CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №10(173)2022
PERSONA GRATA
E. P. Rusakova:
Transformation of the legal paradigm of the civil process in the era of digitalization Interview with Ekaterina Petrovna Rusakova, Ph.D. in Law, professor, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendhip University of Russia
EURASIAN INTEGRATION
Dyachenko E. B.
Influence of the case-law of the Court of the Eurasian Economic Union on law enforcement in the Russian Federation
INTERNATIONAL LAW
Bogatyrenko I. A.
Historical background and current problems of the universal human rights treaty bodies
Gigineyshvili M. T.
Main results of 20 years of work of the ICC
Sun D.
International legal regime for registration of global navigation satellite systems
Sun D.
International legal responsibility of States for providers of global navigation satellite communication services
INTERNATIONAL PRIVATE LAW
Talimonchik V. P.
Status of information and communication system operators in private international law
Berman A. M.
Issues of recognition and enforcement of foreign arbitral awards in the Russian Federation
Ermakova E. P.
Stages of court informatization in China: versions 1.0, 2.0, 3.0 and 4.0
Rusakova E. P., Zaytsev V. V.
The development of predict courts’ decisions: the US experience
Tsepova E. A.
Prospects for participation of the Russian Federation
in the international exchange of tax information under sanctions
Miroshnichenko O. I., Kozlova O. E.
On the issue of the legalization of cryptocurrencies in the Russian Federation: general theoretical aspect
Kupchina E. V.
Digital evidence in international commercial arbitration on intellectual disputes
Tsepova E. A.
Development in the Russian Federation of cross-border financial control over the individuals’ capital movement
Proskurina D. S.
Problems of court consideration of cases on protection of intellectual rights to trademarks in the digital environment
Berman A. M., Ershov N. A.
Legalisation of parallel import in the Russian Federation: new opportunities or an uncontrolled element?
EUROPEAN LAW
Kadysheva O. V.
The effect of the public policy clause on the functioning of the internal market
THEORY OF STATE AND LAW
Baydarova M. A.
Legal exceptions as an indicator of the development of the labor legislation of the Russian Federation
Bayniyazova Z. S.
Ensuring the balance of humanistic values and law as a vector of sustainable development of the Russian legal system in the digital Age
Bokova L. N.
The legal aspect and the main trends in the application and development of information technologies and systems
in legal practice
Glushchenko D. V., Kovtun N. A.
Legal aspects of the use of the don troops and the participation of the don Cossack regiments in the first world war based on the journal of combat operations and legal analysis of their enforcement
Lanovoy V. G.
Civilization: concept, signs, types
Kicha M. V.
The modern round of the government crisis in the Republic of Iraq: causes and consequences
Kozyreva A. B.
Forced sterilization of the disabled as a violation of human rights: bioethical, comparative legal and political and sociological aspects
Mironova O. A.
Migration processes in Russia: key trends and factors
Novikova O. I., Rudman M. N.
The problem of universality of social rights and the crisis of the legal state (part 2)
Suleymanov F. M., Taktaeva Z. R.
Institute of compensation for moral damage: socio-legal aspects Ishmukhametov S. R. On the issue of legal policy as one of the main directions of state policy: theoretical and legal foundations
Musina K. S.
General trends in formation of legislation in the field of regulating the legal personality of unmanned vehicles in the context of digitalization
Shvetsov V. V.
Cybersecurity as an element of child protection institution in the XXI century
Yakimov R. V.
Social networks and instant messengers as the main bearer of the right to censorship in the USA
HISTORY OF STATE AND LAW
Belyakova A. M.
Ideological reasons for the collapse of the USSR and the Constitution of the Russian Federation
Gasanova S. A., Aibatov M. M.
The history of the development of Soviet civil law
Gnetova L. V., Gulyaeva T. B., Fabrichnaya L. I.
Legal regulation of negative social phenomena abroad at the end of the XVIII century
Danilov I. B.
Legal nature and political essence of the local budgets of the RSFSR during the NEP
Lysenkov S. G., Butov S. V.
Legal means to combat the falsification of the history of the Great Patriotic War
Ermilov I. V.
Features of the legislative policy of Peter I in relation to the Old Believers
Loos E. V., Semenyuk R. A.
Political and legal ideas about the honor and dignity of the individual in Ancient Egypt
Lyapin N. M.
Cultural and educational organizations of the Lower Volga region in the formation of civil society in the second half of the XIX – early XX century: historical and legal aspect
MIKHEEVA S. N.
Problems of organizing cultural and educational work with special settlers in the Ural region in the early 30s of the XX century
Mironova O. A., Nazarov M. V.
Interaction of the population with authorities carrying out operational search activities: historical and legal aspect
Prys I. E.
Historical and legal analysis of ensuring the implementation of personal rights of minors committed offenses
Shalagina S. V., Galiullina S. D., Gaynutdinov R. R.
To the problem of legal regulation of natural reproduction of the population of Bashkortostan (1945-1959)
Salnikov A. S.
OMSBON of the NKVD of the USSR: creation, structure, activity
Butov S. V.
The feat of Zoya Kosmodemyanskaya in legal documents and arguments of falsifiers of the history of the Great Patriotic War
Gulyaeva T. B., Gnetova L. V., Fabrichnaya L. I.
Features of the legal regulation of prostitution in Russia and abroad at the end of the XVIII century
CONSTITUTIONAL LAW
Arkhipkina A. S., Snitsareva Yu. V.
Receiving subsidies by municipalities of the Irkutsk region to support young families in solving housing problems
Belova A. R.
Transformation of the right to privacy in the conditions of informatization of public relations
Temeeva Yu. K., Magomedova P. R.
Information security as a type of national security in the domestic sphere of the Russian Federation 1
Mallalieva G. G., Alieva Z. I.
Some aspects of the implementation of the Basic Law of the Russian Federation
Stepankov S. D.
Legal aspects of using cryptocurrencies as means of payment in cross-border settlements
Chistyakova O. A.
Restriction of housing rights as a way to influence the debtor
Burenkova M. A.
Features of the implementation and restriction of the right to unhindered return to the Russian Federation in the light of modern realities
ADMINISTRATIVE LAW
Arbuzov A. I., Lomakina I. G., Lyakhov A. V.
Legal aspects of the effectiveness of public procurement in the troops of the National Guard of the Russian Federation
Bogatyreva Yu. V.
The concept of monitoring law enforcement in the activities of internal affairs bodies, the legal basis of the activities of internal affairs bodies to monitor law enforcement
Volkov V. Yu., Kholetskaya A. Yu., Mitkevich V. N.
Prohibition of accounts in a foreign bank for municipal employees
Krasnova E. M.
The jurisdictional powers of police officials in the proceedings on administrative offenses and their classification
Keramova S. N.
The place and role of Magistrates’ courts in the mechanism of realization of citizens’ rights in the Russian Federation
Kovalishina K. V., Evsikova E. V.
Migration accounting in the system of migration relations: theoretical aspect
Lensky V. M., Kochkarev A. I.
Debating questions about the concept and nature of administrative supervision established for persons released from places of deprivation of liberty
Evsikova E. V., Kovalishina K. V.
Migration registration system in the Russian Federation in the context of digitalization and its elements
Sarankina Yu. A.
Family and household breaking as a form of family violence
CIVIL LAW
Akramova A. T.
Correlation problem between the concept of commercial designation and trademark.
Practical aspect
Ananjeva E. O., Ivliev P. V.
Civil and legal support of certain areas in the activities of the PES
Bychko M. A., Savchenko O. N.
“Unacceptable conditions” and “unfair conditions” in contracts with consumers: the relationship of concepts
Kurbatova G. V., Tsibulskaya G. Z.
Purchase and sale of certain types of real estate: features and realization
Mazanaev M. S., Okuneva A. V.
Legal regulation of the loan agreement
Grishin S. M., Odintsov S. V.
Digital healthcare in the European Union: regulation and development trends
Miroshnichenko O. I., Kozlova O. E.
Practical aspects of crypto assets regulation in the Russian Federation
Omaeva Z. K.
The concept and forms of protection of hereditary rights
Nikitina A. V., Kalenov S. E.
Federal territory as a subject of civil law: problems of legal regulation
Shapoval O. V., Mkrtchyan A. L.
On the question of the concept and features of the legal regime of a linear object in the Russian Federation
Ananjeva E. O., Ivliev P. V.
Problems of digitalization of the transport industry in Russia
Askerly D. Z., Sotnikov D. S., Ermolina M. A., Menshikov P. V.
Recognition of ownership right to authorized construction
Kostin A. V.
Invalidity of a transaction made for a purpose contrary to the rule of law or morality
Omaeva Z. K.
Notarization of a will and contracts equated to it as a means of protecting inheritance rights
Bashilov B. I., Oleynik A. D.
General questions of challenging suspicious transactions in bankruptcy proceedings
Karpova Yu. S.
Digital transformation of ways of notifying participants of the process in civil proceedings: current status and prospects
Proskurina D. S.
Legal protection of the exclusive right to a trademark in contextual advertising: the challenges of the digital age
Kuznetsov M. N., Chan Thi Thu Zung, Dinh Thi Mi Lin
Some aspects of environmental dispute settlement in Vietnam
CIVIL PROCESS
Neverov V. I.
Actual problems of the prosecutor’s participation in the civil process
Sakhratulaeva M. M.
Procedural features of consideration of class actions in civil proceedings
HOUSING LAW
Yarovoy A. V.
Renting a dwelling: the implementation of the constitutional right of citizens to housing
FAMILY LAW
Kornakova S. V., Chigrina E. V.
Surrogate mother as a subject of legal relations of surrogate motherhood
Kornakova S. V., Chigrina E. V.
Negative social and legal aspects of «de facto marriage»
LABOR LAW
Magomedov A. M., Magomedova A. G.
Actual problems of special disciplinary responsibility of employees
Sarankina Yu. A.
The role of the trade union in the protection of workers’ labor rights: history and modernity
FINANCIAL LAW
Boguslavskaya N. A.
Goals and principles of providing state loans by the Russian Federation: separate aspects of legal regulation
Eremeev D. V.
Improving the legal regulation of investment activities of certain categories of civil servants of the Russian Federation
Elyakov A. L.
Economic and legal justification for the joint creation of a special economic zone (SEZ) in the territories of the Russian Federation
INFORMATION LAW
Alibekova A. M., Abdullaev R. M.
Some issues of ensuring the information security of minors in the educational process (on the example of the Republic of Dagestan)
Ibragimov I. N., Magdilova L. V.
Administrative responsibility for violation of the prohibition on the sale of alcoholic beverages via the Internet information and telecommunications network
Sadykova A. A., Medzhidova H. S.
Trade secret as a type of information with limited access: some aspects of classification
CRIMINAL LAW
Adilov Z. A.
Problems of criminal responsibility for a terrorist act in the light of modern political and social challenges
Alekseev A. M., Studnev А. S. Marchenko K. S.
A problematic issue that arises when documenting
crimes related to bribery
Bednyagina Yu. A.
Bullying: criminal and criminological aspects
Bichenova A. R., Maximova T. A.
Crimes of minors: concept, causes and prevention
Bondarev S. P., Kangezov M. R.
Procedure for admission to citizenship of the Russian Federation in a simplified procedure
Zaidova M. U.
Increased responsibility for certain crimes against military service
Ilikbaeva E. S., Zhuk A. P.
Features of criminal liability of “roofers” and “zatsepers” in the Russian Federation
Sych K. A.
Social protection measures in connection with the concept of «dangerous state of personality»
Alistanova A. E., Tailova A. G., Magomedov H. B.
The influence of social ill-being in the family on criminogenic situations, arising in everyday life between family members
Adilov Z. A.
About some problems of complicity in unfinished crimes of extremist and terrorist nature
Magomedaliev M. Z., Kurbanova D. N.
Modern ways of fraud in Russia
Magomedova R. M.
Corruption in the environmental management system
Mamontova A. A.
Features of the application of the note to Article of the Criminal Code of the Russian Federation in the conditions of hostage-taking in institutions of the penal system of the Russian Federation
Milova I. E., Anisimov A. A., Oskin E. D.
Some aspects of appointment, procedures and execution of house arrest in relation to suspects, accused by economic crimes
Pkheshkhova I. M.
Object and matter of the public dissemination of knowingly false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation)
Novikova T. Yu., Toropov S. A., Ponomarev A. V.
Appointment of judicial examinations in cases related to the investigation of crimes against traffic safety and operation of transport
Rakhimkulov R. A.
Criminal liability for encroachment on the life of a law enforcement officer
Fedorov A. F., Shtab O. N.
Analysis of the state of theft of other people’s property in the Altai territory
Sharipova A. R.
Criminalization of dissemination of knownly false information about the armed forces of the Russian Federation (Article 207.3 of the Criminal Code of the Russian Federation)
Gamidova T. T.
Problems of exceeding the necessary defense
Makhmutov T. A.
Crimes against justice committed by interrogators, investigators and judges as special types of official crimes
Boytsova A. Yu.
Public danger as a basis for criminalization of acts (on the example of part 1 of article 284.1 of the Criminal Code of the Russian Federation)
Mashady D. A., Kartasheva E. V., BichenovaA. R.
The danger of cybercrime in modern Russia
Semyonov V. V.
Features of carrying out operational investigative measures for the disclosure and investigation of crimes related to the legalization (laundering) of criminally obtained funds
Chalaev M. A.
On the issue of criminal policy during the pandemic
Yakhyaev M. Yu., Tailova A. G., Magdilov N. M.
Official crime of employees of the fiscal service and the main directions for their prevention
CRIMINAL PROCESS
Alymov D. V., Lyaskovets A. V.
Analysis of problematic aspects of presentation tactics for identification
Bayramov R. R., Belousova E. A., Gabdulkhakov M. F.
On the issue of electronic evidence
Bammatov A. B., Kukhtyaeva E. A.
The time limits of the norms of the general part of the Criminal Code
Valyulin R. R.
On the assessment of the subject of pledge, its content, its management and ensuring its safety, in accordance with art. 106 of the Code of Criminal Procedure of the Russian Federation
Grishin D. A., Antipov A. Yu.
Digitalization of criminal proceedings as a guarantee of the legality of individual investigative actions
Gryazeva N. V.
On the issue of legal regulation of the verification of reports of crimes and incidents in institutions of the penal system
Ivanusenko Yu. B.
Procedural significance and tactical features of the examination of physical evidence
Kubanov V. V., Cherezov A. V.
About procedural means of checking messages about crimes
Kobleva M. M., Daraselia E. V.
The use of restorative mediation technologies in work with a juvenile delinquent
Kozlov V. V.
Issues of the implementation of the rights of persons involved in the production of procedural actions when checking a report of a crime
Kosareva I. A.
Evidentiary value of the testimony of a person against whom a criminal case has been separated into a separate proceeding in connection with the conclusion of a pre-trial cooperation agreement with him
Krainsky A. V.
Some aspects of conducting and evaluating the results of an expert experiment in the forensic examination of edged and throwing weapons
Makogon I. V., Bezverkhova S. V.
Actual aspects of the use of special phonoscopic knowledge in criminalistics at the present stage
Petukhova Zh. P.
Law enforcement features of the investigation of criminal cases and the suspension of the preliminary investigation
Safonova Yu. S., Tokareva E. V., Chasovnikova O. G.
Problems of legal regulation of specific investigative actions
Suleymanov T. A., Nazarkin E. V., Novikova L. V., Maslennikova E. A.
Investigative practice of obtaining evidence in criminal cases of crimes related to illicit drug trafficking
Prys E. V.
Preliminary investigation as the most important measure to prevent economic crimes committed by officials
Nazarkin E. V., Suleymanov T. A.
Features of tactics of detention and personal search during the investigation of illicit trafficking of narcotic drugs and psychotropic substances in institutions providing isolation from society
Khabarova E. A., Nikolaeva D. Yu.
The evidentiary value of the presentation procedure for identification by the «general» image
Shamshina O. S.
Some aspects of on-site verification of readings
Shmatov V. M.
On some aspects of the criminal procedural relations of the investigator and the body of inquiry
Shuvalov D. N.
To the question of integration of criminal procedure and criminalistic knowledge during the investigation
Askerkhanova D. Yu., Kukhtyaeva E. A.
Theoretical foundations of ensuring the right to defense at the stage of appeal proceedings
Gritsenko N. S.
The concept of collegiality of the composition of the court when considering criminal cases
Tsibulskaya G. Z., Kurbatova G. V.
Classification and types of evidence in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Asadov V. V.
Selected aspects of interaction of criminal enforcement inspections with the courts in the appointment and execution of a conditional criminal sentence
Borchenko V. A., Tuliev I. I.
Legal regulation of the provision of legal assistance to convicts in correctional institutions
Butenko T. P., Petaychuk A. A.
Legal regulation of public control over the provision of human rights in correctional institutions
Vetrova O. A.
Issues of determining the legal status of a foreign citizen who has committed a crime on the territory of Russia
Glebova E. V., Pitimirova E. V.
Liability of employees of the penitentiary system for unlawful use of special means and physical force
Klimyuk L. Ya.
On some legal aspects of regulating the labor activity of persons sentenced to imprisonment
Kuzina E. V., Klimonov P. A.
Features of the application of penalties in relation to those sentenced to corrective and compulsory labor
Sokolov A. A.
Transfer of convicted foreigners to their countries of citizenship as a basis for release from serving sentences in the Russian Federation
OPERATIONAL AND INVESTIGATIVE ACTIVITIES
Buzulukskiy P. V.
Problems and ways to improve the execution of punishment in the form of deprivation of liberty
CRIMINALISTICS
Dvoryanov I. B.
The identity of the perpetrator of the unlawful conversion of civilian weapons
Ivanova L. A., Shustikova M. V.
Features of the inspection of the scene of the accident and the inspection of the site areas
Mashlyakevich V. A.
Some features of the forensic phonoscopic examination in the investigation of fraud committed with the use of telephone communications
Safonov D. A.
The significance and problems of the research of the subject of criminal encroachment in the investigation of illegal cutting of forest planting
CRIMINOLOGY
Abdulatipov A. M., Urumov A. V.
Features of terrorist structures «sleeping cells» formation (on the example of the republic of Dagestan)
Agarkova T. K., Gauzhaeva V. A., Prokofieva E. V., Khanina N. V.
General characteristics of drug crime in Russia
Kolesnikova I. E.
Investigation of crimes using non-verbal communication
Plotnikov D. V., Sereda Yu. S., Ragzin N. S.
Issues of crime prevention on the interaction of expert institutions with investigative authorities and courts for the implementation of prophylactic proposals
Kodzokova L. A., Kurlovich P. N., Romanyuk V. S.
Some problems of victimology as a criminological category
Stepanenko D. A.
Formation of criminological databases using blockchain technologies
Stupina S. A.
Some crime trends in modern conditions
Tutova O. V.
Features of trace formation in the commission of crimes in the field of information and communication technologies
ADMINISTRATIVE JUDICIARY
Ivanenko I. N., Mitashova A. A
Some issues of the use of artificial intelligence in order production
LAW ENFORCEMENT AGENCIES
Arhipov E. V., Pesterev N. N., Lihova A. A.
Current problems of firearms training in internal affairs bodies: theoretical and practical aspects
Gofman A. A.
“Fire training” in various forms of education: features of mastering
Kalyuzhnaya O. V.
On the issue of forming the image of employees of the penitentiary system in the public mind through social networks
Mansurova Z. R., Asyanova S. R.
Professional and psychological training of police officers
Parashevina E. A., Kutsenko K. S.
The role of the prosecution authorities of the Russian Federation in countering the legalization of digital currencies through the use of information and telecommunication technologies
PROSECUTOR’S SUPERVISION
Rudykh S. N.
Protection by the prosecutor of the rights of entrepreneurs in the provision of state and municipal services
SECURITY AND LAW
Nagoeva M. A.
Topical issues of the development of modern international extremism
Sobalirova Z. Kh.
Social networks as an information resource for the spread of extremism
Kodzokova L. A., Kumekhova M. B.
Problems of the spread of drug addiction among young people
Kuchmezov R. A.
Social networks as an information resource for the spread of extremism
Malyshev S. Ya., Kiselyov N. N.
Protection of information constituting a state secret from unauthorized dissemination, disclosure or disclosure
Nagoeva M. A.
On the issue of the problems of preventing road accidents in modern Russia
Ulendeeva N.I., Keropyan M.O.
Opportunities for the implementation of blockchain technology in the document flow of institutions and organizations
Shogenov T. M., Fedorenko S. P., Voyloshnikov O. D., Buraeva L. A.
On topical issues of compliance with personal security measures by employees of anti-extremism units when performing operational
and official tasks
Sobalirova Z. Kh.
Measures to counter the spread of extremist content on social media
STATE AND LAW
Gadieva A. N.
Interethnic conflict: from settlement to resolution (on the example of Ossetian-Ingush relations)
Fastovich G. G., Kudashova I. V., Kapsargina S. A.
Application of information technologies in the innovative development sector of the Russian Federation
Chuprova V. O., Unterov V. A.
Protection of the family, motherhood, fatherhood and childhood as a key policy direction of the Russian Federation
PEDAGOGY AND LAW
Dosova A. V., Sidorenko O. V.
Additional education as a form of obtaining professional knowledge
Kilsenbaeva D. G., Valitova N. E., Gareev E. S., Dunova R. R.
Analysis of the communication policy of volunteer centers, on the example of the “GAU Republican center for volunteer movement and support of youth initiatives”
Krautman T. E.
Requirements for the personality of an instructor of the University of the Ministry of Internal Affairs of Russia in modern conditions
Latypova E. R., Raymanov R. I.
Casestudy method in the process of teaching intercultural communication skills (by the example of China)
Madzhuga A. G., Agzamov R. R., Samolovov N. A., Yumagulova N. I., Yelagina M. Yu.
Fractal-holographic thinking of students: the essence, structure, principles and mechanisms of formation
Ozersky S. V.
Features of teaching technical disciplines in universities of the Federal Penitentiary Service of Russia
Titova O. Z.
Study of speech culture features by cadets of educational organizations of the Federal Penitentiary Service of Russia in the course “Russian language in business documentation”
Semenov V. V., Thomas A. V.
The influence of a sports team sport – basketball on the life of a police officer
PSYCHOLOGY AND LAW
Nurmukhametova I. F., Asafjeva N. V., Davtyan V. G.
Psychological features of the adaptive capabilities of employees of Internal Affairs Agencies
Shchelkonogov E. E., Bychkov S. N., Deryusheva O. I., Pranitskaya T. O., Semenov K. P.
Detention of persons suspected of committing a crime: physical aspects of ensuring the personal safety of police officers
ECONOMY. LAW. SOCIETY
Galimullina N. A., Farvazova A. V., Gilyazova A. I., Sizonenko Z. L., Sagadieva D. H.
Material incentives for the remuneration of civil servants
Tolikova E. E., Makeev A. V.
Business readiness assessment methodology towards digital transformation
Uvarova M. N., Polshakova N. V., Grishina S. Yu.
Import substitution in the sugar sub-complex as a food security priority
Cheremisina N. V., Cheremisina T. N., Golomidova P. N., Pustynnikova E. A.
Socio-economic situation of the tambov region in times of crisis
Aslyamova E. M.
Methods for evaluating the effectiveness of the introduction of digital technologies in procurement activities in oil and gas companies
Borisov A. O., Nizametdinova E. A.
Prospects for economic stabilization of the fuel and energy complex of russia in the context of the narrowing of the sanctions ring
Abramov N. R., Samigullin R. R., Abramova S. R.
Socio-economic consequences of sanctions policy as regulatory measures
Khakimov R. M., Abramov N. R., Nurutdinov A. A.
Inertia of socio-economic systems in the context of sustainable development
PHILOSOPHY. LAW. SOCIETY
Rudkevich E. Yu.
The legacy of Sun Tzu and his assessment for the modern philosophy of war
Rubantsova T. A.
The concept of man in the religious and philosophical tradition of the Middle Ages
Vorokhobov A. V., Ulanov M. V.
From a rational animal to a rational person: the foundations of I. Kant’s anthropology
Gaynullin R. A., Bikimbetov R. G., Vildanov Kh. S.
Social forecasting and design of societal systems
Gutorov Yu. A., Plaksin V. A., Spirin V. K.
The Eurasian essence of the Russian civilization in the historiosophy of the Eurasians
Nazarova M. G.
N. A. Berdyaev’s eschatological ideas about the fate of Russia and the world
Ivanova E. V.
The concept of religious security and its implementation in the educational environment
Alshevskaya L. V.
Philosophical ontology in the context of the pedagogy of being: theoretical and methodological aspect
Vorokhobov A. V., Ulanov M. V.
Fundamentals of anthropological views of I. Kant (man as a rational, self-improving being)
Galimova L. R.
The problem of forming the value bases of socialization
Egorovа Yu. R.
On the relative character of evil
Shilova O. S.
Socio-philosophical problems of the ethnogenesis of the Russian people
Shmatko A. A.
Socio-phenomenological study of the basic levels of historical consciousness
Laryushkin S. A.
Manifestation of national consciousness in the feat of the Russian New Martyrs (based on the material of liturgical texts)
E. P. Rusakova:
Transformation of the legal paradigm of the civil process in the era of digitalization Interview with Ekaterina Petrovna Rusakova, Ph.D. in Law, professor, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendhip University of Russia
EURASIAN INTEGRATION
Dyachenko E. B.
Influence of the case-law of the Court of the Eurasian Economic Union on law enforcement in the Russian Federation
INTERNATIONAL LAW
Bogatyrenko I. A.
Historical background and current problems of the universal human rights treaty bodies
Gigineyshvili M. T.
Main results of 20 years of work of the ICC
Sun D.
International legal regime for registration of global navigation satellite systems
Sun D.
International legal responsibility of States for providers of global navigation satellite communication services
INTERNATIONAL PRIVATE LAW
Talimonchik V. P.
Status of information and communication system operators in private international law
Berman A. M.
Issues of recognition and enforcement of foreign arbitral awards in the Russian Federation
Ermakova E. P.
Stages of court informatization in China: versions 1.0, 2.0, 3.0 and 4.0
Rusakova E. P., Zaytsev V. V.
The development of predict courts’ decisions: the US experience
Tsepova E. A.
Prospects for participation of the Russian Federation
in the international exchange of tax information under sanctions
Miroshnichenko O. I., Kozlova O. E.
On the issue of the legalization of cryptocurrencies in the Russian Federation: general theoretical aspect
Kupchina E. V.
Digital evidence in international commercial arbitration on intellectual disputes
Tsepova E. A.
Development in the Russian Federation of cross-border financial control over the individuals’ capital movement
Proskurina D. S.
Problems of court consideration of cases on protection of intellectual rights to trademarks in the digital environment
Berman A. M., Ershov N. A.
Legalisation of parallel import in the Russian Federation: new opportunities or an uncontrolled element?
EUROPEAN LAW
Kadysheva O. V.
The effect of the public policy clause on the functioning of the internal market
THEORY OF STATE AND LAW
Baydarova M. A.
Legal exceptions as an indicator of the development of the labor legislation of the Russian Federation
Bayniyazova Z. S.
Ensuring the balance of humanistic values and law as a vector of sustainable development of the Russian legal system in the digital Age
Bokova L. N.
The legal aspect and the main trends in the application and development of information technologies and systems
in legal practice
Glushchenko D. V., Kovtun N. A.
Legal aspects of the use of the don troops and the participation of the don Cossack regiments in the first world war based on the journal of combat operations and legal analysis of their enforcement
Lanovoy V. G.
Civilization: concept, signs, types
Kicha M. V.
The modern round of the government crisis in the Republic of Iraq: causes and consequences
Kozyreva A. B.
Forced sterilization of the disabled as a violation of human rights: bioethical, comparative legal and political and sociological aspects
Mironova O. A.
Migration processes in Russia: key trends and factors
Novikova O. I., Rudman M. N.
The problem of universality of social rights and the crisis of the legal state (part 2)
Suleymanov F. M., Taktaeva Z. R.
Institute of compensation for moral damage: socio-legal aspects Ishmukhametov S. R. On the issue of legal policy as one of the main directions of state policy: theoretical and legal foundations
Musina K. S.
General trends in formation of legislation in the field of regulating the legal personality of unmanned vehicles in the context of digitalization
Shvetsov V. V.
Cybersecurity as an element of child protection institution in the XXI century
Yakimov R. V.
Social networks and instant messengers as the main bearer of the right to censorship in the USA
HISTORY OF STATE AND LAW
Belyakova A. M.
Ideological reasons for the collapse of the USSR and the Constitution of the Russian Federation
Gasanova S. A., Aibatov M. M.
The history of the development of Soviet civil law
Gnetova L. V., Gulyaeva T. B., Fabrichnaya L. I.
Legal regulation of negative social phenomena abroad at the end of the XVIII century
Danilov I. B.
Legal nature and political essence of the local budgets of the RSFSR during the NEP
Lysenkov S. G., Butov S. V.
Legal means to combat the falsification of the history of the Great Patriotic War
Ermilov I. V.
Features of the legislative policy of Peter I in relation to the Old Believers
Loos E. V., Semenyuk R. A.
Political and legal ideas about the honor and dignity of the individual in Ancient Egypt
Lyapin N. M.
Cultural and educational organizations of the Lower Volga region in the formation of civil society in the second half of the XIX – early XX century: historical and legal aspect
MIKHEEVA S. N.
Problems of organizing cultural and educational work with special settlers in the Ural region in the early 30s of the XX century
Mironova O. A., Nazarov M. V.
Interaction of the population with authorities carrying out operational search activities: historical and legal aspect
Prys I. E.
Historical and legal analysis of ensuring the implementation of personal rights of minors committed offenses
Shalagina S. V., Galiullina S. D., Gaynutdinov R. R.
To the problem of legal regulation of natural reproduction of the population of Bashkortostan (1945-1959)
Salnikov A. S.
OMSBON of the NKVD of the USSR: creation, structure, activity
Butov S. V.
The feat of Zoya Kosmodemyanskaya in legal documents and arguments of falsifiers of the history of the Great Patriotic War
Gulyaeva T. B., Gnetova L. V., Fabrichnaya L. I.
Features of the legal regulation of prostitution in Russia and abroad at the end of the XVIII century
CONSTITUTIONAL LAW
Arkhipkina A. S., Snitsareva Yu. V.
Receiving subsidies by municipalities of the Irkutsk region to support young families in solving housing problems
Belova A. R.
Transformation of the right to privacy in the conditions of informatization of public relations
Temeeva Yu. K., Magomedova P. R.
Information security as a type of national security in the domestic sphere of the Russian Federation 1
Mallalieva G. G., Alieva Z. I.
Some aspects of the implementation of the Basic Law of the Russian Federation
Stepankov S. D.
Legal aspects of using cryptocurrencies as means of payment in cross-border settlements
Chistyakova O. A.
Restriction of housing rights as a way to influence the debtor
Burenkova M. A.
Features of the implementation and restriction of the right to unhindered return to the Russian Federation in the light of modern realities
ADMINISTRATIVE LAW
Arbuzov A. I., Lomakina I. G., Lyakhov A. V.
Legal aspects of the effectiveness of public procurement in the troops of the National Guard of the Russian Federation
Bogatyreva Yu. V.
The concept of monitoring law enforcement in the activities of internal affairs bodies, the legal basis of the activities of internal affairs bodies to monitor law enforcement
Volkov V. Yu., Kholetskaya A. Yu., Mitkevich V. N.
Prohibition of accounts in a foreign bank for municipal employees
Krasnova E. M.
The jurisdictional powers of police officials in the proceedings on administrative offenses and their classification
Keramova S. N.
The place and role of Magistrates’ courts in the mechanism of realization of citizens’ rights in the Russian Federation
Kovalishina K. V., Evsikova E. V.
Migration accounting in the system of migration relations: theoretical aspect
Lensky V. M., Kochkarev A. I.
Debating questions about the concept and nature of administrative supervision established for persons released from places of deprivation of liberty
Evsikova E. V., Kovalishina K. V.
Migration registration system in the Russian Federation in the context of digitalization and its elements
Sarankina Yu. A.
Family and household breaking as a form of family violence
CIVIL LAW
Akramova A. T.
Correlation problem between the concept of commercial designation and trademark.
Practical aspect
Ananjeva E. O., Ivliev P. V.
Civil and legal support of certain areas in the activities of the PES
Bychko M. A., Savchenko O. N.
“Unacceptable conditions” and “unfair conditions” in contracts with consumers: the relationship of concepts
Kurbatova G. V., Tsibulskaya G. Z.
Purchase and sale of certain types of real estate: features and realization
Mazanaev M. S., Okuneva A. V.
Legal regulation of the loan agreement
Grishin S. M., Odintsov S. V.
Digital healthcare in the European Union: regulation and development trends
Miroshnichenko O. I., Kozlova O. E.
Practical aspects of crypto assets regulation in the Russian Federation
Omaeva Z. K.
The concept and forms of protection of hereditary rights
Nikitina A. V., Kalenov S. E.
Federal territory as a subject of civil law: problems of legal regulation
Shapoval O. V., Mkrtchyan A. L.
On the question of the concept and features of the legal regime of a linear object in the Russian Federation
Ananjeva E. O., Ivliev P. V.
Problems of digitalization of the transport industry in Russia
Askerly D. Z., Sotnikov D. S., Ermolina M. A., Menshikov P. V.
Recognition of ownership right to authorized construction
Kostin A. V.
Invalidity of a transaction made for a purpose contrary to the rule of law or morality
Omaeva Z. K.
Notarization of a will and contracts equated to it as a means of protecting inheritance rights
Bashilov B. I., Oleynik A. D.
General questions of challenging suspicious transactions in bankruptcy proceedings
Karpova Yu. S.
Digital transformation of ways of notifying participants of the process in civil proceedings: current status and prospects
Proskurina D. S.
Legal protection of the exclusive right to a trademark in contextual advertising: the challenges of the digital age
Kuznetsov M. N., Chan Thi Thu Zung, Dinh Thi Mi Lin
Some aspects of environmental dispute settlement in Vietnam
CIVIL PROCESS
Neverov V. I.
Actual problems of the prosecutor’s participation in the civil process
Sakhratulaeva M. M.
Procedural features of consideration of class actions in civil proceedings
HOUSING LAW
Yarovoy A. V.
Renting a dwelling: the implementation of the constitutional right of citizens to housing
FAMILY LAW
Kornakova S. V., Chigrina E. V.
Surrogate mother as a subject of legal relations of surrogate motherhood
Kornakova S. V., Chigrina E. V.
Negative social and legal aspects of «de facto marriage»
LABOR LAW
Magomedov A. M., Magomedova A. G.
Actual problems of special disciplinary responsibility of employees
Sarankina Yu. A.
The role of the trade union in the protection of workers’ labor rights: history and modernity
FINANCIAL LAW
Boguslavskaya N. A.
Goals and principles of providing state loans by the Russian Federation: separate aspects of legal regulation
Eremeev D. V.
Improving the legal regulation of investment activities of certain categories of civil servants of the Russian Federation
Elyakov A. L.
Economic and legal justification for the joint creation of a special economic zone (SEZ) in the territories of the Russian Federation
INFORMATION LAW
Alibekova A. M., Abdullaev R. M.
Some issues of ensuring the information security of minors in the educational process (on the example of the Republic of Dagestan)
Ibragimov I. N., Magdilova L. V.
Administrative responsibility for violation of the prohibition on the sale of alcoholic beverages via the Internet information and telecommunications network
Sadykova A. A., Medzhidova H. S.
Trade secret as a type of information with limited access: some aspects of classification
CRIMINAL LAW
Adilov Z. A.
Problems of criminal responsibility for a terrorist act in the light of modern political and social challenges
Alekseev A. M., Studnev А. S. Marchenko K. S.
A problematic issue that arises when documenting
crimes related to bribery
Bednyagina Yu. A.
Bullying: criminal and criminological aspects
Bichenova A. R., Maximova T. A.
Crimes of minors: concept, causes and prevention
Bondarev S. P., Kangezov M. R.
Procedure for admission to citizenship of the Russian Federation in a simplified procedure
Zaidova M. U.
Increased responsibility for certain crimes against military service
Ilikbaeva E. S., Zhuk A. P.
Features of criminal liability of “roofers” and “zatsepers” in the Russian Federation
Sych K. A.
Social protection measures in connection with the concept of «dangerous state of personality»
Alistanova A. E., Tailova A. G., Magomedov H. B.
The influence of social ill-being in the family on criminogenic situations, arising in everyday life between family members
Adilov Z. A.
About some problems of complicity in unfinished crimes of extremist and terrorist nature
Magomedaliev M. Z., Kurbanova D. N.
Modern ways of fraud in Russia
Magomedova R. M.
Corruption in the environmental management system
Mamontova A. A.
Features of the application of the note to Article of the Criminal Code of the Russian Federation in the conditions of hostage-taking in institutions of the penal system of the Russian Federation
Milova I. E., Anisimov A. A., Oskin E. D.
Some aspects of appointment, procedures and execution of house arrest in relation to suspects, accused by economic crimes
Pkheshkhova I. M.
Object and matter of the public dissemination of knowingly false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation)
Novikova T. Yu., Toropov S. A., Ponomarev A. V.
Appointment of judicial examinations in cases related to the investigation of crimes against traffic safety and operation of transport
Rakhimkulov R. A.
Criminal liability for encroachment on the life of a law enforcement officer
Fedorov A. F., Shtab O. N.
Analysis of the state of theft of other people’s property in the Altai territory
Sharipova A. R.
Criminalization of dissemination of knownly false information about the armed forces of the Russian Federation (Article 207.3 of the Criminal Code of the Russian Federation)
Gamidova T. T.
Problems of exceeding the necessary defense
Makhmutov T. A.
Crimes against justice committed by interrogators, investigators and judges as special types of official crimes
Boytsova A. Yu.
Public danger as a basis for criminalization of acts (on the example of part 1 of article 284.1 of the Criminal Code of the Russian Federation)
Mashady D. A., Kartasheva E. V., BichenovaA. R.
The danger of cybercrime in modern Russia
Semyonov V. V.
Features of carrying out operational investigative measures for the disclosure and investigation of crimes related to the legalization (laundering) of criminally obtained funds
Chalaev M. A.
On the issue of criminal policy during the pandemic
Yakhyaev M. Yu., Tailova A. G., Magdilov N. M.
Official crime of employees of the fiscal service and the main directions for their prevention
CRIMINAL PROCESS
Alymov D. V., Lyaskovets A. V.
Analysis of problematic aspects of presentation tactics for identification
Bayramov R. R., Belousova E. A., Gabdulkhakov M. F.
On the issue of electronic evidence
Bammatov A. B., Kukhtyaeva E. A.
The time limits of the norms of the general part of the Criminal Code
Valyulin R. R.
On the assessment of the subject of pledge, its content, its management and ensuring its safety, in accordance with art. 106 of the Code of Criminal Procedure of the Russian Federation
Grishin D. A., Antipov A. Yu.
Digitalization of criminal proceedings as a guarantee of the legality of individual investigative actions
Gryazeva N. V.
On the issue of legal regulation of the verification of reports of crimes and incidents in institutions of the penal system
Ivanusenko Yu. B.
Procedural significance and tactical features of the examination of physical evidence
Kubanov V. V., Cherezov A. V.
About procedural means of checking messages about crimes
Kobleva M. M., Daraselia E. V.
The use of restorative mediation technologies in work with a juvenile delinquent
Kozlov V. V.
Issues of the implementation of the rights of persons involved in the production of procedural actions when checking a report of a crime
Kosareva I. A.
Evidentiary value of the testimony of a person against whom a criminal case has been separated into a separate proceeding in connection with the conclusion of a pre-trial cooperation agreement with him
Krainsky A. V.
Some aspects of conducting and evaluating the results of an expert experiment in the forensic examination of edged and throwing weapons
Makogon I. V., Bezverkhova S. V.
Actual aspects of the use of special phonoscopic knowledge in criminalistics at the present stage
Petukhova Zh. P.
Law enforcement features of the investigation of criminal cases and the suspension of the preliminary investigation
Safonova Yu. S., Tokareva E. V., Chasovnikova O. G.
Problems of legal regulation of specific investigative actions
Suleymanov T. A., Nazarkin E. V., Novikova L. V., Maslennikova E. A.
Investigative practice of obtaining evidence in criminal cases of crimes related to illicit drug trafficking
Prys E. V.
Preliminary investigation as the most important measure to prevent economic crimes committed by officials
Nazarkin E. V., Suleymanov T. A.
Features of tactics of detention and personal search during the investigation of illicit trafficking of narcotic drugs and psychotropic substances in institutions providing isolation from society
Khabarova E. A., Nikolaeva D. Yu.
The evidentiary value of the presentation procedure for identification by the «general» image
Shamshina O. S.
Some aspects of on-site verification of readings
Shmatov V. M.
On some aspects of the criminal procedural relations of the investigator and the body of inquiry
Shuvalov D. N.
To the question of integration of criminal procedure and criminalistic knowledge during the investigation
Askerkhanova D. Yu., Kukhtyaeva E. A.
Theoretical foundations of ensuring the right to defense at the stage of appeal proceedings
Gritsenko N. S.
The concept of collegiality of the composition of the court when considering criminal cases
Tsibulskaya G. Z., Kurbatova G. V.
Classification and types of evidence in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Asadov V. V.
Selected aspects of interaction of criminal enforcement inspections with the courts in the appointment and execution of a conditional criminal sentence
Borchenko V. A., Tuliev I. I.
Legal regulation of the provision of legal assistance to convicts in correctional institutions
Butenko T. P., Petaychuk A. A.
Legal regulation of public control over the provision of human rights in correctional institutions
Vetrova O. A.
Issues of determining the legal status of a foreign citizen who has committed a crime on the territory of Russia
Glebova E. V., Pitimirova E. V.
Liability of employees of the penitentiary system for unlawful use of special means and physical force
Klimyuk L. Ya.
On some legal aspects of regulating the labor activity of persons sentenced to imprisonment
Kuzina E. V., Klimonov P. A.
Features of the application of penalties in relation to those sentenced to corrective and compulsory labor
Sokolov A. A.
Transfer of convicted foreigners to their countries of citizenship as a basis for release from serving sentences in the Russian Federation
OPERATIONAL AND INVESTIGATIVE ACTIVITIES
Buzulukskiy P. V.
Problems and ways to improve the execution of punishment in the form of deprivation of liberty
CRIMINALISTICS
Dvoryanov I. B.
The identity of the perpetrator of the unlawful conversion of civilian weapons
Ivanova L. A., Shustikova M. V.
Features of the inspection of the scene of the accident and the inspection of the site areas
Mashlyakevich V. A.
Some features of the forensic phonoscopic examination in the investigation of fraud committed with the use of telephone communications
Safonov D. A.
The significance and problems of the research of the subject of criminal encroachment in the investigation of illegal cutting of forest planting
CRIMINOLOGY
Abdulatipov A. M., Urumov A. V.
Features of terrorist structures «sleeping cells» formation (on the example of the republic of Dagestan)
Agarkova T. K., Gauzhaeva V. A., Prokofieva E. V., Khanina N. V.
General characteristics of drug crime in Russia
Kolesnikova I. E.
Investigation of crimes using non-verbal communication
Plotnikov D. V., Sereda Yu. S., Ragzin N. S.
Issues of crime prevention on the interaction of expert institutions with investigative authorities and courts for the implementation of prophylactic proposals
Kodzokova L. A., Kurlovich P. N., Romanyuk V. S.
Some problems of victimology as a criminological category
Stepanenko D. A.
Formation of criminological databases using blockchain technologies
Stupina S. A.
Some crime trends in modern conditions
Tutova O. V.
Features of trace formation in the commission of crimes in the field of information and communication technologies
ADMINISTRATIVE JUDICIARY
Ivanenko I. N., Mitashova A. A
Some issues of the use of artificial intelligence in order production
LAW ENFORCEMENT AGENCIES
Arhipov E. V., Pesterev N. N., Lihova A. A.
Current problems of firearms training in internal affairs bodies: theoretical and practical aspects
Gofman A. A.
“Fire training” in various forms of education: features of mastering
Kalyuzhnaya O. V.
On the issue of forming the image of employees of the penitentiary system in the public mind through social networks
Mansurova Z. R., Asyanova S. R.
Professional and psychological training of police officers
Parashevina E. A., Kutsenko K. S.
The role of the prosecution authorities of the Russian Federation in countering the legalization of digital currencies through the use of information and telecommunication technologies
PROSECUTOR’S SUPERVISION
Rudykh S. N.
Protection by the prosecutor of the rights of entrepreneurs in the provision of state and municipal services
SECURITY AND LAW
Nagoeva M. A.
Topical issues of the development of modern international extremism
Sobalirova Z. Kh.
Social networks as an information resource for the spread of extremism
Kodzokova L. A., Kumekhova M. B.
Problems of the spread of drug addiction among young people
Kuchmezov R. A.
Social networks as an information resource for the spread of extremism
Malyshev S. Ya., Kiselyov N. N.
Protection of information constituting a state secret from unauthorized dissemination, disclosure or disclosure
Nagoeva M. A.
On the issue of the problems of preventing road accidents in modern Russia
Ulendeeva N.I., Keropyan M.O.
Opportunities for the implementation of blockchain technology in the document flow of institutions and organizations
Shogenov T. M., Fedorenko S. P., Voyloshnikov O. D., Buraeva L. A.
On topical issues of compliance with personal security measures by employees of anti-extremism units when performing operational
and official tasks
Sobalirova Z. Kh.
Measures to counter the spread of extremist content on social media
STATE AND LAW
Gadieva A. N.
Interethnic conflict: from settlement to resolution (on the example of Ossetian-Ingush relations)
Fastovich G. G., Kudashova I. V., Kapsargina S. A.
Application of information technologies in the innovative development sector of the Russian Federation
Chuprova V. O., Unterov V. A.
Protection of the family, motherhood, fatherhood and childhood as a key policy direction of the Russian Federation
PEDAGOGY AND LAW
Dosova A. V., Sidorenko O. V.
Additional education as a form of obtaining professional knowledge
Kilsenbaeva D. G., Valitova N. E., Gareev E. S., Dunova R. R.
Analysis of the communication policy of volunteer centers, on the example of the “GAU Republican center for volunteer movement and support of youth initiatives”
Krautman T. E.
Requirements for the personality of an instructor of the University of the Ministry of Internal Affairs of Russia in modern conditions
Latypova E. R., Raymanov R. I.
Casestudy method in the process of teaching intercultural communication skills (by the example of China)
Madzhuga A. G., Agzamov R. R., Samolovov N. A., Yumagulova N. I., Yelagina M. Yu.
Fractal-holographic thinking of students: the essence, structure, principles and mechanisms of formation
Ozersky S. V.
