005. – pp.431-434.
7. Novoplatonism E. R. // Encyclopedic dictionary of Brockhaus and Efron. T. XXI. – St. Petersburg, 1897.
8. Pelikan Ya. Christian Tradition. The history of the development of the creed. The emergence of the Catholic tradition[100-600]. Vol. 1. – Moscow: Cultural Center “Spiritual Library”, 2007. – 376 p
. 9. Spits L. V. Revival and the Reformation movement. History of the Reformation. Vol. 2. – M.: Publishing house “Lutheran Heritage Foundation”, 2003. – 452 p.
10. Bray G. Scripture and Tradition in Reformation Thought // Evangelical Review of Theology. – T. 19.2. – 1995. – P. 157-166.
PHILOSOPHICAL SCIENCES
Sukhorukov V. A.
Patriotic idea as the basis of ideological education
The article is devoted to the problem of patriotic education. The proclamation of patriotism as a national idea does not mean at all that this social feeling will immediately form itself in the public consciousness and appear in every member of society. Civic and patriotic education of the younger generation should become a priority for the entire pedagogical system in Russia. Patriotic education, as part of ideological education, should be carried out within the framework of a national (state) ideology, the establishment of which is expressly prohibited by the Constitution of the Russian Federation. It is almost impossible to organize proper ideological education in such a situation, and a patriotic idea without an ideological basis is just words. The way out of this situation is seen in the correction of the conflict Article 13 of the Constitution of the Russian Federation, the establishment of the priority of state ideology and the return of patriotic education to the center of the political process.
Keywords: national idea, patriotism, civic patriotism, state patriotism, public good, public interests, patriotic idea, civic-patriotic education, ideological education, deideologization, “social justice society”, national (state) ideology.
The article bibliographic list
1. Vladimir Putin: “Patriotism is a solid foundation for the future of Russia.” [Electronic resource].– Access mode: www.slavakubani.ru/p-service/military-service/patriotic-education/vladimir-putinpatriotizm-prochnyy-fundament-budushchego-rossii/.
2. Kobylkin R. A. Modern Russian society:in search of spiritual foundations. // Bulletin of the Kaliningrad Branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – № 1 (47). – 2017. – P. 93.
3. Putin spoke about the national idea of Russia. [electronic resource]. – Access mode: https://tass.ru/obschestvo/8438743 .
4. The media found out about the ban for officials that was not amended to the Constitution. [Electronic resource].– Access mode: https://www.rbc.ru/politics/06/03/2020/5e620a809a79472 f0c4d1837.
5. Quotes of famous personalities. [Electronic resource].– Access mode: https:// ru.citaty.net/tsitaty/616334-nikolai-gavrilovich-chernyshevskii-patriot-eto-cheloveksluzhashchii –
rodine-a-rodina-/.
6. Quotes about patriotism. [electronic resource]. – Access mode: https:// yandex.ru/images/search?pos=0&img_url=https%3A%2F%2Fds04.infourok.ru%2Fuploads%2Fex%2F0109%2F000f6a58-c36e25be%2Fimg1.jpg&text=Цитаты%20о%20патриотизме%20 D.S.%20likhachev%20K%20patrioticism%20nel%20thol%20c%20C%20%20need%20 carefree%20educate&lr=38&rpt=simage&source=wiz.
PHILOSOPHICAL SCIENCES
Kharisova Z. G.
The place of Russia in the cultural space. Historical Types of Ideologies in Russia
The article examines some views and types of ideology that seem to be inviolable for Russian culture and civilization and are preserved in the identity of what kind of state system exists in our country.
About the features that were found under feudalism, and in the Russian Empire, and in the Soviet era and are preserved to this day.
Keywords: civilization, Christianity, Westerners, Slavophiles, ideology, culture, Eurasianism, Gardariki, Marxist-Leninist doctrine.
The article bibliographic list
1. Bogdanov A.V. Westernism in Russia: history and modernity // Philosophy and Society. 2008. No. 3.P. 169.
2. Isachkin S. P. The place and role of Russia in world culture // Omsk Scientific Bulletin. 2012. p. 230.
3. Malitsky V. S. Ideology in modern Russia //Bulletin of the Adygea State University. Series 1: Regional Studies: philosophy, history, Sociology, law, political science, cultural studies. 2012.