Features of teaching technical disciplines in universities of the Federal Penitentiary Service of Russia
Titova O. Z.
Study of speech culture features by cadets of educational organizations of the Federal Penitentiary Service of Russia in the course “Russian language in business documentation”
Semenov V. V., Thomas A. V.
The influence of a sports team sport – basketball on the life of a police officer
PSYCHOLOGY AND LAW
Nurmukhametova I. F., Asafjeva N. V., Davtyan V. G.
Psychological features of the adaptive capabilities of employees of Internal Affairs Agencies
Shchelkonogov E. E., Bychkov S. N., Deryusheva O. I., Pranitskaya T. O., Semenov K. P.
Detention of persons suspected of committing a crime: physical aspects of ensuring the personal safety of police officers
ECONOMY. LAW. SOCIETY
Galimullina N. A., Farvazova A. V., Gilyazova A. I., Sizonenko Z. L., Sagadieva D. H.
Material incentives for the remuneration of civil servants
Tolikova E. E., Makeev A. V.
Business readiness assessment methodology towards digital transformation
Uvarova M. N., Polshakova N. V., Grishina S. Yu.
Import substitution in the sugar sub-complex as a food security priority
Cheremisina N. V., Cheremisina T. N., Golomidova P. N., Pustynnikova E. A.
Socio-economic situation of the tambov region in times of crisis
Aslyamova E. M.
Methods for evaluating the effectiveness of the introduction of digital technologies in procurement activities in oil and gas companies
Borisov A. O., Nizametdinova E. A.
Prospects for economic stabilization of the fuel and energy complex of russia in the context of the narrowing of the sanctions ring
Abramov N. R., Samigullin R. R., Abramova S. R.
Socio-economic consequences of sanctions policy as regulatory measures
Khakimov R. M., Abramov N. R., Nurutdinov A. A.
Inertia of socio-economic systems in the context of sustainable development
PHILOSOPHY. LAW. SOCIETY
Rudkevich E. Yu.
The legacy of Sun Tzu and his assessment for the modern philosophy of war
Rubantsova T. A.
The concept of man in the religious and philosophical tradition of the Middle Ages
Vorokhobov A. V., Ulanov M. V.
From a rational animal to a rational person: the foundations of I. Kant’s anthropology
Gaynullin R. A., Bikimbetov R. G., Vildanov Kh. S.
Social forecasting and design of societal systems
Gutorov Yu. A., Plaksin V. A., Spirin V. K.
The Eurasian essence of the Russian civilization in the historiosophy of the Eurasians
Nazarova M. G.
N. A. Berdyaev’s eschatological ideas about the fate of Russia and the world
Ivanova E. V.
The concept of religious security and its implementation in the educational environment
Alshevskaya L. V.
Philosophical ontology in the context of the pedagogy of being: theoretical and methodological aspect
Vorokhobov A. V., Ulanov M. V.
Fundamentals of anthropological views of I. Kant (man as a rational, self-improving being)
Galimova L. R.
The problem of forming the value bases of socialization
Egorovа Yu. R.
On the relative character of evil
Shilova O. S.
Socio-philosophical problems of the ethnogenesis of the Russian people
Shmatko A. A.
Socio-phenomenological study of the basic levels of historical consciousness
Laryushkin S. A.
Manifestation of national consciousness in the feat of the Russian New Martyrs (based on the material of liturgical texts)
EURASIAN INTEGRATION
DYACHENKO Ekaterina Borisovna
Ph.D. in Law, Advisor to the Judge of the Court of the Eurasian Economic Union, senior researcher of the Institute of State and Law of the Russian Academy of Sciences
INFLUENCE OF THE CASE-LAW OF THE COURT OF THE EURASIAN ECONOMIC UNION ON LAW ENFORCEMENT IN THE RUSSIAN FEDERATION
EAEU law is consistently interpreted and applied by the courts of its Member States taking into account the principle of supremacy of the integration organization’s legal order and with the use of the legal findings previously formulated by the EAEU Court in other cases. The Russian case law incorporated both the legal findings of the EAEU Court that were formulated in cases regarding the application of specific areas of integration law, mostly in the field of customs regulation, and universal legal findings concerning, above all, the protection of human rights . The author suggests to overcome the problematic aspects of the interaction between judicial bodies linked to the fact that the possibility of review of a national courts’ judgment in which it applied an EAEU act that has been subsequently found to be not in line with the EAEU law by its court by modifying the Treaty on the Eurasian Economic Union.
Keywords: Court of the Eurasian Economic Union, judicial dialogue, legal order of the integration organization, newly discovered facts, protection of human rights.
Reference bibliographic list
1. Chaika KL Global constitutionalism or constitutionalization of the law of integration associations? // State and law. 2020. No. 3.
2. Dyachenko E. B., Entin K. V. Properties of the law of the Eurasian Economic Union through the prism of the practice of the EAEU Court // Journal of Russian Law. 2018.
No. 10 (262).
3. Entin M. L. Relationship and interdependence of the supranational and national judge // International Justice. 2012. No. 1 (2).
4. Jacobs F. G. Judicial dialogue and the cross-fertilization of legal systems: the European Court of Justice // Texas International Law Journal. 2003 Vol. 38.
5. Boisson de Chazournes L. Plurality in the fabric of international courts and tribunals: the threads of managerial approach // The European Journal of International Law. 2017.vol. 28. No. 1.
6. Rosas A. The European Court of Justice in context: forms and patterns of judicial dialogue // European Journal of Legal Studies. 2007 Vol. 1. No. 2.
7. Entin KV Influence of the legal positions of the Court of the Eurasian Economic Union on the law enforcement practice of Russian courts in customs disputes // Bulletin of the Russian Customs Academy. 2022. No. 3.
8. Dyachenko E., Entin K. Competence of the Court of the Eurasian Economic Union: myths and reality // International Justice. 2017. No. 3 (23).
9. Walton D. Legal reasoning and argumentation // Handbook of Legal Reasoning and Argumentation ed. by Bongiovanni G., Postema G., Rotolo A., Sartor A., Walton D. Springer, 2016.
INTERNATIONAL LAW
BOGATYRENKO Irina Andreevna
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
HISTORICAL BACKGROUND AND CURRENT PROBLEMS OF THE UNIVERSAL HUMAN RIGHTS TREATY BODIES
The article deals with the background of the human rights treaty bodies, its formation and main activities. Problems of functioning of the treaty body system noted by states and academic community are caused by its sessions. The article also considers proposed reform measures of the treaty bodies.
Keywords: treaty bodies, human rights, human rights treaty body system, universal international human rights treaties, reform of the treaty bodies system.
Reference bibliographic list
1. Ispolinov A. Legal status of the Universal Declaration of Human Rights (to the 70th anniversary of adoption) // Comparative constitutional review. – 2018. – No. 4 (125). – S. 100-107.
2. Hoover J. Rereading the Universal Declaration of Human Rights: plurality and contestation, not consensus // Journal of Human Rights. – 2013. – Vol. 12. No. 2. – Rp. 217-241.
3. Ispolinov AS Questions of interpretation and application of the Covenants on Human Rights (to the 50th anniversary of adoption) // Bulletin of the Voronezh State University. Series: Law. – 2017. – No. 1. – P. 303-312.
4. Creamer C., Simmons B. The proof is in the process: self-reporting under international human right treaties // American Journal of International Law. – 2020. – Vol. 5. No. 1. – R. 1-50.
5. Johnstone R. Cynical savings or reasonable reform? Reflections on a single unified UN human rights treaty body // Human Rights Law Review. – 2007. – Vol. 7. No. 1. – Rp. 173-200.
6. Ispolinov A.S. Strength and weakness of universal treaties on the protection of human rights // Russian Journal of Law. – 2022. – No. 3. – S. 26-43.
7. Lhotský J. Human rights treaty body review. Towards an integrated treatment body system. – 2020. – 99 rubles.
8. Crawford J. The UN Human Rights Treaty System: A system in crisis? // The future of UN Human Rights Treaty Monitoring / Ed. by Ph. Alston, J. Crawford. – Cambridge: Cambridge Universityy Press, 2000. – Pp. 1-12.
9. Lukyantsev G. E. On the issue of improving the effectiveness of the functioning of human rights treaty bodies (theoretical and practical aspects) // Moscow Journal of International Law. – 2005. – No. 4. – P. 101-119.
10. Abashidze A. Koneva A. The process of strengthening the human rights treaty body system: the road towards effectiveness or inefficiency? // Netherlands International Law Review. – 2019. – Vol. 66. No. 3. – P. 357-389.
11. Koneva A.E. On the issue of the futility of establishing a world court for human rights // Vestnik RUDN. Series: Legal Sciences. – 2017. No. 1. – P. 83-101.
12. Tuzmukhamedov B. R. Universal human rights treaty bodies and their place among international institutions // State and Law. – 2021. – No. 7. – P. 151–160.
INTERNATIONAL LAW
GIGINEYSHVILI Mariya Teymurazovna
Ph.D. in Law, associate professor of International law sub-faculty of the Northern Caucasus branch of the Russian University of Justice, Krasnodar
MAIN RESULTS OF 20 YEARS OF WORK OF THE ICC
The 20th anniversary of the entry into force of the Rome Statute is an occasion to evaluate the work of the International Criminal Court in terms of justifying the hopes placed on it by the international community to maintain peace and security. The main purpose of the study is to determine the degree of effectiveness of the work of the International Criminal Court. As a result of comparison of the procedure for initiating proceedings by various actors (the ICC Prosecutor, the UN Security Council or a state party to the ICC Statute), it was concluded that there was lack of cooperation in the investigation from states that are not parties to the ICC in case of their situation being referred to by the UN Security Council (the examples are situations in Sudan and Libya). The article reveals the content of the principles of complementary jurisdiction and non bis in idem, reflects their correlation on the example of the case of S. Gaddafi. The analyzed jurisprudence helps to see and evaluate international criminal justice in action. The author agrees with the criticism of the ICC for pending procedures (on average 8 years), notes the ineffectiveness of the cooperation of states in the capture and transfer of accused persons to the Court, as was in the case of Al Bashir. At the same time, the author concludes that criticism of the ICC as exclusively a trial of Africans is untenable in view of ongoing investigations in Georgia, the Philippines, Myanmar, and others. As achievements of the ICC trust fund for victims and representative of victims should be mentioned.
Keywords: International Criminal Court, Rome Statute, international crimes, war crimes, crimes against humanity, principle of complementarity, non bis in idem principle.
Reference bibliographic list
1. Korman Sh. The right of Conquest: The Acquisition of Territory by Force in International Law and Practice. – Oxford: O.U.P. 2003. – 352 p.
2. Schabas W. A. An Introduction to the International Criminal Court. 6th Ed. – Cambridge: CUP, 2020. – 640 p.
3. Kostenko N. I. Theoretical problems of the formation and development of international criminal justice: abstract of dis. … doc. legal Sciences. – M., 2002. – 61 p.
4. Tricose. The Beginning of the International Criminal Court: Status and Prospects // Journal of Russian Law. – 2005. – No. 3 (99). – S. 134-147.
5. Kotlyarov I. I., Puzyreva Yu. V. 10 years of the International Criminal Court // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 6. – P. 141-146.
6. R. Cryer, H. Freeman, D. Robinson, E. Wilmshurst. An Introduction to International Criminal Law and Procedure. – Cambridge, 2010. – 618 rubles.
7. Gritsaev S. A. International Criminal Court: principles of activity, jurisdiction, rules of procedure // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 10. – P. 124-133.
8. Yusupov M.-B. R. International legal regulation of the activities of the International Criminal Court: Abstract of the thesis. … cand. legal Sciences. – M., 2012. – 26 p.
9. Scharf, Michael P. The ICC’s Jurisdiction Over the Nationals of Non-Party States: A Critique of the U.S. position. 2001. Faculty Publications. – 257 p. – [Electronic resource]. – Access mode: https://scholarlycommons.law.case.edu/faculty_publications/257 (Accessed 25.07.2022).
10. Bukuru Zh. B. African states and the International Criminal Court: international legal aspects of interaction: Abstract of the thesis. … cand. legal Sciences. – M., 2020. – 27 p.
11. A. M. Solntsev and J. B. Bukuru. Questions of the legitimacy of the International Criminal Court in its relations with African states in the field of combating international crimes // All-Russian Criminological Journal. – 2019. – T. 13. – No. 2. – S. 332-339.
12. Bogush G. I. International Criminal Court and problems of the formation of international criminal justice // International Criminal Court: problems, discussions, search for solutions / Ed. G. I. Bogush, E. N. Trikoz. – M.: European Commission, 2008. – 791 p.
13. Grits Aev S. A. Theoretical aspects of justice under the Rome Statute of the International Criminal Court: Abstract of the thesis. … cand. legal Sciences. – M., 2005. – 24 p.
INTERNATIONAL LAW
SUN Dongping
postgraduate student of the Peoples Friendship University of Russia
INTERNATIONAL LEGAL REGIME FOR REGISTRATION OF GLOBAL NAVIGATION SATELLITE SYSTEMS
The specifics of the development of global navigation satellite systems determine the features of the international legal regime established in relation to such systems. Today, most of the issues related to global navigation satellite systems are based on the national laws of the countries with the corresponding systems. However, if it is quite simple to settle issues of responsibility at the national level, then it is quite difficult to solve the issues of registration and operation of such systems by commercial entities without a common universal conceptual apparatus and a common mechanism of legal regulation.
Considering the existing trends in the development of global navigation satellite systems and the prospects for individual countries to enter this market, it seems objectively necessary to create a universal concept – the concept of a unified international legal regime for the registration and operation of global navigation satellite systems. The establishment of such an approach at the international level can be implemented by issuing a Guidance Document on the Registration and Operation of Global Navigation Satellite Systems. The publication of such a document should be subordinated to a number of goals: ensuring the equal protection of outer space and guaranteeing the safety of the use of outer space, regardless of the purposes of its use, and its content should combine all existing international requirements for the registration and operation of global navigation satellite systems for state entities, and a number of new provisions for subjects commercial. At the same time, the general rules should be binding and should not exclude national regulation, since this will encourage the States to develop and adopt laws at the national level guaranteeing compensation for harm by way of recourse in certain circumstances.
Keywords: global navigation satellite systems, international law, national law, international legal regime, outer space.
Reference bibliographic list
1. Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, signed in the cities of Washington, London, Moscow on January 27, 1967 // Bulletin of the USSR Armed Forces. – November 1, 1967 – No. 44. – Art. 588. Collection of existing treaties, agreements and conventions concluded by the USSR with foreign states. – Issue. XXV. – M., 1972. – S. 41-45.
2. Abashidze A. Kh., Chernykh I. A. The role of international space law in achieving the goals of sustainable development // Public and private international law. – 2020. – No. 1. – P. 12-19.
3. Volynskaya OA International political and legal aspects of the use of space resources // Journal of Russian law. – 2018. – No. 9. – P. 145-154.
4. Ispolinov A. International space law of the era of the beginning of space colonization business // International Justice. – 2020. – No. 4 (36). – S. 22-44.
5. International law / V. Graf Vitztum [and others]; Translated from German by T. Beknazar, A. Nasyrova, N. Spitz; Scientific editor, compiler of the index T. F. Yakovleva. – M.: Infotropic Media, 2011. – 961 p.
6. Shtodina I. Yu. Some topical issues of legal support for the study and use of space // Moscow Journal of International Law. – 2018. – No. 2. – S. 71-81.
7. Birnie P., Boyle A. and Redgwell C. International Law and the Environment 2009. – P. 217-218.
8. Dunk F. von der. Asteroid Mining: International and National Legal Aspects // Michigan State International Law Review. – 2017. – No. 26. – P. 83-102.
9. Kerrest de Rozavel, A., & von der Dunk, F. G. Liability and insurance in the context of national authorization. In F. G. von der Dunk (Ed.), National space legislation in Europe. – 2011. – P. 125-161.
10. Smith L. J. Legal aspects of satellite navigation. In F. G. von der Dunk (Ed.), Handbook of space law. Cheltenham. – U.K.: Edward Elgar, 2015. – P. 554-617.
INTERNATIONAL LAW
SUN Dongping
postgraduate student of the Peoples Friendship University of Russia
INTERNATIONAL LEGAL RESPONSIBILITY OF STATES FOR PROVIDERS OF GLOBAL NAVIGATION SATELLITE COMMUNICATION SERVICES
The article examines the international legal mechanisms of State responsibility for the unlawful acts of suppliers of global navigation satellite communication services. The author concludes that the mechanism of international legal responsibility of States for harm caused by actions for suppliers of global navigation satellite communication services currently has priority and acts as the main legal instrument in the field of international space law. Depending on the specifics of the regulated relations, both the concept of due diligence (“due diligence”) and the concept of strict liability (“strict liability”) are laid on the basis of the corresponding liability mechanism. The concept of due diligence, in contrast to the concept of strict liability, limits the State’s liability against third parties under certain conditions However, the implementation of the rules on limitation of liability is possible only in the case of proper regulations at the national level.
According to the general rule established by the norms of international law, the State bears absolute responsibility for all actions of providers of global navigation satellite services, regardless of whether such providers are public or private entities. However, the rules governing the actions of such suppliers, as well as the rules of control and supervision over them, are no longer regulated by the norms of international law, but by the norms of national law. The possibility of limiting the State’s liability against third parties under certain conditions will depend on the consistency and perfection of the norms of national legislation in this area.
Keywords: global navigation satellite communication services, international law, national law, strict liability concept, due diligence concept.
Reference bibliographic list
1. Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, signed in the cities of Washington, London, Moscow on January 27, 1967 // Bulletin of the USSR Armed Forces. – November 1, 1967 – No. 44. – Art. 588. Collection of existing treaties, agreements and conventions concluded by the USSR with foreign states. Issue. XXV. – M., 1972. – S. 41-45.
2. Abashidze A. Kh., Chernykh I. A. The role of international space law in achieving the goals of sustainable development // Public and private international law. – 2020. – No. 1. – P. 12-19.
3. International law / V. Graf Vitztum [and others]; Translated from German by T. Beknazar, A. Nasyrova, N. Spitz; Scientific editor, compiler of the index T. F. Yakovleva. – M.: Infotropic Media, 2011. – 961 p.
4. Birnie P., Boyle A. and Redgwell C. International Law and the Environment. – 2009. – Rp. 217-218.
5. Goodman T. W. To the End of the Earth: A Study of the Boundary between Earth and Space // Journal of Space Law. – 2010. – Pp. 87-114.
6. Filho J. M. The Right of Self-defense in Outer Space // Proceedings of the International Institute of Space Law. – 2011. – Pp. 474-484.
7. Koplow D. A. The Fault Is Not in Our Stars: Avoiding an Arms Race in Outer Space // Harvard International Law Journal. Summer. – 2018. – Vol. 59. – No. 2. – Pp. 330-388.
8. Hessbruegge J. The Historical Development of the Doctrines of Attribution and Due Diligence in International Law // International Law and Politics. – 2004. – Vol. 36. Iss. 4. – P. 265 – 306.
9. Tronchetto F. Legal aspects of space resource utilization. Handbook of space law Cheltenham. U.K.: Edward Elgar. – 2015. – Rp. 782-788.
10. Viikari L. Environmental aspects of space activities. In F. G. von der Dunk (Ed.). Handbook of space law Cheltenham. U.K.: Edward Elgar. – 2015. – Rp. 717-768.
INTERNATIONAL PRIVATE LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
STATUS OF INFORMATION AND COMMUNICATION SYSTEM OPERATORS IN PRIVATE INTERNATIONAL LAW
The purpose of the research pursued in the article is to identify international rules governing the status of operators of information and communication systems. The methods of analysis and synthesis, the problem-theoretical method, as well as the formal-logical method were used in the study. As a result of the study, it was revealed that at present the international legal regulation of the status of operators of information and communication systems is carried out separately from the regulation of the status of Internet service providers, which has not been unified to date.
Keywords: private international law, information and communication systems, information and communication system operators, Internet service providers, artificial intelligence, International Telecommunication Union, UNESCO, UNESCO resolution, international treaty.
Reference bibliographic list:
1. Akhmadieva G. R., Sokolova A. S. Responsibility of information providers (intermediaries) for violation of copyright and related rights on the Internet in the legislation of the Russian Federation // Bulletin of the Eurasian Academy of Administrative Sciences. – 2019. – No. 1 (46). – S. 60-63.
2. Vozisov K. A. Civil liability of Internet providers for violation of copyright and related rights in the framework of the development of intellectual property legislation // Discussion. – 2010. – No. 5. – P. 90-93.
3. Snapkovsky V. International organizations in the system of international relations // Belarusian Journal of International Law and International Relations. – 2000. – No. 3. – S. 71-77.
4. Kopylov A. Yu. Civil liability inform intermediaries (providers) for violation of copyright and related rights on the Internet // Legal problems of strengthening Russian statehood / ed. V. M. Lebedev, G. L. Osokina, S. K. Solomina, V. S. Arakcheeva, N. D. Titova. – Tomsk, 2013. – S. 47-49.
5. Pazova F. M., Bekirova F. S. Features of legal protection and responsibility of Internet providers for violation of copyright and related rights through the Internet // Young scientist. – 2019. – No. 19 (257). – S. 241-242.
6. Rudakov K. E. Responsibility of providers under Internet access agreements // Lex russica. – 2006. – T. 65. – No. 1. – S. 175-179.
7. Theory of international relations / Ed. P. A. Tsygankova. – M.: Yurayt, 2019. – 316 p.
8. Abbott R., Sarch A. Punishing Artificial Intelligence: Legal Fiction or Science Fiction. – [Electronic resource]. – Access mode: https://lawreview.law.ucdavis.edu/issues/53/1/articles/files/53-1_Abbott_Sarch.pdf (Accessed 10/22/2022).
9. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
10 Bainbridge D.I. Introduction to Information Technology Law. – Edinburgh; Pearson Education Limited, 2008. – 665 p.
11. Chesterman S. We, the Robots? Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
12. Divino S., Bruno S. (2020). Critical Considerations on Artificial Intelligence Liability: E-Personality Propositions. Revista Eletronica Direito e Sociedade (REDES). – 2020. – Vol. 8.-Iss. 2. – P. 193-214.
13. Dobriakova G. Legal status of providers and provider of information on the Internet // Law and Law. – 2011. – No. 10. – P. 53-54.
14. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
15. Legal Issues in the Global Information Society / Ed. by D. Campbell, C. Ban. New-York; Oceana Publications Inc., 2005. – 758 p.
16. Merle M. Sociologie des relations internationals. – Paris: Dalloz, 1974. – 436 p.; Linkage Politics: Essays on the Convergence of National and International Systems / Edited by James N. Rosenau. – New York: The Free Press, 1969. – 352 p.
17. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
18. Rowland D., Macdonald E. Information technology law. – Abingdon; Cavendish Publishing ltd., 2005. – 573 p.
19. Schwabach A. Internet and the Law: Technology, Society and Compromises. – Santa Barbara, ABC-CLIO Inc., 2006. – 395 p.
20. The Globalization of World Politics: an Introduction to International Relations. – Oxford: Oxford University Press, 2017. – 610 p.
INTERNATIONAL PRIVATE LAW
Berman Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ISSUES OF RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN THE RUSSIAN FEDERATION
The article presents the results of the study of the complex of legal relations arising in the process of recognition and enforcement of foreign arbitral awards on the territory of the Russian Federation. The author focuses on the grounds for refusal to recognize and enforce a foreign arbitral award in the territory of the Russian Federation. Such grounds are divided by the author into general and those related to the violation of public policy. In the course of the research, the author made a cross-cutting analysis of the legal regulation and law enforcement practice of the courts with regard to the recognition and enforcement of foreign arbitral awards. As a result, the author has identified the main trends in the development of legal relations arising in the process of recognition and enforcement of foreign arbitral awards in the Russian Federation, as well as identified and compared the advantages and disadvantages in the approaches used by the courts. The result of the study was the formation of practical proposals for improving the legal regulation in the field of recognition and enforcement of foreign arbitral awards in the Russian Federation to eliminate the gaps that exist in law enforcement practice.
Keywords: arbitral tribunal, arbitral award, public policy clause, public policy, recognition and enforcement, denial of recognition and enforcement, Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Reference bibliographic list
1. Ermakova E. P., Frolova E. E., Sitkareva E. V. International Economic Integration and the Evolution of the Principles of Civil Procedure / Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. – Cham, 2021. – S. 1589-1597.
2. United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards dated June 10, 1958, New York // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 1993 – No. 8.
3. Determination of the Supreme Court of the Russian Federation dated June 22, 2000 No. 38-G00-10 // SPS “ConsultantPlus”.
4. Resolution of the Federal Arbitration Court of the East Siberian District of March 15, 2010 in case No. A69-1222 / 2009 // ATP “Consultant Plus”.
5. Resolution of the Federal Arbitration Court of the West Siberian District of October 27, 2010 in case No. A67-1438 / 2010 // ATP “Consultant Plus”.
6. Determination of the Supreme Court of the Russian Federation dated August 31, 2001 No. 5-G01-105 // SPS “ConsultantPlus”.
7. Determination of the Supreme Court of the Russian Federation dated June 2, 2000 No. 5-G00-65 // SPS “ConsultantPlus”.
8. Determination of the Supreme Court of the Russian Federation dated June 14, 2016 No. 304-ES16-5596 // SPS “ConsultantPlus”.
9. Decree of the Federal Arbitration Court of the Volga-Vyatka District of May 25, 2006 in case No. A82-10555 / 2005-2-2 // Consultant Plus ATP.
10. Determination of the Supreme Court of the Russian Federation of December 26, 2000 No. 5-G00-134 // SPS “Consultant Plus”.
11. Resolution of the Federal Arbitration Court of the North-Western District of May 3, 2006 in case No. A21-5758 / 2005 // ATP “Consultant Plus”.
12. Resolution of the Arbitration Court of the Moscow District dated September 20, 2016 No. F05-14113 / 2016 // SPS “Consultant Plus”.
13. Resolution of the Arbitration Court of the Moscow District dated July 14, 2017 No. Ф05-9840/2017 // Consultant Plus SPS.
14. Determination of the Supreme Court of the Russian Federation dated May 28, 2001 No. 45-G01-18 // SPS “ConsultantPlus”.
15. Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 5, 2010 No. 6547/10 // ATP “ConsultantPlus”.
16. Determination of the Supreme Court of the Russian Federation of January 11, 2002 No. 5-G01-168 // SPS “ConsultantPlus”.
17. Determination of the Supreme Arbitration Court of the Russian Federation dated July 25, 2011 No. VAS-6857/11 // ATP ConsultantPlus.
18. Decree of the Arbitration Court of the Moscow District dated February 26, 2019 No. Ф05-500/2019 // ConsultantPlus SPS.
19. Khlestova I. O. Recognition and enforcement of foreign arbitration awards // Journal of Russian law. – No. 8 (116). – 2006.
20. Ivanova T. N. Public order clause in the process of recognition and enforcement of foreign arbitration awards // Bulletin of Arbitration Practice. – 2015. – No. 3 (58).
21. Yearbook of Commercial Arbitration. – Vol. XXVIII. – 2003.
22. Lamm K., Spurenberg F. New approaches to the enforcement of foreign arbitration awards under the New York Convention // International Commercial Arbitration. – 2004. – No. 2.
23. Agreement on mutual legal assistance between the Union of Soviet Socialist Republics and the Iraqi Republic of June 22, 1973, Moscow // Bulletin of the USSR Armed Forces. – 1974. – No. 19. – Art. 293.
24. Dzuskaeva Z. T., Ivanova T. I. The problem of public procedure for the recognition and enforcement of foreign arbitration awards // Vestnik MIEP. – 2014. – No. 4 (17).
25. Civil Code of the Russian Federation. International private law. Article-by-article commentary to section VI / Ed. P. V. Krasheninnikova. – M.: Statute, 2014.
26. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 26, 2013 No. 156 “Overview of the practice of consideration by arbitration courts of cases on the application of a public policy clause as a basis for refusing to recognize and enforce foreign judicial and arbitral awards” // Bulletin of the Supreme Arbitration Court of the Russian Federation . – 2013. – No. 5.
27. de Varey-Sommière P., Getman-Pavlova IV Violation of “super-imperative” norms as a basis for refusing to recognize and enforce foreign arbitral awards (jurisprudence of France and Russia) // Law. Journal of the Higher School of Economics. – No. 1. – 2015.
28. Kasyanov R. A. The concept of public order in the legal systems of states (on the example of Russia and France) // Civilist. – No. 4. – 2013.
29. Frolova E. E., Rusakova E. P. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects / Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. – Cham, 2021.
30. Rusakova E. P., Frolova E. E., Kupchina E. V., Ocaqli U. Recognition and Enforcement of Foreign Arbitral Awards in the Federative Republic of Brazil / 7th International Conference on Education and Social Sciences. Abstracts & Proceedings. – 2020.
31. Decree of the Federal Arbitration Court of the Moscow District on November 18, 2002 No. KG-A40 / 7628-02 // SPS “Consultant Plus”.
INTERNATIONAL PRIVATE LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
STAGES OF COURT INFORMATIZATION IN CHINA: VERSIONS 1.0, 2.0, 3.0 AND 4.0
The article substantiates that the “smart” courts of the People’s Republic of China are the result of the online transformation of the judicial system of China, consisting of three stages, which began in the 1990s: 1) 1996-2003; 2) 2004-2013; 3) 2014 – present. The first stage of the Chinese judicial reform was centered around the digitization of court documents. The second stage was characterized by the emergence of virtual court hearings using the Internet. The third stage of the reform of China’s judicial system can be divided into two sub-stages: a) the creation of online platforms and b) the creation of Internet courts. The concept of a smart court was first outlined in the Report of the Supreme People’s Court of the People’s Republic of China for 2016. If we talk about the versions of the informatization of the courts of the People’s Republic of China – 1.0, 2.0 and 3.0 , noted in the documents of the Supreme People’s Court, then version 1.0 assumed the transformation of judicial data into a single online system and the creation of online judicial platforms. Version 2.0 was aimed at two-way interaction between courts and the public. The development of version 3.0 was implemented in 2020 in the creation of “intelligent vessels” or “smart vessels”. In 2021, China switched to version 4.0, scheduled for 2021-2025 (the fifth five-year plan of judicial reform), within which there should be a further merger of artificial intelligence, blockchain and big data technologies with “smart courts”.
Keywords: law of the People’s Republic of China, smart courts of the People’s Republic of China, Internet courts of the People’s Republic of China, online dispute resolution, platform justice, artificial intelligence.
Reference bibliographic list
1. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. Monograph. – Ed. Yurlitinform, 2021. – 224 p.
2. Rusakova E. P. (2020). Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. – 2020. – No. 9. – S. 102-109.
3. Creemers R. (2016). Outline of the National Informatization Development Strategy // China Copyright and Media. 27 July 2016. [Electronic resource]. – Access mode: https://chinacopyrightandmedia.wordpress.com/2016/07/27/outline-of-the-national-informatization-development-strategy/ (Accessed 04/01/2022).
4. Du G., Yu M. (2019). Big Data, AI and China’s Justice: Here’s What’s Happening// China Justice Observer. 01 Dec 2019. [Electronic resource]. – Access mode: https://www.chinajusticeobserver.com/a/big-data-ai-and-chinas-justice-heres-whats-happening (Accessed 04/01/2022).
5. Fan J. et al (2021). Rules of Online Litigation of the People’s Court of China launched // Herbert Smith Freehills. July 9, 2021. [Electronic resource]. – Mode of access: https://hsfnotes.com/asiadisputes/2021/07/09/rules-of-online-litigation-of-the-peoples-court-of-china-launched/ (Date of access: 04/01/2022) .
6. Furong Y. (2020) Online hearings: A new challenge for China arbitration// Vantage Asia Publishing Limited. November 24, 2020. [Electronic resource]. – Access mode: https://law.asia/online-hearings-new-challenge-china-arbitration/ (Accessed: 03/18/2022).
7 Keyuan Z. (2002). Judicial Reform in China: Recent Developments and Future Prospects // The International Lawyer. – 2002. – Vol. 36. – No. 3. – R. 1039-1062. [Electronic resource]. – Access mode: http://www.jstor.org/stable/40707698 (Accessed: 04/01/2022).
8. Mingay A. (2019). Size matters: Alibaba shapes China’s first “Court of the Internet”// Oct 17, 2019. [Electronic resource]. – Access mode: https://merics.org/en/analysis/size-matters-alibaba-shapes-chinas-first-court-internet (Accessed: 03/20/2022).
9. Mukhtar H. et al. (2021). Tracking the Development of Intelligent Court System in China // International Research Journal of Management and Social Sciences. – July. – Sept. 2021. – P. 254-263. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/358694567_Tracking_the_Development_of_Intelligent_Court_System_in_China/link/620f62974be28e145c9df32d/download (accessed 04/01/2022).
10. Pan L. et al (2021). The People’s Republic of China. 15 ANLBS and AI Working Group Report // IBA Alternative and New Law Business Structures Committee. September-2021. [Electronic resource]. – Access mode: https://www.ibanet.org/medias/15-ANLBS-and-AI-Working-Group-Report-September-2021-China.pdf (Accessed 04/01/2022).
11. Rusakova E. P. Integration of “smart” technologies in the civil proceedings of the People’s Republic of China // RUDN Journal of Law. – 2021. – Vol. 25. – No. 3. – P. 622-633. – DOI 10.22363/2313-2337-2021-25-3-622-633.
12. Shi C. et al (2021). The Smart Court – A New Pathway to Justice in China? // International Journal for Court Administration. – No. 12 (1). – R. 4-11. Mar. 2021. (DOI: http://doi.org/10.36745/ijca.367)
13. Stern R. et al. (2021). Automating Fairness? Artificial Intelligence in the Chinese Court // 59 COLUM. J. TRANSNAT’L L. 515 (2021). [Electronic resource]. – Mode of access: https://scholarship.law.columbia.edu/faculty_scholarship/2940 (date of access: 04/01/2022).
14. Vasdani T. (2020). Robot justice: China’s use of Internet courts // LexisNexis Canada. February 05, 2020. [Electronic resource]. – Mode of access: https://www.thelawyersdaily.ca/articles/17741/robot-justice-china-s-use-of-internet-courts?article_related_content=1 (accessed 04/01/2022).
15. Weiwei S. (2020). Ordering the Courts: Understanding China’s Big Precedent Push // Aug 17, 2020. [Electronic resource]. – Mode of access: https://www.sixthtone.com/news/1006064/ordering-the-courts-understanding-chinas-big-precedent-push (Accessed 04/01/2022).
INTERNATIONAL PRIVATE LAW
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ZAYTSEV Viktor Vasiljevich
magister student of the Institute of Law of the Peoples’ Friendship University of Russia
THE DEVELOPMENT OF PREDICT COURTS’ DECISIONS: THE US EXPERIENCE
As part of the study of the digitalization of justice, the trial examines the development of predict courts’ decisions in the United States. Predict courts’ decisions in the USA has received the greatest development and has vivid examples, for example, the systems of predict courts’ decisions Ravel Law, Casetext, Legal Analytics Platform. The article examines examples of predict courts’ decisions systems, their detailed functioning, features and key functions. In particular, the predict courts’ decisions systems are of significant importance for trial lawyers, allowing them to predict the resolution of a dispute by obtaining statistical data on the approval of a claim from a particular judge, the period of consideration of petitions, the percentage of approval of statements by an opponent’s representative, etc. The authors assess the high level of development of predict courts’ decisions in the United States and pay attention to the complex technological composition of these systems. The article notes the efficiency and technological effectiveness of the Russian judicial system with the makings for the emergence and further development of systems of predict courts’ decisions.
Keywords: predict courts’ decisions, digitalization of the judicial process, judicial representation, Casebook.
Reference bibliographic list
1. Belyakova A. V. Development of digital technologies in the justice system as one of the ways to speed up legal proceedings in the Russian Federation // Arbitration and civil process. – 2019. – No. 12. – S. 50-56.
2. Biryukov P. N. Digitalization of justice in civil cases: EU experience // Arbitration and civil process. – 2022. – No. 2. – S. 3-7.
3. Biryukov P. N. Artificial intelligence and “Predicted justice”: foreign experience // Lex Russica. – 2019. – No. 11 (156). – S. 79-87.
4. Vavilin E. V. Transformation of civil law and procedural relations using artificial intelligence: the formation of new legal regimes // Bulletin of the civil process. – 2021. – No. 6. – S. 13-35.
5. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. Monograph. – Moscow: Ed. Yurlitinform, 2021. – S. 224.
6. Kucherova I. I., Sinitsyna S. A., Dyakonova M. O., Efremov A. A., Zaitsev O. A. Digital economy: current trends in legal regulation: scientific and practical guide. – Moscow: IZiSP, NORMA, 2022. – 376 p.
7. Makutchev A. V. Modern possibilities and limits of the introduction of artificial intelligence in the justice system // Actual problems of Russian law. – 2022. – No. 8. – S. 47-58.
8. Rusakova E. P. Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. – 2020. – No. 9. – S. 102-109.
9. Rusakova E. P., Gronik I. A., Kupchina E. V. Civil litigation through the prism of digitalization: the experience of Russia, the USA and the Philippines // Textbook. – Ed. Peoples’ Friendship University of Russia (PFUR). – 2021. – S. 109.
10. Sosedova M. V. The possibility of using artificial intelligence in the consideration of individual civil cases: predicted justice // Arbitration and civil process. – 2020. – No. 5. – S. 32-37.
11. Chudinovskaya N. A. Some areas of justice digitalization in Russia and EU countries // Arbitration and civil process. – 2022. – No. 7. – S. 7-9.
12. Yarkova V. V., Abushenko D. B., Branovitsky K. L., Zagaynova S. K. Actual problems of civil and administrative proceedings. – Moscow: Statute, 2021. – 460 p.
13. Rusakova E. P. Robotization of civil proceedings: reality or future // Smart innovation, systems and technologies. – 2022. – Vol. 288. – P. 211-217.
14. Rusakova E. P. Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in research on Russian business and management. – 2022. – P. 191-198.
15. Frolova E. E., Rusakova E. P. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap: Institute of Scientific Communications Conference. – Cham: Springer Nature, 2021. – P. 1842-1849.
INTERNATIONAL PRIVATE LAW
TSEPOVA Ekaterina Andreevna
Ph.D. in Law, Peoples’ Friendship University of Russia
PROSPECTS FOR PARTICIPATION OF THE RUSSIAN FEDERATION IN THE INTERNATIONAL EXCHANGE OF TAX INFORMATION UNDER SANCTIONS
The main objective of the study is to examine the prospects for international cooperation of the Russian Federation in the tax sphere in the face of unprecedented sanctions pressure. The article considers international agreements in the field of taxation, ratified by the Russian Federation in the context of the impact of sanctions and geopolitical factors on the implementation of each of them. Particular attention is paid to the analysis of the prospects for the termination of the tax exchange within the framework of the “Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information” dated October 29, 2014.
The author comes to the conclusion that, despite the formidable political rhetoric, the probability of a complete refusal of other countries to exchange data with the Russian Federation is extremely low. Interstate tax interaction is a complex and multi-level process, therefore, a decrease in the efficiency of the functioning of some information channels will not have a significant impact on the work of others.
Keywords: sanctions; tax transparency; automatic exchange of financial account information; Common Reporting Standard; financial control.
Reference bibliographic list
1. Gegechkori I. M. Economic sanctions against the Russian Federation and foreign economic security: challenges and threats // Auditorskie Vedomosti. – 2022. – No. 1. – P. 97-100.
2. Ermakova E. P. Legal Regulation of Responsible Investing in Russia and Foreign Countries: Concept, Principles, Examples // Perm U. Herald Jurid. sci. – 2022. – T. 55. – S. 86.
3. Frolova E. E., Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // The Transformation of Social Relationships in Industry 4.0: Economic Security and Legal Prevention. – 2022. – S. 309.
4. Frolova E. E., Polyakova T. A., Dudin M. N., Rusakova E. P., & Kucherenko P. A. Information security of Russia in the digital economy: the economic and legal aspects // J. Advanced Res. L. & Econ. – 2018. – T. 9. – S. 89.
5. Kalygina V. V. RUDN Journal of economics // RUDN Journal of economics. Founders: Peoples’ Friendship University of Russia. – 2022. – T. 30. – No. 2. – S. 231-241.
INTERNATIONAL PRIVATE LAW
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, L.L.m., associate professor of the Law School of the Far Eastern Federal University
KOZLOVA Olesya Evgenjevna
magister student of the 2nd course of the Law School of the Far Eastern Federal University
ON THE ISSUE OF THE LEGALIZATION OF CRYPTOCURRENCIES IN THE RUSSIAN FEDERATION: GENERAL THEORETICAL ASPECT
This article analyzes the main approaches to the legal regulation of cryptocurrencies as a legal category on the territory of the Russian Federation. The authors discuss the prospects for the introduction of special legal regimes of cryptocurrencies and the need (possibility) to consolidate its legal status as a means of payment. The legal discussion between the state bodies – the Bank of Russia and the Ministry of Finance of the Russian Federation is being considered. It is concluded that a direct ban or fragmentary disregard of digitalization products as the main side effect can lead to distrust of the political instruments of government institutions.
Keywords: crypto assets, digital economy, cryptocurrency, cryptocurrency legalization, legal regulation of cryptocurrencies, digitalization, bitcoin, legal means of regulating cryptocurrencies.
Reference bibliographic list
1. Alekseev S. S. Theory of Law. – M., 1993. – 223 p.
2. Belyaeva G. S. To the question of the classification of legal regimes // Actual problems of Russian law. – No. 2. – 2012. – S. 4-10.
3. Egorova M. A., Kozhevina O. V. Place of cryptocurrency in the system of objects of civil rights // Actual problems of Russian law. – 2020. – No. 1. – S. 81-91.
4. Kudryashova E. V. Cryptocurrencies in the legal field // Finance and credit. – T. 24. – No. 10. – 2018. – S. 2175-2183.
5. Frolova E. E., Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – R. 309-322.
6. Rusakova E. P., Frolova E. E., Gorbacheva A., Kupchina E. V. Implementation of the smart-contract construction in the legal system of Russia // 6th International Conference on Education, Social Sciences and Humanities. – 2019. – S. 748-753.
INTERNATIONAL PRIVATE LAW
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia
DIGITAL EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION ON INTELLECTUAL DISPUTES
The development of the digital economy has entered a new stage. The integration of digital technologies and the trading process brings about a number of changes such as online ordering, digital delivery, etc., which reduce trading costs and increase its efficiency. Goods and services are also digitized when data is traded. Under these conditions, important tasks become obvious: protection of intellectual property and regulation of the market. For example, artificial intelligence algorithms can currently be protected by copyright, trade secret or patent, big data – by copyright, patent law or competition law, but neither choice in itself is sufficient and presents certain difficulties, primarily fuzzy protection standards. In this regard, the author of this study seems to be able to analyze modern methods of protecting intellectual property rights in international commercial arbitrations using digital evidence.
Keywords: international commercial arbitration, digital evidence, intellectual property, artificial intelligence, blockchain.
Reference bibliographic list
1. Van Rhee C. H. et al. Transformation of Civil Justice, Ius Gentium: Comparative Perspectives on Law and Justice.
// Springer. – 2018.
2. Kupchina E. V. Legal regulation of the provision of digital evidence in international commercial arbitration // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2021. – T. 16. – No. 3. – P. 89-111. – DOI 10.35427/2073-4522-2021-16-3-kupchina.
3 Mason S. et al. electronic evidence. Institute of Advanced Legal Studies. Institute of Advanced Legal Studies University of London. – P. 37. – 2017.
4. Rusakova E. P. Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – P. 191-198.
5. Kupchina E. V. Digital evidence in the civil process of Japan // Eurasian Law Journal. – 2020. – No. 6 (145). – S. 91.
6. Duarte G. Henriques. The Prague Rules: Competitor, Alternative or Addition to the IBA Rules on the Taking of Evidence in International Arbitration? A.S.A Bull. – 2018. – R. 354.
7. The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production // The Sedona Conference Journal.
– 2018. – Vol. 19. – No. 1. [Electronic resource]. – Access Mode: https://thesedonaconference.org/sites/default/files/publications/The%20Sedona%20Principles%20 Third%20Edition.19TSCJ1_0.pdf (accessed 11/18/2022).
INTERNATIONAL PRIVATE LAW
TSEPOVA Ekaterina Andreevna
Ph.D. in Law, senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DEVELOPMENT IN THE RUSSIAN FEDERATION OF CROSS-BORDER FINANCIAL CONTROL OVER THE INDIVIDUALS’ CAPITAL MOVEMENT
The main objective of the study is to identify current global trends in the financial control over the individuals’ capital allocation in various jurisdictions, which are expressed in modern Russian legislation and took it to a whole new level. As a result of the study, the author came to the conclusion that in Russia the financial regulation of the obligations of individuals – owners of capital abroad is mainly formed under the influence of two competing trends: liberalization of foreign exchange regulation in the context of globalization and increased fiscal control over taxpayers’ operations abroad.
Keywords: foreign capital abroad, individual, resident, tax control, CRS, automatic exchange of information, currency regulation, exchange restrictions.
References
1. Bezbakh V. V., & Frolova E. E. (2022). Artificial intelligence in the regulatory context of industry 4.0 and epistemological optimism // The Transformation of Social Relationships in Industry 4.0: Economic Security and Legal Prevention, 289.
2. Chang Ha-Joon and Grabel I. (2014), Reclaiming Development: An Alternative Economic Policy Manual // London: Zed Books, 256 p.
3. Djankov S. (2017). United States is Outlier in Tax Trends in Advanced and Large Emerging Economies // Peterson Institute for International Economics. policy brief.
– 2017. – P. 17-29.
4. Ermakova, E. P. (2022). Legal Regulation of ‘Responsible’ Investing in Russia and Foreign Countries: Concept, Principles, Examples. Perm U. Herald Jurid. Sc., 55, 86.
5. Fischer S. (1999). What Went Wrong in Russia? // Financial Times, September 27. – 1999. – P. 26
6. Frolova E. E. & Ermakova E. P. (2022). Legal regulation of digital financing in Russia and foreign countries // The Transformation of Social Relationships in Industry 4.0: Economic Security and Legal Prevention, 309.
7. Frolova E. E. & Tsepova E. A. (2021). Controlled foreign companies of Russian residents in the context of world trends // RUDN Journal of Law. – No. 25 (4). – R. 814-830.
8. Frolova E. E., Polyakov, T. A., Dudin M. N., Rusakova
E. P., & Kucherenko P. A. (2018). Information security of Russia in the digital economy: the economic and legal aspects. J. Advanced Res. L. & Econ., 9, 89.
9. International Monetary Fund (2016). Monetary and Capital Markets Department: Annual Report on Exchange Arrangements and Exchange Restrictions 2015. [Electronic resource]. – Access mode: https:// www.imf.org/en/Publications/Annual-Report-on-Exchange-Arrangements-and-Exchange-Restrictions/Issues/2017/01/25/Annual-Report-on-Exchange- Arrange-ments-and-Exchange-Restrictions-2015-42751 (accessed on: 11/17/2022).
10. International Monetary Fund (2022). Monetary and Capital Markets Department: Annual Report on Exchange Arrangements and Exchange Restrictions 2021. [Electronic resource]. – Access mode: https:// www.imf.org/en/Publications/Annual-Report-on-Exchange-Arrangements-and-Exchange-Restrictions/Issues/2022/07/19/Annual-Report-on-Exchange- Arrangements-and-Exchange-Restrictions-2021-465689 (accessed on: 11/11/2022).
11. Loungani P. and Mauro P. (2000) IMF Research Department, Conference on Post-Election Strategy Moscow, 2000. [Electronic resource]. – Access mode: http://www. nber.org/papers/w23134 (accessed on: 11/11/2022).
12. Morten B. and Zeume S. (2018) // The Review of Financial Studies. – Volume 31. – Issue 4. – April 2018. – P. 1221-1264. [Electronic resource]. – Access mode: https://doi.org/10.1093/rfs/hhx122 (accessed on: 11/8/2022).
13. Naseif A. H., Hasan S. I., Malik Y. S., Talab H. R., Hussein N. A. (2019) A Theoretical Review on Global Trends of Company Income Taxes and Alternatives of Tax Reforms // Account and Financial Management Journal. – Volume 4. – 2019. – R. 1883-1895
14. OECD (2017). Standard for Automatic Exchange of Financial Account Information in Tax Matters, Second Edition. [Electronic resource]. – Access mode: https://www.oecd-ilibrary.org/taxation/standard-for-automatic-exchange-of-financial-account-information-in-tax-matters-second-edition_9789264267992-en;jsessionid=IW0_TZBRjv88sDJiI20E2i1C. ip-10-240-5-179 (accessed on: 11/17/2022).
15. Pellegrini V., Sanelli A., Tosti E. (2016) What do external statistics tell us about undeclared assets held abroad and tax evasion? // Bank of Italy Occasional Paper. – 2016. – No. 367. [Electronic resource]. – Access mode: http://www.bancaditalia.it/pubblicazioni/qef/2016-0367/QEF_367.pdf (accessed: 11/14/2022).
16. Rusakova E. P. & Frolova E. E. (2022). Digital disputes in the new legal reality // RUDN Journal of Law. – No. 26
(3). – R. 695-704.
17. Rusakova E., Frolova E., Kupchina E., & Ocaqli U. (2020). Recognition and enforcement of foreign arbitral awards in the Federative Republic of Brazil // IJASOS- International E-journal of Advances in Social Sciences.
– No. 6 (16). – R. 118-122.
18. Saadi-Sedik T. and Sun T. (2012), Effects of Capital Flow Liberalization: What Is the Evidence from Recent Experiences of Emerging Market Economies? // IMF Working Paper No. 12/275. [Electronic resource]. – Access mode: https://www.imf.org/en/Publications/WP/Issues/2016/12/31/Effects-of-Capital-Flow-Liberalization-What-is-the-Evidence-from-Recent- Experiencesof-40108 (accessed on: 11/11/2022).
19. Sardar M. (2018). Reporting Undisclosed Foreign Assets: The Clock Is Ticking // The CPA Journal. – 2018. – T.88. – No. 8. – S. 60-61
20. Williamson J. (1990). Latin American Readjustment: How Much Has Happened? // Washington: Peterson Institute for International Economics, 1990. [Electronic resource]. – Access mode: https://piie.com/commentary/speeches-papers/what-washington-means-policy-reform (accessed on: 11/17/2022).
21. Wu YC, Lin CW (2008). National port competitiveness: implications for India // Management Decision. – 2008.
– 46(10): 1482.
22. Yongding Y., Ming Z. (2012) New International Trends of Capital Control and Capital Account Liberalization
// International Economic Review. – 2012. – T. 5. [Electronic resource]. – Access mode: http://en.cnki.com.cn/Article_en/CJFDTotal-GJPP201205008.htm (accessed on: 11/19/2022).
INTERNATIONAL PRIVATE LAW
PROSKURINA Daria Sergeevna
magister student of the Institute of Law of the Peoples’ Friendship University of Russia, laboratory assistant-researcher of Civil law and process and international private law of the Peoples’ Friendship University of Russia
PROBLEMS OF COURT CONSIDERATION OF CASES ON PROTECTION OF INTELLECTUAL RIGHTS TO TRADEMARKS IN THE DIGITAL ENVIRONMENT
Today’s rapidly evolving digital realities put trademark owners in a position of insecurity. The existing legal regulation in Russia and the ways to protect intellectual property rights for trademarks are often outdated, and the possibility of their integration and application in the digital Internet environment is actually unrealizable. In this article the author hor examines the main problems in disputes about the protection of exclusive rights to trademarks in the digital environment and offers possible options for improving the legal regulation in this area.
Keywords: trademark, intellectual rights, digital environment, internet, information intermediary, compensation.
Reference bibliographic list
1. Galkina U. V. Protection of intellectual rights to the means of individualization of legal entities, goods, works, services and enterprises. – M .: Moscow University of the Ministry of Internal Affairs of Russia, Publishing House “Shield-M”, 2009. – S. 325
2. Kirillov N. G., Kirillov N. N. Modern methods of protection of trademarks: a systematic approach // IS. Industrial property. – 2021. – No. 3. – S. 37-47.
3. Morgunova E. Information mediator in civil disputes about copyright protection // IS. Copyright and related rights. – 2016. – No. 1. – S. 5-12.
4. Nyunyaev V. O. Actual problems of protection of intellectual rights in the practice of customs authorities // Scientific notes of the St. Petersburg named after V. B. Bobkov branch of the Russian Customs Academy. – 2016. – No. 1 (57). – S. 256-270.
5. Savelyev A. I. Criteria for the presence of actual and alleged knowledge as a condition for holding an information intermediary accountable // Law. – 2015. – No. 11. – S. 48-60.
6. Tereshchenko L. K., Tiunov O. I. Information intermediaries in Russian law // Journal of foreign legislation and comparative law. – 2016. – No. 6. – S. 46-50.
INTERNATIONAL PRIVATE LAW
Berman Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
Ershov Nikita Alexeevich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LEGALIZATION OF PARALLEL IMPORT IN THE RUSSIAN FEDERATION: NEW OPPORTUNITIES OR AN UNCONTROLLED ELEMENT?
In this article, the authors analyze the concept and characteristics of parallel import, the judicial practice of resolving disputes related to parallel import in the Russian Federation, in particular on bringing parallel importers to responsibility for bringing goods into the civil turnover without consent of the rightsholder, since its introduction into the legislative framework to this date, taking into account recent changes in law enforcement practice. In the context of legalization of the parallel import, the authors distinguish the concepts of “parallel import” and “importation of counterfeit goods”: their similarities and differences were determined. As a result of the study, the authors draw conclusions about the prospects and problems of legalization of parallel import in the Russian Federation.
Keywords: parallel import, counterfeit products, trademark, rightsholder, exclusive right.
Reference bibliographic list
1. Ermakova E. P. Legal regulation of “responsible” investment in Russia and foreign countries: concept, principles, examples // Bulletin of the Perm University. Legal Sciences. – 2022. – No. 55. – S. 86-106.
2. Kardanov V. A. Consideration of the prospects of parallel imports // Bulletin of the State University of Management. – 2019. – No. 7. – S. 114.
3. Nurgaleev M. S., Petrov E. N. Peculiarities of legal regulation of parallel import of medicines in Russia // Legal Science. – 2019. – No. 10. – P. 50.
4. Shikalova E. V., Frolova E. E. Prospects for foreign companies to enter the Russian public procurement market // Russia – China: development vector. Materials of the scientific-practical conference. Under the general editorship of O. A. Tsepelev. – 2016. – S. 31-34.
EUROPEAN LAW
KADYSHEVA Olga Vladimirovna
Ph.D. in Law, associate professor, Acting Head of International law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
THE EFFECT OF THE PUBLIC POLICY CLAUSE ON THE FUNCTIONING OF THE INTERNAL MARKET
The article examines the problems of using the concept of public order in the functioning of the EU internal market, including the “fifth freedom”, namely the freedom of movement within the EU of judgments rendered by the courts of the EU member states, which are practically unexplored in the domestic literature. It is noted that in its practice, the EU Court of Justice proceeds from the fact that EU Member States retain the freedom to determine public policy requirements in accordance with their national interests, but these requirements should be interpreted restrictively and under the control of the EU court. In addition, the article discusses issues of public order in the Russian Federation and the EAEU.
Keywords: public order, EU, EAEU, single market, fifth freedom, recognition of judicial and arbitration decisions.
Reference bibliographic list
1. Varey-Sommere Pascal P. de, Getman-Pavlova I. V. International and internal public order in the recognition and enforcement of foreign arbitration awards (law enforcement experience of France and Russia) // Law. Graduate School Journal economy. – 2014. – No. 1. – P. 140-168.
2. Ispolinov A. S. New powers of the Constitutional Court of the Russian Federation to verify the constitutionality of decisions of international courts and arbitrations // Law. – 2020. – No. 12. – P. 61-73.
3. Ispolinov A. Priority of the law of the European Union and national (constitutional) identity in the decisions of the EU Court and the constitutional courts of the EU member states // Comparative constitutional review. – 2017. – No. 4 (119). – S. 47-68.
4. Bermann G. Navigating EU Law and the Law of International Arbitration // Arbitration International. – 2012. – Vol. 28. No. 3. – RR. 397-445.
5. Bermann G. Reconciling European Union Law Demands with the Demands of International Arbitration // Fordham International Law Journal. – 2011. – Vol. 34. No. 5. – Pp. 1193-1216.
6. Feretti F. EU Internal Market Law and the Law of International Commercial Arbitration: Have the EU Chickens Come Home to Roost? // Cambridge Yearbook of European Legal Studies. – 2020. – Vol. 22.-Pp. 133-155.
7. Ghodoosi F. The Concept of Public Policy in Law: Revisiting the Role of the Public Policy Doctrine in the Enforcement of Private Legal Arrangements // Nebraska Law Review. – 2015. – Vol. 94. – Rp. 685-736.
8. Hoško T. Public policy as an exception to free movement within the internal market and the European judicial area: a comparison // Croatian Yearbook of European Law & Policy. – 2014. – Vol. 10. No. 1. – Pp. 189-213.
9. Keresteš T. Public Policy in Brussels Regulation I: Yesterday, Today and Tomorrow // LEXONOMICA. – 2016. – Vol. 8. No. 2. – Rp. 77-91.
10. Kessedjian C. Public Order in European Law // Erasmus Law review. – 2007. – Vol. 1. No. 1. – Pp. 25-36.
THEORY OF GOVERNMENT AND RIGHTS
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, lecturer of the Penza State University
LEGAL EXCEPTIONS AS AN INDICATOR OF THE DEVELOPMENT OF THE LABOR LEGISLATION OF THE RUSSIAN FEDERATION
The relevance of the stated topic is determined by the need to regulate labor relations, the dynamics of their development, as well as the variety of subjects involved in them. The role of legal exceptions has especially increased in the context of the spread of COVID-19, as well as the ongoing partial mobilization on the territory of the Russian Federation. Exceptions in labor legislation provide not only operational regulation of labor relations, but also form a unique, different from the general rules, alternative to the possible line of behavior of subjects of legal relations in non-standard and extraordinary cases and circumstances. The exceptions implemented in the norms of the Labor Code of the Russian Federation are an indicator of progressive and advanced development of labor law in general.
Keywords: exceptions, labor legislation, diversity, labor relations, derogation, provision, instrument of regulation, law, guarantees.
Reference bibliographic list
1. Alekseev S. S. General permissions and general prohibitions in Soviet law. – M.: Yurid. lit. 1989. – 288 p.
2. Barzilova I. S. Legal exceptions as a means of legal development of Russia: modern approaches // Legal development of Russia: principles, strategies, mechanisms: materials of All Russia. scientific-practical. conf. “Legal Readings at Bolshoi Karetny – 2014” (October 30, 2014) / ed. O.Yu. Rybakov; VGUYu (RPA of the Ministry of Justice of Russia). – M.: VGUYu (RPA of the Ministry of Justice of Russia), 2015. – 261 p.
3. Vitchenko A. M. Method of legal regulation of socialist public relations. – Saratov: Sarat Publishing House. un-ta, 1974. – 161 p.
4. Dzhioev S. Kh. Trends and prospects for the development of labor relations in the context of globalization and digitalization of the economy // Education and Law. – 2020. – No. 6. – P. 152-156.
5. Leist O. E. Essence of law. Problems of theory and philosophy of law. – M.: Zertsalo, 2008. – 339 p.
6. Lyutov NL Labor relations and social security // Actual problems of Russian law. – 2019. – No. 6 (103). – S. 98-107.
7. Sumenkov S. Yu. Principles of law and exceptions in law: aspects of correlation // State and law. – 2009. – No. 5. – S. 23-30.
8. Sumenkov S. Yu. Exceptions in law: theoretical and instrumental analysis. – M.: Yurlitinform. 2016. – 482 p.
9. Shershenevich G.F. Selected: In 6 vols. Vol. 4 including the General Theory of Law / Entry. word, comp.: P.V. Krasheninnikov. – M.: Statute, 2016. – 752 p.
10. Ashby W.R. Introduction to cybernetics. – M .: Publishing house of foreign. lit., 1959. – 432 p.
THEORY OF GOVERNMENT AND RIGHTS
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of the N. G. Chernyshevskiy Saratov National Research State University
ENSURING THE BALANCE OF HUMANISTIC VALUES AND LAW AS A VECTOR OF SUSTAINABLE DEVELOPMENT OF THE RUSSIAN LEGAL SYSTEM IN THE DIGITAL AGE
The article substantiates the need for a balanced correlation of humanistic values and law as an important condition for the sustainable development of the domestic legal system in the digital age. According to the author, the actualization of this vector is necessary at the same time for the progressive development of digitalization. In the article, considerable attention is paid to understanding the parameters of the organization and functioning of the legal system, taking into account the need for its adequate response to modern challenges. It is emphasized that the social value of the legal system is largely expressed in ensuring the value foundations of the information society associated with humanistic values. A systematic study of the legal system in its value aspect from the point of view of humanistic values is a necessary condition for analyzing the directions of development of the information society.
Keywords: humanistic values, law, legal system, digital age, information society.
Reference bibliographic list
1. Marchenko M. N. Problems of universalization of human rights in the context of globalization // Bulletin of the Altai Academy of Economics and Law. – 2015. – No. 1 (39). – S. 81-88.
2. Matuzov N. I. Actual problems of the theory of law. – Saratov: Publishing House of the Saratov State Academy of Law, 2003. – 512 p.
3. Man, society, law in digital reality / Ed. O. Yu. Rybakova. – M.: RUSAYNS, 2020. – 254 p.
THEORY OF GOVERNMENT AND RIGHTS
BOKOVA Lyudmila Nikolaevna
Vice-Rector for Professional Education of the Moscow State Regional University
THE LEGAL ASPECT AND THE MAIN TRENDS IN THE APPLICATION AND DEVELOPMENT OF INFORMATION TECHNOLOGIES AND SYSTEMS IN LEGAL PRACTICE
The use of information technologies and systems in legal practice can significantly improve the quality of legal services, but not all technologies can ensure the information security of clients. There is a need for a legal assessment of the information technologies and systems being developed and applied in practice by legal professionals.
Objective: to find the most adequate approach to the information technologies being developed and applied, which, as practice has shown, legal professionals need.
Methodological basis: general scientific and empirical methods, analysis of the norms of the current legislation were used in the framework of the study.
Results: the author’s position on the use or non-use of information technologies and systems in the framework of legal practice is reasoned, the main trends in the development of popular technologies are highlighted.
Conclusions: the importance of creating a unified information system for legal practice is emphasized, the need to include disciplines focused on studying the basics of information security in the educational process of training specialists for the legal sphere.
Keywords: information technologies, artificial intelligence technologies, information security, legal practice, services.
Reference bibliographic list
1. Bokova L. N. Development of the legislation of the Russian Federation in the context of ensuring international information security on the Internet // Legal Culture. – 2016. – No. 3 (26). – S. 64-73.
2. Bikmiev R. G., Burganov R. S. Popularization and stimulation of informatization of judicial office work // Administrator of the court. – 2022. – No. 1. – S. 16-20.
3. Gavrilov S. N. Formation model of the national system of professional legal aid in Russia in the context of global and corporate informatization (digitalization) // Advocate practice. – 2021. – No. 1. – P. 3-8.
4. Demyanets M. V. Legal regulation of identification in the context of the development of information and communication technologies // Education and Law. – 2018. – No. 1. – P. 105-106.
5. Pleshanov A. G. Information technologies and the system of principles of the civil process: issues of correlation // Arbitration and civil process. – 2022. – No. 7. – P. 4-6.
6. Ryzhova N. I., Sokolov D. A. Information and legal competence as a basis for the development of a specialist’s legal culture in the context of global informatization // Modern problems of science and education. – 2018. – No. 2. – P. 27.
7. Shchelokova A. A., Yakovlev V. I. Prospects for the development of the general doctrine of objects of civil rights in the context of digitalization // Lawyer. – 2022. – No. 8. – P. 50-53.
THEORY OF GOVERNMENT AND RIGHTS
GLUSHCHENKO Dmitry Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
KOVTUN Nataliya Alexandrovna
Ph.D. in science psychologicals, associate professor of Criminal law and criminology sub-faculty of the Rostov Law Institute of the MIA of Russia
LEGAL ASPECTS OF THE USE OF THE DON TROOPS AND THE PARTICIPA-TION OF THE DON COSSACK REGIMENTS IN THE FIRST WORLD WAR BASED ON THE JOURNAL OF COMBAT OPERATIONS AND LEGAL ANALYSIS OF THEIR ENFORCEMENT
The Don Cossack regiments made a great contribution to the preservation of the borders of the Russian Empire, repeatedly proving their loyalty to the state on the battlefield, the battlefield. Bearing heavy losses during the positional battles of the First World War with the Austro-Germans, they showed themselves as brave and fearless dashing defenders of our Fatherland and Orthodox Russia. But the use of the Don Cossack regiments also had legal aspects of their participation in the First World War, in this scientific article we consider from the point of view of the law and the analysis of the legislation of Russia.
Keywords: legal aspect, application, modern legislation, order, military operations, Don Cossack regiment, emergencies and circumstances, professionalism, legal analysis.
Reference bibliographic list
1. Glushchenko D. V. Applied physical training of employees of the internal affairs bodies of Russia to perform operational tasks in emergency situations and situations. PhD thesis. Volgograd, 2014.
2. Materials from the Russian State Military Historical Archive (RGVIA) F. 5069. Op. 1. D. 1., Ll. 48-196., D. 12. L. 12-14. and F. 2139. Op. 1. D. 1573. Ll. 468-473.
THEORY OF GOVERNMENT AND RIGHTS
LANOVOY Vadim Gennadjevich
Ph.D. in Law, Head of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
CIVILIZATION: CONCEPT, SIGNS, TYPES
The article is dedicated to understanding and civilization as a basic scientific category of the typology of state and law. The article reveals the concept of civilization, formulates, reveals and analyzes its features, defines the types in the context of religious traditions and basic value and cultural constants. The problematic of the truth of cognition is touched upon. The correlation of the concepts of “state” and “statehood” is carried out. The definition of civilization is given, its signs are formulated. The author concludes that at the present stage of the development of science, civilization should be understood as an integral developing socio-political organization, which includes the whole set of cultural and material values created by man. The concept of “civilization” in modern science should reflect the multivariability of the development of human society, taking into account the invariance of specific social systems, interrelated integrative cultural processes, and the commonality of economic development.
Keywords: civilization, culture, state, statehood, ideology, typology, social economic formation, formation theory, systematic approach, historical continuity, invariance, social organization, form of the state.
Reference bibliographic list
1. Dugin A. N. Foreword: The theory of the Eurasian state // In the book: N. N. Alekseev. Russian people and state. – M .: “Agraf, 2003. – 635 p.
2. Jerry D., Jerry J. Big explanatory sociological dictionary: In 2 volumes / Harpe Collins Publishers. 1995 / Trans. N. N. Marchuk. T. 2. – M .: Veche Publishing House. AST, 2001. – 528 p.
3. Marx K., Engels F. Works: V 39 vol. T. 13. – M., 1954. – 453 p.
4. Ovchinnikov A. I., Boyko N. A. Democracy in the history of Russian statehood: political and legal traditions // Philosophy of Law. – 2016. – No. 5 (78). – P. 7-11.
5. Safronova E. V., Karskanova S. V. “State” and “statehood”: problems of terminological correlation and definition // History of State and Law. – 2014. – No. 22. – P. 42-47.
6. Soviet Encyclopedic Dictionary / Ed. A. M. Prokhorova. – M.: Soviet Encyclopedia, 1983. – 1600 p.
7. Philosophical Encyclopedic Dictionary // Ed. L. F. Ilyicheva, P. N. Fedoseeva, S. M. Kovaleva, V. G. Panova. – M.: Soviet Encyclopedia, 1983. – 840 p.
8. Huntington S. A clash of civilizations? // Polis. – 1994. – No. 1. – S. 33-48.
THEORY OF GOVERNMENT AND RIGHTS
KICHA Maria Vyacheslavovna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Rostov branch of the Russian State University of Justice
THE MODERN ROUND OF THE GOVERNMENT CRISIS IN THE REPUBLIC OF IRAQ: CAUSES AND CONSEQUENCES
The article deals with topical problems of the state-legal structure of the Republic of Iraq. The author pays special attention to the current events that took place in Baghdad in the summer and autumn of 2022 (first of all, the Sadrist protests, the problems of the formation of the Iraqi government, as well as the composition and prospects for the functioning of the new cabinet of ministers under the leadership of Mohammed Shia al-Sudani).
Keywords: Shiites, Sadrists, protests, parliamentary elections, militias, government.
Reference bibliographic list
1. Turnout at Iraqi national election sluggish as many boycott polls. The Guardian. [Electronic resource]. – Mode of access: https://www.theguardian.com/world/2021/oct/10/turnout-at-iraqi-national-election-as-low-as-25-as-many-boycott-polls (date accessed : 11/20/2022).
2. Orientalist Maria Kicha explained who is behind the riots in Iraq and why the seizure of parliament will not necessarily lead to a change of power in the country. “Russian newspaper”. [Electronic resource]. – Access mode: https://rg.ru/2022/08/01/v-bagdade-nespokojno.html?ysclid=laqu79ltkv950380052 (date of access: 11/20/2022).
3. جدل بشأن سحب الحكومة العراقَ Al Araby Al Jadeed. [Electronic resource]. -Access mode: https://www.alaraby.co.uk/politics/ جل-ششوlas-الحومة-الymة- قواومuzz ninger-الpemp bow- تlf circulation: 22.10.2022).
4. Iraqminister har “utvandrat”. Svenska Dagbladet. [Electronic resource]. – Access mode: https://www.svd.se/a/Ad939j/irakminister-har-utvandrat (date of access: 10/22/2022).
5. Iraqi Defense Minister Threatens to Sue Swedish Media Over Disclosure of Citizenship, Alleged Fraud. Sputnik International. [Electronic resource]. – Mode of access: https://sputniknews.com/20191125/iraqi-defence-minister-threatens-to-sue-swedish-media-over-disclosure-of-citizenship-alleged-fraud-1077391981.html?ysclid=laqym6k2r9668607797 ( date of access: 22.10.2022).
THEORY OF GOVERNMENT AND RIGHTS
KOZYREVA Anna Borisovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FORCED STERILIZATION OF THE DISABLED AS A VIOLATION OF HUMAN RIGHTS: BIOETHICAL, COMPARATIVE LEGAL AND POLITICAL AND SOCIOLOGICAL ASPECTS
Eugenic issues have always caused a serious resonance in society. On the one hand, modern society seeks once again to avoid the risk of the birth of unhealthy offspring – to create all possible conditions for the development of healthy national communities. On the other hand, striving for such, at first glance, good intentions, one can easily cross a very dangerous line – the life and freedom of a person. In connection with the rapid development of science, it is becoming increasingly difficult to maintain a balance between practical and ethical. We need an unshakable and clear legal framework for eugenic methods, which must be agreed upon by the entire world community once and for all. So far, this is not the case and the practice of countries varies greatly. There are too many opinions and interests. To solve this problem, the author of the article considered the problem of forced sterilization, taking into account various aspects: legal (human rights), ethical (bioethical) and political (the threat of the revival of some ideas of Nazism in society). In this article, the author describes the historical experience of introducing eugenic ideas into the legal and political life of some states (USA, Germany, Sweden, Switzerland, Canada, Japan, Great Britain), systematizes the current Russian legislation on forced sterilization and discusses its compliance with international and constitutional law, the Nuremberg Code, reveals possible bioethical approaches to coercive manipulation of the human body and discusses the risks of returning to the ideas of Nazism.
Keywords: forced sterilization, medical sterilization, human rights, incapacity, recognition of a citizen as incapable, Nazism, eugenics, genetic diseases, bioethics, Nuremberg Trials, Nuremberg Code.
Reference scientific list
1. Artemov V. M., Savina O. V. Bioethics: a textbook. M., 2021. 240 p.
2. Valades D. The language of law and the law of language. M., 2008. S. 128.
3. Dugaron E. Ts. Civil procedural side of cases of medical sterilization and artificial termination of pregnancy in an adult recognized as legally incompetent // Bulletin of the civil process. 2017. No. 5.
4. Zhdanova V. V. Evgenika. Possibilities and changes in the human genome // Medical Sciences. 2018. S. 84-93.
5. Zhdanova V. V. Possibilities and changes in the human genome // Student Scientific Forum – 2018. Medical Sciences. S. 100.
6. Koltsova N. K. Eugenic sterilization in Germany // Russian Eugenic Journal. 1925. T. 3. Issue. 1. S. 81-82.
7. Liseev I. K., Sharov A. Ya. Human genetics, its philosophical and socio-ethical problems. Materials of the “round table” // Questions of Philosophy. 1970. No. 7. S. 114.
8. Mokhov A. A. Medical sterilization, legal aspect // Medical Law. 2017. S. 14-18.
9. Solovyov A. A. Judicial practice of the states of the Anglo-Saxon legal family in cases of medical sterilization // Perm Legal Almanac. 2021, pp. 175-186.
10. Kharabara IV Object of crime and its types // Journal of education and law. 2020. S. 318-323.
11. Hyun Yu. V. Eugenic project: “pro” and “contra”. M.: IF RAN, 2003. P. 2.
12. Bach O. Euthanasie im Dritten Reich – psychiatriegeschichtliches Inferno (German) // Ärzteblatt Sachsen. 2005. No. 4. S. 146-152.
13. Solovyov V. S. Law and morality. Minsk, 2001. S. 7.
THEORY OF GOVERNMENT AND RIGHTS
MIRONOVA Oksana Alexandrovna
the Chief of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
MIGRATION PROCESSES IN RUSSIA: KEY TRENDS AND FACTORS
The article describes the essence of migration processes taking place in the Russian Federation and the world. The author analyzes the factors influencing the migration process in modern Russia, identifies the problems and trends in their development. Particular attention is paid to migration as a resource for “solving the demographic crisis”. The issues of prevention of illegal migration were also reflected. It is concluded that illegal migration is not only an illegal act for which punishment is provided, but also a real threat to national security.
Keywords: migration, migration process, trends in the migration process, demography, control, prevention, national security.
Reference bibliographic list
1. Information on the socio-economic situation in Russia (January-September 2020) / Rosstat. – Moscow, 2020. – 118 p.
2. Yakhina Yu. Kh., Samigullin V. K., Kazamirov A. I., Vitsk R. E, Khazieva R. R. Migration processes in modern Russia: problems and trends in legal regulation // Textbook. – Ufa, 2019. – 58 p.
THEORY OF GOVERNMENT AND RIGHTS
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
RUDMAN Mark Naumovich
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
THE PROBLEM OF UNIVERSALITY OF SOCIAL RIGHTS AND THE CRISIS OF THE LEGAL STATE (PART 2)
The article presents an analysis of the historical prerequisites for the consolidation of social rights in the constitutional legislation. From the standpoint of an integrative approach the authors examine the crisis of industrial society as a systemic basis for the constitutional regulation of the individual’s right to social insurance provided by the state, as well as objective problems of the introduction of the social insurance system as a threat to the principles of the rule of law.
Keywords: industrial society, social rights, public law, socialist law, social insurance, personal self-realization.
Reference bibliographic list
1. Sukhanov E. A. Comparative corporate law. – M.: Statute, 2014. – 456 p.
2. Hayek F. A. Road to slavery: Monograph / Per. from English. M. Gnedovsky. – M.: New publishing house, 2005. – 264 p.
3. Hayek F. A. Law, legislation and freedom: Modern understanding of the liberal principles of justice and politics: Monograph / Per. from English. B. Pinsker and A. Kustarev; ed. A. Kuryaeva. – M.: IRISEN, 2006. – 644 p.
4. Schlesinger Jr. A. M. Cycles of American History: Per. from English. / Ed. N. I. Kolyshkina. – M: Progress Publishing Group, Progress-Academy, 1992. – 688 p.
THEORY OF GOVERNMENT AND RIGHTS
SULEYMANOV Fuat Murzagalievich
Ph.D. in historical sciences, associate professor of Theory and history of state and law sub-faculty of the Sibay Institute of the Ufa University of Science and Technologies
TAKTAEVA Zulfiya Ravilevna
Ph.D. in science philosophicals, associate professor of Theory and history of state and law sub-faculty of the Sibay Institute of the Ufa University of Science and Technologies
INSTITUTE OF COMPENSATION FOR MORAL DAMAGE: SOCIO-LEGAL ASPECTS
The institute of compensation for moral damage is a new and one of the dynamically developing legal phenomena. The practice of applying this institute shows that there are controversial problems both in theoretical and in practical aspects. One of the consequences of misconduct may be moral damage caused to a person, which often causes a greater degree of moral feelings and suffering than the material harm caused. Therefore, the article attempted to analyze the concepts of moral damage and the practice of applying this legal institution in modern society.
Keywords: moral, moral damage, compensation, compensation, moral experiences, physical suffering, mental harm, assessment of moral damage, illegal actions, protection of citizens rights.
Reference bibliographic list
1. Belyatskin S. A. Compensation for moral (non-property) damage. – M.: JSC “Publishing House” Gorodets “, 2005. – S. 43.
2. Dal V. I. Explanatory dictionary of the Russian language. – M.: AST, 2020. – S. 64.
3. Maleina MN Compensation for non-property damage // Bulletin of the Supreme Court of the USSR. – 1991. – No. 5. – S. 27-29.
4. Marcuse G. One-dimensional man. – M.: AST: Ermak, 2003. – S. 73.
5. Petrazhitsky L. I. Compensation for non-material harm from the point of view of social policy // Law. – 1900. – No. 16. – S. 84.
6. Savitsky V., Poteruzha I. Victim in the Soviet criminal process. – M.: Gosjurizdat, 1963. – S. 6.
7. Suleymanov F. M., Taktaeva Z. R. On the causes of xenophobia and ways to overcome it // Eurasian Law Journal. – 2021. – No. 1 (152). – S. 83-85.
8. Shershenevich G. F. Textbook of Russian civil law. – M.: type. t-va I. N. Kushnerev and Co., 1911. – S. 37.
Erdelevsky A. M. Compensation for moral damage. – M.: Volters, 2004. – S. 19.
THEORY OF GOVERNMENT AND RIGHTS
ISHMUKHAMETOV Samat Rustemovich
postgraduate student, assistant of International law and international relations sub-faculty of the Ufa University of Science and Technology
ON THE ISSUE OF LEGAL POLICY AS ONE OF THE MAIN DIRECTIONS OF STATE POLICY: THEORETICAL AND LEGAL FOUNDATIONS
This article substantiates the importance of a well-thought-out and consistent legal policy in the realities of today. The theoretical understanding of the essence of this category is carried out by referring to the analysis of the author’s positions.
The conclusion is made about the exceptional pluralism of the concept of “legal policy” and the inadmissibility of its limitation to the sphere of law in the strict sense. The key characteristics that make it possible to understand the essence and meaning of legal policy are identified. An attempt is made at the suggestion of the author’s definition of this category, synthesizing the essential features of legal policy.
Keywords: legal policy, law, policy, state, power, mechanism, law-making, law enforcement.
Reference bibliographic list
1. Berg L. N., Berezina E. A. Theory of law: legal influence and legal regulation: a textbook for universities. – Moscow: Yurayt Publishing House, 2022. – 875 p.
2. Bredikhin A. L. Legal policy as a category of modern jurisprudence // Law: retrospective and perspective. – 2020. – No. 4. – S. 8-13.
3. Kagermanov A. S. Legal policy of Russia: problems and development prospects // Eurasian scientific journal. – 2017. – No. 12. – S. 54-57.
4. Kudryavtsev VN Law and behavior. – M., 1978. – 312 p.
5. Malko A. V., Zatonsky V. A. Legal policy in the sphere of the formation of a strong state // Law and State. – 2018. – No. 1-2. – S. 23-34.
6. Malko A. V., Solomatin A. Yu. Fundamentals of legal policy. – M., 2013. – 278 p.
7. Matuzov N. I. Legal policy // Theory of state and law: a course of lectures / ed. N. I. Matuzova and A. V. Malko. 2nd ed., revised. and additional – M., 2001.
– 745 p.
8. Nigmatullin R. V., Suleimanova R. R. Migration policy of the state as a factor of its stability in the modern world // Eurasian legal journal. – 2018. – No. 12 (127). – S. 370-373.
9. Nigmatullin R.V. Legal policy of the modern state in the field of combating international crime // Legal state: theory and practice. – 2013. – No. 3 (33). – S. 24-30.
10. Legal policy of Russia at the present stage: Textbook / Yu. K. Krasnov; Moscow state Institute of International relations of the Russian Foreign Ministry. – M.: Prometheus, 2019. – 354 p.
11. Rybakov O. Yu. Personality and legal policy in the Russian state. – Saratov, 2003. – 165 p.
12. Suleimanova R. R. The role of the Bashkir State University in shaping the international image of the Republic of Bashkortostan // The United Nations is a universal center for maintaining peace and ensuring international security: Proceedings of the International Scientific and Practical Conference, Ufa, November 13, 2015. – Ufa: Bashkir State University, 2015. – S. 118-125.
13. Suleymanova R. R. Problems of communication in the history of social and philosophical thought // Bulletin of the Chelyabinsk State University. – 2011.
– No. 2 (217). – S. 131-138.
14. Khasanov D. R. Modern understanding of legal policy // Law and Politics. – 2020. – No. 6. – S. 97-104.
THEORY OF GOVERNMENT AND RIGHTS
MUSINA Kamilla Salavatovna
postgraduate student of Theory of law and state sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
GENERAL TRENDS IN THE FORMATION OF LEGISLATION IN THE FIELD OF REGULATING THE LEGAL PERSONALITY OF UNMANNED VEHICLES IN THE CONTEXT OF DIGITALIZATION
The article investigates and analyzes trends in the development of legislation in the field of regulation of unmanned innovative modes of transport in Russia and in foreign countries. The concept of implementation of a new law draft to improve legal relations arising out of the operation of unmanned vehicles is substantiated. The relevance of creation and development of requirements for the safety of drones is also presented.
Keywords: drone, legal personality of artificial intelligence, new draft bill, civil liability insurance, hacker attack, cybersecurity.
Reference bibliographic list
1. Arkhipov V. V., Naumov V. B. Artificial intelligence and autonomous devices in the context of law: on the development of the first Russian law on robotics // Proceedings of SPII RAN. – 2017. – Issue. 6 (55). – S. 50.
2. Awan Family Tesla Lawsuit. [Electronic resource]. – Access mode: https://archive.org/details/6517391-Awan-family-Tesla-lawsuit/page/n3/mode/2up (date of reference: 08/22/2022).
3. Tesla sued in China over fatal crash. [Electronic resource]. – Access Mode: https://www.fit.com/content/80c45ad6-7ef0-11e6-bc52-0c7211ef3198 (accessed 12.08.2022).
4. Tesla’s Self-Driving System Cleared in Deadly Crash. [Electronic resource]. – Access Mode: https://www.nytimes.com/2017/01/19/business/tesla-model-s-autopilot-fatal-crash.html (Accessed 08/28/2022).
THEORY OF GOVERNMENT AND RIGHTS
SHVETSOV Vadim Vitaljevich
assistant of International law and international relations sub-faculty of the Ufa University of Science and Technology
CYBERSECURITY AS AN ELEMENT OF CHILD PROTECTION INSTITUTION IN THE XXI CENTURY
The object of the article is the methods of involving of minors in such crimes as sexual inviolability crimes, crimes connected with illicit drug trafficking and terrorist and extremist crimes, which are applied through the Internet.
The objectives of this article are the analysis of methods of involving minors in the above-mentioned areas of criminal activity, through the use of the Internet, taking into account the specifics of each of them, as well as the currently existing methods of combating these criminal acts and assess their effectiveness.
The author comes to a conclusion about the importance of international cooperation to combat the involvement of children in these categories of crime, about the importance of preventive work and technical component in combating crimes of this kind.
Keywords: law; children; crime; involvement; counter-terrorism; cybersecurity; Internet; dark net.
Reference bibliographic list
1. Nigmatullin R. V. Crimes of an international character // International public and private law. – 2009. – No. 2. – S. 27-31.
2. Krasnodar news. A 17-year-old drug dealer from Ust-Labinsk was sentenced to 5 years. [Electronic resource]. – Access mode: https://ki-news.ru/2018/09/18/podrostok-iz-ust-labinska-poluchil-5-let-kolonii-za-popytku-sbyta-narkotikov/ (date of access: 28.10. 2022).
3. Judicial Department under the Supreme Court of the Russian Federation. Information on persons convicted of crimes related to the illegal circulation of narcotic drugs, psychotropic and potent substances for the 1st half of 2022 for crimes related to drug trafficking [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7069 (date of access: 10/28/2022).
4. Judicial Department under the Supreme Court of the Russian Federation. Information on persons convicted of crimes related to illicit trafficking in narcotic drugs, psychotropic and potent substances for the 1st half of 2021 for crimes related to illicit drug trafficking. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=5895 (date of access: 10/28/2022).
5. Nigmatullin R. V., Suleymanova R. R. Migration policy of the state as a factor of its stability in the modern world // Eurasian legal journal. – 2018. – No. 12 (127). – S. 370-373.
6. Strategy for countering extremism in the Russian Federation until 2025, approved by Decree of the President of the Russian Federation of May 29, 2020 No. 344 [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202005290036 (date of access: 10/28/2022).
7. Nigmatullin R. V., Suleimanova R. R., Nasyrova E. V. Modern trends in the UN fight against international terrorism // State and Law. – 2022. – No. 10. – P. 176-183. – DOI: 10.31857/S102694520022608-9.
8. Lukashkova I. L., Yashchenko A. A. Schoolshooting phenomenon: causes and prevention // Uchenye zapiski Kazanskogo juridical institute of the Ministry of Internal Affairs of Russia. – 2021. – V. 6. – No. 2 (12). – S. 337-341.
9. Puchnin A. V., Puchnina M. Yu. Ideology “columbine” as an extremist and terrorist threat to the national security of the Russian Federation // Society and Law. – 2021. – No. 2 (76). – S. 38-43.
10. RBC. Cases of shootings and attacks in Russian schools and colleges. Help [Electronic resource]. – Access mode: https://www.rbc.ru/society/11/05/2021/609a5cdc9a7947237982ce4a (date of access: 10/28/2022).
11. Fontanka.ru. 11 children and 6 adults died. All about the tragedy in Izhevsk, where a man fired at a school. [Electronic resource]. – Access mode: https://www.fontanka.ru/2022/09/26/71684696/ (date of access: 10/28/2022).
12. Declaration of the Rights of the Child 1959 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/childdec.shtml (date of access: 10/28/2022).
13. Interfax. The Supreme Court recognized the movement as terrorist and banned the Columbine movement in the Russian Federation. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/819836 (date of access: 10/28/2022).
14. Interfax. The FSB prevented a number of terrorist attacks in educational institutions in the Russian Federation. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/820829 (date of access: 10/28/2022).
15. Abashidze A. Kh., Simonova M. A., Nigmatullin R. V. [et al.]. The UN and the challenges of the modern world in the 21st century: a collective monograph. – Ufa: Bashkir State University, 2021. – 152 p. – ISBN 978-5-7477-5404-1.
16. UN Convention on the Rights of the Child 1989 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/childcon.shtml (accessed 28.10.2022).
17. Kolbasin VV Influence of information and telecommunication technologies on the dynamics of violent sexual crime against minors and minors // Society and Law. – 2022. – No. 2 (80). – S. 39-47.
18. Nigmatullin R. V. UN activities to counter modern challenges and threats // UN and the “post-COVID” world: state, threats, prospects: materials of the International scientific and practical conference, Ufa, September 30, 2021. – Ufa: Bashkir State University, 2021. – P. 20-26. – DOI 10.33184/OONIPM-2021-09-30.3.
19. Dyk B. M., Hui N. N., Lin L. T. [et al.] The principle of operation of the tor browser // Problems of modern science and education. – 2017. – No. 1 (83). – S. 52-55.
20. Smushkin A. B. Forensic aspects of the study of the darknet for the purpose of investigating crimes // Actual problems of Russian law. – 2022. – T. 17. – No. 3. – S. 102-111. — DOI: 10.17803/1994-1471.2022.136.3.102-111.
21. Vesti.ru. German police have shut down the largest pedophile portal on the darknet. [Electronic resource]. – Access mode: https://www.vesti.ru/article/2558278 (date of access: 10/28/2022).
THEORY OF GOVERNMENT AND RIGHTS
YAKIMOV Roman Vasiljevich
student of the National Research Tomsk State University
SOCIAL NETWORKS AND INSTANT MESSENGERS AS THE MAIN BEARER OF THE RIGHT TO CENSORSHIP IN THE USA
Today, in the United States, censorship is established by private organizations and is harmful to the principles of democracy and the democratic choice itself. Internet platforms, thanks to their resources and the dependence of users on information, present it in a favorable perspective and without taking into account the opinions of certain categories of citizens. Such processes carry tectonic shifts to the right of monopoly ownership of censorship. It no longer belongs to the state in due measure, and private companies seize the remaining levers of influence in the information field. We have seen such processes since the blocking of Donald Trump’s account by the Twitter administration. In the future, the problem began to acquire a more global character due to the use of artificial intelligence and machine learning technologies in the work.
Keywords: censorship, social networks, instant messengers, USA, artificial intelligence, internet regulation, controlled democracy.
Reference bibliographic list
1. Shcherbak T. I. Means of language compression in news media publications on Instagram // Modern scientist. – 2022. – No. 1. – S. 119-122.
2. Lavrik N. V. Electronic democracy: theoretical foundations of the study // Bulletin of the ZabGU. – 2014. – No. 12. – S. 74-82.
3. Shiryaeva N.A. Analysis of the language means of expressing the linguistic personalities of American presidents // Actual problems of philology and methods of teaching foreign languages. – 2022. – T. 16. – No. 1. – S. 82-90.
4. Belevtseva S. N. The strategy of “spreading democracy” in US foreign policy in the second half of the twentieth century: scientific approaches, trends, assessments // Bulletin of Humanitarian Education. – 2021. – No. 2. – S. 80-88. – DOI 10.25730/VSU.2070.21.021.
5. Valitova A. T. Fake news as a political and discursive phenomenon of the modern era // Questions of Political Science. – 2022. – T. 12. – No. 3. – S. 684-691. – DOI 10.35775/PSI.2022.79.3.006.
6. Chumachenko ZM Peculiarities of legal regulation of social networks in the USA // Public and private international law. – 2022. – No. 5. – S. 42-45. DOI 10.18572/1812-3910-2022-5-42-45.
7. Taran K. K., Garbar Yu. R. The use of Internet technologies in the field of communication, a legal view // Eurasian Law Journal. – 2021. – No. 1 (152). – S. 51-55.
8. Kochkin T. N. Monopoly of modern IT corporations on the example of Twitter and Parler // Young scientist. – 2021. – No. 4. – S. 176-177.
9. Tsvetkova N. A., Fedorova I. V. US data diplomacy: goals, mechanism, content // USA and Canada: economics, politics, culture. – 2021. – T. 51. – No. 1. – S. 104-116. DOI 10.31857/S268667300013205-5.
10. Basov O. N. Instruments of intra-elite struggle for political power in modern USA // Questions of national and federal relations. – 2021. – T. 11. – No. 5 (74). – S. 1578-1586. DOI 10.35775/PSI.2021.74.5.022.
HISTORY OF STATE AND LAW
BELYAKOVA Anastasia Mikhaylovna
Ph.D. in Law, associate professor of Humanitarian and legal disciplines sub-faculty of the Dzerzhinsky branch of the N. I. Lobachevsky Nizhny Novgorod State University
IDEOLOGICAL REASONS FOR THE COLLAPSE OF THE USSR AND THE CONSTITUTION OF THE RUSSIAN FEDERATION
The scientific literature considers many reasons for the collapse of the USSR. This article attempts to analyze the ideological reasons that, in our opinion, were crucial for the collapse of the USSR. The author analyzes the ideological state of Russian society in the era of perestroika. The methodological basis of the research is general scientific and general historical methods. The article concludes that, in many wayss, society’s disillusionment with communist ideals led to the collapse of the USSR.
Keywords: the reasons for the collapse of the USSR, perestroika, glasnost, ideology, Marxism-Leninism, communism, atheism.
Reference bibliographic list
1. “Constitution (Basic Law) of the Union of Soviet Socialist Republics” (adopted by the USSR Supreme Council on 07.10.1977) // “Vedomosti of the USSR Armed Forces”. – 1977. – No. 41. – Art. 617.
2. Avdonin V. S. Transformation of the Soviet ideology in the discursive practices of the Russian government // Contours of global transformations. – 2021. – Volume 14. – No. 5. – S. 81-99.
3. Berdyaev N. A. Origins and meaning of Russian communism. – M.: Nauka, 1990. – 224 p.
4. Gadzhiev K.S. On the Crisis of National Identity // mir-politika.ru: international political journal Mir Politika. [Electronic resource]. – Access mode: http://mir-politika.ru/3499okrizise-nacionalnoy-identichnosti.html (date of access: 11/18/2022).