4. Chaadaev P. Philosophical letters. [electronic resource]. – Access mode: https://www.100bestbooks.ru/files/Chaadaev_Filosoficheskie_pisma.pdf
5. Shirokova M. A. Slavophiles as the founders of Russian national philosophy // Izvestiya Altayskogo gosudarstvennogo universiteta. 2010. p. 173.
PHILOSOPHICAL SCIENCES
Shergeng N. A., Pushkareva M. A.
The idea of freedom and its existential transformations
The article explores the idea of freedom in the context of its existential transformations in modern Russian society. This is achieved by considering the essential aspect of freedom by identifying its ontological, existential foundations. An approach to the definition of freedom as a process of “self-movement” of cultural universals (love, hope for a better world, etc.) is proposed. The article substantiates the idea that the existential “I” appears in all the diversity of its life manifestations, and this, in turn, allows us to deeply explore the entire panorama of the modern crisis, where the search for existential values makes not only culture too elastic, but also capable of existential transformations.
The analysis of existential transformations of human freedom shows that the existential “I” does not coincide with either the absolutely spiritual or the empirical “I”, which is important for the most complete analysis of modern cultural processes.
Key words and phrases: existential self, modern spiritual crisis and its features, existential transformations, essential human forces, the problem of self-movement of cultural universals, existential values, modern elasticity of culture, cultural process.
The article bibliographic list
1. Ivashkevich Ya. Chopin / Translated from Polish by A. Ermonsky. – M.: Publishing house “Young Guard”, 1963.
2. Knyazeva E. N., Kurdyumova S. P. Intuition as self-building // Philosophy and Science. – M., 1992.
3. Pushkareva M. A. The idea of freedom in the context of its existential transformations. – Ufa: RIC Bashgu, 2018.
4. Slinin Ya. A. The transcendental subject: a phenomenological study. – St. Petersburg: Nauka, 2001.
5. Feuerbach L. Fundamentals of philosophy of the future – 2nd ed. – M.: State Socio–Economic Publishing House, 1937.
6. Shergeng N. A. “Transcendental subject” and the problem of its philosophical conceptualization: Monograph. – M.: CJSC “ALKOR”; Science, 2008.
7. Shergeng N. A., Pushkareva M. A. Criteria of “spiritual” and “absolute” Self in German classical philosophy // Eurasian Legal Journal. Philosophical sciences. – 2020. – № 6 (145). – Pp. 485-487.
8. Schelling F. W. J. Philosophie der Offenbarung. –Frankfurt A.M., 1993.
9. Weier W. Strukturen menschlicher Existenz. Grenzen heitigen Philosophierens. – Ferdinand Schöningh, Pederborn, 1971.
PHILOSOPHICAL SCIENCES
Shevlokov V. A., Kulturbaeva L. M., Bizheva A. P.
The subject in the discourse of ancient philosophy
The article examines the problem of the subject through the prism of one of the fundamental principles put forward in ancient culture and philosophy: “the principle of unity of the micro- and macrocosm”. The views of Russian philosophers are analyzed, clarifying the ideas of ancient man, comprehending the problem of the unity of man and nature. The necessity of searching for the inner not only in the human individual, but also in the spatio-temporal diversity itself is highlighted.
Keywords: microcosm and macrocosm, man and the universe, logos and chaos, synergy and self-organization, anthropic principle.
The article bibliographic list
1. Antipenko L.G. Unity of microcosm and macrocosm. A new approach to solving an old ideological question [Electronic resource]. – Access mode: http://iph.ras.ru/page49852616.htm
2. Berdyaev N.A. Philosophy of freedom. The meaning of creativity. – M.: Pravda, 1989.
3. Conversation with Professor A.F. Losev // Questions of philosophy. – 1984. – № 1.
4. Demin V. Secrets of the universe. The mystery of the big in the small (macrocosm and microcosm) [Electronic resource]. –Access mode: http://thelib.ru/books/demin_valeriy/tayni_vselennoy-read .html
5. Hieromonk Andronik (Trubachev). Theodicy and anthropodicy in the works of the priest Pavel Florensky. – Tomsk: Aquarius, 1988.