5. Kara-Murza S. G. Dismantling the people. – M.: Algorithm, 2007. – 704 p.
6. Kara-Murza S. G. Soviet civilization. T. 2. – M.: Algorithm, 2001. – 688 p.
7. Lavrovsky I. K. Stranostroy // Main theme. – 2005. – No. 4. – S. 120-137.
8. Nikonova S.I. The crisis of ideology and Soviet society In the 1970s-80s. // Bulletin of TSU. – 2008. – Issue 5 (61). – S. 374-382.
9. Savchenko A. E. USSR 1985-1991: the history of accidental self-liquidation of power? // Russia and Asia-Pacific. – 2016. – S. 66-81.
10. Smolkin V. A holy place is never empty: the history of Soviet atheism / Victoria Smolkin; per. from English. O. B. Leontieva, scientific. ed. M. Yu. Smirnov. – M.: New Literary Review, 2021. – 552 p.
11. Sogrin V. Political history of modern Russia, 1985-1994: from Gorbachev to Yeltsin. – M.: Progress – Academy, 1994. – 192 p.
12. Turaev V. A. The crisis of Soviet identity and the collapse of the USSR // Russia and the Asia-Pacific Region. – 2015. – No. 4 (90). – S. 5-17.
13. Shambarov V. E. Betrayal in the CPSU. Chronicle of the destruction of the USSR. – Moscow: Motherland, 2022. – 480 p.
14. Yakovlev A. N. Bolshevism is a social disease of the twentieth century. // The Black Book of Communism. Crimes, terror, repression / S. Courtois [and others]. – M., 2001. – S. 5-32.
15. Yakovlev N. N. “Yes, we killed the giant dragon”: Notes of a professional historian // Young Guard. – 1996. – No. 6. – S. 43-73
HISTORY OF STATE AND LAW
GASANOVA Savdat Abdurahmanovna
magister student of History of state and law sub-faculty of the Institute of Law of the Dagestan State University
AIBATOV Magomednabi Magomedmirzoevich
Ph.D. in Law, professor of History of state and law sub-faculty of the Institute of Law of the Dagestan State University
THE HISTORY OF THE DEVELOPMENT OF SOVIET CIVIL LAW
This article attempts to establish the distinctive features and peculiarities of the branch of civil law during the existence of the Soviet state. As a result of the conducted historical and legal analysis, the authors came to the conclusion that the civil law of that period was characterized by the existence of a large number of mandatory norms that prevailed over the norms of a dispositive nature. In addition, on the way of building socialism and under the influence of communist ideology, civil law has undergone many changes.
Keywords: civil law, soviet legislation, private law, public law, socialism, private property.
Reference bibliographic list
1. Pashentsev D. A. Features of the development of Soviet civil law at the initial stage (1917-1922) // Bulletin of the Moscow State Regional University. – 2017. – No. 4. – S. 22-27.
2. Feoktistov A. V. Development of civil law in Russia // Science. Society. State. – 2021. – No. 4. – P. 46-55.
3. Ruzanova VD The Civil Code of the RSFSR of 1922: prerequisites for the adoption and continuity of legal regulation // Legal Bulletin of the Samara University. – 2016. – No. 2. – P. 37-42.
4. Biyushkina N. I. Problems of the development of Soviet civil law and process during the period of codification of the mid-1950s – mid-1960s. // Genesis: historical research. – 2017. – No. 1. – P. 9-17.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the Volga branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management of the RANEPA under the President of the Russian federation
FABRICHNAYA Lyudmila Igorevna
student of the 6th course of the Medical Faculty of the Privolzhsky Research Medical University of the Ministry of Health of the Russian Federation
LEGAL REGULATION OF NEGATIVE SOCIAL PHENOMENA ABROAD AT THE END OF THE XVIII CENTURY
The article deals with the issues of legal regulation of the fight against alcoholism in the process of historical development of individual states at the end of the XVIII century. The authors payspecial attention to the emergence, development and comparative analysis of the legislation of foreign countries regulating the treatment and prevention of alcoholism among the population. In the course of the study, the authors consider the main techniques and methods of diagnosis and treatment of drunkenness in various states with the expression of their opinion on this issue. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the importance of measures taken in foreign countries in the fight against such a pernicious phenomenon in society as drunkenness.
Keywords: hospitals, alcoholism, alcohol abuse, medical institutions, legal regulation of compulsory treatment.
Reference bibliographic list
1. Deryuzhinsky VF Police law. Allowance for students. – St. Petersburg, 1903. Allpravo.Ru – 2004. [Electronic resource]. – Access mode: https://clck.ru/32WHce.
HISTORY OF STATE AND LAW
DANILOV Igor Borisovich
Ph.D. in Law, associate professor, Head of Jurisprudence sub-faculty of the Siberian State University of Geosystems and Technologies
LEGAL NATURE AND POLITICAL ESSENCE OF THE LOCAL BUDGETS OF THE RSFSR DURING THE NEP
The article deals with the political and legal processes and phenomena associated with the establishment of the system of local budgets of the RSFSR during the NEP period. The prerequisites for the establishment of a new system are analyzed, the system of zemstvo budgets is described, and its significance is determined. The activity of the Soviet authorities in organizing a system of independent finance in the field is characterized. It is concluded that the understanding of the legal nature and political essence of the new institution was extremely ambiguous and was based on the ideological contradictions of statesmen to the principles and ideas of the New Economic Policy.
Keywords: local budgets, local finances, zemstvo budgets, NEP, Temporary Regulations on Local Finances 1923, Regulations on Local Finances 1926.
Reference bibliographic list
1. Nizamova M.S. Zemsky budgets of the Volga and Ural regions as indicators of the financial and economic activities of local governments // News of the Russian State Pedagogical University. A. I. Herzen. – 2099. – No. 96. – S. 24-31.
2. Regulations on provincial and county zemstvo institutions // Public administration institutions in Russia: the experience of formation and evolution. Documents tell … – N.N., 1994. – S. 120-133.
3. Temporary rules for zemstvo institutions in cases of zemstvo duties, national food and public charity // Collection of all legalizations and orders of the government for zemstvo institutions. – St. Petersburg, 1868. – S. 63-94.
4. Charter on zemstvo duties // Code of Laws of the Russian Empire. Text: 1876-1917 edition.
5. Lenin V. I. Immediate tasks of the Soviet government // Full. coll. Soch., vol. 36. – M., 1969. – S. 151-152.
6. Soviet national economy // Life of Siberia. – 1922. – No. 2. – S. 3.
7. Financial encyclopedia: under the general. ed. G. Ya. Sokolnikova. Second edition. – M., 1927. – S. 278.
8. Ozerov N. M., Optivtsev A. N., Orlov F. E. Local finances and local budget. – M., 1931. – S. 7.
9. Encyclopedia of local government and economy. – M., 1927. – S. 216.
HISTORY OF STATE AND LAW
LYSENKOV Sergey Gennadjevich
Ph.D. in Law, professor, professor of Theory and history of state and law sub-faculty of the Order of Zhukov St. Petersburg Military Institute of the National Guard of the Russian Federation
BUTOV Sergey Valerjevich
adjunct of the adjunct course (full-time and part-time studies) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the Order of Zhukov St. Petersburg MILITARY INSTITUTE OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATION
Legal means to combat the falsification of the history of the Great Patriotic War
The article notes the importance of combating the falsification of the history of the Great Patriotic War, reveals the main directions of falsification and its causes. The authors give a chronology of organizational and legal measures aimed at counteracting the falsification of history, analyze the content of existing legal acts. Proposals for improving the organizational and legal means of counteracting the falsification of history are presented.
Keywords: falsification of history, legal means, patriotism, victory, Great Patriotic War.
Reference bibliographic list
1. Arkin E. A. Conversations about education. – M .: “Young Guard”, 1945. – 203 p.
2. Kuznitsyna S. L. We will be worthy of the memory of the fallen // Psychological and pedagogical problems of human security and society. – 2015. – No. 2 (27). – S. 59-66.
3. Deryugin A. A., Lutsenko V. V. Countering the spread of “fake” information in matters of security: the function of the state in modern conditions // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2022. – T. 8. – No. 3. -pp. 281-286.
4. Lysenkov S. G., Butov S. V. Legal support of the activities of the troops of the NKVD of the USSR to protect the rear of the army during the Great Patriotic War of 1941-1945 // Yakovlev readings: Collection of scientific articles I Interdepartmental scientific and practical conference with international participation , Novosibirsk, March 22-23, 2022. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation, 2022. – S. 278-283.
5. Bredikhin A. L. Legal regulation of the fight against falsification of the history of Russia // Economics. Sociology. Right. – 2020. – No. 4 (20). – S. 101-105.
6. Countering the falsification of the history of Russia: scientific and legislative aspects. – M.: Publication of the State Duma, 2020. – 160 p.
HISTORY OF STATE AND LAW
ERMILOV Ivan Valerjevich
postgraduate student of Economics and management sub-faculty of the Moscow University of Finance and Law
FEATURES OF THE LEGISLATIVE POLICY OF PETER I IN RELATION TO THE OLD BELIEVERS
The scientific article analyzes the reasons for the change in the legislative policy of the Russian government in relation to individual Old Believer communities, as well as the entire religious community of the Old Believers during the reign of Peter I. A legal assessment is given of the regulations governing the legal status of the Old Believers in the Russian state at the beginning of the 18th century.
Keywords: legal status, absolute monarchy, legal regulation, decriminalization, history of law, feudal law.
Reference bibliographic list
1. Glagoleva A.P. Olonets factories in the first quarter of the 18th century. / Acad. sciences of the USSR. Institute of History. – Moscow: Acad. Sciences of the USSR, 1957. – S. 247.
2. Golikova N. B. Political processes under Peter I. Based on the materials of the Preobrazhensky order. – Moscow: Publishing House of Moscow State University, 1957. – S. 121.
3. Dubakov M. V. Industrial and trade policy of Peter I. dissertation … candidate of economic sciences: 08.00.01 / Mosk. state un-t im. M.V. Lomonosov. – Moscow, 2004. – S. 73.
4. Zolina I. I. The legal status of the church according to the Cathedral Code of 1649 // Law and order in modern society: a collection of materials from the XI International Scientific and Practical Conference. – Novosibirsk: Publishing house of NSTU. Novosibirsk, 2012. – S. 149-154
5. Ivanovsky N. I. Guide to the history and exposure of the Old Believer schism. – Kazan, 1887. – S. 81.
6. Klibanov A. I. The experience of religious reading of the works of Avvakum. // Traditional spiritual and material culture of Russian Old Believer settlements in Europe, Asia and America. Sat. scientific works. Rep. ed. N. N. Pokrovsky, R. Morris. – Novosibirsk, 1992. – S. 34.
7. Knyazkov S. A. Essays from the history of pre-Petrine Rus’. – 2nd ed., corrected. and additional – Petrograd: Prince. mag. P. V. Lukovnikova, 1917. – S. 527.
8. Martynov M. N. Mining industry in the Urals under Peter I. – Sverdlovsk, 1948. – P. 11.
9. Melgunov S. P. From the history of religious and social movements in Russia in the 19th century: Old Believers. Religious persecution. Sectarianism. – Moscow: Zadruga, 1919. – S. 107.
10. Opinions of Patr. Nikon about the Code and so on. (From answers to the boyar Streshnev) // ZORSA. – T. 2. – S. 423-498.
11. Skripkina E. V. Autocracy and church schism in Russia in the second half of the 17th century: Tsar Alexei Mikhailovich and Archpriest Avvakum: monograph; Federal Agency for Education, State. educational institution of higher education prof. education Omsk fil. Russian Correspondence Institute of Textile and Light Industry. – Omsk: Publishing House of the Omsk State. un-ta, 2009. – C. 70.
12. Smirnov P. S. History of the Russian split of the Old Believers. – 2nd ed., corrected. and additional – St. Petersburg: type. Ch. ex. appanages, 1895. – S. 175.
13. Tikhomirov M. N. Class struggle in Russia in the 17th century. – Moscow: Nauka, 1969. – S. 444.
HISTORY OF STATE AND LAW
LOOS Evgeniy Viktorovich
senior lecturer of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SEMENYUK Ruslan Alexandrovich
Ph.D. in Law, associate professor, associate professor of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the RANEPA under the President of the Russian Federation
POLITICAL AND LEGAL IDEAS ABOUT THE HONOR AND DIGNITY OF THE INDIVIDUAL IN ANCIENT EGYPT
Effective legal protection and full realization of the individual’s rights to honor and dignity are impossible without studying the nature of these phenomena. The article examines the ideas about the honor and dignity of the individual that existed in one of the typical states of the Ancient East – Ancient Egypt. The state formed in the historical conditions that existed at that time became an instrument of class domination, establishing itself in a number of countries of that period in the form of eastern despotism. The ideological basis of despotism was religion, which deified the personality
and power of the head of state. All this left an imprint on the specifics of the formation of ideas about honor and dignity in the historical segment under study.
Keywords: honor, dignity, personality, ancient Egypt, ideas, human rights.
Reference bibliographic list
1. Anichkin E. S., Botvin I. V. Comparative legal analysis of the criminal legislation of European countries and the Russian Federation for causing property damage by deception or abuse of trust // Altai Legal Bulletin.
– 2014. – No. 1.
2. Biography of the nobleman Una. Cit. Quoted from: History of the Ancient East. Texts and Documents: Textbook / Ed. V. I. Kuzishchina. – M.: Higher. school, 2002.
3. Sayings from the Book of the Dead. Cit. Quoted from: History of the Ancient East. Texts and Documents: Textbook / Ed. V. I. Kuzishchina. – M.: Higher. school, 2002.
4. Loos E. V. To the question of the honor and dignity of collective subjects // Altai Legal Bulletin. – 2017. – No. 3 (19).
5. Instruction of the Herakleopolite king to his son Merikara. Cit. Quoted from: History of the Ancient East. Texts and Documents: Textbook / Ed. V. I. Kuzishchina. – M.: Higher. school, 2002.
6. Ermakova O. V., Botvin I. V., Tarasova L. Ya. [et al.]. Crimes against person and property: problems of interpretation and qualification. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2020.
HISTORY OF STATE AND LAW
Lyapin Nikita Mikhaylovich
Ph.D. in historical sciences, associate professor of Jurisprudence sub-faculty of the Astrakhan State Technical University
CULTURAL AND EDUCATIONAL ORGANIZATIONS OF THE LOWER VOLGA REGION IN THE FORMATION OF CIVIL SOCIETY IN THE SECOND HALF OF THE XIX – EARLY XX CENTURY: HISTORICAL AND LEGAL ASPECT
The article examines the historical and legal aspects of the activities of public cultural and educational organizations of the Lower Volga region and their impact on the formation of civil society in post-reform Russia. Historical experience shows that the condition for the effective solution of socially significant tasks is cooperation and coordination of the activities of the state, local self-government and private initiative.
Keywords: civil society, public organization, city self-government, educational activities.
Reference bibliographic list
1. Vakhterov V.P. Folk readings// Russian school. – 1896. – No. 5-6.
2. Kolesnikova N. A., Ryabova E. L. Civil society in modern Russia. – M.: International Publishing Center “Ethnosocium”, 2016.
3. Kravchenko A. I. Political science: Textbook. – M.: Publishing House of Moscow State University, 2006.
4. Makshaeva E. N. The pre-revolutionary stage of the formation of civil society in Russia // Proceedings of the II International Scientific Conference “Intercultural Communication in Modern Society”. – Saransk, 26.09.-31.10.2011 (Language. Culture. Society. Issue 3. 2011).
5. Commemorative book of the Astrakhan province for 1892 – Astrakhan, 1892. – Part 2.
6. Charter of the society of Saratov sanitary doctors. Saratov, type. Ishchenko & Co., without a year.
HISTORY OF STATE AND LAW
MIKHEEVA SVETLANA NIKOLAEVNA
Ph. D in Law, associate professor of General psychology and humanities sub-faculty of the Ural Law Institute of the MIA of Russia
PROBLEMS OF ORGANIZING CULTURAL AND EDUCATIONAL WORK WITH SPECIAL SETTLERS IN THE URAL REGION IN THE EARLY 30S OF THE XX CENTURY
In this article, on the basis of a number of archival documents, the peculiarities in the organization of cultural and educational work among special settlers in the Urals (in the Ural region) in the early 30s of the XX century are revealed. The need to organize cultural and educational work, including among the Kulaks, had a fairly solid legal and ideological basis, reflected in the decisions of the XVI Congress of the CPSU (b), namely, in the fight against deviations in the national question – against great–power chauvinism and local nationalism; the introduction in the near future of universal compulsory primary education and the elimination of illiteracy of the population, as well as the deployment of percussion and social competition.
Keywords: special settlers, repression, the Urals, Ural Republic, kulaks, cultural and educational work.
Reference bibliographic list
1. Decree of the Central Executive Committee and the Council of People’s Commissars of February 1, 1930 “On measures to strengthen the socialist reorganization of agriculture in areas in areas of complete collectivization and to combat the kulaks.” – [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=6540#LkOzvlSmEb1pyfmS1 (date of access: 11/14/2022).
2. Sixteenth Congress of the CPSU (b). – [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/bse/151487/ (date of access: 11/14/2022)
3. The fate of dispossessed special settlers in the Urals 1930 – 1936: Sat. documents / comp. A. E. Bedel, T. I. Slavko. – Yekaterinburg, 1994.
4. Form of obligation of the senior group of special settlers to comply with the rules introduced in the special settlements of the Ural region. Not later than the beginning of May 1930 – [Electronic resource]. – Access mode: http://istmat.info/node/51467 (date of access: 11/14/2022).
5. Inspection of special settlements of private household plots in the Chusovsky district. Resolution on the report of the commission at a meeting of the bureau of the Chusovoy Republic of Kazakhstan of the All-Union Communist Party of Bolsheviks. July 17, 1932 – [Electronic resource]. – Access mode: http://docs.historyrussia.org/ru/nodes/72221-obsledovanie-spetsposelkov-lph-chusovskogo-rayona-rezolyutsiya-po-dokladu-komissii-na-zasedanii-byuro-chusovskogo-rk-vkp- b-17-iyulya-1932-g#mode/inspect/page/2/zoom/4 (accessed 11/14/2022).
6. On measures to improve political and educational and cultural and educational work among the labor settlers. From the decision of the Bureau of the Sverdlovsk Regional Committee of the All-Union Communist Party of Bolsheviks. November 20, 1935 – [Electronic resource]. – Access mode: http://docs.historyrussia.org/ru/nodes/72244-o-meropriyatiyah-po-povysheniyu-politiko-vospitatelnoy-i-kulturno-prosvetitelnoy-raboty-sredi-trudposelentsev-iz-postanovleniya-byuro- sverdlovskogo-obkoma-vkp-b-20-noyabrya-1935-g#mode/inspect/page/1/zoom/4 (accessed 11/14/2022).
7. Memorandum of the OGPU PP for the Urals comrade. Rappoport from the detective of the NGO PPOGPU in the Urals Kiryukhin A.S. and the head of the Regional commandant’s department Baranov N.D.; Summary of the Main Directorate of Camps of the OGPU on the political and economic state of the special settlers on July 20, 1931; Report of the Ural regional health department to the People’s Commissariat of Health on February 10, 1932 – [Electronic resource]. – Access mode: http://pmem.ru/index.php?id=60 (date of access: 11/14/2022).
8. On special settlers and the reorganization of the commandant’s administration and its local bodies. Decree of the Presidium of the Ural Regional Executive Committee of February 8, 1931 – GASO. – F. R.-88. – Op. 1-a. – D. 63. – L. 11, 12.
HISTORY OF STATE AND LAW
MIRONOVA Oksana Aleksandrovna
Head of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
NAZAROV Matvey Viktorovich
cadet of the Crimean branch of the Krasnodar University of the MIA of Russia
INTERACTION OF THE POPULATION WITH AUTHORITIES CARRYING OUT OPERATIONAL SEARCH ACTIVITIES: HISTORICAL AND LEGAL ASPECT
It is impossible to ensure the prevention and detection of crimes without opposing the activities of criminals to a complex of operational-search measures and using the help of the population. The articles conducts a historical and legal study of the stages of development of interaction between the population and the bodies carrying out operational-search activities, starting from the stage of building the Old Russian state (X century) and ending with the modern period. The authors come to the conclusion that such interaction has gone through 4 stages in its development.
Keywords: operational-search activity, ancient Russian state, Russian Empire, Soviet state, police
Reference bibliographic list
1. Bredikhin A. L. III department of His Imperial Majesty’s own office in the history of Russian political investigation // Bulletin of the Chelyabinsk State state university. Series: Law. – 2020. – No. 1.
2. Rasskazov L. P., Rasskazov V. L. The emergence and functioning of the detective police of St. Petersburg (1866-1881) // Bulletin of the KRU of the Ministry of Internal Affairs of Russia. – 2018. – No. 2.
3. Shakhmatov A. V. Legal regulation of the assistance of citizens to bodies carrying out operational-search activities. Dis. … cand. legal Sciences. – St. Petersburg, 1999. – 230 p.
HISTORY OF STATE AND LAW
PRYS Irina Evgenjevna
Ph.D. in Law, senior lecturer of Theory of state and law, European and international law sub-faculty of the Academy of the FPS of Russia
HISTORICAL AND LEGAL ANALYSIS OF ENSURING THE IMPLEMENTATION OF PERSONAL RIGHTS OF MINORS COMMITTED OFFENSES
The article makes a historical and legal analysis of the relationship to minors as an object of encroachment, and as a subject of a crime. It is determined that at each stage of historical development, the attitude towards minors, as the most vulnerable part of the population, on the part of the family, society and the state, was brought to uniform measures of education and response to their illegal behavior . So, at the end of the nineteenth century. regulations and instructions began to be developed on the upbringing of minors, including the detention in prisons and other places of detention of those who committed a crime.
Keywords: rights, freedoms, personality, citizen, person, minor, offenses, state power, legal consciousness, crime, misconduct.
Reference bibliographic list
1. Mustafaev F. M., Mustafaeva Z. S. The specifics of the protection of the rights of minors in the history of the Russian state // UN Convention on the Rights of the Child: experience and prospects for implementation: Proceedings of the All-Russian Scientific and Practical Conference. – Makhachkala, 2009. – S. 309.
2. Likhachev D. S. “The Tale of Bygone Years” // In the book: Likhachev D. S. [Great Heritage: Classical Works of Literature of Ancient Rus’]. – L .: Artist. lit., 1987. – T. 2.
3. Popper K. The logic of succession (logic der Forschung, in Russian translation “Logic and the growth of scientific knowledge”), 1935.
4. General exhortation of Charles I (789) on the formation of schools // Reader on the history of the Middle Ages. Ed. N. P. Gratsinsky and S. D. Skazkin. T. 1. – M .: State uch.-pedpgog. Publishing House of the Ministry of Education of the RSFSR, 1949. – S. 119.
HISTORY OF STATE AND LAW
SHALAGINA Svetlana Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
GALIULLINA Svetlana Dmitrievna
Ph.D. in historical sciences, professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
GAYNUTDINOV Rail Radikovich
postgraduate student of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
TO THE PROBLEM OF LEGAL REGULATION OF NATURAL REPRODUCTION OF THE POPULATION OF BASHKORTOSTAN (1945-1959)
The article deals with some problems of natural reproduction of the population of the Bashkir Soviet Socialist Autonomous Republic in the post-war period of the last century. The legal documents that predetermined the goals, objectives and priorities of support and protection of motherhood and childhood in the USSR are analyzed. The article attempts to comprehensively study the sources and channels, the specifics of the reproductive behavior of the population of Bashkiria. A comprehensive analysis of the problems associated with the natural reproduction of the population was carried out based on the involvement of a wide range of sources.
Keywords: legal system, state power, population reproduction, family.
Reference bibliographic list
1. 1st session of the Supreme Soviet of the Bashkir ASSR of the second convocation. Verbatim report. – Ufa, 1947. – S. 1.
2. Shalagina S. V., Istamgalin R. S., Lobankova I. P., Iseeva E. R., Kotova T. P. On the problem of the influence of soviet demographic policy on the urban population of Bashkortostan in 1930s-1950s. // Asian social science. – 2015. – T. 11. – No. 19. – S. 185-192.
3. Galin R. A., Galina L. L. Population of the Republic of Bashkortostan. Dynamics and features of formation. – Ufa, 1996.
4. Communist Party of the Soviet Union. Communist Party of the Soviet Union in resolutions and decisions of congresses, conferences and Plenums of the Central Committee (1898-1988) / CPSU; Institute of Marxism-Leninism under the Central Committee of the CPSU; Under total ed. A. G. Egorova, K. M. Bogolyubova. – 9th ed., additional and corrected. – M.: Politizdat, 1984. – T. 5. – S. 144-145.
5. Podyachikh P. G. Issues of population and demographic statistics. – M., 1966.
6. Resolutions of regional conferences of the Bashkir party organization and plenums of the regional committee of the CPSU (1917-1940). – Ufa, 1959. – S. 681.
7. Resolutions of regional conferences of the Bashkir party organization and plenums of the regional committee of the CPSU. (1941-1960). – Ufa, 1962.
8. Shalagina S. V., Kazantseva E. A. Some aspects of the evacuation of the population to the Republic of Bashkortostan during the Great Patriotic War // Scientific potential. – 2013. – No. 2 (11). – S. 93-97.
HISTORY OF STATE AND LAW
SALNIKOV Alexander Sergeevich
Ph.D. in Law, leading scientific researcher of the Department for the study of history of the MIA of Russia of the research center of the Management Academy of the MIA of Russia
OMSBON OF THE NKVD OF THE USSR: CREATION, STRUCTURE, ACTIVITY
The article deals with the creation, formation and development of one of the unique special units formed during the Great Patriotic War – a separate motorized rifle brigade for special purposes of the NKVD of the USSR, in the process of setting new goals and tasks for it in the areas of its activity in the conditions of various stages of the fight against the German – fascist invaders.
Keywords: The Great Patriotic War, sabotage activities, intelligence activities, partisan movement, OMSBON NKVD of the USSR, Special Group troops.
Reference bibliographic list
1. Bunin S. V., Martsenyuk Yu. A., Berkutov A. S. et al. Troops of the NKVD in the Great Patriotic War. Military historical work. In 3 volumes. Vol. II. Troops of the NKVD in the first and second periods of the Great Patriotic War (1941-1943). – M .: Editorial office of the magazine “On a combat post” of the internal troops of the Ministry of Internal Affairs of Russia, 2015.
2. The Great Patriotic War of 1941-1945. In 12 vols. T. 6. Secret war. Intelligence and counterintelligence during the Great Patriotic War. – M.: Kuchkovo field, 2013.
3. Zevelev A. I., Kurlat F. L., Kazitsky A. S. Hatred, pressed into the tol. – M.: Thought, 1991.
4. Klimov A. Yu., Potemkin I. A., Salnikov A. S. The role of the NKVD of the USSR in the partisan movement and underground work during the Great Patriotic War of 1941-1942. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2020.
5. Klimov A. Yu., Salnikov A. S. Organization of the NKVD USSR intelligence and intelligence work of off-front units during the Great Patriotic War (October 1941 – April 1942) // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (66). – S. 99-103.
6. Korovin VV Soviet intelligence and counterintelligence during the Great Patriotic War. – M .: “Rus”, 2003.
7. Partisans in the battle for Moscow 1941-1942: Archival documents and materials / Comp. M. M. Gorinov, M. Yu. Marukov, I. V. Ryzhova. – M .: Publishing house of the Main Archive of Moscow, Publishing house “Patriot”. 2008.
8. RGVA. F.39026. Op. 1. D. 112.
9. RGVA. F.39026. Op. 1. D. 189.
10. RGVA. F. 39026. Op. 1. D. 179.
11. Sudoplatov P.A. Victory in the secret war. 1941-1945 / Pavel Sudoplatov. – M.: Algorithm. 2019.
HISTORY OF STATE AND LAW
BUTOV Sergey Valerjevich
adjunct of the adjunct course (full-time and part-time studies) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the Order of Zhukov St. Petersburg MILITARY INSTITUTE OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATION
The feat of Zoya Kosmodemyanskaya in legal documents and arguments of falsifiers of the history of the Great Patriotic War
The article presents an analysis of archival materials and legal documents that make it possible to objectively judge the feat of the Hero of the Soviet Union Zoya Kosmodemyanskaya. The author, on the basis of indisputable facts, refutes the arguments of the falsifiers of the feat of Zoya Kosmodemyanskaya, shows the need to apply legal and moral measures to persons trying to distort historical truth, rehabilitate Nazism, and discredit the exploits of the defenders of the Fatherland in the Great Patriotic War.
Keywords: Zoya Kosmodemyanskaya, hero, feat, falsification of history, Great Patriotic War.
Reference bibliographic list
1. Bunin S. V., [and others]. Troops of the NKVD in the Great Patriotic War. Military historical work. In 3 volumes. Volume III. Troops of the NKVD in the third period of the Great Patriotic War and in the Soviet-Japanese War (1944-1945). M.: Editorial board of the magazine “On a combat post” of the internal troops of the Ministry of Internal Affairs of Russia, 2015. 416 p.
2. Heroes of the Soviet Union: A Brief Biographical Dictionary in two volumes. T. 1 / Abaev – Lyubichev / Pred. ed. Collegium I. N. Shkadov. M.: Military Publishing House, 1987. 911 p.
3. Lidov P. Tanya // Pravda. gas. 1942. 27 Jan. C. 3.
4. Central Archive of the Socio-Political History of Moscow (hereinafter – CAOPIM). F. 8682. Op. 1. D. 561. L. 55-76.
5. Russian State Archive of Socio-Political History. F. M-7. Op. 2. D. 649. Part 5. L. 7.
6. Russian State Archive of Literature and Art. F. 1865. Op. 1. D. 110. L. 28-29.
7. CAOPIM. F. 3. Op. 52. D. 145. L. 1-10.
8. Central Archive of the FSB of Russia (hereinafter – CA FSB). D. N-16440. L. 66-67v.
9. CA FSB. D. N-16440. L. 68-69.
10. CA FSB. D. 35902. L. 49-49v.
11. Archive of the FSB Department for Moscow and the Moscow Region. D. 35902. L. 15-16.
12. CAOPIM. F. 8682. Op. 1. D. 561. L. 38-38v., 40-40v.
13. Central archive of the Ministry of Defense of the Russian Federation. F. 148a. Op. 3763. D. 111. L. 21, 22.
HISTORY OF STATE AND LAW
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the Volga branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management of the RANEPA under the President of the Russian Federation
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
FABRICHNAYA Lyudmila Igorevna
student of the 6th course of the Medical Faculty of the Privolzhsky Research Medical University of the Ministry of Health of the Russian Federation
FEATURES OF THE LEGAL REGULATION OF PROSTITUTION IN RUSSIA AND ABROAD AT THE END OF THE XVIII CENTURY
The article deals with the issues of legal regulation of prostitution as a negative phenomenon at the end of the XVIII century. Particular attention is paid to the mechanism of identifying a certain category of women offering intimate services for remuneration, and to the measures that foreign countries, including Russia, have taken in the fight against this harmful phenomenon. The authors analyze the legislation of France, England and Russia on the issue under study, compare the positive and negative aspects. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the importance of measures taken in foreign countries and in Russia in the fight against prostitution.
Keywords: law, law, prostitution, hospitals, forced treatment, syphilis.
Reference bibliographic list
1. “Charter on deanery” of Empress Catherine II of April 8, 1782 Art. 155. [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?doc_itself=&empire=1&nd=142691&page=1&rdk=0&link_id=3#I0.
CONSTITUTIONAL LAW
ARKHIPKINA Anastasia Sergeevna
Ph.D. in economical sciences, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
SNITSAREVA Yuliya Vladimirovna
magister student of the Baikal State University, Irkutsk, consultant of the Department for the Development of the Social sphere of the Committee on Social Policy
RECEIVING SUBSIDIES BY MUNICIPALITIES OF THE IRKUTSK REGION TO SUPPORT YOUNG FAMILIES IN SOLVING HOUSING PROBLEMS
This article analyzes one of the mechanisms for the implementation of the constitutional right to housing on the example of the Irkutsk region. The right to housing is one of the fundamental and natural rights of a human being, because the need for housing has arisen since ancient times from the moment of the need to shelter and protect oneself and one’s family. Nowadays, ensuring the need of each citizen for housing is one of the most important conditions for creating a decent standard of living for human beings.
Keywords: right to housing, support for young families, housing, social payment.
Reference bibliographic list
1. Babichev I. V., Esin V. V. Some legal aspects of the municipal economy and the implementation of the competencies of municipal entities // Constitutional and municipal law. – 2017. – No. 3.
2. Badulina E. V., Krashennikova P. V. Ensuring the right to housing by local governments. – Moscow: Publication of the State Duma, 2015.
3. Boyko N. N. Actual problems of interbudgetary transfers in local budgets // State power and local self-government. – 2020. – No. 10.
4. Sazonova N. L. Features of the development of social policy in the Russian Federation // Baikal research journal. – 2011. – No. 4.
5. Sedykh O. G. Interaction between government and business in solving the housing problems of orphans as a mechanism for controlling and deterring social dependency // Academic legal journal. – 2018. Vol. 9. – No. 2.
6. Pyatkovskaya Yu. V. State support of young professionals as a direction of youth policy: regional aspect // Academic legal journal. – 2021. – V. 22. No. 3.
CONSTITUTIONAL LAW
BELOVA Alina Radikovna
adjunct of the Academy of Management of the MIA of Russia
TRANSFORMATION OF THE RIGHT TO PRIVACY IN THE CONDITIONS OF INFORMATIZATION OF PUBLIC RELATIONS
The article examines the question of the transformation of the right to privacy under the influence of developing modern technologies and their active implementation in public relations. The evolution of the content and the process of normative consolidation of this right in Russia and in the decisions of the ECtHR and Russia’s Constitutional Court are consistently considered. The actual problems faced by citizens in the exercise of the right to immunity are identified, in connection with which the need to improve national legislation is substantiated.
Keywords: constitutional law, human rights, personal privacy, privacy, digital society, data protection, fundamental rights to privacy and data protection.
Reference bibliographic list
1. Golovistikova A. N., Grudtsyna L. Yu. Constitutional law of Russia: Textbook. M.: Eksmo, 2006. C. 864.
2. Mayorov A. V., Poperina E. N. Formation and development of the right to privacy // Legal science and law enforcement practice. 2021. No. 3 (21). pp. 34-38.
3. Krotov A. V. The concept of a “broad” interpretation of the right to private life in the decisions of the Constitutional Court of the Russian Federation // Actual problems of Russian law. 2018. No. 5 (90). pp. 81-88.
4. Varlamova N. V. Digital rights – a new generation of human rights? // Proceedings of the Institute of State and Law of the RAS / Proceedings of the Institute of State and Law of the RAS. 2019. V. 14. No. 5. S. 141-147. DOI: 10.35427/2073-4522-2019-14-5-varlamova.
5. Zakharov T. V. The right to privacy: a new reality of the human emotional sphere // Law, digital technologies and artificial intelligence. M.: INION RAN, 2021. S. 251-266. DOI: 10.31249/pctii/2021.00.13 ISBN 978-5-248-01002-8
6. Khuzhokova I. M. Evolution of the content of the right to privacy in Russia // Advocate practice. 2016. No. 4. S. 2-5.
CONSTITUTIONAL LAW
TEMEEVA Yulduz Kairbekovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University
MAGOMEDOVA Patimat Rasulovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
INFORMATION SECURITY AS A TYPE OF NATIONAL SECURITY IN THE DOMESTIC SPHERE OF THE RUSSIAN FEDERATION
The issues of ensuring information security as a type of national security of the Russian Federation are considered. The expediency of adopting a new Federal law regulating activities aimed at ensuring information security is analyzed. The author also substantiates the need to strengthen the protection of the Russian information space from modern cyber threats.
Keywords: security, information, danger, information warfare, hacker attacks, cyber threats.
Reference bibliographic list
1. Bushkova A. Yu. Technologies of information impact on the statehood of the Russian Federation: ways of counteraction // Manuscript. – 2018. – No. 9 (95). – S. 63-66.
2. Muratova Yu. D. The essence of the information war in the regional political conflict and the main forms of its manifestation // Communicology. – 2018. – No. 1. – S. 34-45.
3. Nuyanzin S. V., Nuyanzin O. S. Information security of the individual and some organizational and legal measures to ensure it // Legal science and law enforcement practice. – 2018. – No. 2 (44). – S. 77-85.
4. Pilipenko VF Security: theory, paradigm, concept, culture. Dictionary reference. – M.: PER SE-Press. – 2005. – S. 170.
5. Smirnov V. M., Perebeinos K. A. Legal acts in the field of information security as one of the most important sources of information security of the Russian Federation // Trends in the development of science and education. – 2022. – No. 85-1. – S. 52-57.
6. Sherstyuk V.P. Information security in the system of ensuring the national security of Russia, federal and regional aspects of ensuring information security // Information society. – 1999. – No. 5. – S. 3-5.
CONSTITUTIONAL LAW
MALLALIEVA Gulnara Huseynovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
Alieva Zulfiya Ibragimovna
Ph.D. in Law, lecturer, associate professor, of the Institute of Law of the Dagestan State University
SOME ASPECTS OF THE IMPLEMENTATION OF THE BASIC LAW OF THE RUSSIAN FEDERATION
This paper reflects the results of a study of certain aspects of the implementation of the Constitution of the Russian Federation. The Basic Law of the Russian Federation has always been and remains one of the most popular objects of legal research. Interest in the implementation of the Constitution increased significantly in 2020 after the adoption of amendments, which were ambiguously perceived by the legal community. The issue of the supremacy of the Constitution and its correlation with the norms of international law was particularly acute. In this regard, the authors consider the constitutional provisions enshrined in articles 15 and 79 and their significance for the entire system of law of the Russian state.
Keywords: the Constitution of the Russian Federation, supremacy, international law, national law, implementation of the Constitution of the Russian Federation, amendments.
Reference bibliographic list
1. Farkhtdinov Ya. F. Sources of civil procedural law of the Russian Federation: specialty 12.00.15 “Civil process; arbitration process”: dis. … legal Sciences. – Yekaterinburg, 2002. – 376 p.
2. Madaev E. O. Doctrinal approach to the correlation of national and international law in the light of constitutional amendments // Prologue: Journal of Law. – 2021. – No. 1. – P. 96-105.
3. Avakyan S. A. Constitutional law of Russia. Training course: study guide: in 2 volumes. Volume 1. – 7th ed., Revised. and additional – Moscow: Norma: INFRA-M, 2022. – 433 p.
CONSTITUTIONAL LAW
STEPANKOV Sergey Dmitrievich
postgraduate student of the Рeoples’ Friendship University of Russia; Lead legal counsel of Joint-Stock Company “Institute “Orgenergostroy”
LEGAL ASPECTS OF USING CRYPTOCURRENCIES AS MEANS OF PAYMENT IN CROSS-BORDER SETTLEMENTS
Conducting foreign economic activitynder sanctions is a serious challenge and a test of the stability of the financial system. Financial restrictions not only affected the state, but also societies (including business structures, citizens). The State and society are in search of an effective mechanism for cross-border settlements. One of the options being considered is cryptocurrency transactions. This article examines the use of cryptocurrencies as a means of payment in cross-border settlements through the prism of legal regulation.
Keywords: bitcoin, blockchain, cryptocurrency, sanctions, token, financial market, digital assets, digital currency, digital economy.
Reference bibliographic list
1. Euroclear earned €110 million on Russian assets frozen due to sanctions // Forbes. [Electronic resource]. – Access mode: https://www.forbes.ru/finansy/472593-euroclear-zarabotala-eur110-mln-na-zamorozennyh-iz-za-sankcij-rossijskih-aktivah (date of access: 10/14/2022).
2. Database on the imposed sanctions against Russia // Castellum.ai. [Electronic resource]. – Access mode: https://www.castellum.ai/russia-sanctions-dashboard (date of access: 10/14/2022).
3. Gorodov O. A. Acquisition of utilitarian digital rights as a new way of investing under Russian legislation // Law and digital economy. – 2020. – No. 1.
4. Treaty on the Eurasian Economic Union. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
5. The West froze about $300 billion in reserves of the Bank of Russia // Gazeta.ru. [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/04/21/17607968.shtml (date of access: 10/14/2022).
6. Information about the limitations of the national payment system “Mir” // Official website of the US Treasury. [Electronic resource]. – Mode of access: https://home.treasury.gov/policy-issues/financial-sanctions/faqs/1082 (accessed 10/12/2022).
7. Kucherov I. I. Digital currencies in alternative payment systems // Digital economy: current trends in legal regulation. – M.: IZiSP, NORMA, 2022.
8. The Ministry of Finance announced the possible imminent legalization of cross-border payments in cryptocurrencies // TASS. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/15646955 (date of access: 10/14/2022).
9. The Ministry of Finance of Russia sent the draft federal law “On Digital Currency” to the Government of Russia // Official Internet resource of the Ministry of Finance of the Russian Federation. [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/press-center/?id_4=37774-minfin_rossii_napravil_v_pravitelstvo_rossii_proekt_federalnogo_zakona_o_tsifrovoi_valyute (date of access: 10/14/2022).
10. Mishustin instructed to agree on a position on digital currencies and mining by December 19 // TASS. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/15732581 (date of access: 10/12/2022).
11. Press release of the Eighth package of sanctions // Official website of the European Commission. [Electronic resource]. – Access mode: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5989 (Accessed 10/14/2022).
12. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis: monograph. – M.: 4 Print, 2020.
13. Bank of Russia Ordinance No. 6290-U, dated October 3, 2022, “On the Procedure for Establishing and Publishing by the Central Bank of the Russian Federation the Official Rates of Foreign Currencies against the Ruble”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
14. Federal Law No. 259-FZ of August 2, 2019 “On Attracting Investments Using Investment Platforms and on Amending Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
15. Federal Law No. 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
16. Federal Law No. 173-FZ of December 10, 2003 “On Currency Regulation and Currency Control”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
17. Federal Law No. 382-FZ of December 29, 2015 “On Arbitration (Arbitration) in the Russian Federation”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
18. Federal Law No. 259-FZ of July 31, 2020 “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
19. The Central Bank sees the potential for international settlements in digital currencies of central banks // TASS. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/15777351 (date of access: 10/14/2022).
20. Digital economy: conceptual foundations of legal regulation of business in Russia: monograph. – M., 2021.
CONSTITUTIONAL LAW
CHISTYAKOVA Olga Andreevna
postgraduate student of the Saint-Petersburg University of Management Technologies and Economics
RESTRICTION OF HOUSING RIGHTS AS A WAY TO INFLUENCE THE DEBTOR
Currently, there is a tendency in the legislative space to introduce amendments that affect the rights of debtors, including in cases where it is a question of withdrawing a dwelling from him. The reason for this trend is that the debtor’s activity in fulfilling the obligations assigned to him to pay the debt is not so high. In turn, the state is trying to form an effective economic system that allows solving the issue of debt collection as soon as possible. The author analyzes the points of view of researchers and the provisions of the current legislation on this issue. On the basis of which, the author concludes that this legislative trend is negative, as well as the need to create a different mechanism, which will be based on the permissible restriction of the debtor in relations where the object is real estate (housing).
Keywords: housing, debtor, constitutional regulation, principles of law, bankruptcy.
Reference bibliographic list
1. Afanasyeva T. Yu. Restriction of property rights: theoretical and legal aspect // Power of Law. – 2022. – No. 1 (49). – S. 192-196.
2. Gavrilov V. N., Zudina M. A. Escrow account in Russian and foreign law // Power of Law. – 2022. – No. 1 (49). – S. 126-135.
3. Kondratenko A. A. The concept of an insolvent debtor as a subject of law // Freedom and Law: collection of articles LXXXIV International Scientific Conference, Kemerovo, December 06, 2021. – Kemerovo: Pluton Publishing House, 2021. – P. 7-14.
4. Mikheeva I. V., Volkov M. V. Prospects for introducing the institution of state corporate managers in case of bankruptcy of developers // Legislation. – 2022. – No. 4. – P. 11-17.
5. Pirogova E. S. Restriction of the legal capacity and legal capacity of legal entities – debtors in the framework of insolvency (bankruptcy) cases: dis. … cand. legal Sciences. Specialty: 12.00.03. Civil law, business law, family law. – Moscow, 2010. – 170 p.
CONSTITUTIONAL LAW
BURENKOVA Mariya Aleksandrovna
postgraduate student of the Institute of Public Administration and Management of the RANEPA under the President of the Russian Federation”
FEATURES OF THE IMPLEMENTATION AND RESTRICTION OF THE RIGHT TO UNHINDERED RETURN TO THE RUSSIAN FEDERATION IN THE LIGHT OF MODERN REALITIES
The article raises the problem of the essence and nature of the right to unhindered return to the Russian Federation. The relevance of the research topic is due to the fact that this right, due to a number of factors related to the spread of COVID-19 and the conduct of a special military operation, may be subject to certain restrictions. Restrictions on the right in question may be both legal and non-legal in nature. It is established that the obstacles should be temporary and comply with the principles of expediency, necessity and reasonableness. It is proved that this right is granted only to citizens of the Russian Federation. The author comes to the conclusion that the right to unhindered return to the Russian Federation is an independent constitutional right that is part of the group of rights that constitute the right of a person and a citizen to territorial self-determination. The scientific novelty consists in the fact that the results obtained in the article show that the right to unhindered return to the Russian Federation requires further research. In particular, the procedure and mechanisms for the lawful restriction of this right need to be improved.
Keywords: freedom of movement, right to freedom of movement, right of entry, right of unhindered return to the Russian Federation.
Reference bibliographic list
1. Aleshkova I. A. On the issue of legal and non-legal grounds for restricting the right to freedom of movement // Education and Law. – 2016. – No. 7. – S. 82-85.
2. Andrianova VV Personal human rights – a legal category // Gaps in Russian legislation. – 2012. – No. 6. – S. 13-16.
3. Kudryavtseva A. V. Formation of the right to freedom of movement // Scientific notes of the Oryol State University. – 2012. – No. 1 (45). – S. 423-428.
4. Limonova N. A. Theoretical and legal approaches to understanding freedom of movement // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 3. – S. 138-144.
5. Novopavlovskaya E. E. Restriction of freedom of movement in the light of modern Russian realities: legal regulation and practice of constitutional proceedings // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (95). – S. 33-40.
6. Shapiro I. V. Constitutional rights of citizens to freedom of movement, choice of place of stay and residence, travel abroad and return: a theoretical aspect // Constitutional and municipal law. – 2009. – No. 13. – S. 8-12.
ADMINISTRATIVE LAW
ARBUZOV Andrey Ivanovich
lecturer of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
LOMAKINA Irina Gennadjevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
LYAKHOV Alexander Vasiljevich
associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation, colonel of justice
LEGAL ASPECTS OF THE EFFECTIVENESS OF PUBLIC PROCUREMENT IN THE TROOPS OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATIOn
The article discusses some organizational and legal aspects of the regulation of public procurement in the troops of the National Guard of the Russian Federation. The authors analyzed the theoretical basis of the study, which formed the basis for considering the concept of “effectiveness of public procurement”. The authors undertook a study of materials and data obtained from internal statistical sources, materials of judicial and administrative practice.
Keywords: efficiency, public procurement, costs, control, management decisions, corruption factors, procedures.
Reference bibliographic list
1. Gorohova S. S. On some legal and organizational aspects of public procurement in Russia // Legal state: theory and practice. – 2021. – No. 3 (65) – S. 72-80. DOI: 10.33184/pravgos-2021/3/6.
2. Gushchin A. Yu. Determination of efficiency and methods of its assessment in the system of state order // Fundamental research. – 2012. – No. 9 (part 1). – S. 204-208.
3. Demidenko M. V. Development of methods for assessing the effectiveness of public procurement of construction products in the context of the requirements of the contract system // Vestnik grazhdanskikh inzhenerov. – 2017. – No. 2. – P. 291-300.
4. Isaeva A. D. The principle of the effectiveness of public procurement // Bulletin of the Ivanovo State University. – Series “Natural, social sciences”. – 2020. – Issue. 1. – S. 5-9.
5. Mikhashin A. V. Civil law regulation of procurement for the state defense order: dis. … for the degree of Ph.D. legal Sciences. – Moscow, 2020. – 199 p.
6. Moroz O. N., Arbuzov A. I. Study of the effectiveness of public procurement of institutions of the National Guard troops // New reality: economics, management, social communications: materials of the All-Russian scientific and practical conference with international participation (Novosibirsk, April 23-24, 2019 g.): at 2 hours / Ministry of Science and Higher Education of the Russian Federation, Novosibirsk State Pedagogical University. – Novosibirsk: Publishing house of NGPU. – Part 1. – Scientific works of teachers, graduate students and undergraduates, 2019. – P. 149.
7. Polukarov A. V. To the question of the effectiveness of the implementation of administrative and legal means of combating corruption in the social sphere // Administrative and municipal law. – 2016. – No. 9. – P. 799-806.
8. Ponomarev A. A. Questions of theory and methodology to improve the efficiency of public procurement as a financial and economic instrument // Service in Russia and abroad. – 2021. – T. 15. – No. 5. – S. 180-189.
9. Yuzvovich L. I., Isakova N. Yu., Istomina Yu. V. et al. Public procurement system: theoretical and practical aspects: monograph / Ed. L. I. Yuzvovich, N. Yu. Isakova. – Yekaterinburg: publishing house Ural. un-ta, 2019. – 233 p.
10. Tereshchenko D.S. On new approaches to determining the effectiveness of public procurement // Financial Law. – 2018. – No. 2. – S. 20-23.
11. Shmeleva M. V. Efficiency of procurement as the most important goal of the Russian contact system // Legal paradigm. LEGAL CONCEPT. – 2018. – No. 1. – S. 79-83.
ADMINISTRATIVE LAW
BOGATYREVA Yuliya Vladimirovna
adjunct of the Academy of Management of the MIA of Russia
THE CONCEPT OF MONITORING LAW ENFORCEMENT IN THE ACTIVITIES OF INTERNAL AFFAIRS BODIES, THE LEGAL BASIS OF THE ACTIVITIES OF INTERNAL AFFAIRS BODIES TO MONITOR LAW ENFORCEMENT
Monitoring of law enforcement today is an important tool for the implementation of the study of the level of effectiveness of the use of regulations, as well as the creation of ways to improve them, which significantly helps to increase the success of the activities of the internal affairs bodies of the Russian Federation. Today there are a large number of problems, law-making errors are revealed, which complicate the application of certain normative legal acts. Here, law enforcement monitoring can be a necessary tool for searching, summarizing and monitoring the status of regulatory legal acts. Such acts can determine and improve the quality of the activities of internal affairs bodies, provided that the regulatory area is transformed and the tasks of individual law enforcement entities are changed.
Keywords: law enforcement, internal affairs bodies, law enforcement monitoring, legal monitoring, IAB, law-making.
Reference bibliographic list
1. Bogatyreva Yu. V. Law enforcement monitoring in the activities of the Internal Affairs Directorate of the Russian Federation // All-Russian Legal Forum. Collection of the All-Russian Scientific and Practical Conference. – 2022. – S. 75-81.
2. Eremin A. R. Akhmetov A. R. The concept and essence of law enforcement // Alley of Science. – 2021. – No. 1. – P. 415-419.
3. Kleimenov M. P. Ivanov E. S. Kozlovskaya M. G. Monitoring of law enforcement in Russia // Bulletin of the Omsk University. – 2017. – No. 4. – P. 123-129.
4. Metzger A. A. The concept and content of law enforcement / / Education, science, scientific personnel. – 2020. – No. 3. – P. 60-65.
5. Popovich T. V. The process of organizing legal training in the internal affairs bodies of the Russian Federation // Student Bulletin. – 2020. – No. 43. – P. 40-43.
6. Russian A. A. Butenko T. P. The concept and essence of monitoring legislation and law enforcement as an independent legal institution // Postgraduate student. – 2022. – No. 3. – P. 39-42.
7. Uvarov A. A. On the principles of law enforcement monitoring // Law enforcement monitoring. – 2022. – No. 2. – P. 92-95.
8. Khabieva Z. D. Bidova B. B. Law enforcement as a fundamental basis of the law enforcement legal process // Bulletin of the Vladimir Law Institute. – 2022. – No. 1. – P. 158-162.
9. Khabieva ZD Doctrinal understanding of law enforcement as the basis of the jurisdictional process // Agrarian and land law. – 2022. – No. 6. – P. 41-43.
ADMINISTRATIVE LAW
VOLKOV Vyacheslav Yurjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KHOLETSKAYA Angelina Yurjevna
student of the 4th course of the Crimean branch of the Russian State University of Justice
MITKEVICH Viktoriya Nikolaevna
student of the 3rd course of the Crimean branch of the Russian State University of Justice
PROHIBITION OF ACCOUNTS IN A FOREIGN BANK FOR MUNICIPAL EMPLOYEES
The article examines the expediency of introducing a ban on having a foreign bank account for municipal employees. Despite the specificity of corruption actions at the level of local self-government, associated with a less pronounced system of separation of powers than at the level of public administration, the powers of municipal employees, scaled by the systematic expansion of the revenue base of municipal budgets and increased investment in Russian regions, are wide enough to commit corruption offenses. In these conditions, the most important tool for preventing corrupt behavior on the part of municipal employees is a ban on having an account with a foreign bank.
Keywords: foreign accounts, ban, municipal employees, corruption, corrupt behavior.
Reference bibliographic list
1. Roy O. M. Corruption in local governments // Actual problems of scientific support of the state policy of the Russian Federation in the field of combating corruption. – 2021. – No. 4. – P. 90-100.
2. Vyrleeva-Balaeva O. S. Financial and legal prohibitions and features of their implementation // Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. – 2017. – No. 33. – P. 12-15. – EDN YTCWOZ.
ADMINISTRATIVE LAW
KRASNOVA Elena Mikhailovna
employee of the information center Transport Departments of the MIA of Russia in the Central Federal District, Moscow
THE JURISDICTIONAL POWERS OF POLICE OFFICIALS IN THE PROCEEDINGS ON ADMINISTRATIVE OFFENSES AND THEIR CLASSIFICATION
When establishing the competence of a particular executive authority, the state authorizes it to perform certain actions, fixing it by law. The author clarifies the concepts of “jurisdiction”, “powers”, “competence” and their relationship, since the terms are closely interrelated in administrative science and other branches of law; reveals the essence of the concept of the jurisdictional powers of a police official, the totality of powers, rights, duties of an official in the conduct of proceedings on administrative offenses; suggests their classification according to different criteria, depending on the purpose, goals and objectives, as well as on the form of implementation.
Keywords: jurisdiction; internal affairs bodies (police); police officials; administrative and judicial powers; competence; proceedings in cases of administrative offenses, rights and obligations, criteria, classification.
Reference bibliographic list
1. Yakimov A. Yu. Subjects of administrative jurisdiction (legal status and its implementation) – M., 1996. – P. 7.
2. Yakimov A. Yu. The status of the subject of administrative jurisdiction and the problems of its implementation – M., 1999. – 200 p.
3. Golovko VV The concept and signs of administrative jurisdiction // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (55). – S. 60.
4. Krasnova E. M. On the concept and essence of the administrative and jurisdictional powers of a police officer // Eurasian legal journal. – 2021. – No. 7 (158). – S. 234.
5. Federal Law of December 30, 2001 No. 195-FZ “Code of the Russian Federation on Administrative Offenses” (as amended on September 24, 2022). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08.11.2022).
6. Decree of the President of the Russian Federation of December 21, 2016 N 699 (as amended on September 30, 2022) “On approval of the Regulations on the Ministry of Internal Affairs of the Russian Federation and the Model Regulations on the territorial body of the Ministry of Internal Affairs of the Russian Federation for the subject of the Russian Federation” exercises other powers in the field internal affairs in accordance with federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation.). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08.11.2022).
7. Soldatov A.P. On a new approach to determining the powers of internal affairs bodies (police) to consider cases of administrative offenses // Legal Bulletin of the Kuban State University. – 2020. – No. 3. – P. 90-93.
8. Denisenko VV Comment to the Code of the Russian Federation on administrative offenses: general provisions. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2015. – 176 p.
9. Federal Law of February 7, 2011 No. 3-FZ (as amended on April 5, 2020) “On the Police” // Collection of Legislation of the Russian Federation. – 2011. – No. 7. – Art. 900.
10. Order of the Ministry of Internal Affairs of Russia dated August 30, 2017 No. 685 “On officials of the system of the Ministry of Internal Affairs of the Russian Federation authorized to write protocols on administrative offenses and carry out administrative detention”. [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 21.10.2022).
11. Galagan I. A. Administrative responsibility in the USSR (procedural regulation). – Voronezh: VGU, 1978. – P. 34.
12. Law of the Russian Federation Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the Status of Judges in the Russian Federation” (as amended on April 16, 2022). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 06.10.2022).
13. Federal Law No. 440-FZ of December 22, 2020 “On Amendments to the Federal Law “On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation”. [Electronic resource]. – Access mode: ATP “ConsultantPlus” ( date of access: 21.10.2022).
14. Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees of Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (as amended on June 28, 2022). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 21.10.2022).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer in Administrative and financial law sub-faculty of the Dagestan State University
THE PLACE AND ROLE OF MAGISTRATES’ COURTS IN THE MECHANISM OF REALIZATION OF CITIZENS’ RIGHTS IN THE RUSSIAN FEDERATION
The article discusses the role and place of magistrates in protecting the rights of citizens in our country. It is said that the organization of their activities is regulated on an equal basis with federal and regional legislation. The problems of organizational support are listed. It is emphasized that today it is possible to note an increase in the number of proceedings on administrative offenses, in connection with which a large burden falls on magistrates. It seems necessary to determine the upper limit of the workload of magistrates, which should not be exceeded. Examples from judicial practice are given. It is concluded that the magistrates’ courts play an important role in the mechanism of realization of citizens’ rights, bringing the courts closer to the local population, and thereby facilitating citizens’ access to justice.
Keywords: magistrates’ courts, citizens’ rights, Russian Federation, judicial system, administrative offenses, local population.
Reference bibliographic list
1. Verbitskaya L. Conditions are being created for the successful work of justices of the peace // Russian justice. – 2015. – No. 5. – S. 19-20.
2. Kainova Yu. V., Salnikov S. P. Theoretical and legal criteria for evaluating the effectiveness of the institute of magistrates in the consideration of cases of administrative offenses // Legal science: history and modernity. – 2020. – No. 2. – P. 152-160.
3. Musina M. M. Modern problems of organizing the activities of justices of the peace in the Russian Federation // Feather of Science. – 2022. – No. 47. – P. 11-13.
4. Ochirgaryaeva I. K. on the issue of some legal and organizational problems of the activities of justices of the peace in the Russian Federation // Law and State: Theory and Practice. – 2020. – No. 11 (191). – S. 165-168.
5. Rud N. I. Features of proceedings in cases of administrative offenses by justices of the peace // Questions of Russian and international law. – 2022. -T. 12. – No. 3A. – S. 246-251.
6. Stepanova K. N. Actual problems of the development of the institute of justices of the peace in the Russian Federation // Humanitarian Scientific Bulletin. – 2021. – No. 9. – P. 107-114.
7. Stepanova KN Problems of improving the legislation on magistrates in the Russian Federation // Naukosphere. – 2021. – No. 9-1. – S. 195-201.
8. Tsipy D.V. The place of the justice of the peace in the judicial system of the Russian Federation // Skif. Issues of student science. -2021. – No. 1 (53). – S. 142-145.
ADMINISTRATIVE LAW
KOVALISHINA Kseniya Viktorovna
student of the Crimean branch of the Russian State University of Justice
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
MIGRATION ACCOUNTING IN THE SYSTEM OF MIGRATION RELATIONS: THEORETICAL ASPECT
The article examines the existing problems of defining the concept and essence of migration legal relations, reveals their structure and features. Based on the analysis, the authors proposed the author’s definition of the categories “migration legal relations” and “migration accounting” from the point of view of the theory of the system. The place of migration registration in the system of migration legal relations is determined.
Keywords: migration; migration legal relations; the system of migration legal relations; migration accounting.
Reference bibliographic list
1. Evsikova E. V. Some issues of ensuring and protecting human rights in administrative and tort relations in the field of migration offenses // Ocean Management. – 2022. – No. 1 (15). – P. 11-16.
2. Kapranova Yu. V., Ponezhina L. Yu. Legal regulation of migration processes: textbook. – Rostov-on-Don, 20 nineteen.
3. Kapranova Yu. V., Kapranov A. V. Migration as a globalization process: history and modernity // Actual problems of migration processes: collection of materials of the International Scientific and Practical Conference. – 2019. – S. 44-50.
4. Kapranova Yu.V. Constitutional and Legal Institute of Citizens’ Appeals: Separate Issues of Theory // Yurist-Pravoved. – 2018. – No. 2 (85). – S. 158-164.
5. Kapranova Yu.V., Tuzov A.I. Prevention of offenses in the field of labor migration: the content and problems of improvement // Yurist-Pravoved. – 2020. – No. 2 (93). – S. 192-198.
6. Trifonova K. V., Trifonov S. G. Institutional and legal support of migration security // Eurasian legal journal. – 2022. – No. 4 (167). – S. 147-149.
7. Trifonova K. V., Trifonov S. G. The institution of migration amnesty as one of the legal means of modern migration policy in the context of the COVID-19 coronavirus pandemic // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 140-142.
8. Zherebtsov A. N. The concept of administrative and legal regulation of migration relations in the Russian Federation (a comprehensive analysis of theory and practice): abstract of dis. … doc. legal Sciences. – Moscow, 2009
9. Plotnikov R. V. Migration legal relations: social and legal aspects // Bulletin of the South Ural State University. Series: Law. – 2012. – No. 20 (279). – S. 100-105.
10. Lyalyakin Yu. A. Constitutional and legal framework for the regulation of migration relations in the Russian Federation: author. dis. … cand. legal Sciences. 12.00.02. Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2007. – 28 p.
11. Ermashov DV Mechanism of legal regulation of migration relations: theoretical aspect: author. dis. … cand. legal Sciences 12.00.01. Non-state educational institution of higher professional education “Russian Academy of Advocacy and Notaries”. – Moscow, 2011. – 33 p.
12. Suyunchalieva O. T. Migration legal relations: concept, structure, subjects and development models // Almanac of modern science and education. – Tambov: Diploma, 2012. – No. 6 (61). – S. 151-154.
13. Methodology and methods of studying migration processes: Interdisciplinary textbook. Benefit. Ed. Zh. Zayonchkovskaya, I. Molodikova, V. Mukomel. – Moscow, 2007. – 370 p.
14. Popova S. M. — Digitalization of the migration sphere in Russia: state and prospects // Law and Politics. – 2021. – No. 9. – P. 118-132.
ADMINISTRATIVE LAW
LENSKY Vladimir Mikhaylovich
Ph.D. in Law, associate professor of Administrative law and administrative activity sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
KOCHKAREV Arkadiy Ivanovich
Ph.D. in Law, associate professor of Administrative law and administrative activity sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
DEBATING QUESTIONS ABOUT THE CONCEPT AND NATURE OF ADMINISTRATIVE SUPERVISION ESTABLISHED FOR PERSONS RELEASED FROM PLACES OF DEPRIVATION OF LIBERTY
This article discusses debatable questions about the concept and nature of administrative supervision established for persons released from places of deprivation of liberty.
The authors substantiate the multidimensional nature of administrative supervision over persons released from places of deprivation of liberty, classify its essence, define normatively established tasks, and confirm its complex nature as an intersectoral legal institution.
The study made it possible to formulate the author’s definition of an institution that regulates administrative supervision established in relation to persons released from places of deprivation of liberty.
Keywords: administrative supervision, social prevention, crime prevention function, dual nature of administrative supervision.
Reference bibliographic list
1. Arkhipov D. N., Grishin D. A., Ponikarov V. A. Administrative supervision of persons released from places of deprivation of liberty by the police and institutions of the penitentiary system of Russia: Monograph. – Ryazan: Ryazan branch of the Moscow State University of the Ministry of Internal Affairs of Russia, 2011. – P. 22.
2. Bavsun M. V., Karpov K. N. Control over the behavior of persons convicted on probation or released from punishment as another measure of a criminal law nature // Penitentiary system: law, economics, management. – 2010. – No. 3. – S. 9-10.
3. Bagriy-Shakhmatov L. V. Criminal liability and punishment. – Minsk: Higher School, 1976. – P. 156.
4. Bahrakh D. N. Soviet legislation on administrative responsibility [Text]: Proc. allowance / M-in higher. and avg. specialist. image. RSFSR. Perm. state un-t im. A. M. Gorky. – Perm: [b. and.], 1969. – S. 116, 149.
5. Bratus S. N. Legal responsibility and legality. – M.: Gorodets-izdat. 2001. – S. 78.
6. Breev A. V., Chistotina O. N. Administrative supervision of persons released from places of deprivation of liberty: criminological aspect: textbook. – Ryazan: Ryazan branch of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2016. – P. 17.
7. Budenko N. I. Administrative and legal position of citizens in the sphere of public order: dis. … cand. legal Sciences. – M.: MVShM of the Ministry of Internal Affairs of the USSR, 1986. – P. 79.
8. Buzina M. V., Yudina Yu. V. Administrative supervision of persons released from places of deprivation of liberty: from theory to practice // Administrative law and process. – 2017. – No. 4. – P. 44-47.
9. Gromov VG, Galkina AN Legal nature of administrative supervision // Modern law. – 2015. – No. 6. – S. 20-24.
10. Kalinina T. M. The concept and legal nature of administrative supervision // Administrative law and process. – 2013. – No. 8. – P. 44-51.
11. Martynov A. V. Administrative supervision in Russia: theoretical foundations of construction / Ed. Starilova Yu. N. – M .: Unity-Dana: law and law. 2010. – S. 27.
12. Poniatovskaya T. G. Crime prevention: security measures, administrative supervision // Criminological journal of the Baikal State University of Economics and Law. – 2013. – No. 3. – P. 100.
13. Repiev A. G., Kashkina E. V. Special principles for the implementation of administrative supervision of persons released from places of deprivation of liberty: essence, content and types // Administrative law and process. – 2019. – No. 2. – P. 61-65.
14. Smolyakov P. N. Administrative supervision of persons released from places of deprivation of liberty // Consultant Plus: [website of the reference legal system]. – [Moscow, 2022]. [Electronic resource]. – Access mode: http://www.consultant.ru, (date of access: 11/12/2022).
15. Teplyashin P. V. Administrative supervision of persons released from places of deprivation of liberty // Legality. – 2011. – No. 10. – P. 16-19.
16. Filchenko A. P. Administrative supervision of persons released from places of deprivation of liberty: legal nature and prospects for legislative regulation // Administrative law and process. – 2012. – No. 2. – S. 54-57.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KOVALISHINA Kseniya Viktorovna
student of the Crimean branch of the Russian State University of Justice
MIGRATION REGISTRATION SYSTEM IN THE RUSSIAN FEDERATION IN THE CONTEXT OF DIGITALIZATION AND ITS ELEMENTS
The article examines the concept and essence of the legal category “migration accounting”, based on the analysis of the developments of modern legal doctrine and the position of the legislator, its own definition of the legal categories “migration accounting” and “migration accounting system” ” is derived, the elements of the migration accounting system are revealed, the concept and essence of the State Information system of migration accounting is studied. Based on the analysis, the authors make their proposals.
Keywords: migration legal relations; migration accounting; migration accounting system; state migration accounting information system.
Reference bibliographic list
1. Evsikova E. V. Some issues of ensuring and protecting human rights in administrative and tort relations in the field of migration offenses // Ocean Management. – 2022. – No. 1 (15). – S. 11-16.
2. Kapranova Yu. V., Ponezhina L. Yu. Legal regulation of migration processes: textbook. – Rostov-on-Don, 2019.
3. Kapranova Yu. V., Kapranov A. V. Migration as a globalization process: history and modernity // Actual problems of migration processes: collection of materials of the International Scientific and Practical Conference. – 2019. – S. 44-50.
4. Kapranova Yu. V. Constitutional and legal institution of citizens’ appeals: separate questions of theory // Yurist-Pravoved. – 2018. – No. 2 (85). – S. 158-164.
5. Kapranova Yu. V., Tuzov A. I. Prevention of offenses in the field of labor migration: the content and problems of improvement // Yurist-Pravoved. – 2020. – No. 2 (93). – S. 192-198.
6. Trifonova K. V., Trifonov S. G. Institutional and legal support of migration security // Eurasian legal journal. – 2022. – No. 4 (167). – S. 147-149.
7. Trifonova K. V., Trifonov S. G. The institution of migration amnesty as one of the legal means of modern migration policy in the context of the COVID-19 coronavirus pandemic // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 140-142.
8. Popova S. M. Digitalization of the migration sphere in Russia: state and prospects // Law and Politics. – 2021. – No. 9. – S. 118-132.
9. Trofimova T. S. Essence and content of the migration sphere of the Russian Federation // Education. The science. Scientific personnel. – 2019. – No. 3. – S. 47-49.
10. Yurkov A. L. To the question of the purposes of immigration control // Journal of Russian law. – 2004. – No. 5. – S. 123-133.
11. Ivanova L. V. Institute of Passport Registration and Migration Registration of Citizens of the Russian Federation, Foreign Citizens and Stateless Persons in the Russian Federation: Author. dis. … cand. legal Sciences 12.00.14. – Moscow, 2009. – 28 p.
ADMINISTRATIVE LAW
SARANKINA Yuliya Aleksandrovna
Deputy Head of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FAMILY AND HOUSEHOLD DEBAUCHERY AS A FORM OF FAMILY VIOLENCE
The article is dedicated to the analysis of domestic violence, its forms. The article characterizes such a form of family violence as domestic debauchery, defines its cycles of development. On the basis of the analysis carried out, it is proposed to provide for administrative responsibility for family and household rowdy.
Keywords: administrative responsibility, rowdy, prevention, domestic violence, domestic rowdy.
Reference bibliographic list
1. Volosova N. Yu. Family (domestic) violence as an interdisciplinary problem. [Electronic resource]. – Access mode: http://www. publishing-vak.ru/file/archive-law-2017-3/27-volosova.pdf.
2. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi
?req=doc&base=LAW&n=344845&fld=134&dst=1000000001,0&rnd=0.7757159798759543#018665019203366784.
3. Hushing up the problem of domestic violence, its victims give rise to a new round of cruelty. [Electronic resource]. – Access mode: https://sb-by.turbopages.org/s/sb.by/articles/pole-bitvy-semya.html.
4. Administrative liability for domestic violence in the Republic of Belarus. [Electronic resource]. – Access mode: http://zav.minsk.gov.by/20190515-profilaktika-nasiliya-v-seme/7355-administrativnaya-otvetstvennost-za-nasilie-v-seme-v-respublike-belarus.
5. Law of the Republic of Belarus dated 04.01.2014 No. 122-Z
“On the Fundamentals of Activities for the Prevention of Offenses”. [Electronic resource]. – Access mode: https://kodeksy-by.com/zakon_rb_ob_osnovah_deyatelnosti_po_profilaktike_pravonarushenij.htm.
CIVIL LAW
AKRAMOVA Alfiya Talgatovna
Ph.D. in political science, senior lecturer in Civil law sub-faculty of the Institute of Law of the Bashkir State University
CORRELATION PROBLEM BETWEEN THE CONCEPT OF COMMERCIAL DESIGNATION AND TRADEMARK. PRACTICAL ASPECT
The article analyzes the current legal implementation of the use of commercial designation, that identify a specific entrepreneur (manufacturer, seller) in the market of goods with the same name, and the means of individualization of the seller – trademark, service mark and the company name .
The means of individualization indicated in the Civil Code of the Russian Federation, on the one hand, protects business, on the other hand, give a raise to a number of practical questions such as identity of individual means of individualization and commercial designation.
Keywords: commercial designation, trademark, means of individualization, company name, exclusive right to a commercial designation.
Article-by-article bibliographic list
1. Klochun T. G. Exclusive right to a commercial designation in the Russian Federation: Author. dis. … cand. legal Sciences: 12.00.03. M., 2007. 30 p.
2. Ozheva Z. R. Exclusive rights to a commercial designation in the business law of the Russian Federation: problems of theory and practice: dis. … cand. legal Sciences: 12.00.03; [Place of protection: Ros. state humanitarian. un-t (RGGU)]. M., 2013. 142 p.
3. Belova D. A. Legal protection of trade names and commercial designations in the Russian Federation: Author. dis. … cand. legal Sciences: 12.00.03. M., 2004. – 28 p.
4. Shishkin D. A. Civil law forms of use of company names and commercial designations: author. dis. … cand. legal Sciences: 12.00.03. Rostov-on-Don, 2010. 24 p.
5. Lupandina O. A. Features of commercial designation regulation // Modernization of Russian society and education: new economic guidelines, management strategies, law enforcement and personnel training: Proceedings of the XXI National Scientific Conference (with international participation), Taganrog, April 16-18, 2020 of the year. Taganrog: Taganrog Institute of Management and Economics, 2020. P. 506-509. EDN YDLVBF.
6. Korostelev D. V., Tarasov Yu. A. Objects of intellectual property as a means of individualization of a legal entity // Problems of development of modern society: Collection of scientific articles of the 7th All-Russian National Scientific and Practical Conference. In 5 volumes, Kursk, January 20–21, 2022 / Edited by V. M. Kuzmina. Kursk: Southwestern State University, 2022, pp. 301-305. EDN ZXSWJC.
7. Verkholetov M. A. On new possibilities of legal regulation of commercial designations. 2016. No. 2 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-novyh-vozmozhnostyah-pravovogo-regulirovaniya-kommercheskih-oboznacheniy (date of access: 06/13/2022).
8. Poleshchenkov A. V. The concept of a commercial designation // Vestnik OmGU. Series. Right. 2009. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-kommercheskogo-oboznacheniya (date of access: 06/13/2022).
9. Kalacheva T. L. Commercial designations and brand names in the civil code of the Russian Federation // Actual issues of legal science and practice in the modern worlde: Materials of the I All-Russian Scientific and Practical Conference, Khabarovsk, June 18, 2020. Khabarovsk: Pacific State University, 2020, pp. 38-42. EDN MTCLQE.
10. Svetlorusov A. A. Legal meaning of registers of commercial designations in the Russian Federation // Proceedings of the IX Congress of Young Scientists, St. Petersburg, April 15–18, 2020. St. Petersburg: ITMO University: Federal State Autonomous Educational Institution of Higher Education “National Research University ITMO”, 2021. P. 221-223. EDN MKGNTS.
11. Litvinov G. A. Legal aspects of protecting the use of means of individualization of participants in civil circulation on the Internet // Actual scientific research in the modern world. 2021. No. 6-4 (74). pp. 121-125. EDN DNSSGT.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
CIVIL AND LEGAL SUPPORT OF CERTAIN AREAS IN THE ACTIVITIES OF THE PES
This article deals with the problem of civil legal support of persons serving criminal sentences who are subjects of property and personal non-property relations and who, due to the commission of criminal acts on this ground, ended up in places of deprivation of liberty. The article discusses examples of such support, provides an approximate content of the necessary work ultimately at preventing the commission of repeated crimes in this area and introducing this category of citizens to the organization of law-abiding life in civil society.
Keywords: civil law, citizen’s right, support, employment contract, social support, convicts, penal enforcement system.
Reference bibliographic list
1. T. V. Kirillova, O. V. Kirillova, S. E. Korysheva, E. Yu. Kholopova, M. I. Kuznetsov, S. A. Luzgin, N. Yu. Konoplin, and E. O. Anan’eva, Ivanova E. K., Chemerilova I. A., Shubnikova E. G. Educational work: new directions, methods, ways of development. Collective monograph. Ulyanovsk, 2018.
2. Ananyeva E. O. Civil liability of persons convicted to criminal penalties: problems of execution of court decisions // In the collection: Crime, Punishment, Correction. Collection of abstracts of speeches and reports of the participants of the IV International Penitentiary Forum: (to the 140th anniversary of the penitentiary system of Russia and the 85th anniversary of the Academy of the Federal Penitentiary Service of Russia): in 10 vols. 2019. P. 177-181.
3. Memo for employers “Peculiarities of labor regulation of those sentenced to forced labor”. – [Electronic resource]. – Access mode: https://muob.ru/aktualno/news/novosti-poseleniy/1237120.html (date of access: 08/12/2022).
CIVIL LAW
BYCHKO Marina Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty, Head of the Basic department of legal support of business of the Institute of Law of the North-Caucasian Federal University
SAVCHENKO Oxana Nikolaevna
senior lecturer of Civil law and process sub-faculty of the Institute of Law of the North-Caucasian Federal University
“UNACCEPTABLE CONDITIONS” AND “UNFAIR CONDITIONS” IN CONTRACTS WITH CONSUMERS: THE RELATIONSHIP OF CONCEPTS
The reform of consumer legislation in the field of clarifying unacceptable conditions of consumer contracts that infringe on consumer rights is relevant and dictated by the expediency of introducing additional guarantees for the consumer as a weak party to the contract. Based on international experience and the experience of foreign countries, amended Article 16 of the Law of the Russian Federation “On Consumer Protection”, which came into force on 1.09.2022. The authors draw attention to the lack of terminological uniformity in the formulation of the title of Article 16 of the Law of the Russian Federation “On Consumer Protection”. The new definition of “unacceptable conditions” used by the Russian legislator coincides in essence with the definition of “unfair contract terms” widely used in domestic judicial practice, civil doctrine and international legislation.
Keywords: consumer; unacceptable terms of the contract, unfair terms of the contract, invalidity of the contract.
Reference bibliographic list
1. Consumer protection in the Russian Federation in 2021: State report. Moscow: Federal Service for Supervision of Consumer Rights Protection and Human Welfare. – M., 2021. – 340 p.
2. Kratenko M. V. Unfair conditions in contracts with consumers. [Electronic resource]. – Access mode: http://www.kmcon.ru/main/articles/jurist12/jurist12_3058.html.
3. Lazarev V.V. The doctrine of the implementation of decisions of the judiciary in the legislation // Journal of Russian law. – 2019.- No. 7 – S. 5-16.
4. Myagkova O. I. Unfair contract terms in Russian civil law: dis. … cand. legal Sciences: 12.00.03. – M., 2019. – 224 p.
5. Explanatory note to the draft federal law “On Amendments to Article 16 of the Law of the Russian Federation “On Protection of Consumer Rights”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/1184356- 7 (accessed 08.09.2022).
6. Decision No. 2-1081/2020 2-143/2021 2-143/2021(2-1081/2020;)~M-1063/2020 M-1063/2020 dated March 11, 2021 in case No. 2-1081 /2020. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/pxYJYWBZTG5j/ (accessed 08.09.2022).
7. Rumyantsev S. Unfair conditions in banking agreements with consumers // Economy and law. -2014. – No. 1. – S. 70-85.
8. Fogelson Yu. B. Unfair (bad faith) terms of contracts // Economy and law. -2010. – No. 10. – S. 29-55.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
PURCHASE AND SALE OF CERTAIN TYPES OF REAL ESTATE: FEATURES AND REALIZATION
Real estate has been and remains one of the main material social benefits, constantly attracting attention, provoking subjects of civil law relations to take actions aimed at obtaining real estate in ownership. In our country, issues related to the purchase and sale of real estate do not lose their relevance. That is why the real estate market is so heavily filled with cash equivalents. The article discusses the features of the contract for the sale of certain types of real estate, analyzes the fundamental aspects of the implementation of the contract, reveals its significance in the conditions of modern legal reality. The importance of further use and development of the sphere of sale and purchase of real estate in the context of the dynamic growth of a market economy is being updated.
Keywords: real estate, sale and purchase, types of real estate, features of real estate, real estate market.
Reference bibliographic list
1. Wage M. B. Features of the emergence, change and termination of the contract for the sale of land // Bulletin of the Udmurt University. Series “Economics and Law”. – 2021. – T. 31. – S. 924-928.
2. Shalaykin R. N., Kravchenko E. V. Purchase and sale agreement of an enterprise // StudNet. – 2020. – No. 12. – P. 368-378.
CIVIL LAW
MAZANAEV Murad Shabanovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
OKUNEVA Alina Valerjevna
master student of the Institute of Law of the Dagestan State University
LEGAL REGULATION OF THE LOAN AGREEMENT
The relevance of the study is due to the fact that a loan is the most characteristic, universal credit obligation that determines the most important signs and forms of lending. Loan agreements, this type of transactions, which is massive, is more common in the household area, since it does not require an indispensable written conclusion on paper between citizens
Keywords: loan agreement, borrower, loan amount, debt, overdue repayment, written form, interest.
Reference bibliographic list
1. Alekseev S. S., Alekseeva O. G., Belyaev K. P. et al. Civil law: textbook: in 2 volumes / Ed. B. M. Gongalo. 3rd ed., revised. and additional – M.: Statute, 2018.
2. Ivanova E. V. Civil law. Special part. Textbook and workshop for open source software. – M.: Yurayt, 2019.
3. Fomicheva N. V., Strokova O. G. Civil law. A common part. Textbook and workshop for bachelor’s and specialist’s degree. – M.: Yurayt, 2019.
CIVIL LAW
GRISHIN Sergey Mikhaylovich
competitor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, Lawyer, Moscow Bar Association “Intellectual Solutions”
ODINTSOV Stanislav Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DIGITAL HEALTHCARE IN THE EUROPEAN UNION: REGULATION AND DEVELOPMENT TRENDS
The article analyzes the key directions of digital healthcare development in the European Union. Special attention is paid to the history of the formation of digital healthcare, reflected in the directives of the European Council and the European Parliament, as well as various specialized programs. The key problems in the European digital healthcare infrastructure have been identified and legal solutions have been proposed.
Keywords: digital healthcare, artificial intelligence, telehealth; mobile healthcare; electronic medical records.
Reference bibliographic list
1. Directive of the European Parliament and the Council of the European Union of 09.03.2011 No. 2011/24/EU “On the rights of patients in cross-border health care.”
2. Directive 2000/31/EC of the European Parliament and of the Council of the European Union on certain legal aspects of information services in the internal market, in particular on electronic commerce (the Electronic Commerce Directive) (Together with the “Exceptions to Article 3”) (Adopted in Luxembourg on 06/08/2000). – [Electronic resource]. – Access mode: http://www.eurasiancommission.org/ru/act/texnreg/depsanmer/consumer_rights/Documents.
3. Varyushin M. S. Legal regulation of telemedicine in Russia and the EU: two steps forward and one back // Law. – 2018. – No. 1. – P. 167.
4. Odintsov S. V., Stebletsov I. V. E-health – analysis of practice, regulation and principles of functioning. – 2020. – P. 98. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/348443605_Elektronnoe_zdravoohranenie_-_analiz_praktiki_reglamentacii_i_principov_funkcionirovania.
CIVIL LAW
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, L.L.m., associate professor of the Law School of the Far Eastern Federal University
KOZLOVA Olesya Evgenjevna
magister student of the 2nd course of the Law School of the Far Eastern Federal University
PRACTICAL ASPECTS OF CRYPTO ASSETS REGULATION IN THE RUSSIAN FEDERATION
In the second part of the study, the authors analyze judicial practice and scientific literature regarding the prospects for further testing of options for legal regulation of cryptocurrencies proposed by the Central Bank and the Ministry of Finance of the Russian Federation, which occupy opposite positions in terms of the legalization of digital assets in the territory of the Russian Federation. The article considers the approach to cryptocurrency as a means of investment, a tool of speculative trading, as well as the subject and method of committing a crime. Practice-oriented signs have been identified, on the basis of which conclusions are drawn about the risks and prospects of cryptocurrency legalization in the Russian Federation at the present stage. The authors also propose the most appropriate legal regime from the point of view of financial and economic stability of the state.
Keywords: digitalization, digital currency, crypto assets, digital economy, cryptocurrency, cryptocurrency legalization, legal regime of cryptocurrency, legal regulation of cryptocurrency.
Reference bibliographic list
1. Demina A. M., Levonyan L. A. Protection of rights on a crypto exchange: the experience of the Russian Federation and Japan // Entrepreneurial Law. Appendix “Law and Business”. – No. 1. SPS “ConsultantPlus”.
2. Rubtsova A. S. Cryptocurrencies: the subject and means of committing a crime // Bulletin of the University. O. E. Kutafina (MSUA). – 2018. – No. 12. – S. 172-181.
3. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2020. – T. 24. – No. 3. – S. 673-694.
4. Frolova E. E., Ermakova E. P., Protopopova O. V. Consumer protection of digital financial services in Russia and abroad //Advances in Intelligent Systems and Computing. – 2020. – T. 1100. – S. 76-87.
5. Frolova E. E., Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // Advances in Research on Russian Business and Management. – 2022. – T. 2022. – S. 309-322
6. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital rights as a new object of civil rights: issues of substantive and procedural law // Advances in Intelligent Systems and Computing. – 2020. – T. 1100. – S. 665-673.
CIVIL LAW
OMAEVA Zarema Kurbanovna
magister student of the 3rd course of the Dagestan State University
THE CONCEPT AND FORMS OF PROTECTION OF HEREDITARY RIGHTS
In this article, the author reveals the problems of protecting inheritance rights, provides statistical data and suggests ways to solve these problems at the present stage. The features of the application of methods of protection of hereditary rights are considered. These methods of protection are implemented in protective civil relations.
Keywords: protection of the right, certificate of inheritance, objective and subjective factor, unworthy heir.
Reference bibliographic list
1. Krasheninnikov E. A. The right to protection // Methodological issues of the theory of legal relations. Abstracts of the IV regional scientific-practical conference of young scientists and specialists February 5–8, 1986 / Ed. for issue: Krasheninnikov E. A. – Yaroslavl: Publishing House of Yaroslavl. un-ta, 1986. – S. 8.
2. Gribanov V. P. Implementation and protection of civil rights. – M., “Statut”, 2000. – S. 106-108 (Classics of Russian civil law).
3. Yurchenko O. O. The right to protection and ways to protect legally protected interests in civil law. – Tver: Publisher: Tver. state un-t, 2004. – p. 35
4. Stoyakin G. Ya. Protection of the absolute subjective civil law // Civil law protection of the interests of the individual in the USSR. Interuniversity collection of scientific papers. – Sverdlovsk: Sverdl Publishing House. legal in-ta, 1977. – Issue. 53. – S. 60-67.
5. Tuntaev R. I. The system of measures to protect intellectual property rights: a general theoretical aspect // Abstract of the thesis. dis. … cand. legal Sciences. [Electronic resource]. – Access mode: http://www.dslib.net/teoria-prava/sistema-mer-zawity-prava-intellektualnoj-sobstvennosti-obweteoreticheskij-aspekt.html (Accessed: 12/20/2021).
6. Ostapyuk N. Limits of implementation and notarial protection of the hereditary rights of citizens // Civil law. – M.: Lawyer, 2006. – No. 1. – S. 20-30.
7. Zhuravleva A. A. Notarial protection of inheritance rights // Inheritance and family law: theory and law enforcement practice. Materials of the international scientific-practical conference. – Stavropol, 2015. – P. 158. – ISBN: 978-5-9296-0747-9.
CIVIL LAW
NIKITINA Anna Vasiljevna
Ph.D., associate professor, professor of Civil law sub-faculty of the Far-East branch of the Russian State University of Justice
KALENOV Sergey Evgenjevich
Ph.D. in Law, associate professor, associate professor of Public and private law sub-faculty of the Far-East Institute of Management of the RANEPA under the President of the Russian Federation
FEDERAL TERRITORY AS A SUBJECT OF CIVIL LAW: PROBLEMS OF LEGAL REGULATION
The article analyzes the current provisions of legislation regulating the civil status of the federal territory “Sirius”. The authors have identified common features and peculiarities of the federal territory in comparison with other public legal entities – subjects of civil law, as well as contradictions and gaps in civil legislation regulating the participation of the federal territory in civil turnover.
Keywords: civil legislation, public legal entities, federal territory “Sirius”, federal property, municipal property, subject of civil law.
Reference bibliographic list
1. Khadikov A. K., Novikov A. V., Slabkaya D. N. Federal territory “Sirius”. Legal structure of public law education // Theories and problems of political research. – 2020. – T. 9. – No. 6A. – S. 43-50.
2. Vinogradov VV Federal territory as a fundamentally new type of organization of public authority in the Russian Federation // Constitutional and municipal law. – 2022. – No. 1. – P. 38-39.
3. Kozhevnikov OA Debatable issues of the implementation of local self-government in the federal territory // Problems and prospects for the development of local self-government in the Russian Federation and foreign countries: a collection of materials of the All-Russian Conference with international participation. – M.: RUDN, 2021. – S. 55-63.
4. Boguslavskaya N. A. The financial basis of the federal territory “Sirius” // Eurasian legal journal. – 2022. – No. 2. – P. 237-239.
5. Kolesnikov A. V. Eclectic management of the federal territory “Sirius”: public authorities, government positions, municipal property and taxes // Municipal property: economics, law, management. – 2021. – No. 4. – Art. 27-31.
CIVIL LAW
SHAPOVAL Olga Vyacheslavovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Kuban State University
MKRTCHYAN Alina Levovna
magister student of the Master’s degree program “Civil Law” of the Kuban State University
ON THE QUESTION OF THE CONCEPT AND FEATURES OF THE LEGAL REGIME OF A LINEAR OBJECT IN THE RUSSIAN FEDERATION
The article discusses practical and theoretical problems associated with the lack of a unified concept of a linear object in the legislation of the Russian Federation. The analysis of various industry regulations regulating the legal regime of linear objects is carried out. The gaps in legislation and conflicts of court decisions on the issues of legal regulation of the creation and functioning of linear objects are considered and identified.
Keywords: real estate, linear object, land plots, legal regime.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
PROBLEMS OF DIGITALIZATION OF THE TRANSPORT INDUSTRY IN RUSSIA
The article considers the transport industry as a platform for the development and application of initiatives for the digitalization of this industry. Traffic quality control, traffic flow regulation, monitoring and predictive maintenance, as well as the establishment of the need for repairs, the introduction of mobile road services and passenger customer service today is the main goal of digitalization of this industry. However, the existing problems of introducing innovations, the settlement of which must necessarily take place in accordance with the norms of legislation, issues of financing and development of road transport not only in central Russia, but also in other cities require constant monitoring and development.
keywords: civil legislation, digital technologies, development of the transport industry, transport control, regulatory regulation.
Reference bibliographic list
1. Makhiboroda M., Ananyeva E., Doucek I. P. Changes in transport activity regulation in the context of the coronavirus pandemic // In the collection: E3S Web of Conferences. Ser. “International Scientific and Practical Conference “Development of the Agro-industrial Complex in the Context of Robotization and Digitalization of Production in Russia and Abroad”, DAIC 2020″ 2020. – P. 5006.
2. Ananyeva E. Yu. Big data for transport analytics // International forum KAZAN DIGITAL WEEK – 2020. – P. 170-177.
3. Ministry of Transport SCT. SES. Extended Passport. – [Electronic resource]. – Access mode: file:///C:/Users/Admin/Downloads/Mintrans%20SCT.%20SES.%20Extended%20passport (date of access: 09/15/2022).
4. How intelligent transport systems will change Russian cities / RBC Trends. – [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/innovation/cmrm/61ade61e9a794742054cb6d1 (date of access: 09/15/2022).
5. Ananyeva E. O., Shmaeva T. A. Man – society – state: issues of mandatory digitalization of civil society // Theory of State and Law. – 2022. – No. 1 (26). – S. 11-21.
CIVIL LAW
ASKERLY Davud Zahid Ogly
magister student of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
SOTNIKOV Denis Sergeevich
magister student of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MENSHIKOV Pavel Valentinovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
RECOGNITION OF OWNERSHIP RIGHT TO AUTHORIZED CONSTRUCTION
The article discusses the features of acquiring the right of ownership to an unauthorized construction, as well as highlights the legal aspects and the basis of such an acquisition. As a result of the study, the features of acquiring ownership of unauthorized construction were considered and highlighted, and their status was determined from the point of view of assessment and land legislation.
Keywords: law; own; ownership; real estate; property; arbitrary building.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with changes approved during the nationwide vote on 07/01/2020) // Rossiyskaya Gazeta. – 2020. – No. 144 (8198).
2. Urban Planning Code of the Russian Federation No. 190-FZ dated December 29, 2004 (as amended on July 14, 2022) (as amended and supplemented, effective from September 1, 2022) // Collected Legislation of the Russian Federation. – 2022. – No. 38. – Art. 6431.
3. Civil Code of the Russian Federation: Federal Law of November 30, 1994 No. 51-FZ: official. text as of 12/08/2020 // Collection of Legislation of the Russian Federation. – 2020. – No. 50. – Art. 8129.
4. Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended on July 14, 2022) (as amended and supplemented, effective from October 13, 2022) // Collected Legislation of the Russian Federation. – 2022. – No. 44. – Art. 7489.
5. Overview of judicial practice in cases related to unauthorized construction (approved by the Presidium of the Supreme Court of the Russian Federation on March 19, 2014) // Bulletin of the Supreme Court of the Russian Federation. – 2014. – No. 68.