6. Linde A.D. Inflation, quantum cosmology and the anthropic principle / Department of Physics, Stanford University, USA / (Lecture delivered at the conference dedicated to the 90th anniversary of Jonawiler “Science and Ultimate Reality: From Quantum to Cosmos”, published in the archive of preprints: hepth/0211048) [Electronic resource]. – Access mode:http://www.astronet.ru/db/msg/1181211
7. Linde A.D. Elementary particle physics and inflationary cosmology. – M., 1990.
8. Losev A.F. From early works. – M..: Pravda, 1990.
9. Nalimov V.V. Self-aware Universe. http://www.philosophy.ru/iphras/library/zizin.html#3 .
10. Russell B. History of Western Philosophy. – Rostov-on-Don.: Phoenix, 2002.
11. Wheeler J. Quantum and the Universe // Astrophysics, quanta and the theory of relativity. – M., 1982.
PHILOSOPHICAL SCIENCES
Yashin A. N., Rasheva N. Yu.
Historical, philosophical and legal aspects of Russian justice
The authors examine in the historical, philosophical and legal context the phenomenon of domestic justice, the metaphysical principle, axiological aspects, the timeless essence and significance of its semantic ideas related to ethical truths, emphasize their relevance at the present time in the context of the establishment and development of the idea of the rule of law.
Keywords: law, state, society, justice, truth, justice, faith, conscience.
The article bibliographic list
1. Dostoevsky F. M. Brothers Karamazov // Dostoevsky F. M. Full collection op. In 30 vol. 15. – L.: Nauka, 1976. – 620c.
2. Novgorodtsev P. I. On the peculiar elements of the Russian philosophy of law. Essays. – M.: Rarity, 1995. -446 p.
3. Tagantsev N. S. Russian criminal law. Lectures: General part: In 2 volumes / Comp. and ed. Zagorodnikov N. I. -M.: Nauka, 1994. – Vol. 1. – 380 p.
4. Yashin A. N. Philosophy of Russian justice: genesis and evolution of ideas (IX – XIX centuries): Dis. … doct. philos.nauk. – M., 2019. – 403 p.
5. Yashin A. N. Phenomenon of ideas of renewal of Russian justice in the second half of the XIX century // Historical, philosophical, political and legal sciences, cultural studies and art criticism. Questions of theory and practice. – 2016. – № 4 (66): in 2 hours – Part II. – C. 219.
6. Yashin A. N. Mercy, compassion and repentance in substantiating the justice of justice // Eurasian Law Journal. – 2016. – № 1 (92). – P . 389
PHILOSOPHICAL SCIENCES
Aksenov A.V., Semikopov D. V.
Phenomenology of imagination in the philosophical and theological heritage of Archimandrite Sophrony (Sakharov)
This article is devoted to the analysis of one of the central ascetic teachings of the philosophical and theological heritage of Archimedes. Sophronia (Sakharova) – phenomenology of imagination. The main types of manifestation of imagination are considered, as well as the doctrine of the need to fight imagination on the path of spiritual perfection of a Christian.
Keywords: Archimandrite Sophrony (Sakharov), theology, imagination, asceticism, philosophy, anthropology.
The article bibliographic list
1. Zachariah (Zaharu), archim. Christ as the way of our life. Introduction to the theology of Elder Sophrony (Sakharov). – M.: Orthodox St. Tikhon Theological Institute, 2002. – 400 p.
2. Sophrony (Sakharov), Archim. To see God as He is. –Sergiev Posad: Holy Trinity Sergiev Lavra, 1985.– 256 p.
3. Sophrony (Sakharov), Archim. Chapters on spiritual life.– Sergiev Posad: Holy Trinity Sergiev Lavra, 2018.– 208 p.
4. Sophronius (Sakharov), Archim. St. Silouan of Athos. – Sergiev Posad: Holy Trinity Sergiev Lavra, 2015. – 528 p.
5. Sophrony (Sakharov), Archim. The sacrament of Christian life. – Sergiev Posad: Holy Trinity Sergiev Lavra, 2009. – 272 p.
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