6. Alekseeva E. N. Unauthorized building erected on a disputed land plot // State and prospects for the development of the state and society in the context of modernization: a dialogue between science and practice Collection of materials of the International Scientific and Practical Conference. – 2015. – S. 16-18.
7. Izvestkina K. S. Topical issues that arise in practice when recognizing the right of ownership of an unauthorized building // Bulletin of the Magistracy. – 2019. – No. 2 (17). – S. 93-96.
8. Kobylinskiy N. D. Unauthorized construction in the system of objects of civil legal relations // Actual problems of modern private law Collection of scientific and practical articles of the All-Russian scientific and practical student conference. – 2016. – S. 301-304.
9. Motlokhova E. A. Features of the legal regime of unauthorized buildings in Russian civil law // Property relations in the Russian Federation. – 2015. – No. 10 (169). – S. 25-33.
10. Rubantsova T. A. Problems of the demolition of unauthorized buildings and ways to protect the rights violated by the construction of unauthorized buildings in the Russian Federation // Legal sciences: problems and prospects Proceedings of the IV International Scientific Conference. – 2016. – S. 136-139.
11. Sidorova VN On the issue of unauthorized construction in Russian law // Private and public in real law collection of articles based on the materials of the international scientific and practical conference. – 2016. – S. 183-189.
12. Turlyuk V. M. Controversial moments of recognition of the right of ownership to unauthorized construction // Judicial practice in Western Siberia. – 2020. – T. 2. – S. 58-66.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 1st course of the Institute of Law of the Tomsk State University
INVALIDITY OF A TRANSACTION MADE FOR A PURPOSE CONTRARY TO THE RULE OF LAW OR MORALITY
Since the appearance of Article 169 of the Civil Code, it has in fact been blocked for many years due to the fact that the consequences of invalidating an anti-social transaction included the seizure of everything received or read into the possession of the state. This deprive Article 169 of the Civil Code of the Russian Federation of the development that law enforcement might have caused. In 2013, the rule of Article 169 of the Civil Code was amended and there was a need for doctrinal development and judicial clarification of the rule of Article 169 of the Civil Code in order to bring it into active use. In this connection, the question of the relevance of transactions made for purposes contrary to the rule of law or morality is relevant, since domestic law has not yet come to a definitive and unified approach to the understanding of such transactions, and judicial explanations partly repeat outdated provisions which cannot currently be applied to the rule of Article 169 of the Civil Code.
Keywords: antisocial transaction, invalid transaction, morality and the rule of law.
Reference bibliographic list
1. Wagatsuma S., Ariizum T. Civil law of Japan. K. 1. / Per. V. V. Baturenko / Ed. R. O. Khalfin. Moscow: Progress, 1983.
2. Kantorovich Ya. A. Basic ideas of civil law. Kharkov: Legal publishing house of the NKJU of the Ukrainian SSR, 1928.
3. Kohler J., Berngeft F. German civil law / Per. ed. V. M. Nechaev. St. Petersburg: Senate Printing House, 1910.
4. Morandier L. Zh. Civil law of France / Per. E. A. Fleishits. M.: Publishing house of foreign literature, 1958.
5. Pokrovsky I. A. Main problems of civil law. Petrograd: Legal book warehouse right, 1917.
6. Savate R. Theory of obligations: Legal and economic essay / Per. R. O. Khalfin. Moscow: Progress, 1972.
7. Transactions, representation, limitation period: article-by-article commentary on articles 153-208 of the Civil Code of the Russian Federation / Otv. ed. A. G. Karapetov. M.: M-Logos, 2018.
8. Zweigert K., Kötz H. Introduction to comparative law in the field of private law. T. 2. Contract, unjust enrichment, tort / Per. Yu. M. Yumashev. Moscow: International relations, 1998.
9. Schapp J. The system of German civil law / Per. S. V. Korolev, K. M. Arslanov. Moscow: International relations, 2006.
10. Enneccerus L. The course of German civil law. T. 1. Paul. T. 2. Introduction and general part / Per. I. B. Novitsky, G. N. Polyansky, V. A. Altshuler. Moscow: Publishing house of foreign literature, 1950.
11. Erlich O. Fundamentals of the sociology of law / Per. M. V. Antonova / Ed. V. G. Grafsky, Yu. I. Grevtsov. St. Petersburg: University Publishing Consortium, 2011.
CIVIL LAW
OMAEVA Zarema Kurbanovna
magister student of the 3rd course of the Dagestan State University
NOTARIZATION OF A WILL AND CONTRACTS EQUATED TO IT AS A MEANS OF PROTECTING INHERITANCE RIGHTS
In the article, the author explores topical issues of notarial activity in the field of protection of the right of inheritance of certain types of property, the rules of freedom of will, as well as types of testamentary dispositions. It is concluded that the current civil legislation enshrines the principle of universality of succession (Article 1110 of the Civil Code of the Russian Federation), according to which the property passes as a whole at the same moment. This means that the rights and obligations are transferred to the heir at the same time. The most important is the principle of freedom of will, enshrined in Article 1119 of the Civil Code of the Russian Federation, it implies that the testator makes independent decisions on the disposal of property.
Keywords: the certificate of the will, the identity of the testator, the legal capacity of the testator, the inheritance contract, the joint will of the spouses.
Reference bibliographic list
1. Kazantseva A. E. The theory of hereditary and related legal relations in the civil law of the Russian Federation: monograph. – Barnaul, 2011. – S. 18. – ISBN: 978-5-93957-450-1.
2. Pandects: General part. Translation from German. T. 1 / Dernburg G.; Ed.: Sokolovsky P.; Transl.: Von Rechenberg G. – M.: Univ. type., 1906. – 481 p.
3. Krysanova-Kirsanova I. G. Testament as the basis of inheritance in the modern civil legislation of the Russian Federation: dis. … cand. legal Sciences. – M., 2005. – S. 35
4. Makovsky A. L. How best to guarantee inheritance (norms of inheritance law in the draft Part Three of the Civil Code of the Russian Federation) // Legislation and Economics. – 1997. – No. 3-4. – S. 145-146.
5. Telyukina M. V. Commentary on Section V of the Civil Code of the Russian Federation (“Inheritance Law”) // Legislation and Economics. – M., 2002. – No. 11. – S. 4-16.
6. Konoplyannikova T. V., Shagivaleeva I. Z. Notarization of the inheritance contract as a guarantee of protection of civil rights: problematic issues // Business. Education. Right. – 2022. – No. 2 (59). – P. 150. DOI: 10.25683/VOLBI.2022.59.214.
7. Konoplyannikova T.V., Shagivaleeva I.Z. Notarization of the inheritance contract as a guarantee of protection of civil rights: problematic issues // Business. Education. Right. – 2022. – No. 2 (59). – P. 153. DOI: 10.25683/VOLBI.2022.59.214.
8. Kropocheva Yu. G. Citizens as authorized subjects of hereditary legal relations: Abstract of the thesis. dis. … cand. legal Sciences. – Tomsk, 2013. – S. 14.
9. Dolinskaya VV Inheritance law of the Russian Federation. – M.: Prior, 2002. – S. 25.
10. Ataev U. A. Conditional wills and their inadmissibility in Russian inheritance law // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. – 2013. – No. 4-2. – S. 21.
CIVIL LAW
BASHILOV Boris Igorevich
Ph.D. in Law, senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, senior partner of the law firm “Bashilov, Noskov and Partners”
OLEYNIK Anton Denisovich
student of the Institute of Law of the Peoples’ Friendship University of Russia
GENERAL QUESTIONS OF CHALLENGING SUSPICIOUS TRANSACTIONS IN BANKRUPTCY PROCEEDINGS
In the article the authors analyze the legislative provisions, scientific works related to the legal regulation of contesting transactions, in particular suspicious transactions, identify general tendencies related to the challenge of transactions on the basis of enforcement positions of judicial authorities.
Keywords: bankruptcy, challenging debtor’s transactions, suspicious transactions, court proceedings, arbitration process.
Reference bibliographic list
1. Bashilov B. I., Oleinik A. D. On the peculiarities of proving the inequivalence of counter execution when challenging transactions in the bankruptcy procedure // Eurasian Law Journal. – 2022. – No. 9. – S. 164-166.
2. Gorev S. V., Kutuzova A. S. Practical tools for assessing the cost of art objects. Series: Economics, finance and production management. 2-021. – No. 1 (47). – S. 6-13.
3. Novotolskaya O. S. Controversial issues of law enforcement practice in challenging the debtor’s transactions with unequal counter performance // State and Law. Jurisprudence / Financial law. – 2019. – S. 71-75.
4. Odintsov SV Challenging the debtor’s transactions: comparative legal aspects, doctrinal interpretation and law enforcement practice // Property relations in the Russian Federation. – 2013. – No. 12 (147). – S. 49-57.
5. Panchenko P. V., Frolova E. E. Implementation of the principle of assistance of the parties upon termination of the obligation and after termination // Gaps in Russian legislation. 2018. – No. 4. – S. 136-142.
6. Strekalovsky A. A. Determination of inequivalence in challenging the transactions of a bankrupt debtor in Russian legislation. Vestnik nauki. 2022. – No. 2 (47). – T.3. – S. 51-54.
CIVIL LAW
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
DIGITAL TRANSFORMATION OF WAYS OF NOTIFYING PARTICIPANTS OF THE PROCESS IN CIVIL PROCEEDINGS: CURRENT STATUS AND PROSPECTS
Digital technologies, as they develop, are increasingly being introduced into various spheres of society: the development of technologies improves the quality of life of both individuals and society as a whole. Modern technologies open up new horizons for improving mechanisms for ensuring the rights and freedoms of citizens, including in terms of their protection in court.
Due notice is an integral element of the right to a fair trial, enshrined in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The act of attracting a person to participate in court proceedings is the proper notification of this person about the time and place of the court session or the commission of other procedural actions. The current legal regulation imposes the obligation to send court notices to all participants in the trial on the court.
Proper notification of the participant of the process about the time and place of the court session plays a special role in the consideration of the case, since it is a necessary condition for ensuring the right to a fair trial. Improper notification deprives the parties of the guaranteed right to access to justice, which, in turn, is a significant violation of the norms of procedural law, and, of course, entails the cancellation of the court decision.
The importance of issues of proper notification of persons involved in the case predetermines the problems of methods of its notification, which are constantly being improved due to the development of information technologies. The addition of the existing procedural mechanism with new notification methods, including electronic ones, is designed to simplify the procedure for notifying participants in the process, as well as to guarantee its proper execution. Moreover, electronic notification methods, when compared with traditional notification methods, have a number of advantages, such as efficiency, cost-effectiveness and convenience. Meanwhile, there is a question of defining the boundaries of their application in the framework of legal proceedings.
Keywords: digital transformation, digitalization, law, technologies, digital technologies, notification, civil procedure.
Reference bibliographic list
1. Eliseev N. G. Notification of the defendant who is abroad // Law. – 2016. – No. 6. – P. 121-137.
2. Popova N. I. Actual problems of proper notification of participants in the arbitration process // Arbitration and civil process. – 2022. – No. 2. – P. 11-15.
3. Ivanov S. D. Improper notification of the party against which the redecision of the arbitration court: a review of the practice of arbitration courts of districts // Bulletin of economic justice of the Russian Federation. – 2019. – No. 4. – P. 181-189.
4. Afanasiev S. F., Zhirnova N. A., Filimonova M. V. Information and legal component of SMS notification of participants in civil proceedings // Court Administrator. – 2018. – No. 3. – P. 3-6.
5. Ermakova E. P., Frolova E. E. Using artificial intelligence in dispute resolution // Smart Innovation, Systems and Technologies. – 2022. – T. 254. – S. 131-142
6. Rusakova E. P., Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in Research on Russian Business and Management. – 2022. – T. 2022. – S. 191-198.
CIVIL LAW
PROSKURINA Daria Sergeevna
magister student of the Institute of Law of the Peoples’ Friendship University of Russia, laboratory assistant-researcher of Civil law and process and international private law of the Peoples’ Friendship University of Russia
LEGAL PROTECTION OF THE EXCLUSIVE RIGHT TO A TRADEMARK IN CONTEXTUAL ADVERTISING: THE CHALLENGES OF THE DIGITAL AGE
In the conditions of constantly growing competition and the development of a market economy, as a rule, there are a considerable number of economic entities on the commodity market who are not afraid to resort to illegal methods of using other people’s trademarks and the implementation of unfair competition. Due to the active introduction of digitalization into all market processes, the digital environment has become one of the convenient “guides” for such offenses. Often unscrupulous entrepreneurs intentionally use other people’s trademarks as keywords in search engines in order to use someone else’s business reputation to attract customers. The practice of considering such disputes about the protection of the exclusive right to a trademark in case of its illegal use in contextual advertising is rather ambiguous and has not been formed properly. In most cases, copyright holders find themselves in a losing situation, and unscrupulous market actors remain unpunished.
Keywords: trademark, exclusive right, contextual advertising, keywords, unfair competition.
Reference bibliographic list
1. Morgunova E. Information mediator in civil disputes about copyright protection // IS. Copyright and related rights. – 2016. – No. 1. – S. 5-12.
CIVIL LAW
Mikhail Nikolaevich KUZNETSOV
Ph.D. in Law, professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CHAN Thi Thu Zung
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DINH Thi Mi Lin
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
SOME ASPECTS OF ENVIRONMENTAL DISPUTE SETTLEMENT IN VIETNAM**
The article discusses the current issues of environmental dispute settlement within the Vietnamese legal framework and points out the superiority of arbitration over other forms of dispute resolution for environmental disputes. The aim of the study is to comprehensively analyze the applicability of arbitration to environmental dispute resolution. The research work uses synthetic scientific research methods and methods of analysis, abstraction, induction, deduction, logic and legal comparison. The authors come to the conclusion that, in general, the addition of arbitration to settle environmental disputes in the Law on Environmental Protection of Vietnam 2020 is appropriate in the context of international integration.
Keywords: arbitration, environmental arbitration, compensation for environmental damage, environmental disputes, environmental pollution.
Reference bibliographic list
1. Nguyen Trung Thang, Hoang Hong Khan, Duong Thi Phuong Anh. Research and propose a mechanism for resolving environmental disputes out of court in Vietnam // Ecological Journal. – 2015. – No. 6.
2. Asian Foundation and Institute for Natural Resources and Environment Strategy and Policy. Guidelines for resolving environmental disputes through mediation. – Hanoi, 2015. – P. 11.
3. Dao Duc Han, Trinh Tuan An. Resolution of environmental disputes through mediation: The current state of the application of legislation and recommendations for its improvement // Vietnamese magazine Laywer. – Hanoi, 2021.
4. Rusakova E. P. Some issues of resolving financial disputes by arbitration centers in the Socialist Republic of Vietnam // Eurasian Law Journal. – 2019. – No. 8 (135). – S. 29-32. – EDN MLIHUO.
5. Rusakova E. P. Legal basis of civil proceedings of the socialist Republic of Vietnam
// Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2019. – T. 23. – No. 4. – S. 586-601. – DOI 10.22363/2313-2337-2019-23-4-586-601. – EDN WHHMPU.
6. Tran Minh Nguyet, Quyen Dyin ha. The ability of local environmental police officers to resolve environmental disputes is an example from Hanoi. // Vietnam Journal of Agricultural Sciences. – Hanoi, 2016. – No. 14 (2). – S. 220-228.
7. Lauren Sun. Which is better: arbitration in Vietnam or arbitration abroad? – Lexology, 2020.
8. Dudin M. N., Frolova E. E., Artemeva Yu. A. [et al.]. Business Entities within the Agro-Industrial Sector and Present-Day Trends in “Green” Logistics in a Climate of Transformation of the World Economy / M. N. Dudin, E.
E. Frolova, Yu. A. Artemeva [et al.] // International Journal of Economic Research. – 2016. – Vol. 13. – No. 6. – P. 2379-2390. – EDN URHXZU.
9. Frolova E. E. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects / E. E. Frolova, E. P. Rusakova // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap: Institute of Scientific Communications Conference. Vol. 198. – Cham: Springer Nature, 2021. – P. 1842-1849. – DOI 10.1007/978-3-030-69415-9_203. – EDN ECWPXH.
CIVIL PROCESS
NEVEROV Vitaliy Ivanovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Samara Law Institute of the FPS of Russia
ACTUAL PROBLEMS OF THE PROSECUTOR’S PARTICIPATION IN THE CIVIL PROCESS
The presented scientific article is dedicated to topical issues of domestic civil procedure. The participation of the prosecutor in the civil process is predetermined by the need to protect the interests of an indefinite wide range of the population, the interests of society and the state, as well as a separate category of persons who cannot fully exercise their procedural rights due to age, health status or other circumstances. Taking into account the increasing economic processes in society, the role of civil law regulation is also increasing. consequently, the participation of the prosecutor as a procedural figure in the civil law sphere increases. However, in this regard, gaps are identified that are associated with the lag of legislation from changes in the economy, social sphere, technology, from the increasing number of civil processes in general, from the need for state participation in broader civil law disputes.
Keywords: civil procedure, participation of the prosecutor, the prosecutor as a participant in the civil process.
Reference bibliographic list
1. Afanasiev S. F., Borisova V. F. Some problems of the participation of the prosecutor in civil proceedings in order to protect the rights and legitimate interests of others // Laws of Russia: experience, analysis, practice. – 2012. – No. 9. – S. 46-47.
2. Sergienko A. A. Participation of the prosecutor in the consideration of civil cases by courts of general jurisdiction: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2005. – S. 11.
3. Tarabrin DV Participation of the prosecutor in civil proceedings // Russian justice. – 2017. – No. 2. – S. 54-55.
4. Filipenko S. V. Problems of preparation and implementation of the protest of the prosecutor in the implementation of supervision over the execution of laws // Russian Journal of Law. – 2014. – No. 3. – S. 128-133.
5. Yaroshenko T. V. Topical issues of the participation of the prosecutor in the civil process // Bulletin of the Baltic Federal University. I. Kant. Series: Humanities and social sciences. – 2008. – No. 9. – S. 47-54.
CIVIL PROCESS
SAKHRATULAEVA Madina Magomedovna
magister student of the Institute Law of Law of the Dagestan State University
PROCEDURAL FEATURES OF CONSIDERATION OF CLASS ACTIONS IN CIVIL PROCEEDINGS
The article discusses modern aspects of the consideration of class actions in civil proceedings. The historical and theoretical aspects of the application of class actions in modern Russian civil proceedings are studied. The problems and modern directions of development and modernization of procedural features of consideration of class actions in civil proceedings are being investigated. The main concepts, definitions and significance of class actions in civil proceedings are highlighted. It is concluded that in order to improve the mechanism for considering class actions in the Russian Federation, it is necessary to work out the rules on the jurisdiction of collective claims, change the procedure for rejecting a claim by a plaintiff representative and regulate the procedure for replacing a plaintiff representative in the Civil Procedure Code of the Russian Federation, which will allow this mechanism to work more effectively.
Keywords: lawsuit, civil process, class action, uniformity of claims, procedural status, quantitative criterion, jurisdiction, representative, group proceedings.
Reference bibliographic list
1. Alpimova A. M. Problems of applying the institute of a class action in civil proceedings // Youth – Barnaul: Proceedings of the XXIII City Scientific and Practical Conference of Young Scientists, Barnaul, November 01–30, 2021 / Ch. editor V. V. Gudkov. – Barnaul: Altai State University, 2022. – P. 1047-1048.
2. Dolganichev V. V. Class action: a comparative analysis of regulatory structuresii APC, CPC and CAS RF // Law. – 2021. – No. 2. – P. 36-45.
3. Krivova T. A. Class actions and their features in civil proceedings // Forum of Young Scientists. – 2021. – No. 1 (53). – S. 156-159.
4. Kulakova E. A. Conclusion of a settlement agreement on class actions in civil proceedings: in search of a balance of interests // Russian law online. – 2022. – No. 1. – P. 76-84.
5. Shuvalov R. R. Class action in civil proceedings: legal basis and judicial practice // Jurisprudence, state and law: current issues and modern aspects: collection of articles of the VII International scientific and practical conference, Penza, November 25, 2021. – Penza: Science and Education (IP Gulyaev G.Yu.), 2021. – P. 233-240.
6. Yarkov VV Class actions in civil proceedings: issues of law enforcement // Bulletin of the civil process. – 2021. – T. 11. – No. 5. – S. 86-106.
HOUSING LAW
YAROVOY Alexander Valerjevich
Ph.D. in Law, associate professor, Dean of the Faculty of Professional Retraining and Professional Development of the Irkutsk Law Institute (branch) of the University of the Prosecutor Office of the Russian Federation
RENTING A DWELLING: THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT OF CITIZENS TO HOUSING
The article discusses approaches to understanding the constitutional meaning of the concept of “dwelling” and its difference from the concept of “dwelling”. The analysis of the content of the constitutional right to housing is carried out the duties of public legal entities are disclosed. The criteria for distinguishing housing as an object of housing and civil relations are proposed. Practical conclusions are made about the possibility of transferring state and municipal residential premises under a commercial lease agreement.
Keywords: housing, housing, constitution, public duty, social benefit, right to housing.
Reference bibliographic list
1. Krasavchikova L. O. Personal life of citizens under the protection of the law. – M., 1983.
2. Kunitsina S. Housing funds, pressing problems / EZh-Lawyer. – 2012. – No. 40.
3. Kutafin O. E. Immunity in the constitutional law of the Russian Federation. – M., 2004.
4. Litovkin V. N. The constitutional right of Russian citizens to housing // Topical issues of Russian private law: Collection of articles dedicated to the 80th anniversary of the birth of Professor V. A. Dozortsev. – M., 2008.
FAMILY LAW
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
CHIGRINA Elena Vladimirovich
Ph.D. in economical sciences, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
SURROGATE MOTHER AS A SUBJECT OF LEGAL RELATIONS OF SURROGATE MOTHERHOOD
The article deals with issues related to the provision of surrogacy services from the perspective of the peculiarities of the legal relations arising in this case and the status of a surrogate mother. The requirements for a surrogate mother are analyzed, the risks for a woman who has expressed consent to the implantation of an embryo and carrying a child are noted. It is concluded that the legal regulation of the status of all participants in legal relations related to the realization of the right to surrogate motherhood is mandatory for the rule of law, and control over the surrogate motherhood program will avoid abuse of this right. Suggestions are made regarding the improvement of the legal status of a surrogate mother.
Keywords: family law, legal relations, surrogate motherhood, legal status of a surrogate mother.
Reference bibliographic list
1. Bimbaeva O. L. On the issue of the concept of adoption // Proceedings of the Irkutsk State Economic Academy (Baikal State University of Economics and Law). 2013. No. 5.
2. Dovnar A. N. Rights and obligations of a surrogate mother // Via scientiarum. The road of knowledge. 2017. No. 1.
3. Shabanova AS Ensuring the rights of women in the application of surrogate motherhood // Law and State: Theory and Practice. 2020. No. 7 (187).
4. Mandzhieva D.S. IVF as a medical service // International Student Scientific Bulletin. 2016. No. 6. P. 37.
5. Stepanova M. N. Health as a category of insurance business // Baikal Research Journal. 2019. Vol. 10. No. 3.
6. On the fundamentals of protecting the health of citizens in the Russian Federation (as amended and supplemented, entered into force on September 1, 2022): Federal Law of November 21, 2011 No. 323-FZ (as amended on June 11, 2022, as amended on 07/13/2022) // Rossiyskaya Gazeta. 2011. No. 263
7. Sarina K. S. Jurisdictional form of protection of the rights and interests of family members // Baikal Research Journal. 2015. Vol. 6. No. 6.
FAMILY LAW
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
CHIGRINA Elena Vladimirovna
Ph.D. in economical sciences, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
NEGATIVE SOCIAL AND LEGAL ASPECTS OF “DE FACTO MARRIAGE”
The article is devoted to the consideration of some negative aspects of the actual marital relations, the main of which is the legal insecurity of a woman. It is indicated that in our society, people who are officially married have a higher status and are more respected by people around them than people who are actually married. In contrast to the opinion of scientists who consider it necessary to change the status of an actual marriage from a purely social to a legal one, the authors conclude that at the present stage of Russian reality, legislation should not regulate actual marital relations, since this phenomenon cannot be regulated by law, because it initially ignores it.
Keywords: family law, family, marriage, actual marriage, legal relations.
Reference bibliographic list
1. Sayapina T. S. The essence of civil marriage in culture // Analytics of Culturology. – 2013. – No. 2 (26). – S. 117-121.
2. Dontsov D. A., Dontsova M. V. Fundamental functions of the family and features of family psychological counseling // Scientific research and education. – 2009. – No. 8. – S. 16-21.
3. Sarina K. S. Jurisdictional form of protection of the rights and interests of family members // Baikal Research Journal. – 2015. – V. 6, No. 6.
4. Tolstikova O. M., Kostyunina O. V. On the application of civil law to the property relations of spouses by analogy // Academic legal journal. -2022. – T. 23. No. 1. – S. 71-77.
5. Aslanyan N. P., Grigoryeva M. A. Several remarks to the discussion about the concept of legal relationship // Proceedings of the Irkutsk State Economic Academy. – 2015. – T. 25. No. 6. – S. 1091-1097.
6. Danilin V. I., Reutov S. I. Legal facts in Soviet family law – Sverdlovsk, 1989. – P. 83-95.
LABOR LAW
MAGOMEDOV Abdulkhalik Mukhtarovich
magister student of Civil law sub-faculty of the Dagestan State University
MAGOMEDOVA Aminat Gennadjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Dagestan State University
ACTUAL PROBLEMS OF SPECIAL DISCIPLINARY RESPONSIBILITY OF EMPLOYEES
This article deals with the problems of special disciplinary responsibility. The specific features of special disciplinary responsibility, delimiting it from general responsibility, are established. The analysis of labor legislation, as well as other legislation containing norms of special disciplinary responsibility, is carried out on the example of prosecutors, judges and athletes. Attention is drawn to the existing gaps in the legal regulation of special disciplinary responsibility. Judicial practice is given. It is concluded that it is necessary to improve legislation in this area.
Keywords: special disciplinary responsibility, employees of the prosecutor’s office, athletes, labor activity, judges.
Reference bibliographic list
1. Yakhina M. R. Special disciplinary responsibility: problems of modern legal regulation // Law. Journal of the Higher School of Economics. 2015. No. 2. S. 92-102.
2. Ushakov VN Special disciplinary responsibility: features of law enforcement // Bulletin of scientific thought. 2021. No. 4. P. 100-105.
3. Larkova OA Topical issues of special disciplinary responsibility of a judge as a bearer of judicial power // Issues of productive interaction in the process of knowledge exchange: a collection of scientific papers. Kazan, 2021, pp. 34-37.
4. Ryumin A. R. On the issue of special disciplinary responsibility of athletes // Colloquium-Journal. 2019. No. 10-10 (34). pp. 82-83.
5. Geikhman VL Dmitrieva IK Labor law: a textbook for universities. 2nd ed., revised. and additional Moscow: Yurayt, 2021.
6. Dzhemakulova A. A. Special disciplinary responsibility: problems of modern legal regulation // Innovations. The science. Education. 2020. No. 21. P. 143-146.
7. Sorokoletova M. A., Pantyukhina E. A. The concept, signs and features of the application of special disciplinary responsibility // Trends in the development of science and education. 2022. No. 86-7. pp. 140-143.
8. Elansky M. M. On the issue of the concept and types of disciplinary responsibility // Synergy of Sciences. 2020. No. 44. P. 361-367.
LABOR LAW
SARANKINA Yuliya Alexandrovna
Deputy Head of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE ROLE OF THE TRADE UNION IN THE PROTECTION OF WORKERS’ LABOR RIGHTS: HISTORY AND MODERNITY
The article is devoted to the analysis of topical issues in the field of legal regulation and the practice of providing parental leave in accordance with the labor legislation of the Russian Federation, as well as the features and limitations in the provision of parental leave to certain categories of employees (employees of the internal affairs bodies, military personnel).
Keywords: parental leave, fulfillment of official duties beyond the norm, balance of official time and rest time, rationing in official activity.
Reference bibliographic list
1. Kadeikin V. A. History of trade unions in Russia: stages, events, people. – M.: Academy of Labor and Social. relations, 1999. – 156 p.
FINANCIAL RIGHT
BOGUSLAVSKAYA Natalya Aronovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice
GOALS AND PRINCIPLES OF PROVIDING STATE LOANS BY THE RUSSIAN FEDERATION: SEPARATE ASPECTS OF LEGAL REGULATION
In the article, the author considers the role of the Russian Federation as a creditor in relations for the provision of public loans, reveals the goals and principles of the provision of public loans by the Russian Federation based on the analysis of regulatory legal acts, gives the author’s classification of the goals and principles of public credit, suggests directions for improving legislation within the framework of these relations.
Keywords: creditor, debtor, public credit, goals and principles of public credit, debt obligations.
Reference bibliographic list
1. Tsaregradskaya Yu. K. Legal regulation of the state debt of Russia as an institution in the system of financial law: Avtoref. dis. … for the competition. scientist step. doc. legal Sciences. – M., 2016. – 49 p.
2. Dolgodvorova K. V. Public debt in the Russian Federation and its role at the present stage / K. V. Dolgodvorova, E. G. Shakirova, K. A. Semenova // Young scientist. – 2017. – No. 14 (148). – S. 356-358.
3. Baranova Yu. K. Legal basis for the functioning of the state credit // Socio-economic phenomena and processes. – 2019. – T. 14. – No. 105. – S. 119-123.
4. Lozhechko AS State credits of the Russian Federation: problems of theory and practice // Finance and credit. – 2018. – T. 24. – Issue. 9. – C. 522-536.
FINANCIAL RIGHT
EREMEEV Denis Viktorovich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
IMPROVING THE LEGAL REGULATION OF INVESTMENT ACTIVITIES OF CERTAIN CATEGORIES OF CIVIL SERVANTS OF THE RUSSIAN FEDERATION
The article examines the legal framework for investment activities by public servants, including employees of the internal affairs bodies of the Russian Federation. Some legal problems of implementation of investment activity in the stock market by civil servants of the Russian Federation are considered. Some ways of improving the legislation of the Russian Federation in this area are proposed.
Keywords: investments; stock market; securities; broker; civil servants; employees of internal affairs bodies; trust management; restrictions; prohibitions; corruption.
Reference bibliographic list
1. Eremeev D. V. Some issues of improving the legal acts regulating the investment activities of employees of the internal affairs bodies of the Russian Federation // Eurasian legal journal. – 2021. – No. 10 (161). – S. 207-208.
2. The head of the supervisory board of the Moscow Exchange proposed to allow officials to invest. [Electronic resource]. – Access mode: https://quote.rbc.ru/news/article/6347c3e29a7947c7375c3132.
3. The ex-deputy chairman of the Central Bank proposed to allow officials to invest in shares. [Electronic resource]. – Access mode: https://frankrg.com/94811.
4. VTB Capital Investments launched the first mutual funds subject to restrictions for civil servants. [Electronic resource]. – Access mode: https://www.banki.ru/news/lenta/?id=10956619.
FINANCIAL RIGHT
ELYAKOV Alexander Lvovich
postgraduate student of Legal support of public finance sub-faculty of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
ECONOMIC AND LEGAL JUSTIFICATION FOR THE JOINT CREATION OF A SPECIAL ECONOMIC ZONE (SEZ) IN THE TERRITORIES OF THE RUSSIAN FEDERATION
The article presents a scientific study of the theoretical economic and legal foundations and problems of legal implementation of the creation and implementation of special economic zones in the territories of the Russian Federation, especially in the regions of the Far Eastern Federal District in modern conditions requiring sustainable economic and social development. The author examines the historical and legal experience of the phased creation of SEZs and their legislative bases in the regions of the Russian Federation and the results of their implementation in four types of SEZs. Based on the analysis of the regulatory framework for the creation and functional basis of the SEZ, shortcomings and problems in the creation of the SEZ have been identified and effective legal mechanisms for their improvement in the current legislative framework have been proposed.
Keywords: federal law, Republic of Sakha (Yakutia), municipality, legislative framework, special economic zone, creation, functioning.
Reference bibliographic list
1. Customs Code of the Russian Federation (dated June 18, 1993 No. 5221). – The original version of the Labor Code of the Russian Federation in 1993. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_624/.
2. Law of the USSR dated April 10, 1990, No. 1421-1 “On the fundamentals of economic relations of the USSR, union and autonomous republics”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=2978#appJzJTAh9NdDHPa1.
3. Law of the RSFSR of July 4, 1991 No. 1545-1 (as amended on February 10, 1999) “On Foreign Investments in the RSFSR”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_102/.
4. Federal Law No. 157-FZ dated October 13, 1995 “On the State Regulation of Foreign Trade Activities” (last edition). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_8043/.
5. Federal Law of January 22, 1996 No. 13-FZ “On the Special Economic Zone in the Kaliningrad Region”. [Electronic resource]. – Access mode: https://duma.consultant.ru/documents/1157470?items=1&page=14.
6. Federal Law of the Russian Federation of May 31, 1999 No. 104-FZ “On the Special Economic Zone in the Magadan Region”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_23257/.
7. Federal Law of July 22, 2005 No. 116-FZ “On Special Economic Zones in the Russian Federation” // Rossiyskaya Gazeta. – 2005. – No. 3831. – July 27.
8. Decree of the President of the Russian Federation of June 4, 1992 No. 548 (as amended on August 29, 2001) “On Certain Measures for the Development of Free Economic Zones (FEZs) on the Territory of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_539/.
9. Decree of the President of the USSR of October 26, 1990 No. UP-942 “On Foreign Investments in the USSR. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=3589#wTKKzJTHCa5DRg28.
10. Decree of the Supreme Council of the RSFSR dated July 14, 1990 No. 105-I “On the Basic Principles of the Foreign Economic Activity of the RSFSR. [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=29072.
11. Decree of the Supreme Council of the RSFSR dated September 13, 1990 No. 165-1 “On the Creation of Free Enterprise Zones” (repealed). [Electronic resource]. – Access mode: https://base.garant.ru/10101124/.
12. Decree of the Government of the Russian Federation of April 26, 2012 No. 398 “On approval of the criteria for the creation of a special economic zone” (as amended on July 15, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_129114/.
13. Baronov V. I. Free economic and offshore zones (economic and legal issues of foreign and Russian practice): Uch. settlement / V. I. Baronov, G. M. Kostyunina. – M.: Master: NITs INFRA-M, 2018. – 560 p.
14. Business Navigator for Special Economic Zones of Russia, 2020. Issue 4 / A. N. Andreev, M. M. Bukharova, L. V. Danilov, V. I. Zverkov, E. A. Kashinova, E. I. Kravchenko, M. A. Labudin, M. A. Makhaeva, A. V. Teleba, A. G. Shipugin, A. V. Shpilenko; editorial board: A. V. Shpilenko (responsible editor), V. I. Zverkov, A. N. Kozlovsky; Association for the Development of Clusters and Technoparks of Russia. – Moscow: AKIT RF, 2020. – 203 p.
15. Kalman Kalotay. Special Economic Zones and Investment Promotion: International Experience // MAEF-2019 Plenary Conferences. Proceedings of the VEO of Russia, vol. 218. pp. 297-307.
16. Katsman F. M. Special economic zones // Economics and Finance. Journal “Transport of the Russian Federation”. – 2007. – No. 8. – S. 22-26.
17. Nilov KN Legal regime of free (special) economic zones in Russia and Europe // Journal ALL EUROPE. – 2007.- No. 10 (15).
18. Official website of the Ministry of Economic Development of Russia. Mass media registration certificate El No. ФС77-61745 dated April 30, 2015
19. Pavlov P. V. Legal aspects and historical prerequisites for the creation of the institution of special economic zones in the Russian Federation // Russian legislation: state and problems. Journal of Russian Law. – 2008. – No. 8. – S. 49-60.
20. Plotnikova A.P. Comparative geographical characteristics of complex SEZs/SEZs in Russia and their impact on the regional economy // Economic, social and political geography. Bulletin of the Baltic Federal University. I. Kant. Ser.: Natural and medical sciences. – 2022. – No. 1. – S. 57-72.
21. Polyakova V. E., Zykova E. V. Historical and legal aspects of the development of the institution of special economic zones in the Russian Federation and foreign countries // Actual problems of jurisprudence. International scientific conference dedicated to the Day of the adoption of the Constitution of the Russian Federation. – Pskov, 2020. – S. 243-251.
INFORMATION RIGHT
ALIBEKOVA Albina Murtazalievna
magister student of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
ABDULLAEV Ramazan Mustangerovich
Lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
SOME ISSUES OF ENSURING THE INFORMATION SECURITY OF MINORS IN THE EDUCATIONAL PROCESS (ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN)
In recent decades, information and digital technologies have been actively introduced into all spheres of human activity and the field of education is no exception. Artificial intelligence, the Internet, Internet services, etc., without them, the life activity of an ordinary teenager is no longer possible. Digitalization is actively penetrating into the field of educational relations, in which the main subject is a minor citizen, since children are the most vulnerable categories of citizens, there is a need to ensure their information security in these conditions. Using the example of the Republic of Dagestan, the authors characterize a set of state measures to ensure the information security of minors.
Keywords: minors, information security, educational process, information technology, malicious information.
Reference bibliographic list
1. Sorokun P.V. Legal aspect of information security of minors in modern Russia // Modern Science. – 2021. – No. 9-1. – S. 71-75.
2. Budanov S. A., Gavrilov S. T. Information security of minors: legal aspect // Territory of science. – 2015. – No. 2. – P. 165-169.
3. Magdilova L.V. Legal basis for ensuring the information security of minors // Legal Bulletin of the Dagestan State University. – 2017. – No. 3. – S. 104-108.
4. Golubykh N. V. Potanin K. V. Prevention of the involvement of minors in the activities of destructive extremist Internet communities // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – P. 121-124.
INFORMATION RIGHT
IBRAGIMOV Ismail Narimanovich
magister student of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
MAGDILOVA Larisa Vladimirovna
Ph.D. in economical sciences, associate professor of Information law and informatics of the Institute of Law of the Dagestan State University
ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF THE PROHIBITION ON THE SALE OF ALCOHOLIC BEVERAGES VIA THE INTERNET INFORMATION AND TELECOMMUNICATIONS NETWORK
The article is devoted to the issues of bringing to administrative responsibility for the sale of alcoholic beverages in the information and communication network “Internet”. Currently, the law prohibits the sale of alcohol remotely, but law enforcement practice indicates a frequent violation of this prohibition. As a result of the analysis of the norms of the Federal Law “On Information, Information Technologies and Information Protection”, as well as regulatory legal acts in the sphere of alcohol turnover and the practice of their application, it was revealed that there is a gap in the registration of information resources that prevents the identification of their owners in case of establishing the fact of sale via the Internet of alcoholic products. In order to increase the effectiveness of measures to combat illicit trafficking in alcoholic beverages and bring to justice the perpetrators, it is proposed to make appropriate changes to the current legislation.
Keywords: alcoholic beverages; internet, website, domain name administrator; administrative responsibility.
Reference bibliographic list
1. Batov V. A. The right to information and the right to access information on the Internet: the limits of freedom and restrictions // Young researchers for the regions: materials of the International scientific conference: in 3 volumes, Vologda, April 23–24, 2019. – Vologda: Vologda State University, 2019. – P. 238-240.
2. Shevtsova A. A., Deinekina V. M. Analysis of the influence of mass media on personality // New science: From idea to result. – 2016. – No. 12-4. – S. 161-163.
3. Mugdusyan N. S. Administrative responsibility for the sale of alcoholic beverages on the Internet // Issues of sustainable development of society. – 2022. – No. 7. – P. 595-598.
4. Suponina, E. A. On the prospects of administrative responsibility for remote trade in alcoholic products. Innovatsionnaya nauka. – 2016. – No. 1-3. – S. 141-143.
INFORMATION RIGHT
SADYKOVA Amina Abdulnasirovna
magister student of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
MEDZHIDOVA Khava Saydalievna
senior lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
TRADE SECRET AS A TYPE OF INFORMATION WITH LIMITED ACCESS: SOME ASPECTS OF CLASSIFICATION
The Constitution of the Russian Federation adopted in 1993 proclaimed Russia a democratic State governed by the rule of law, in which private, State, municipal and other forms of ownership are equally recognized and protected, as well as freedom of market relations and freedom of entrepreneurial activities are claimed. The formation of a market economic system is impossible in the absence of a sufficient regulatory framework to ensure free competition of economic entities. A trade secret is one of the tools using which business entities can increase their competitiveness, achieve production optimization, increase revenues or reduce costs. This article analyzes the concept of “trade secret” and considers some aspects of its classification.
Keywords: trade secret, restricted access information, confidentiality, trade secret regime, disclosure.
Pbibliographic list
1. Larin I.P. Analysis of the legal concept of “commercial secret” and legal significance // Issues of Russian and international law. – 2022. – T. 12. – No. 3A. – S. 45-51.
2. Morozova L. A. Constitutional regulation in the USSR. – M., 1985. – 143 p.
3. Gorlenko V. A. Regime of legal regulation (theoretical and applied aspect): author. dis. … cand. legal Sciences. – St. Petersburg, 2002. – 258 p.
4. Belyaeva G. S. The concept of a legal regime in the theory of law: basic approaches // Bulletin of the Saratov State Law Academy. – 2012. – No. 85. – S. 26-31.
5. Matuzov N. I., Malko A. V. Legal regimes: concept and types // Law and politics: modern problems of correlation and development. – Voronezh, 1996. – S. 6-29.
6. Yarkina N. A., Melnikova L. A. The concept, essence and types of trade secrets in the activities of the organization // Economics and management: challenges, problems, prospects: Collection of scientific articles based on materials of the scientific and practical conference of teachers and students, Moscow, April 24, 2020. – Moscow: Moscow Financial and Law University MFLA, 2020. – P. 655-660.
CRIMINAL LAW
ADILOV Zaur Adilovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
PROBLEMS OF CRIMINAL RESPONSIBILITY FOR A TERRORIST ACT IN THE LIGHT OF MODERN POLITICAL AND SOCIAL CHALLENGES
The article discusses some problems of legislative regulation of criminal liability for a terrorist act. The constructive features of the compositions of Article 205 of the Criminal Code of the Russian Federation have been studied and critically analyzed. The necessity of revising the main direct object of this crime is substantiated. It is proposed to limit responsibility for the threat of committing a terrorist act from its commission. The necessity to consider not only criminal actions, but also inaction as a constructive sign of the objective side of a terrorist act is argued. It is proposed to revise the objectives of committing a terrorist act in the current version of the article under study.
Keywords: criminal law, terrorism, terrorist act, public safety, management procedure, criminal act, special subject of crime, purpose of crime, unfinished crime, criminal liability, criminal punishment.
Reference bibliographic list
1. Zhukov A. Z. Modern approach to the definition of the concept of terrorism: origins and evolution // Gaps in Russian legislation. – 2018. – No. 3. – P. 85-87.
2. Ocheretnaya R. Yu. International terrorism as a threat to the world order of the future and the present // Formation of a new world order in the context of modern challenges and threats. – 2019. – S. 103-107.
CRIMINAL LAW
ALEKSEEV Artem Mikhailovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
STUDNEV Alexander Sergeevich
lecturer of Internal affairs and internal affairs sub-faculty of the Krasnodar University of the MIA of Russia
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
A PROBLEMATIC ISSUE THAT ARISES WHEN DOCUMENTING CRIMES RELATED TO BRIBERY
Bribery is the most dangerous corruption crime. Since the facts of committing bribery not only significantly violate the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state, but also significantly undermine the authority of state bodies and local governments, causing distrust of citizens in state bodies and local governments.
The facts of bribery are documented by the relevant operational units empowered to carry out operational-search activities, within the framework of operational-search activities, in accordance with the Federal Law “On operational-search activities” dated 12.08.1995 No. 144-FZ and other departmental regulatory and legal acts regulating the operational-search activity. There is no other way to document bribery.
Bribery-related crimes include: a) receiving a bribe (Article 290 of the Criminal Code of the Russian Federation); b) giving a bribe (Article 291 of the Criminal Code of the Russian Federation); c) mediation in bribery (Article 291.1 of the Criminal Code of the Russian Federation); d) petty bribery (Article 291.2 of the Criminal Code of the Russian Federation).
Keywords: crime, bribe, taking a bribe, operational units, mediation in bribery, bribe giver, bodies of the Investigative Committee of the Russian Federation, intermediary.
Reference bibliographic list
1. Muzafin R. R. The role of internal affairs bodies in counteracting corruption in Russia // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2019. – No. 1. – P. 440. – EDN DAOUXQ.
2. Federal Law of August 12, 1995 No. 144-FZ “On Investigative Activities” // Ross. gas. – 1995. – N 160.
3. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection. zak. Ros. Feder. – 1996. – No. 25. – Art. 2954.
4. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ // Ross. Gas. – 2001. – No. 249.
CRIMINAL LAW
BEDNYAGINA Yuliya Andreevna
lecturer of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
BULLYING: CRIMINAL AND CRIMINOLOGICAL ASPECTS
The conduct articles a comprehensive study of bullying as a socio-psychological phenomenon, and also analyzes the current Russian legislation for the presence of legal norms that characterize bullying.
At the same time, within the framework of the study, the author analyzes competitive opinions on the need for regulatory consolidation of the concept of “bullying”. Based on the results of the analysis, the author makes motivated proposals on the topic of the study.
Keywords: criminal law, crime, violence, bullying, cyberbullying.
Reference bibliographic list
1. Golovanova N. A. Problems of combating bullying: a legislative solution // Journal of Russian Law. – 2018. – No. 8 (260). – S. 113-123. – DOI 10.12737/art_2018_8_11. – EDN UVCPQ.
2. Volkova I. V. Characteristics of teenage bullying and its definition // Bulletin of the Minin University. – 2016. – No. 2 (15). – P. 26. – EDN WHHBFH.
3. Prystupa E. N. Social work: a dictionary of terms / Under the general. ed. auth.-stat. E. N. Seizures; per. E. N. Seizures, P. A. Stepicheva, M. S. Fironova. – Moscow: FORUM: INFRA-M, 2022. – 232 p. – ISBN 978-5-00091-764-0. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/995418.
4. Dan Olweus. Bullying at school: What we know and what we can do. – Malden: Blackwell Publishing, 1993. [Electronic resource]. – Access mode: https://archive.org/details/bullyingatschool00olwe/mode/2up.
5. Kurbenkov V. A., Novoseltsev A. Yu. Bulling in Russian schools: legal problems of prevention // Journal of Russian law. – 2020. – No. 3. – P. 95-102. – DOI 10.12737/jrl.2020.033. -EDN FJNGHR.
6. Kirillova E. A. Institute of administrative responsibility of minors in Russia: monograph. – Moscow: INFRA-M, 2022. – 183 p. — (Scientific thought). — DOI 10.12737/1383530. – ISBN 978-5-16-016924-8. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1383530.
CRIMINAL LAW
BICHENOVA Anna Rolandievna
lecturer of Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
MAXIMOVA Tatyana Alexandrovna
cadet of the 3rd year of the 2nd platoon of the private internal service of the Samara Law Institute of the FPS of Russia
CRIMES OF MINORS: CONCEPT, CAUSES AND PREVENTION
Currently, the problem of juvenile delinquency remains global. Referring to statistics, its information shows that the criminality of this category of persons has a pronounced character, since it affects not only the work of law enforcement agencies, but also the whole society. In this regard, it is necessary to understand the causes of juvenile delinquency and find ways to solve them. This article is devoted to crimes committed by minors. The concept of juvenile delinquency and the main determinants are considered, ways of solving problems are proposed, as well as prevention of juvenile delinquency.
Keywords: crimes, juvenile, determinants of crime, prevention.
Reference bibliographic list
1. Sarana V. A., Shulga A. E. Juvenile delinquency as a threat to public security in Russia // History of State and Law. – 2006. – No. 9. – S. 8-10.
2. Vasilchikova N. V., Kukharuk V. V. Criminology: lecture notes. – Yurayt-Izdat, 2009. – 114 p.
3. Crime indicators in Russia for 2019-2021 // Portal of legal statistics. – [Electronic resource]. – Access mode: http://crimestat.ru/offenses_rate.
4. Belsky A. I. Criminological characteristics of the personality of a juvenile delinquent // Russian investigator. – 2019. – No. 15. – P. 48-50.
5. Criminology: textbook / Ed. V. N. Kudryavtseva, V. E. Eminova. 5th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 800 p.
6. Yakovlev A. M. The relationship of individuals with the environment as a subject of criminological study // Soviet state and law. – 1966. – No. 2. – S. 55-63.
CRIMINAL LAW
BONDAREV Sergey Petrovich
Ph.D. in Law, Head of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KANGEZOV Marat Ruslanovich
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PROCEDURE FOR ADMISSION TO CITIZENSHIP OF THE RUSSIAN FEDERATION IN A SIMPLIFIED PROCEDURE
The political situation in the world and in Ukraine has led to the possibility of admission to the citizenship of the Russian Federation in a simplified manner for humanitarian purposes. The article is devoted to the consideration of methods and procedures for admission to citizenship under a simplified procedure, and also considers the category of citizens who have the right to acquire citizenship of the Russian Federation in a simplified manner. An analysis is given of changes in legislation in terms of improving the procedure for acquiring citizenship of the Russian Federation.
Keywords: citizenship, citizen of the Russian Federation, foreign citizen, filiation, naturalization, dual nationals, stateless persons, simplified procedure.
Reference bibliographic list
1. Decree of the President of the Russian Federation of September 30, 2022 No. 690 “On admission to the citizenship of the Russian Federation in a simplified manner of foreign citizens and stateless persons who have entered into military service contracts.” – [Electronic resource]. – Access mode: http:// www.consultant.ru/law/hotdocs/77303.html/
2. On the citizenship of the Russian Federation: Fehler. Law of May 31, 2002 No. 62-FZ: red. dated December 30, 2020 – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 07/15/2022).
3. Universal Declaration of Human Rights (adopted by the UN General Assembly on 10.12.1948). – [Electronic resource]. – Mode Access: SPS “ConsultantPlus” (date of access: 07/15/2022).
4. Dityatkovsky M. Yu., Taran N. N. Trends in acquiring citizenship of the Russian Federation // Scientific works of the Russian Academy of Advocacy and Notaries. – 2021. – No. 1 (60). – S. 18-23.
CRIMINAL LAW
ZAIDOVA Manarsha Usmakhanovna
senior lecturer of Criminal law and state and legal disciplines sub-faculty of the Faculty of Law of the Dagestan State University of National Economy
INCREASED RESPONSIBILITY FOR CERTAIN CRIMES AGAINST MILITARY SERVICE
The article deals with some of the changes that were made to the Criminal Code of the Russian Federation in connection with the mobilization announced by the President of the country. New elements of crimes are considered, which appeared in Chapter 33 of the Special Part of the Criminal Code of the Russian Federation. The author explores new qualifying features that have appeared in crimes against military service. Also analyzes and the relevance of the changes made to the criminal legislation and offers some proposals that are relevant in her opinion.
Keywords: mobilization, martial law, wartime, armed conflict, conduct of hostilities, serviceman, defense of the Fatherland.
Reference bibliographic list
1. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020).
2. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on September 24, 2022).
3. Federal Law No. 365-FZ of September 24, 2022 “On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Code of Criminal Procedure of the Russian Federation”.
4. [Electronic resource]. – Access mode: https://stykrf.ru/332.
CRIMINAL LAW
ILIKBAEVA Evgeniya Sergeevna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
ZHUK Anna Pavlovna
cadet of the 3rd course of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF CRIMINAL LIABILITY OF “ROOFERS” AND “ZATSEPERS” IN THE RUSSIAN FEDERATION
The problem of youth movements today is an urgent problem for parents, teenagers and teachers. It is in adolescence that young people are searching for themselves, and role models are chosen, life values are formed and laid. A teenager is trying to figure out who he wants to become, who he wants to be like. Due to the mass informatization of society and, as a consequence, globalization, the process of spreading propaganda of “roofing” and “hooking” has become much simpler. YouTube has become one of such platforms on the Internet, where extreme videos are available freely.
Keywords: roofing, hooking, youth subculture, criminal-legal characteristics, features of qualification of extreme hobbies.
Reference bibliographic list
1. Saranchin D. V. Involvement of minors in committing acts that pose a danger to the life of a minor (provided for in article 151.2 of the Criminal Code of the Russian Federation) // Theory of Law and Interstate Relations. – M., 2021. – No. 8 (20). – S. 195-203.
2. Zozyreva E. A. How to identify adolescents at risk // Vocational education. Capital. – 2019. – No. 10. – S. 40-41.
3. Nabatova E. A., Pyrieva E. I. Ways of committing the involvement of a minor in the commission of a crime // Criminal procedure protection of the rights and legitimate interests of minors. – 2018. – No. 1 (5). – S. 99-105.
4. Saranchin DV Problems of differentiation of responsibility for the act provided for by Article 151.2 of the Criminal Code of the Russian Federation // Legal Science and Law Enforcement Practice. – 2020. – No. 3 (53). – S. 138-146.
5. Chunin A. S. Schoolshooting Phenomenon in Modern Russia. Legal aspect. [Electronic resource]. – Access mode: http://minnats.alania.gov.ru/sites/minnats/files/media/pages/files/2021-07/NAK%20phenomenon%20schoolshooting.pdf (date of access: 09.11.2022).
6. A court in St. Petersburg banned the anime “Death Note” and “Inuyashiki”. [Electronic resource]. – Access mode: https://ria.ru/20210120/anime-1593865249.html (date of access: 11/10/2022).
CRIMINAL LAW
SYCH Konstantin Antonovich
Ph.D. in Law, professor, professor of Criminal law sub-faculty of the Academy of the FPS of Russia
SOCIAL PROTECTION MEASURES IN CONNECTION WITH THE CONCEPT OF “DANGEROUS STATE OF PERSONALITY”
The work is devoted to measures of social protection (security), which differ from punishment. The purpose of their application is a special prevention and protection against the dangerous behavior of any person, including both insane persons and those who have not reached the age of criminal responsibility. In the work, the dangerous state of the individual is considered as the basis for the application of social protection measures. Unlike punishment, which is retrospective in nature, social protection measures are directed to the future and pursue the goal of preventive action. In this sense, social protection measures sign ficantly complement the arsenal of criminal law measures.
Keywords: measures of social protection, security measures, dangerous state of the individual, punishment.
Reference bibliographic list
1. Ansel M. New social protection. – M., 1970.
2. Zhalinsky A. E. Modern German criminal law. – M., 2004.
3. Kibalnik A. G. Basic provisions of the general part of the criminal law of foreign countries. – M.: Ileksa, 2008.
4. Shestakov D. A. Russian criminal law policy from the point of view of the historical trend towards mitigation of repression // Jurisprudence. – 1998. – No. 4. – P. 154-160.
CRIMINAL LAW
ALISTANOVA Ariza Eminovna
magister student of the 2nd course of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAYOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
THE INFLUENCE OF SOCIAL ILL-BEING IN THE FAMILY ON CRIMINOGENIC SITUATIONS, ARISING IN EVERYDAY LIFE BETWEEN FAMILY MEMBERS
The article analyzes the impact of social ill-being in the family on criminogenic situations arising in everyday life between family members, analyzes the causal complex and conditions that contribute to them. The causes of violence against family members are analyzed on the basis of socio-cultural, historically established attitudes to physical punishment as a mandatory means of education, taking into account the socio-economic characteristics of the family. The study is also based on social disadvantage in the family as a factor that generates violent crime. Based on such an analysis, options for solving the problem of criminal violence in the family are given.
Keywords: domestic violence, victim behavior, violent crime, aggressive behavior.
Reference bibliographic list
1. Brief description of the state of crime in the Russian Federation for January-October 2022. – [Electronic resource]. – Access mode: https://mvd.ru/Deljatelnost/statistics/reports/item/1609734/.
2. Materials of criminal cases on violent attacks, considered by the Soviet District Court of Makhachkala. Archive of the court of the Soviet district of Makhachkala for 2021-2022.
3. Revin V. P. Modern problems of studying and organizing the fight against crimes in the spheres of family and household and youth and leisure relations. – M., 2014. – 480 p.
CRIMINAL LAW
ADILOV Zaur Adilovich
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABOUT SOME PROBLEMS OF COMPLICITY IN UNFINISHED CRIMES OF EXTREMIST AND TERRORIST NATURE
The article discusses some problems of legislative regulation of criminal liability for certain special types of complicity in unfinished crimes of extremist and terrorist nature. The constructive features of the compositions of Articles 210, 205.4 and 282.1 of the Criminal Code of the Russian Federation are critically analyzed in terms of the justification and monotony of their consolidation in the relevant norms. Some problems of the legislative technique of the presentation of these norms in the Criminal Code of the Russian Federation are highlighted. The necessity of improving the current criminal legislation providing for responsibility for the organization of the above forms of criminal complicity is substantiated.
Keywords: criminal law, criminal complicity, forms of complicity, organized group, criminal community, terrorist community, extremist community, unfinished crime, criminal liability.
Reference bibliographic list
1. Commentary on the Criminal Code of the Russian Federation [Text] / Ed. V. I. Radchenko, A. S. Mikhlin. – St. Petersburg: Piter, 2017. – 699 p.
2. Pavshukova A. Yu. Definition and classification of modern terrorism. Intergroup relations as a factor in terrorist activity // Skif. Issues of student science. – 2020. – No. 7 (47). – S. 164-167.
3. Podroykina I. A. [and others] Criminal liability and punishment: a textbook / Edited by I. A. Podroykina. 2nd ed., revised. and additional – M.: Yurayt Publishing House, 2022. – 266 p.
4. Khlebushkin A. G. Criminal extremism: concept, types, problems of criminalization and penalization [Text]: Author. dis. … cand. legal Sciences. – Saratov, 2007. – 28 p.
5. Yurchenkova AS Terrorism as one of the most dangerous threats to national security // Legal aspects of nation-building in Russia: history and modernity. Materials of the All-Russian scientific conference with international participation. – 2020. – S. 204-207.
CRIMINAL LAW
MAGOMEDALIEV Maris Zhabrailovich
magister student of the Institute of Law of the Dage Stan State University
KURBANOVA Diana Nurmagomedovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University
MODERN WAYS OF FRAUD IN RUSSIA
It is difficult to imagine the present without the use of many different high-tech devices – mobile phones, tablets, computers, plastic cards. New services and programs are constantly appearing. All of the above, of course, makes our life more convenient, but it requires certain knowledge and skills. Simultaneously with the emergence and development of such high-tech devices, new types of fraud are emerging that make it possible to illegally receive money from citizens through deceit or abuse of trust. In modern conditions of economic instability, crime in the field of information and telecommunication technologies is acquiring new directions. At the same time, the Internet is not only a convenient tool, but also a favorable environment for committing fraudulent actions against citizens.
Keywords: fraud, crime, modernity, internet, money.
Reference bibliographic list
1. Borodkina T. N., Lavlyuk A. V. Cybercrimes: the concept, content and countermeasures // Socio-political sciences. – 2018. – No. 1. – P. 135-137.
2. The number of cases of fraud has increased in Russia. [Electronic resource]. – Access mode: https://lenta.ru/news/2022/01/12/moshenniki/ (date of access: 09/30/2022).
3. Online fraud: jurisprudence and key aspects. [Electronic resource]. – Access mode: https://lenta.ru/news/2022/01/12/moshenniki/ (accessed 09/30/2022).
4. Orlovsky E. A. To the question of countering theft committed using electronic means of payment. – Text: direct // Russian justice. – 2021. – No. 6. – S. 24-26.
5. Reshnyak O. A., Kovalev S. A. Organization of the investigation of fraud committed using the Internet network at the initial and subsequent stages // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (53). – S. 106-111.
6. Smagorinsky B.P. On some actual methods of committing fraud against individuals in modern conditions // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – S. 172-178.
7. Tyunin V. I., Stepanov Yu. I. Theft from a bank account, as well as in relation to electronic money (criminalization and qualification of a crime). – Text: direct // Russian investigator. – 2021. – No. 3. – P. 41-45.
CRIMINAL LAW
MAGOMEDOVA Risalat Magdibegovna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
CORRUPTION IN THE ENVIRONMENTAL MANAGEMENT SYSTEM
The study addresses the issues of corruption offenses in the field of nature management and its impact on the environment in Russia. Statistics for recent years of environmental crimes are given, which allows comparing and analyzing the dynamics of their development. We have analyzed the problems in this area and offer some solutions to them. Corruption phenomena in the field of environmental management were substantiated by examples.
Keywords: corruption, forest area, minerals, nature management, subsoil, officials.
Reference bibliographic list
1. Burmatova O. P. Problematic aspects of the application of forestry and water legislation in Russia // Bulletin. – 2019. – S. 156.
2. Judicial practice in cases of corruption. – 2022. – P. 11-23.
3. Tabakar M. V. Countering corruption in the field of ecology // Provincial Scientific Notes. – 2018. – S. 200.
4. Federal Law No. 273-FZ dated December 25, 2008 “On Combating Corruption”.
CRIMINAL LAW
MAMONTOVA Alyona Andreevna
lecturer of Organization of execution of punishments sub-faculty of the Tomsk Institute of Advanced Training of Employees of the FPS of Russia
FEATURES OF THE APPLICATION OF THE NOTE TO ARTICLE 206 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION IN THE CONDITIONS OF HOSTAGE-TAKING IN INSTITUTIONS OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
Article 22 of the Constitution of the Russian Federation guarantees every citizen the right to freedom and personal inviolability. At the same time, according to articles 17, 18 of the Constitution of the Russian Federation, this right is inalienable, belongs to everyone from birth, has direct effect, determines the meaning, content and application of laws, as well as the activities of legislative and executive authorities, local self-government and is provided by justice.
The crime provided for in article 206 of the Criminal Code of the Russian Federation encroaches not only on the freedom of a citizen, but also on public safety, thereby increasing the public danger of the crime being committed.
Hostage-taking in the institutions of the Criminal Justice System of the Russian Federation is a rather rare socially dangerous act in the total mass of penitentiary crimes. At the same time, this year there was a fact of the commission of this crimeon the territory of the Kemerovo region – Kuzbass.
Keywords: hostage-taking; institutions of the penitentiary system; pre-trial detention center; correctional institutions; penitentiary recidivism.
Reference bibliographic list
1. Vlasenko VV Exemption from criminal liability when committing crimes against the physical freedom of a person: problems of legislative regulation and practical application // Russian judge. – 2021. – No. 6. – S. 26-33.
2. Lopina M. V. Some features of the actions of the security departments of correctional institutions to prevent hostage-taking // III International Penitentiary Forum “Crime, Punishment, Correction”: (on the 20th anniversary of the entry into force of the Penal Code of the Russian Federation). Collection of abstracts of speeches and reports of participants. In 8 volumes, Ryazan, November 21–23, 2017. Volume 7. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2017. – P. 188-190.
3. Novikov A. V. Fundamentals of penilization of hostage-taking in institutions of the penitentiary system // Organizational and legal regulation of the penitentiary system: theoretical and applied aspects: Proceedings of the interuniversity scientific and practical conference dedicated to the memory of the Honored Scientist of the RSFSR, Doctor of Law Sciences, Professor A.I. Zubkov and the Day of Russian Science, Ryazan, February 06, 2018. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service of Russia, 2018. – P. 184-189.
CRIMINAL LAW
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, Head of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ANISIMOV Anton Alexandrovich
postgraduate student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
OSKIN Evgeniy Dmitrievich
magister student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
SOME ASPECTS OF APPOINTMENT, PROCEDURES AND EXECUTION OF HOUSE ARREST IN RELATION TO SUSPECTS, ACCUSED BY ECONOMIC CRIMES
The article is dedicated to the study of an alternative preventive measure – house arrest. The authors show its prospects and significance for persons brought to criminal responsibility for economic structures. They speak out about the reasons for its cautious application by the courts. They describe in detail the procedure itself, the methods of monitoring the arrested.
Keywords: suppressive goals; fixation of finding; isolation of the subject; suspect; accused; petition.
Reference bibliographic list
1. Afanasyeva S. I., Malygin K. V. Detention for economic crimes: general principles and features of application // Perm legal almanac. – 2021. – S. 566-578.
2. Kuznetsova Yu. V. Actual problems of house arrest as a measure of restraint // Trends in the development of science and education. – 2022. – No. 83-4. – S. 30-32.
3. Sovetov A. M. The concept and place of house arrest in the Russian system of preventive measures // Bulletin of the Magistracy. – 2019. – No. 10-2 (97). – S. 83-84.
4. Bikmeev R. G., Buranov R. S. The prohibition of certain actions: the first results of the application // Criminal process. – 2019. – No. 5. – S. 56-59.
5. Shabanov V. B., Budanova L. Yu. Application of preventive measures in the form of house arrest and prohibition of certain actions: problems of implementation // Criminal executive law. – 2020. – V. 15 (1-4). – No. 1. – S. 75-78.
CRIMINAL LAW
PKHESHKHOVA Irina Muayedovna
Detective of particularly important cases, Department of Criminal Investigation for the Karachay-Cherkess Republic, adjunct of the Academy of Management of the MIA of Russia, captain of police
OBJECT AND MATTER OF THE PUBLIC DISSEMINATION OF KNOWINGLY FALSE INFORMATION (ARTICLES 207.1 AND 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
This article analyzes the generic and direct objects of crimes that provide for criminal liability for the public dissemination of knowingly false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation), as well as their mandatory and optional features, namely the matter of the crime and the victim.
Keywords: The object of the crime, the subject of the crime, the public dissemination of deliberately false information, socially significant information.
Reference bibliographic list
1. Tagantsev N. S. Russian criminal law. T. 1. – Tula, 2001. – S. 50.
2. Korzhansky N. I. object of encroachment and qualification of crimes. – Volgograd, 1976. – S. 14-16.
3. Criminal Code of the Russian Federation.
4. Korotkikh A. G. On the essence and meaning of the concepts of “public order” and “public security” // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2011. – No. 3.
5. Kuznetsova N. F. Criminal liability for violation of public order. – M., 1963. – S. 3.
6. Shamray VN Theoretical and legal support of public order and public security in modern conditions // Sociology and Law. – 2012.
7. Feder Law No. 149-FZ dated July 27, 2006 “On information, information technologies and information protection” (last edition).
8. Federal Law “On the Protection of the Population and Territories from Natural and Technogenic Emergencies” dated December 21, 1994 No. 68-FZ (last edition).
9. Susloparov A. V. Information crimes: author. dis. … cand. legal Sciences. – Krasnoyarsk, 2008. – 24 p.
10. Turyshev A. A. Information as a sign of crimes in the sphere of economic activity: author. dis. … cand. legal Sciences. – Omsk, 2006. – 19 p.
11. Bikmurzin MP Subject of crime: theoretical and legal analysis. – M.: Yurlitinform, 2006. – 184 p.
12. Minin A. Ya. Cybersecurity and protection of information systems // Law and cybersecurity. – 2013. – No. 2. – S. 28-35.
CRIMINAL LAW
NOVIKOVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
TOROPOV Sergey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
PONOMAREV Alexander Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
APPOINTMENT OF JUDICIAL EXAMINATIONS IN CASES RELATED TO THE INVESTIGATION OF CRIMES AGAINST TRAFFIC SAFETY AND OPERATION OF TRANSPORT
The article discusses the tactical basis for the appointment of forensic examinations in cases related to the investigation of crimes against traffic safety and transport operation. An analysis of typical initial data necessary for asking questions to an expert in order to conduct a qualitative study was carried out. Recommendations are given for optimizing the process of evaluating the expert’s opinion, taking into account the category of cases under consideration.
Keywords: forensic examination, appointment, research methodology, trace information, traffic accidents, problem situations, initial data.
Reference bibliographic list
1. Ignatov A. N., Toropov S. A. Tactical features of the appointment and production of expertise for crimes of a terrorist nature and extremist orientation in conditions of social tension // Humanitarian, socio-economic and social sciences. – 2022. – No. 4. – P. 118-121.
2. Toropov S. A., Safonov D. A. Tactical features of conducting individual investigative actions in the investigation of extremist and terrorist crimes committed by minors // In the book: Ensuring the mental security of youth in conditions of real threats and potential challenges. – Simferopol, 2021. – S. 157-165.
3. V. P. Bodaevsky, D. A. Zakharov, S. A. Kodintsev, M. I. Nikulin, T. Yu. Novikova, M. V. Pelenitsina, A. V. Rudenko, and N. V. Savenko, Soshina N. V., Shigonin A. B., Yatsenko A. O. Actual problems of civil, criminal and administrative proceedings. Tutorial. – Simferopol, 2021. – 150 p.
4. Suvorov Yu. B. Judicial road transport expertise. Forensic expert assessment of the actions of drivers and other persons responsible for ensuring road safety at the sites of an accident. – Textbook. allowance. – M .: Publishing house “Exam”, publishing house “Law and Law”, 2003. – 202 p.
5. Korukhov Yu. G. Transport and trasological expertise in cases of road traffic accidents (diagnostic studies) // VNII forensic examinations. – 1988. – Issue. 1. – 100 s.
6. Bilenchuk P. D. Investigation of traffic accidents. – Kyiv: RIO MVD of the Ukrainian SSR, 1989. – 240 p.
7. Rudenko A. V., Zakharov D. A. Criminal procedural responsibility for violation of the normal order of investigation of the circumstances of a criminal case // In the collection: Actual problems of criminal and criminal procedural policy of the Russian Federation. Materials of the international scientific-practical conference. – 2012. – S. 197-200.
CRIMINAL LAW
RAKHIMKULOV Roman Alekseevich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
CRIMINAL LIABILITY FOR ENCROACHMENT ON THE LIFE OF A LAW ENFORCEMENT OFFICER
Encroachment on the life of a law enforcement officer is a particularly serious crime according to the Criminal Law of our state. This is due to the special activities of such employees and the duties assigned to them by the state.
When encroaching on the life of a law enforcement officer, it affects not only the issues of life and health of these persons, but also the normal activities of the law enforcement agencies themselves as subjects of state power. In this regard, the legislator pays special attention to law enforcement officers.
We believe that the issue of criminal punishment for a crime currently committed requires additional and broader mechanisms due to the high public danger of committing a crime and the special legal status of the authorities. In this regard, in this study, the most important problematic issues related to criminal liability for the specified crime were considered and possible solutions to the identified problems were proposed.
Keywords: assault on life, law enforcement agencies, law enforcement officers, criminal liability.
Reference bibliographic list
1. Stennikova S. B. On the issue of criminal liability for encroachment on the life of a law enforcement officer // Perm period. Collection of materials of the V International scientific and sports festival of cadets and students. 2018. – S. 75-77.
2. Criminal Code of the Russian Federation: federal law: text with amendments and additions for September 24, 2022 No. 365-FZ [adopted on June 13, 1996 No. 63-FZ] // Official Internet portal of legal information. [Electronic resource]. – Access mode: www.pravo.gov.ru (Date of access: September 30, 2022)
3. Kalomen A. G. On the content of intent in the event of an encroachment on the life of a law enforcement officer // Bulletin of the Omsk Law Academy. 2018. – T. 15. – No. 3. – S. 377-381.
CRIMINAL LAW
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAB Oxana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the RANEPA under the President of the Russian Federation
ANALYSIS OF THE STATE OF THEFT OF OTHER PEOPLE’S PROPERTY IN THE ALTAI TERRITORY
The issues related to the quantitative characteristics of the most common crimes of mercenary orientation over the past ten years are being investigated.
Based on a detailed study of statistical data and sentences against persons who committed theft of other people’s property, the author comes to the conclusion that the current policy in the country aimed at countering crime in general is quite effective. However, taking into account the observed clear trend towards an increase in the number of frauds, it needs a serious adjustment in terms of focusing and concentrating increased attention on the implementation of additional measures to prevent theft committed by deception and abuse of trust.
Keywords: mercenary crime, theft, fraud, robbery, robbery, embezzlement and embezzlement, crime prevention.
Reference bibliographic list
1. Botvin I. V. On the issue of modern causes and conditions of crime in the economic sphere // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (39). – S. 170-172.
2. Botvin I. V. Features of the criminological characteristics of crimes in the sphere of the economy (based on the materials of the Altai Territory) // Criminal procedural and forensic problems in the fight against crime: Collection of articles of the interdepartmental round table, regional round table and All-Russian scientific and practical conference, Orel, 25 October 2019 29 2020. – Orel: Oryol Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2020. – S. 13-15.
3. A resident of the Altai Territory wanted to get rich on stocks and transferred 1.2 million rubles to scammers. [Electronic resource]. – Access mode: https://www.amic.ru/news/prochee/zhitel-altayskogo-kraya-hotel-razbogatet-na-akciyah-i-perevel-moshennikam-1-2-mln-rubley (date of access: 04.05 .2022).
4. Report of the Head of the Main Directorate of the Ministry of Internal Affairs of Russia for the Altai Territory, Lieutenant General of Police Podolyan Andrey Anatolyevich to the deputies of the Altai Territory Legislative Assembly on March 31, 2022. [Electronic resource]. – Access mode: https://22.mvd.rf/Dejatelnost/otchnas/ (date of access: 05/04/2022).
5. Collection for Russia “Unified Report on Crime” for January-December 2012-2021 CSI FKU “GIAC of the Ministry of Internal Affairs of Russia” [Electronic resource] // http://10.5.0.16/csi/ (date of access: 05/04/2022 ).
6. The state of crime in Russia in January-December 2021. [Electronic resource]. – Access mode: https://media.mvd.ru/files/application/2315310 (date of access: 05/04/2022).
CRIMINAL LAW
SHARIPOVA Aliya Rashitovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINALIZATION OF DISSEMINATION OF KNOWNLY FALSE INFORMATION ABOUT THE ARMED FORCES OF THE RUSSIAN FEDERATION (Article 207.3 of the Criminal Code of the Russian Federation)
The article discusses the most likely socio-political reasons for the criminalization of the dissemination of deliberately false information about the Armed Forces of the Russian Federation (Article 207.3 of the Criminal Code of the Russian Federation). The author examines in detail the composition of the new article of the Criminal Code of the Russian Federation, as well as the primary results of its enforcement. As a result, the author concludes that the criminalization of the dissemination of deliberately false information about the activities of the Armed Forces of the Russian Federation and state bodies of the Russian Federation was a response to the corresponding socio-political challenge, and law enforcement practice is currently in the process of its formation, which causes further relevance in the study of the relevant topic.
Keywords: criminalization; Criminal Code of the Russian Federation; dissemination of knowingly false information; Armed Forces of the Russian Federation; law enforcement practices; sentence.
Reference bibliographic list
1. Dubovichenko S. V., Karlov V. P. Criminal liability for the public dissemination of knowingly false information (Articles 207.1, 207.2 of the Criminal Code of the Russian Federation) // Bulletin of the Volga University. V.N. Tatishchev. – 2020. – T. 1. – No. 3 (96). – S. 154-163.
2. Egorov I. Municipal deputy Gorinov was sentenced to 7 years for fake news about the army // Rossiyskaya Gazeta Internet portal. [Electronic resource]. – Access mode: https://rg.ru/2022/07/08/reg-cfo/municipalnogo-deputata-gorinova-prigovorili-k-7-godam-za-fejki-ob-armii.html?ysclid=laknq7d1oe483033160 ( date of access: 11.11.2022)
3. Transbaikalia was the first in the country to be convicted for lying about the Armed Forces of the Russian Federation // Internet edition of INFO. [Electronic resource]. – Access mode: https://info.sibnet.ru/article/618169/?ysclid=lakmxg66im100778883 (date of access: 11/15/2022)
4. Sadykov D. I., Akhmetyanova N. A. Distribution of fake news during the COVID-19 pandemic // Colloquium-Journal. – 2020. – No. 8-3 (60). – S. 30-31.
5. Trakhov A. I., Beshukova Z. M. Dissemination of deliberately false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation): new elements of crimes with a sign of publicity // Theory and practice of social development. 2020. No. 6 (148). [Electronic resource]. – Access mode: http://teoria-practica.ru/rus/files/arhiv_zhurnala/2020/6/law/trakhov-beshukova.pdf (date of access: 11/15/2022)
CRIMINAL LAW
GAMIDOVA Tamila Timurlanovna
magister student of the Institute of Law of the Dagestan State University
PROBLEMS OF EXCEEDING THE NECESSARY DEFENSE
The article deals with some actual problems of exceeding the necessary defense, as a privileged composition of some criminals, as well as circumstances mitigating responsibility. A conclusion is made about the need to change the approach to the assessment of the object of encroachment as a criterion for exceeding the necessary defense measures. It is also proposed to introduce, at the level of law enforcement practice, criteria for distinguishing simple murder and murder in excess of the necessary defense measures.
Keywords: necessary defense, excess of necessary defense, limits of necessary defense, timelines of defense, proportionality of defense.
Reference bibliographic list
1. Alieva Z. M. Problems of exceeding the limits of necessary defense in time // Problems of Science. – 2012. – No. 3 (13). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-prevysheniya-predelov-neobhodimoy-oborony-vo-vremeni (date of access: 11/15/2022).
2. Gashimov R. R. Problems of accounting for exceeding the limits of necessary defense as a mitigating circumstance. Obrazovanie i pravo. – 2019. – No. 10. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-ucheta-prevysheniya-predelov-neobhodimoy-oborony-kak-smyagchayuschego-obstoyatelstva (date of access: 11/15/2022).
3. Kazarina M. I., Barkanov I. A. On the criteria for delimiting the necessary defense from exceeding the limits of the necessary defense // Verb of justice. – 2020. – No. 2 (24). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-kriteriyah-otgranicheniya-neobhodimoy-oborony-ot-prevysheniya-predelov-neobhodimoy-oborony (date of access: 11/15/2022).
4. Matveeva E. V. Actual problems of delimitation of murder when the limits of necessary defense are exceeded with the composition of simple murder under the Criminal Code of the Russian Federation // Symbol of Science. – 2019. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-razgranicheniya-ubiystva-pri-prevyshenii-predelov-neobhodimoy-oborony-s-sostavom-prostogo-ubiystva-po-uk-rf (date of access : 11/15/2022).
5. Savelyev I. I. Exceeding the limits of necessary defense // Symbol of science. – 2016. – No. 5-3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prevyshenie-predelov-neobhodimoy-oborony (date of access: 11/15/2022).
6. Smirnova L. N. Criminal liability in case of violation of the conditions for the legitimacy of necessary defense. Izvestiya AltGU. – 2017. – No. 6 (98). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-pri-narushenii-usloviy-pravomernosti-neobhodimoy-oborony (date of access: 11/15/2022).
7. Tatyanina A. V. Ways to solve problems arising in the implementation of the right to necessary defense. Bulletin of TIUE. – 2021. – No. 1 (33). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/puti-resheniya-problem-voznikayuschih-pri-realizatsii-prava-na-neobhodimuyu-oboronu (date of access: 11/15/2022).
CRIMINAL LAW
MAKHMUTOV Timur Aidarovich
postgraduate student of the 3rd full-time postgraduate department in the direction of “Jurisprudence”, specialization “Criminal Law and Criminology” of the Far Eastern Federal University
CRIMES AGAINST JUSTICE COMMITTED BY INTERROGATORS, INVESTIGATORS AND JUDGES AS SPECIAL TYPES OF OFFICIAL CRIMES
The article analyzes the norms of the Criminal Code of the Russian Federation and the law enforcement practice that has developed in relation to crimes against justice, the defendants of which are law enforcement officers. Due to the format of the article, the authors have not considered all the elements of the crimes mentioned. Proposals are being made to organize a more effective fight against crime in the area under consideration.
Keywords: justice, crimes, judge, preliminary investigation bodies.
Reference bibliographic list
1. Karagodin VN Situational features of the investigation of crimes against justice committed by investigators // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – M.: Jurisprudence, 2020. – S. 49-53.
2. Novikov I. A. Falsification of evidence: novelties of criminal law and qualification issues // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – M.: Jurisprudence, 2020. – S. 225-229.
3. Pleshakov A. M. Coercion to testify with the use of torture and the use of animals // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – Moscow: Jurisprudence, 2020. – P. 41-44.
4. Mironov VV On the issue of criminal liability for the illegal initiation of a criminal case // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – Moscow: Jurisprudence, 2020. – S. 261-264.
5. Sidorenko E. L. The development of scientific ideas about the consent of the victim in Russian criminal law // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 1 (12). – S. 170-179.
6. Tugutov B. A. Crimes against justice: theory and law enforcement // Siberian criminal procedure and forensic readings. – 2017. – No. 315. – S. 294-297.
7. Fung, An Dung. Crimes against justice // Young scientist. – 2020. – No. 35 (325). – S. 133-137.
CRIMINAL LAW
BOYTSOVA Anna Yurjevna
postgraduate student of Criminal law sub-faculty of the Institute of Law of the Siberian Federal University
PUBLIC DANGER AS A BASIS FOR CRIMINALIZATION OF ACTS (ON THE EXAMPLE OF PART 1 OF ARTICLE 284.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article provides a comparative analysis of Article 20.33 of the Code of Administrative Offenses of the Russian Federation and Article 284.1 of the Criminal Code of the Russian Federation, namely, objects that are infringed by an offense and a crime. Despite the similarity of objects, the author notes that the repeated commission of an offense under Article 20.33 of the Code of Administrative Offenses of the Russian Federation becomes a crime. This is due to the emerging public danger of a repeated crime. The author concludes that it is the sign of public danger that is the main condition for the criminalization of an act.
Keywords: administrative prejudice, crime, offense, public order, public safety, constitutional system, state security, public danger.
Reference bibliographic list
1. Borisov S. V. Extremist crimes: problems of legislation and law enforcement: Dis. … doc. legal Sciences. – Moscow, 2012. – S. 296.
2. Ivanov N. G. Public danger of an act as an ontological basis of criminalization: monograph. – Moscow: Prospekt, 2016. – P. 64.
3. Ivanov N. G. Public danger of an act as an ontological basis of criminalization: monograph. – Moscow: Prospekt, 2016. – P. 69.
4. Kuznetsova N. F. Crime and crime // Selected works. – SPB., 2013. – S. 70.
5. Solovyov A. N. The concept of crime: theoretical, legislative and law enforcement aspects: dis. … cand. legal Sciences. – Volgograd, 2000. – S. 99.
6. Criminal law. General part: a textbook for university students in the direction of “Jurisprudence” / A. F. Mitskevich, V. V. Pitetsky [and others]; resp. ed. A. N. Tarbagaev; Siberian Federal University [SFU]. Law Institute [YUI]. – Moscow: Prospect, 2011. – P. 100.
CRIMINAL LAW
MASHADY Dmitriy Aleksandrovich
cadet of the 3rd course of the 2nd platoon, senior sergeant of the internal service of the Samara Law Institute of the Federal Penitentiary Service
KARTASHEVA Ekaterina Viktorovna
cadet of the 3rd course of the 2nd platoon, an ordinary member of the internal service of the Samara Law Institute of the Federal Penitentiary Service
BICHENOVA Anna Rolandievna
lecturer of Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
THE DANGER OF CYBERCRIME IN MODERN RUSSIA
This article is dedicated to crimes committed using the worldwide computer network “Internet”, intendedicated for storing, processing and transmitting information, as well as other means of access to cyberspace, within computer systems or networks that are directed against computer data. The ways of committing crimes in computer information are highlighted. Criminal and legal characteristics of cybercrimes have been carried out. The main reasons for the commission of cybercrimes in the Russian Federation are considered and ways to solve them are proposed.
Keywords: cybercrime, determinants of crime.
Reference bibliographic list
1. Valeeva G. V., Berg S. A. The problem of cybercrime in the modern information society // Collection of conferences of the National Research Center Sociosphere. – 2022. – No. 3. – P. 11-13.
2. Levashova O. V., Sotnikov I. L. Cybercrime: the main directions of international cooperation and counteraction // Modern Science. – 2022. – No. 1-2. – P. 145-149.
3. Lyapin A. E. Cybercrime as a new object of statistical analysis // Statistics and Economics. – 2021. V. 18. – No. 6. – P. 4-16.
4. Mamtsov K. G., Achilov N. R. Cybercrime as a threat to national security // Young researcher of the Don. – 2022. – No. 1 (34). – S. 42-45.
5. Mogunova M. M. The concept of modern cybercrime and ways of committing financially oriented cybercrimes // Bulletin of the Omsk University. Series: Law. – 2022. T. 19. – No. 1. – P. 80-86.
6. Khalezova E. A., Smirnov V. M. Development of cybercrime in Russia // Trends in the development of science and education. – 2021. – No. 74-2. – S. 131-133.
7. Digital economy and risks of digital colonization. N. Kasperskaya, detailed abstracts of the speech at the Parliamentary hearings in the State Duma. – [Electronic resource]. – Access mode: http://narodosnova.ru/2018/04/tsifrovayakonomika-i-riskitsifrovoj-kolonizatsii.html (date of access: 03/02/2022).
8. Brief description of the state of crime in the Russian Federation for January-June 2021. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/25094008.
CRIMINAL LAW
SEMYONOV Vladimir Vladimirovich
cadet of the Prosecutorial and Investigative Faculty of the Military University
FEATURES OF CARRYING OUT OPERATIONAL INVESTIGATIVE MEASURES FOR THE DISCLOSURE AND INVESTIGATION OF CRIMES RELATED TO THE LEGALIZATION (LAUNDERING) OF CRIMINALLY OBTAINED FUNDS
This article discusses the essence of operational-search measures for the purpose of disclosing and investigating crimes provided for by articles 174 and 174.1 of the Criminal Code of the Russian Federation. The author focuses on the study of objects and documents, making inquiries, as types of operational-search activities that are most actively used in the fight against the legalization (laundering) of money obtained by criminal means. In conclusion, the publication proposes a set of legislative and organizational measures, including the creation of an Interdepartmental Commission on Combating the Legalization (Laundering) of Money Produced by Crime and the introduction of criminal liability for failure to report planned or ongoing crimes that are aimed at legalizing (laundering) money obtained by criminal means.
Keywords: money laundering, money laundering, criminal way, operational investigative measures, economy.
Reference bibliographic list
1. Criminal case No. 1-29/2021 // Prikubansky District City Court of Krasnodar.
2. Criminal case No. 1-700/2015 // Levoberezhny District Court of Voronezh.
CRIMINAL LAW
CHALAEV Murad Alievich
student of the Academy of Management of the MIA of Russia
ON THE ISSUE OF CRIMINAL POLICY DURING THE PANDEMIC
This article provides a detailed analysis of the criminal policy pursued by the state during the pandemic aimed at combating criminal threats to national and public security. In the work, the author studied the changes made to the Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation, on the basis of which conclusions were drawn about the main features of the criminal policy implemented during this period.
Keywords: criminal policy, article, Criminal Code of the Russian Federation.
Reference bibliographic list
1. Modern criminal policy: the search for an optimal model: Proceedings of the VII Congress of Criminal Law (May 31 – June 1, 2012). – M.: Prospekt, 2012. – S. 664.
2. Golikova A. V., Kovlagina D. A., Ponomarenko E. V. Pandemic crisis and criminal policy: expert assessment of legislative innovations // Bulletin of the Saratov State Law Academy. – 2021. – No. 4 (141). – S. 124.
3. Baal N. B. Extremism as a threat to the national security of the state // Russian investigator. – 2020. – No. 12. – S. 47.
4. Lopashenko N. A. Compositions of crimes with administrative prejudice – “friends among strangers”? // Russian investigator. – 2022. – No. 5. – S. 52.
5. Skripchenko N. Yu. Criminal liability for the illegal implementation of activities to provide consumer loans (loans): analysis of legislative novels // Banking law. – 2022. – No. 1.- S. 74.
CRIMINAL LAW
YAKHYAEV Magomedsalam Yusupovich
magister student of the 2nd course of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MAGDILOV Nurmagomed Magomedovich
lecturer of Criminal process sub-faculty of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
OFFICIAL CRIME OF EMPLOYEES OF THE FISCAL SERVICE AND THE MAIN DIRECTIONS FOR THEIR PREVENTION
The article provides a comprehensive analysis of official crimes committed by employees of tax authorities, identifies their causes, and develops possible methods of counteraction. Criminal law interference in the activities to ensure the optimal development of tax processes is increasingly used in many countries of the world. At the same time, the volume of crime in the tax system is constantly growing, and the problems of combating it are becoming more complicated.
Keywords: official crimes, tax authorities, tax crimes, prevention.
Reference bibliographic list
1. Grigoriev VN The concept of an official in criminal law. – Yekaterinburg, 2011. – 350 p.
2. Statistics and analytics: statistics for 2019-2021 // Official site of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: http://mvd.ru/Deljatelnost/statistics/reports (date of access: 10.10.2022).
3. Ivanov M. G. Service and economic crime: criminological and criminal law aspects. – Nizhny Novgorod, 2012. – 270 p.
4. Revyakin MN Criminal law and criminological measures to counteract crimes committed by officials. – Rostov-on-Don, 2014. – 378 p.
CRIMINAL PROCESS
ALYMOV Dmitriy Vladimirovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Southwest State University, Kursk
LYASKOVETS Andrey Vladimirovich
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Southwest State University, Kursk
ANALYSIS OF PROBLEMATIC ASPECTS OF PRESENTATION TACTICS FOR IDENTIFICATION
The article is dedicated to the analysis of the most problematic aspects of the tactics of production of presentation for identification.
The main directions of improving the tactics of presentation for identification are proposed, taking into account the practice of previous years, as well as relying on modern scientific achievements and socio-legal realities.
The article analyzes various scientific approaches to the formation of tactical and forensic means and methods of production of presentation for identification, taking into account the characteristics of identifiable objects, as well as the significance of information about them, based on the circumstances to be established during the investigation of a criminal case.
The authors are convinced that the development of scientific and practical bases of the tactics of presentation for identification contributes to a clear understanding of the essence of this investigative action, as well as the significance of its conduct in order to obtain high-quality criminalistically significant information for solving general and particular investigation tasks.
Keywords: identification, presentation for identification, identity, forensic tactics, tactical technique.
Reference bibliographic list
1. Makhlis M. A. Presentation tactics for the identification of living persons: problems and ways to solve them // Scientific almanac. 2015. No. 11-4 (13). pp. 476-480.
2. Fedoseev K. V., Malyutina. Tactics of presentation for identification, investigative experiment and verification of testimony on the spot. Features of conducting in the conditions of the penal system // Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. 2019. No. 3 (34). pp. 69-72.
3. Matveychev Yu. A. Objects and purpose of presentation for identification: debatable issues in the criminal process and criminalistics // Bulletin of the Polotsk State University. Series D. Economic and legal sciences. 2017. No. 14. P. 164-166.
4. Shikanov V. I. Theoretical foundations of tactical operations in the investigation of crimes. Irkutsk: Publishing House of Irkutsk University, 1983. 200 p.
5. Sokolova O. A. Use of diagnostic information during examination and presentation for identification of living people and corpses // Lex Russica (Russian law). 2015. V. 102. No. 5. S. 75-84.
6. Ginzburg A.Ya. Tactics of presentation for identification. M.: “Legal Literature”, 1971. 63 p.
7. Baryshnikov K. V. Chervyakov M. E. Tactical features of presenting a corpse for identification // Epoch of Science. 2018. No. 15. S. 6-9.
8. Buryka D. A. Legal, organizational and tactical bases of presentation for identification: dis. … cand. legal nauk., M.: Moscow University of the Ministry of Internal Affairs of Russia, 2005. 235 p.
9. Tsvetkov P.P. Presentation for identification in the Soviet criminal process see. Leningrad: Publishing House of the Leningrad University, 1962. 114 p.
10. Shukhnin M. N. Unidentified corpse. Identification. M.: Yurlitinform, 2006. 224 p.
CRIMINAL PROCESS
BAYRAMOV Ramzi Radzhabovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
BELOUSOVA Evgeniya Alexeevna
Ph.D. in Law, Head of Criminal law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
GABDULKHAKOV Marsel Faniljevich
LL.B, competitor for a master’s degree of the MGIMO (U) of the MFA of Russia
ON THE ISSUE OF ELECTRONIC EVIDENCE
The paper presents a criminal procedural analysis of the concepts of “evidence” and “electronic evidence”, in particular. The features of the seizure of electronic media, the issues of their relevance and admissibility are considered. The points of view of a number of scientists regarding the issue of secrecy of correspondence are analyzed. The principles of working with electronic evidence in the form of computer information developed by The International Organization for Cooperation in Evaluation (IOCE) are considered. Weaknesses inherent in electronic evidence are highlighted. It is concluded that due to the unsettled practice of involving electronic evidence in criminal proceedings, there may be a violation of the rights of participants in the criminal process when using this type of evidence.
Keywords: evidence, electronic evidence, physical evidence, information carrier, privacy of correspondence, operational-search measure.
Reference bibliographic list
1. Ermakova E. S., Dzhumangalieva D. M. Electronic evidence as a new direction in the practice of investigating crimes // Young scientist. – 2018. – No. 23 (209). – S. 85-87. – [Electronic resource]. – Access mode: https://moluch.ru/archive/209/51196/ (date of access: 10.12.2020).
2. Voronin M. I. Electronic evidence in the Code of Criminal Procedure: to be or not to be? // LEX Russica. – 2019. – No. 7 (152). – S. 79.
3. Voronin M. I. Inadmissible admissibility of electronic evidence. Judicial practice and gaps in the Code of Criminal Procedure // Criminal Procedure. – 2020. – No. 10. – P. 46-67.
4. Gavrilin Yu. V. Electronic media in criminal proceedings // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (44). – P. 47-48.
5. Konin VV Derivative evidence in criminal proceedings // Lawyer. – 2016. – No. 6. – P. 5-8.
6. Klevtsov K. K. Correspondence in messengers as evidence. Ways of obtaining information // Criminal process. – 2020. – No. 10. – P.42-45.
7. Arkhipova N. A. Tactics of inspection and seizure of electronic messages transmitted over telecommunication networks // Law and Law. – 2018. – No. 6. – P. 132-235.
8. Sokolov Yu. N. Seizure of electronic messages, their inspection and seizure // Russian investigator. – 2020. – No. 10. – P. 38-41.
9. Lashkin F. G. How a lawyer works with digital evidence in criminal defense // Criminal process. – 2020. – No. 10. – P. 56-67.
10. Yakovlev A. N. Legal status of legal information extracted from computer and mobile devices: “e-mail” // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2014. – No. 4. – P. 46.
11. Klevtsov K., Kvyk A. Seizure and inspection of information located in the electronic memory of subscriber devices // Legitimacy. – 2020. – No. 12. – P. 58-60.
12. Zuev S. V. [et al.] Electronic evidence in criminal proceedings: a textbook for universities / Editor-in-chief S. V. Zuev. – M .: Yurayt Publishing House, 2020. – 193 p.
13. Pastukhov P. S. On the development of criminal procedural proof using electronic evidence // Seventh Perm Congress of Legal Scientists: Sat. scientific Art. – M., 2017. – S. 558-566.
CRIMINAL PROCESS
BAMMATOV Abdulzhapar Bammatovich
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alekseevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE TIME LIMITS OF THE NORMS OF THE GENERAL PART OF THE CRIMINAL CODE
The article deals with the actual issue of the operation of the criminal law in time. The issue of applying the new and old criminal law in relation to the person who committed the crime is being considered. It must be remembered that this issue is resolved depending on the availability of conditions that improve the situation of the person who committed the crime.
Keywords: criminal law, norm, action in time, norms that improve the situation, norms that worsen the situation.
Reference bibliographic list
1. Ivanov N. G. Reverse force of the criminal law // Criminal law. 2012. No. 5.
2. Reshnyak M. G. On some principles of the operation of the criminal law in time // Russian justice. 2014. No. 8.
3. Tarkhanov I. A. Criminal law in various legal systems // Uchenye zapiski Kazanskogo universiteta. Humanities series. 2020. V. 162. S. 161-176.
CRIMINAL PROCESS
VALYULIN Ruslan Rashitovich
lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ON THE ASSESSMENT OF THE SUBJECT OF PLEDGE, ITS CONTENT, ITS MANAGEMENT AND ENSURING ITS SAFETY, IN ACCORDANCE WITH ART. 106 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The article is dedicated to the study of such a promising preventive measure as bail. Due to the partially blanket nature of Part 3 of Art. 106 of the Code of Criminal Procedure of the Russian Federation, referring to the decree of the Government of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the decree of the Plenum of the Supreme Court of the Russian Federation, and a number of other regulatory legal acts, the author analyzed the decree of the Government of the Russian Federation of 13.07.2011 No. 569 “On approval of the Regulation on the assessment, content of the subject of pledge in a criminal case , managing it and ensuring its safety ”. In the study of the assessment procedure, the content of the subject of pledge, its management and ensuring its safety, the heterogeneity of the legal nature of these provisions was revealed, these procedures are “saturated” with civil law relations. content Directly for bail, as a preventive measure, the provisions of the Government of the Russian Federation of July 13, 2011 No. 569 have significant procedural significance.
Keywords: pledge, decree of the Government of the Russian Federation, assessment, content of the subject of pledge, its management and ensuring its safety, legal basis, legal nature.
Reference bibliographic list
1. Bulatov B. B., Nikolyuk V. V. Medical examination of the accused to establish a disease that prevents his detention // Laws of Russia. 2020. No. 7. S. 63-69.
2. Report on the work of the courts of general jurisdiction in the consideration of criminal cases in the first instance. [Electronic resource]. – Access mode: http://www.cdep.ru/userimages/sudebnaya_statistika/2021/F1-svod_vse_sudy-2020.xls.
3. Decree of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41 “On the practice of applying by courts of legislation on preventive measures in the form of detention, house arrest and bail” // Rossiyskaya Gazeta. No. 294. 12/27/2013.
4. Decree of the Government of the Russian Federation of July 13, 2011 No. 569 “On approval of the Regulations on the assessment, content of the subject of pledge in a criminal case, its management and ensuring its safety” // Collected Legislation of the Russian Federation. 07/18/2011. No. 29.
5. Federal Law of the Russian Federation of July 29, 1998 No. 135FZ “On appraisal activities in the Russian Federation” // ATP “ConsultantPlus”.
CRIMINAL PROCESS
GRISHIN Dmitry Alekseevich
doctoral student of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
ANTIPOV Andrey Yurjevich
senior lecturer of Regime organization and supervision at the UIS sub-faculty of the Academy of the FPS of Russia
DIGITALIZATION OF CRIMINAL PROCEEDINGS AS A GUARANTEE OF THE LEGALITY OF INDIVIDUAL INVESTIGATIVE ACTIONS
The article deals with the problems of ensuring the legality of procedural activities at the pre-trial stages of criminal proceedings. Attention is drawn to ensuring the legal status of an individual in the course of investigative actions in the conditions of digitalization of criminal proceedings. The author identifies a number of tasks that can be solved through the intensive use of digital technologies.
Keywords: the principle of legality, the legal status of the individual, human rights and freedoms, digitalization of criminal proceedings.
Reference bibliographic list
1. Pechnikov G. A., Blinkov A. P. On formal and objectively true legality in criminal proceedings
// Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46).
2. Grishin D. A. Ensuring the legality of using the results of operational-search activities in the process of proving in criminal cases on crimes of corruption. Eurasian Law Journal. – 2018. – No. 9 (124).
3. Dolgov A. M. Achieving the appointment of criminal proceedings in the conditions of digitalization of the criminal process // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1 (23). – S. 56-59.
4. Pobedkin A. V. Ethical and axiological risks of the fashion for digitalization for criminal proceedings (on the fallacy of the technological approach to the criminal process) // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 50-55.
5. Yanin M. G. On the issue of appealing procedural actions and decisions at the pre-trial stages of the criminal process // Bulletin of the Chelyabinsk State University. – 2008. – No. 2 (103).
– pp. 123-128
6. Luginets E.F. “Procedural freedom” in the implementation of the legal institution of petitions and complaints in criminal proceedings // Yurist-Pravoved.
– 2018. – No. 1 (84). – S. 22-26.
CRIMINAL PROCESS
GRYAZEVA Nadezhda Viktorovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Samara Law Institute of the FPS of Russia
ON THE ISSUE OF LEGAL REGULATION OF THE VERIFICATION OF REPORTS OF CRIMES AND INCIDENTS IN INSTITUTIONS OF THE PENAL SYSTEM
The article examines the issues of regulatory regulation of law enforcement activities of employees of the penal enforcement system related to the verification of reports of crimes and incidents. The study of the legal basis of the activity in question allowed us to identify some gaps, the filling of which was the purpose of this work and implemented in it. Based on the analysis of the results of the interviews of the employees of the UIS, a problem related to the need for methodological support of the law enforcement activity under study has been identified. In addition, there is a need to bring the Instruction in accordance with the norms of the Criminal Procedure Code of the Russian Federation in terms of removing from its text the reference provisions to Article 476 of the Criminal Procedure Code of the Russian Federation, which contained a list of forms of procedural documents of pre-trial proceedings, as invalid. We believe that this will contribute to the efficiency, completeness and comprehensiveness of the verification of reports of crimes and incidents in the institutions of the penitentiary department.
Keywords: crime report, incident report, penal enforcement system, accounting and registration discipline, body of inquiry.
Reference bibliographic list
1. Forensic support of anti-corruption activities in the penitentiary system of Russia: textbook / V. N. Bodyakov et al. – Vladimir: VYuI FSIN of Russia, 2015. – 184 p.
CRIMINAL PROCESS
IVANUSENKO Yuliya Borisovna
lecturer of Preliminary investigation sub-faculty of the Educational and scientific complex on preliminary investigation in the internal affairs bodies of the Volgograd Academy of the MIA of Russia
PROCEDURAL SIGNIFICANCE AND TACTICAL FEATURES OF THE EXAMINATION OF PHYSICAL EVIDENCE
The article analyzes the main aspects of examining objects (documents) as a separate investigative action. We are talking about items that have retained traces of the crime, and which in the future may be the object of inspection. During the inspection, the appearance, purpose, individual signs, defects and features are established, but signs are especially noted that indicate the connection of the object with the crime. Further in the article, the procedure is given, as well as the tactical features of the production of inspection of objects (documents), it is indicated that in some cases it is advisable to involve a specialist in the examination of objects, but this depends on the category of the object and the current investigative situation.
Keywords: inspection, investigator, crime, specialist, subject, object, proof.
Reference bibliographic list
1. Bastrykin A. I. Criminalistics. Technique, tactics and methods of crime investigation: Nauch.- prakt. allowance 3rd ed., revised. and additional – St. Petersburg: Prospect, 2011. – S. 275.
2. Code of Criminal Procedure of the Russian Federation. – M.: Omega-L, 2022.
3. Biryukov S. Yu. “Activity of the investigator at the scene: procedural and organizational aspects” // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48).
CRIMINAL PROCESS
KUBANOV Valeriy Viktorovich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Samara Law Institute of the FPS of Russia
Cherezov Alexander Valentinovich
lecturer of Criminal process and criminalistics sub-faculty of the Samara Law Institute of the FPS of Russia
ABOUT PROCEDURAL MEANS OF CHECKING MESSAGES ABOUT CRIMES
The article analyzes the issues of improving the procedural means of verifying reports of crimes and incidents. The theoretical and applied aspects of the appointment and conduct of forensic examination; the production of inspection of the scene, objects, documents and a corpse; the requirements for the production of research of documents, objects, corpses; sending instructions to the body of inquiry to conduct operational search activities. The procedural nature of the claim of documents or objects and their seizure in the manner prescribed by the Code of Criminal Procedure of the Russian Federation is considered.
Keywords: verification of crime reports, forensic examination, investigative examination, examination of objects and documents, body of inquiry, operational search measures, investigative actions.
Reference bibliographic list
1. Forensic examinations in criminal proceedings: a textbook for universities / N. N. Ilyin [and others]; executive editor N. N. Ilyin. – Moscow: Yurayt Publishing House, 2022. – 212 p.
2. 2. Gryazeva N. V. The use of special knowledge when checking reports of crimes in institutions of the penitentiary system // Penitentiary security: national traditions and foreign experience Proceedings of the All-Russian Scientific and Practical Conference. Samara Law Institute of the Federal Penitentiary Service of Russia. – Samara, 2022.
– S. 56-57.
CRIMINAL PROCESS
KOBLEVA Mariya Mukhadinovna
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Rostov branch of the Russian State University of Justice
DARASELIA Elizabeth Vasiljevna
magister student of the 3rd course of the Rostov branch of the Russian State University of Justice
THE USE OF RESTORATIVE MEDIATION TECHNOLOGIES IN WORK WITH A JUVENILE DELINQUENT
The relevance of this article stems from the need to use restorative and mediative techniques in working with juveniles. This article is relevant because of the need to use restorative and mediative techniques in juvenile work. Various ways of the most productive interaction with a juvenile offender with the help of restorative-mediative technologies are proposed.
Keywords: minors, conflict, obstacles, restorative mediation techniques, mediation.
Reference bibliographic list
1. Belkina V. N. Child psychology. Interaction with peers: textbook for universities. ˗ 2nd ed., revised. and additional ˗ Moscow: Yurayt Publishing House, 2022. ˗ P. 30.
2. Miklyaeva A. V., Rumyantseva P. V., Tumanova E. N. School mediation: theoretical and methodological foundations. – Moscow: SVIVT, 2016. – S. 15-20.
3. Konovalov A. Yu. School reconciliation service and restorative culture of relationships: a practical guide / Under the general editorship of Karnozova L. M. – Moscow: MOO Center “Judicial and legal reform”, 2014. – P. 200-202.
CRIMINAL PROCESS
KOZLOV Vyacheslav Viktorovich
lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ISSUES OF THE IMPLEMENTATION OF THE RIGHTS OF PERSONS INVOLVED IN THE PRODUCTION OF PROCEDURAL ACTIONS WHEN CHECKING A REPORT OF A CRIME
The article deals with issues related to the clarification and provision of the rights of persons involved in the production of procedural actions when checking a report of a crime. Questions are raised regarding the scope of the rights of certain categories of persons, the problems of their implementation in the production of certain investigative actions. The author points out the need to improve legal regulation and law enforcement practice in order to implement the constitutional principles of protection and protection of human and civil rights and freedoms at the stage of initiating a criminal case.
Keywords: verification of a crime report, the stage of initiating a criminal case, clarification and enforcement of rights, participants in criminal proceedings.
Reference bibliographic list
1. Zebnitskaya A. K. The right to apply for thisne check reports about the crime // Russian investigator. – 2019. No. 6. – S. 30-33.
2. Kalnitsky VV On investigative actions at the stage of initiating a criminal case // Legislation and practice. – 2015. – No. 1. – S. 69.
3. Kozlov VV On the issue of ensuring the right to defense at the stage of initiating a criminal case // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (39). – S. 141-143.
4. Ryapolova Ya. P. Production of investigative actions during the verification of a crime report: systemic contradictions of the criminal procedure law // Russian investigator. – 2021. – No. 5. – S. 21-25.
5. Ryapolova Ya. P. Criminal procedural activity at the stage of initiating a criminal case: Monograph. – Kursk: CJSC “Universitetskaya kniga”, 2016. – P. 47.
6. On Amendments to Articles 62 and 303 of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation [Electronic resource]: Federal Law of March 4, 2013 No. 23-FZ. Access from the reference-legal system “ConsultantPlus”.
7. On some issues arising when considering cases on awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time. [Electronic resource]: resolutions of the Plenum of the Supreme Court of the Russian Federation dated March 29, 2016 No. 11. Access from the reference legal system “ConsultantPlus”.
8. About practice of application by courts of the legislation providing the right to protection in criminal legal proceedings. [Electronic resource]: Decree of the Plenum of the Supreme Court of the Russian Federation of 06/30/2015 No. 29 Access from the reference legal system “ConsultantPlus”.
9. On the refusal to accept for consideration the complaint of citizen Smirnova Valentina Mikhailovna about the violation of her constitutional rights by the provisions of the Code of Criminal Procedure of the Russian Federation. [Electronic resource]: Determination of the Constitutional Court of the Russian Federation of November 17, 2011 No. 1555-О-О. Access from the reference-legal system “ConsultantPlus”.
10. In the case of the verification of the constitutionality of the third part of Article 6.1 of the Code of Criminal Procedure of the Russian Federation in connection with the complaint of citizen B. A. Sotnikov. [Electronic resource]: Resolution of the Constitutional Court of the Russian Federation of June 13, 2019 No. 23-P.
11. At the request of the Volgograd Garrison Military Court to verify the constitutionality of Part 8 of Article 42 of the Code of Criminal Procedure of the Russian Federation. [Electronic resource]: Determination of the Constitutional Court of the Russian Federation dated 18.01.2005 No. 131-O. Access from the reference-legal system “ConsultantPlus”.
CRIMINAL PROCESS
KOSAREVA Irina Andreevna
lecturer of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
EVIDENTIARY VALUE OF THE TESTIMONY OF A PERSON AGAINST WHOM A CRIMINAL CASE HAS BEEN SEPARATED INTO A SEPARATE PROCEEDING IN CONNECTION WITH THE CONCLUSION OF A PRE-TRIAL COOPERATION AGREEMENT WITH HIM
The author discusses the nature and significance of the testimony received from a person against whom a criminal case has been separated into a separate proceeding in connection with the conclusion of a pre-trial cooperation agreement with him. Like any information relevant to the investigation of a criminal case, they must be obtained legally and recorded in accordance with the procedure established by the criminal procedure legislation. However, there are still discussions about whether the testimony of the participant mentioned earlier belongs to any source of evidence presented in the law. In this connection, there is a need to consolidate them in Article 74 of the Criminal Procedure Code of the Russian Federation, as an independent source of evidence.
Keywords: evidence, testimony, pre-trial cooperation agreement, a person against whom a criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him.
Reference bibliographic list
1. Azarenok N. V. Evolution of the criminal procedural proof of the guilt of a person in the “main” criminal case when concluding a pre-trial agreement on cooperation (on the occasion of the 10th anniversary of the entry into force of Chapter 40.1 of the Criminal Procedure Code of the Russian Federation) // Criminal Law. – 2019. – No. 4. – S. 118-123.
2. Ashirbekova M. T. Procedural centaur: “interested convict” // Criminal proceedings. – 2018. – No. 1. – S. 16-20.
3. Golovko L. V. The course of the criminal process / Ed. Doctor of Law, Prof. L. V. Golovko. – M.: Statute, 2016. – 1276 p.
4. Pobedkin A. V. Neither the accused nor the witness: the creation of “existing without need” // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (82). – S. 47-54.
CRIMINAL PROCESS
KRAINSKY Alexander Vladimirovich
lecturer of Traceology and ballistics sub-faculty of the Educational and scientific complex for expert criminalistic activity of the Volgograd Academy of the MIA of Russia
SOME ASPECTS OF CONDUCTING AND EVALUATING THE RESULTS OF AN EXPERT EXPERIMENT IN THE FORENSIC EXAMINATION OF EDGED AND THROWING WEAPONS
The paper considers the issue of the influence of the subjective side on the conclusion of an expert study of the forensic examination of cold steel and throwing weapons during the stage of the expert experiment and a qualified assessment of its results.
Taking into account the considered features, forensic experts, when conducting forensic examinations of edged and throwing weapons, with a competent approach to conducting the stage of the expert experiment and its evaluation, will significantly increase the quality, reliability and scientific validity of their research.
Keywords: forensic examination, edged weapons, expert experiment, impact-crushing weapons.
Reference bibliographic list
1. Typical expert methods for the study of physical evidence [Electronic resource]: textbook. allowance. Part 1 / Ed. Yu. M. Dildina. – M.: EKTs MVD RF, 2011. – 568 p. – Access from the EC library of the VA of the Ministry of Internal Affairs of Russia. – pdf.
CRIMINAL PROCESS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and scientific complex for preliminary investigation in the internal affairs bodies of the Volgograd Academy of the MIA of Russia
BEZVERKHOVA Svetlana Viktorovna
senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
ACTUAL ASPECTS OF THE USE OF SPECIAL PHONOSCOPIC KNOWLEDGE IN CRIMINALISTICS AT THE PRESENT STAGE
This article discusses the problematic issues of the use of special phonoscopic knowledge at the present stage, as criminalistically significant information. Digitalization of modern society, of course, greatly facilitates human life. However, at the stage of investigation of various categories of crimes, the refusal of participants in criminal proceedings from the traditional fixation of information in written documents leads to certain problems with the identification and diagnosis of speech phonograms and videos, on which increasingly such information is recorded. The law establishes a clear framework for its use as evidence in criminal proceedings. The study of phonograms of oral speech occurs through the production of phonoscopic examination and not infrequently its conclusion becomes the only material evidence.
Keywords: phonoscopic examination, forensic activity, neural networks, signs of voice, speech, programmers, sound trace, fraud, criminal investigation.
Reference bibliographic list
1. Galyashina E. A. Audio and video recordings as a result of the ORD: problems of forensic support for verification of evidence // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2015. – No. 17.
2. Judgment of the Kurgan City Court dated November 27, 2020 in case No. 1-1205/2020. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ZzOoJpbKQd1c/?regular-txt=%/
3. Cheboganov AI The value of phonoscopic examinations for the disclosure and investigation of crimes // Actual problems of jurisprudence. – 2020. – No. 2 (66). – S. 40.
4. Sentence of the Dzerzhinsky District Court of Novosibirsk No. 1-102/2020 dated July 23, 2020 – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/KShVPgfkKVU7///
5. Kravets E. G. Modern possibilities of accumulation, transmission and analysis of information significant for the investigation of crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 2 (13). – S. 72-78.
6. Materials of the criminal case No. 312255 Investigative practice of the Main Directorate of the Ministry of Internal Affairs for the city of Volzhsky, Volgograd Region, 2018.
7. Ivanov V. Yu. Modern challenges of phonoscopic research and ways to solve them // Technologies of the XXI century in jurisprudence: Proceedings of the Second International Scientific and Practical Conference, Yekaterinburg, May 22, 2020 / Edited by D. V. Bakhteev. – Yekaterinburg: FGBOUVO “Ural State Law University”, 2020. – P. 562.
8. Fedunenko E. Vera Voice will synthesize the voices of celebrities // Newspaper “Kommersant” 2019. 29 Oct. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4141779 (date of access: 10/20/2021).
9. Kuzurgashev E. G. On the issue of the features of the appointment and production of phonoscopic examination // Modern patterns and trends in the development of the sciences of the criminal cycle: Proceedings of the international scientific conference, Krasnoyarsk, December 05, 2019 / Ed. for the issue of V. L. Bopp, E. A. Erakhtin. – Krasnoyarsk, 2020. – P. 252.
10. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – S. 116-121.
CRIMINAL PROCESS
PETUKHOVA Zhanna Petrovna
lecturer of Criminal process sub-faculty of the East Siberian Institute of the MIA of Russia
LAW ENFORCEMENT FEATURES OF THE INVESTIGATION OF CRIMINAL CASES AND THE SUSPENSION OF THE PRELIMINARY INVESTIGATION
The subject of the study is the norms of criminal procedure legislation aimed at considering the problem of proof in criminal cases related to theft of livestock and making a legal decision based on the results of the prelimination investigation. The object of the study is the activities of employees of the internal affairs bodies, aimed at the formation of an evidence base in criminal cases. The novelty of the work is determined by the need to improve the methodology for interrogating victims and witnesses in the investigation of this type of crime, systematizing the knowledge gained during the preliminary investigation when deciding to suspend the preliminary investigation. The main conclusions of the study are: the need to establish minimum requirements for describing the content of the protocol of interrogation of the victim and the witness, in order to record operationally significant information in order to identify all those involved in the theft of livestock.
Keywords: suspension of the preliminary investigation, non-identification of the person, cattle, skin, animal meat.
Reference bibliographic list
1. Fokin A. P. Investigation of cattle thefts. – M., 1973. – S. 10.
2. Khanov T. A. Actions of the investigator on the received statement, report on the theft of cattle // Actual problems of the humanities and natural sciences. – 2016. – No. 10-2. – S. 73-81.
3. Gadzhiev V. E. The value of forensic characteristics in the process of formation and use of recommendations for the detection and investigation of cattle theft // Law and Politics. – 2009. – No. 8. – S. 1750-1754.
CRIMINAL PROCESS
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Leningrad region, Gatchina
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Leningrad region, Gatchina
PROBLEMS OF LEGAL REGULATION OF SPECIFIC INVESTIGATIVE ACTIONS
The article is dedicated to the actual problems of legal regulation and the implementation of the tasks of such an investigative action as a confrontation. The gaps of the current criminal procedure legislation regulating the procedural procedure for the production of a confrontation, the patterns of adversarial activity of the parties during the confrontation, as well as the criteria for the materiality of contradictions that serve as the basis for its production in criminal proceedings are investigations. Improving the legal regulation of the goals and objectives of the confrontation and the procedure for its production will increase its effectiveness, expand the tools of the criminal prosecution body, increase the range of possibilities of the protection function, increase the effectiveness of the procedure for implementing the tasks of the criminal process.
Keywords: investigator, preliminary investigation, investigative action, confrontation, gap, testimony, interrogation.
Article-by-article bibliographic list
1. Smirnova P. V. Separate errors in the production of investigative actions that affect the quality and completeness of the investigation // Young scientist. – 2020. – No. 23 (313). — S. 293-295.
2. Khorsheva V.S. On some aspects of the interaction of the investigator, interrogating officer with the operational units of the internal affairs bodies // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. –
No. 1 (48). – 2018. – S. 166-173.
3. Stelmakh V. Yu. Procedural, tactical and psychological aspects of confrontation // Legal science and law enforcement practice. – 2016. – No. 2 (36). – S. 99-109.
4. Naryadchikov VN Problematic moments in the practice of confrontation: procedural aspects // Siberian criminal procedure and forensic readings. – 2019. – No. 1 (23). – S. 108-113.
CRIMINAL PROCESS
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
MASLENNIKOVA Ekaterina Aleksandrovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
INVESTIGATIVE PRACTICE OF OBTAINING EVIDENCE IN CRIMINAL CASES OF CRIMES RELATED TO ILLICIT DRUG TRAFFICKING
Investigative practice and criminology have developed a sufficient number of recommendations for collecting evidence in cases of crimes related to illicit drug trafficking. The complexity of the process of rendering criminal cases in this category lies in the fact that it is difficult to collect evidence in a transparent way. Basically, the evidence is formed by conducting an ORM, where the results of the ORM are issued as evidence. There is no victim in this category of cases, crimes are committed, most often, by organized criminal groups, the subject of the crime is a narcotic drug. The appointment of forensic examinations is mandatory in the case.
Keywords: collection of evidence, search, fixation, certification of information, investigation of a criminal case, illegal drug trafficking.
Reference bibliographic list
1. Bochinin S. A. Collecting evidence in investigative actions // Actual problems of Russian law. – 2011. – No. 1. – S. 248.
2. Borodkina T. N. Provision of evidence or information by a defense counsel in a criminal case? // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No.
5. – P. 15. doi: 10.24411/2073-0454-2019-10244.
3. Deinis D. V., Voronin S. E. To the question of the peculiarities of proof in cases of illegal drug trafficking // Epoch of Science. – 2018. – No. 14.
– S. 62.
4. Belov V. A. Features of collecting evidence in criminal cases on drug trafficking
// Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2015. – No. 3. – S. 122.
5. Bravilova E. A. Evidentiary value in the criminal case of objects and documents seized during the implementation of operational-investigative, administrative and other types of activities // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2017.
– No. 4. – S. 43.
6. Vasyukov V. F., Semenov E. A. Some problems of obtaining and using digital information in the investigation of criminal cases // Bulletin of the Tula State University. Economic and legal sciences. – 2016. – No. 3-2. – S. 204.
7. Lyutynsky A. M. On the procedure for declaring evidence inadmissible in Russian criminal proceedings // Russian Journal of Education and Psychology. – 2015. – No. 7 (51). – S. 226.
CRIMINAL PROCESS
PRYS Evgeniy Vladimirovich
Ph.D. in Law, professor, professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
PRELIMINARY INVESTIGATION AS THE MOST IMPORTANT MEASURE TO PREVENT ECONOMIC CRIMES COMMITTED BY OFFICIALS
The article discusses the issues of preliminary investigation as the most important institution for the prevention of crimes in the field of prevention of crimes in the field of economics committed by officials. The state of official crimes in the sphere of economy is determined, their dynamics is analyzed. Features of the legal status of the subject of the crime and the application to it of a special procedure for conducting a preliminary investigation as a crime prevention measure are revealed. High efficiency of criminal procedural activity is the key to stability in the economy and in general in the development of the state.
Keywords: preventive measures, status, economy, crimes, preliminary investigation, officials, public relations.
Reference bibliographic list
1. Grishko L. E., Prys I. E. The personality of a convict for economic crimes: on the example of the personality of a convict for tax crimes // Man: crime and punishment. – 2018. – V. 26 (1-4). – No. 4. – P. 470
2. History of the world economy: Textbook / VZFEI; Ed. G. B. Polyak, A. N. Markova. – 3rd ed. – M.: UNITI, 2010. – S. 29.
3. Big encyclopedic dictionary / Ch. ed. A. M. Prokhorov. – 2nd ed., revised. and additional – M.: Bolshaya Ros. encycl.; St. Petersburg: Norint. 2009. – S. 24.
4. Big economic dictionary: 22000 terms / Ed. A. N. Azrilyana – 4th ed., revised. and additional – Moscow: Institute of New Economics, 1999. – S. 34
5. Grishko A. Ya. Criminal law. Tutorial. Legal. Institute of the Ministry of Internal Affairs of Russia. – M., 2001. – S. 54.
6. The problem of economic crime: (Interdisciplinary research experience): Monograph / G. K. Mishin; MIA Ros. Federation, Vseros. Research Institute. – M. VNII MVD., 1994. – S. 79.
7. Dmitriev O. V. Economic crime and counteraction to it in the conditions of the market economy system / Otv. ed. M. P. Kleymenov. – M.: Jurist, 2005. – S. 34.
8. Melnikova V. E. Responsibility of officials for crimes in the field of economic activity // Tasks and means of criminal law protection of socialist public relations. Collection of scientific papers. – Ed. VYUZI-M., 1983. – S. 109.
9. Kuznetsov A. P. Crimes in the sphere of economic activity: concept, place, classification // Investigator. – 1999. – S. 10.
10. Tretyakov Yu. V. Activities of the investigator to prevent crimes in the economy // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (18). – S. 80.
11. Kruchinina N. V. On the forensic support of the investigation of crimes in the sphere of economics // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 5. – 76 p.
12. Ishchenko E. P. Criminal law, criminal procedure and forensic problems of investigating crimes in the sphere of economic activity // Economic crime: problems of justice. – St. Petersburg: Publishing House of the Polytechnic. un-ta., 2015. – S. 91-99.
CRIMINAL PROCESS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FEATURES OF TACTICS OF DETENTION AND PERSONAL SEARCH DURING THE INVESTIGATION OF ILLICIT TRAFFICKING OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article discusses the specifics of the tactics of detention and personal search of a person when trying to deliver narcotic drugs and psychotropic substances to the territory of a penitentiary institution. Specific tactical techniques for detaining a suspected person, techniques and tactical recommendations for his personal search during the disclosure and investigation of a crime related to drug trafficking in a correctional facility are proposed.
Keywords: detention, personal search, convict, narcotic drugs, psychotropic substances, tactical reception, penitentiary institution.
Reference bibliographic list
1. [Electronic resource]. – Access mode: http: //www. stat. api-press.rf.
CRIMINAL PROCESS
KHABAROVA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Institute of State and Law of the Tyumen State University
NIKOLAEVA Darya Yurjevna
magister student of the Institute of State and Law of the Tyumen State University
THE EVIDENTIARY VALUE OF THE PRESENTATION PROCEDURE FOR IDENTIFICATION BY THE “GENERAL” IMAGE
In investigative practice, the procedure for presenting for identification raises questions. More often than others, such questions are related to the process of perception itself, since not all people manage to verbalize the previously perceived object of identification in such a way that it would be possible to highlight the distinctive features and signs by which it will be possible to carry out identification in the future. Often, employees of the bodies conducting preliminary investigations resort to the identification procedure according to a “general” image. The article analyzes the researchers’ points of view regarding the process of recognition, the possibility of carrying out identification in the absence of a verbal description during interrogation of a previously perceived object, as well as ways to activate thought processes to obtain necessary and sufficient information during the previous identification interrogation. The conclusion is made about the significance of the information collected as a result of the presentation for identification by the “general” image, taking into account the legislation in force in the Russian Federation.
Keywords: identification, perception, recognition, “general” image, memory, interrogation, signs, verbal description
Reference bibliographic list
1. Alekseev A. M. On one debatable issue in the theory and practice of presentation for identification // Proceedings of the Higher School of the Ministry of Internal Affairs of the USSR. M.: NIIRIO MVD USSR, 1972. Issue. 34. S. 116-123.
2. Budyakova T. P. Psychological errors in identifying a person by face // Experimental psychology. 2017. V. 10. No. 2. S. 20-39.
3. Ginzburg A. Ya. Identification in investigative, operational-search and expert practice. M., 1996. 122 p.
4. Ivanova L. F. Some psychological recommendations during the presentation for identification, taking into account the procedural status of the identifying person // Bulletin of the South Ural State University. Series: Law, 2007. No. 18 (90). pp. 41-45.
5. Korukhov Yu. G. Presentation for identification at the preliminary investigation and in court. M., 1968. 30 p.
6. Kosmodemyanskaya E. E. Forensic aspects of presentation for identification: theory and practice // Scientific component. 2019. No. 1 (1). pp. 34-43.
7. Mazunin Ya. M. Features of interrogation tactics preceding presentation for identification // Siberian Legal Review. 2013. No. 2 (21). pp. 95-99.
8. Ratinov A. R. Forensic psychology for investigators: textbook. M., 1967. 290 p.
9. Romanov VV Legal psychology: Textbook. M.: Lawyer, 2002. 488 p.
10. Samoshina ZG Questions of theory and practice of presentation for identification at the preliminary investigation. M.: Publishing House of Moscow State University, 1976. 90 p.
11. Udalova L. D. Tactical and psychological bases of presentation for identification and reliability of its results. M., 2006. 189 p.
CRIMINAL PROCESS
SHAMSHINA Olga Sergeevna
lecturer of Preliminary investigation sub-faculty of the Educational and Scientific Complex on Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
SOME ASPECTS OF ON-SITE VERIFICATION OF READINGS
In the article, on the basis of legal and theoretical provisions, as well as the practical experience of investigative units, the features of the production of verification of testimony on the spot are considered, and its significance in the process of investigating crimes is also established . The problems arising during the verification of testimony on the spot are identified, and solutions are proposed by introducing amendments and additions to the criminal procedure legislation.
Keywords: investigator, investigative action, verification of testimony on the spot, testimony.
Reference bibliographic list
1. Gorkina E. V. Verification of testimony on the spot: unresolved problems // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – S. 121-126. – DOI 10.25724/VAMVD.DCDE.
2. Appeal ruling of the Belgorod Regional Court No. 22-1489 / 2020 dated December 23, 2020 // Internet resource “Judicial and regulatory acts of the Russian Federation” (SudAkt.Ru). [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/uTMJwQlzQ3YO/?regular-txt=®ular-case_doc=22-1489%2F2020+®ular-lawchunkinfo=®ular-date_from=®ular-date_to=®ular-workflow_stage=20®ular -area=1022®ular-court=®ular-judge=&_=1668662574951 (accessed 11/05/2022).
3. Ogorodnikova E. G., Trifonova K. A. Investigative experiment: forensic, psychological and criminal procedural aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (41). – S. 90-95.
CRIMINAL PROCESS
SHMATOV Vitaliy Mikhaylovich
Ph.D. in Law, associate professor, Head of Management of investigative activities sub-faculty of the Educational and Scientific Complex of Preliminary Investigation in The Internal Affairs of the Volgograd Academy of the MIA of Russia
ON SOME ASPECTS OF THE CRIMINAL PROCEDURAL RELATIONS OF THE INVESTIGATOR AND THE BODY OF INQUIRY
The article deals with the issues of criminal procedural relations between the investigator and the body of inquiry, his leadership in interaction, the reasons and conditions of interaction, the analysis of opinions and points of view of law enforcement officers on issues and problems related to this topic.
Keywords: interaction, investigator, operative, body of inquiry.
CRIMINAL PROCESS
SHUVALOV Dmitry Nikolaevich
PhD in Law, Associate Professor, Deputy Head of the Department of Organization of Investigative Work of the Volgograd Academy of the Ministry of Internal Affairs of Russia
TO THE QUESTION OF INTEGRATION OF CRIMINAL PROCEDURE AND CRIMINALISTIC KNOWLEDGE USED IN OVERCOMING OBSTACLE TO INVESTIGATION
The research approaches to the relations that develop between the investigator and the person participating in the production of the investigative action are considered. The forensic content of various forms of counteraction to the investigation is revealed.
Key words: conflict, situation, investigation, communication, investigator, encroachment, opposition, witness, victim.
SHUVALOV Dmitry Nikolaevich
Ph.D. in Law, associate professor, Deputy Head of Organization of investigative work sub-faculty of the Volgograd Academy of the MIA of Russia
TO THE QUESTION OF INTEGRATION OF CRIMINAL PROCEDURE AND CRIMINALISTIC KNOWLEDGE DURING THE INVESTIGATION
Research approaches to the relations between the investigator and the person participating in the production of the investigative action are considered. The forensic content of various forms of counteraction to the investigation is revealed.
Keywords: conflict, situation, investigation, communication, investigator, encroachment, opposition, witness, victim.
CRIMINAL PROCESS
ASKERKHANOVA Diana Yusupovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THEORETICAL FOUNDATIONS OF ENSURING THE RIGHT TO DEFENSE AT THE STAGE OF APPEAL PROCEEDINGS
The importance of the right to appeal in the Russian criminal process is due to the essence of the appeal – the possibility of a full review of the criminal case on both factual and legal grounds, which allows the court of appeal to identify and eliminate any mistake made during the trial of the case in the court of first instance.
Judicial statistics show that the inconsistency of the court’s conclusions set out in the verdict with the actual circumstances of the criminal case in the period 2015-2020 served as the basis for the cancellation of convictions on appeal in an average of 37% of cases, that is, every third canceled sentence contained an error in matters of fact.
Keywords: appeal proceedings, court of first instance, appeal, cassation.
Reference bibliographic list
1. Sidorova N.V. Appeal in the system of proceedings in the court of second instance in the criminal process of the Russian Federation. Dis. … for the academic competition. step. cand. legal Sciences. Tomsk, 2005. 249 p.
2. Vdovin S.A. The right to defense in criminal cases in the courts of appeal: tradition and modernity // Legislation and Economics. 2017. No. 2. S. 83-87.
3. Vdovin S.A. Ensuring the right to defense at the stage of appeal proceedings in a criminal case. Dis. … on scientific competition. step. cand. legal Sciences. Moscow, 2019. 274 p.
4. Appeal in criminal proceedings. Under the general editorship of Ershov V. V. Moscow, 2013. 315 p.
5. Melnikov V. Yu. Ensuring and protecting human rights in the application of measures of procedural coercion in pre-trial proceedings in the Russian Federation: dis. … doc. legal Sciences: 12.00.09. Moscow, 2014.285 p.
6. Trukhin S.A. The subject and limits of the appeal proceedings of criminal cases: dis. … cand. legal Sciences: 12.00.09. Moscow, 2016. 206 p.
CRIMINAL PROCESS
GRITSENKO Nikita Sergeevich
postgraduate student of the Siberian Federal University, Krasnoyarsk
THE CONCEPT OF COLLEGIALITY OF THE COMPOSITION OF THE COURT WHEN CONSIDERING CRIMINAL CASES
The article examines and critically evaluates the leading approaches to the definition of the concept of “collegiality of the composition of the court when considering criminal cases”. On the basis of an instrumental understanding of collegiality, the author proposes its original definition, according to which the collegiality of the composition of the court should be considered as an institution of criminal procedure legislation regulating general and special issues of consideration of criminal cases by courts within the framework of unique forms of procedural cooperation (combining the efforts of several persons involved in the administration of justice) for the issuance of lawful, reasonable and fair judicial acts on criminal cases.
Keywords: collegiality of the court, criminal proceedings, principles of criminal procedure, general conditions for the administration of justice, institute of law (legislation).
Reference bibliographic list
1. Aseeva E. A. The composition of the court in criminal proceedings: dis … cand. legal Sciences. – Irkutsk, 2009. – S. 17-18.
2. Balakshin V. S. Evidence in the theory and practice of criminal procedure proof (The most important problems in the light of the Code of Criminal Procedure of the Russian Federation): dis. … doc. legal Sciences. – Yekaterinburg, 2005. – 533 p.
3. Davletov A. A. Criminal proceedings of the Russian Federation: a textbook. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2017. – 314 p.
4. Davydov P. M. Principles of the Soviet criminal process. – Sverdlovsk: Sverdl. in-t im. A. Ya. Vyshinsky, 1957. – 51 p.
5. Dobrovolskaya T. N. Principles of the Soviet criminal process (questions of theory and practice). – M.: Yurid. lit., 1971. – 200 p.
6. Domchenko A. S. Public administration and strategic planning: on the issue of demarcation of management mechanisms // Russian Journal of Law. – 2020. – No. 3 (132). – S. 119-127.
7. Lupinskaya P. A. Review of sentences, rulings and decisions that have entered into force in the order of judicial supervision: textbook. allowance. – M.: VYUZI, 1978. – 52 p.
8. Morozova L. A. Theory of state and law: textbook. – M.: Eksmo, 2010. – 510 p.
9. Osintsev D. V., Domchenko A. S. Ontology of the creational legal process // Russian judge. – 2018. – No. 12. – S. 11-15.
10. Tarasov A. A. Legal and socio-psychological problems of combining individual and collegiate principles in the criminal process of the Russian Federation: author. dis. … doc. legal Sciences. – M., 2001. [Electronic resource]. – Access mode: http://dissertation2.narod.ru/avtoreferats6/av18.htm (date of access: 20.10.2022).
11. Fadeeva E. I. Collegiate composition of the court in the course of judicial proceedings in criminal cases: author. dis. … cand. legal Sciences. – Chelyabinsk, 2014. – 29 p.
12. Feldstein G. S. Lectures on criminal proceedings. – M.: Typolitography V. Richter, 1915. – 432 p.
CRIMINAL PROCESS
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
CLASSIFICATION AND TYPES OF EVIDENCE IN CRIMINAL PROCEEDINGS
In order for a judicial decision in a criminal case to comply with the principle of legality, be justified and reasoned, and, as a result, have legal force, it must be based on irrefutable, verified, accurate facts and evidence confirming the guilt or innocence of the defendant. Modern criminal procedure is characterized by various evidence, which have a number of differences. The article discusses the classification and types of evidence in criminal proceedings, analyzes the features inherent in certain types of evidence, reveals the signs and characteristics of certain types of evidence. The importance of the study of evidence in the context of the practical implementation of the proof procedure is updated.
Keywords: evidence, classification, varieties, proof procedure, criminal process.
Reference bibliographic list
1. Abdullaev R. R. Legal issues of collecting and using digital evidence in criminal proceedings // Review of law sciences. – 2020. – No. 1. – P. 241-244.
2. Gadzhieva M. A. Tasks and modern significanceinvestigative experiment // Education. The science. Scientific personnel. – 2021. – No. 2. – P. 113-114.
3. Stelmakh V. Yu. Classification of evidence: some theoretical and practical aspects // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 1. – P. 36-40.
CRIMINAL AND EXECUTIVE LAW
ASADOV Vatan Vagifovich
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Pskov branch of the Academy of the FPS of Russia
SELECTED ASPECTS OF INTERACTION OF CRIMINAL ENFORCEMENT INSPECTIONS WITH THE COURTS IN THE APPOINTMENT AND EXECUTION OF A CONDITIONAL CRIMINAL SENTENCE
The article discusses some aspects of the interaction of criminal enforcement inspections with the courts. The author examines the interaction with the courts in relation to probation prisoners at two stages: at the stage of sentencing and at the stage of its execution. The paper presents the results of a survey of employees of penal enforcement inspections and judges on problematic issues of such interaction. The article substantiates the position that when assigning a conditional criminal sentence, the degree and nature of the public danger of the crime committed, the personality of the convicted person, the circumstances mitigating and aggravating his responsibility are rarely taken into account, which subsequently affects the effectiveness of a conditional sentence. Based on the results of the conducted research, the author comes to the conclusion that it is necessary to improve the mechanism of interaction of the UII with the courts, including other state and public structures (in particular, internal affairs bodies, bailiffs, social services , etc.).
Keywords: criminal enforcement inspections, prevention of repeated crimes, probation prisoners, interaction, courts.
Reference bibliographic list
1. Characteristics of persons registered with penitentiary inspectorates // Federal Service for the Execution of Punishments. [Electronic resource]. – Access mode: https://fsin.gov.ru (date of access: 10/17/2022).
CRIMINAL AND EXECUTIVE LAW
BORCHENKO Vera Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
TULIEV Ilnar Ilnurovich
cadet of the Samara Law Institute of the FPS of Russia
LEGAL REGULATION OF THE PROVISION OF LEGAL ASSISTANCE TO CONVICTS IN CORRECTIONAL INSTITUTIONS
The article discusses the procedure for providing legal assistance to convicts in correctional institutions. The concept of legal aid is analyzed and international standards for providing legal aid to convicts are considered. The authors revealed the general characteristics of the subjects of legal aid: lawyers, notaries, legal clinics and Human Rights Commissioners.
Keywords: legal assistance to convicts; correctional institutions; subjects of legal assistance; lawyer; notary; legal clinic; Commissioner for Human Rights.
Reference bibliographic list
1. Storozhuk M. I. Ensuring personal non-property rights and legal non-material interests of those sentenced to deprivation of liberty: dis. … cand. legal Sciences. – M.: Vseros. scientific research in-t of the Ministry of Internal Affairs of the Russian Federation, 2008. – P. 57.
2. Kuznetsova O. B. The procedure and conditions for granting a meeting with a lawyer to a convict for obtaining legal assistance // Advocate Practice. ‒ 2015. ‒ No. 1. ‒ P. 59-63.
3. Khasnutdinov R. R., Vladimirova O. A., Konovalchuk M. V. Provision of legal assistance to convicts as part of the work of a legal clinic: textbook. allowance. – Samara, 2017. – 96 p.
4. Report on the educational activities of the SUI of the Federal Penitentiary Service of Russia (unpublished document).
5. Report on the activities of the Commissioner for Human Rights in the Samara Region and the observance of human and civil rights and freedoms in the Samara Region in 2021. [Electronic resource]. – Access mode: https://map.ombudsmanrf.org/Karta_Yadro/prav_z_karta/ross_fed/doklad_v_sub/doklad_v_samarsk / doklad_v_samarskweb.pdf (accessed 10.09.2022).
CRIMINAL AND EXECUTIVE LAW
BUTENKO Tatyana Pavlovna
Ph.D. in Law, associate professor Head of Criminal law sub-faculty of the Amur State University
PETAYCHUK Anton Andreevich
senior lecturer in Criminal law sub-faculty, postgraduate student of the Faculty of Law of the Amur State University
LEGAL REGULATION OF PUBLIC CONTROL OVER THE PROVISION OF HUMAN RIGHTS IN CORRECTIONAL INSTITUTIONS
In the article, the authors analyze the normative acts that regulate the possibility of public control in correctional institutions. Particular attention is paid to the types of subjects who de jure and de facto have the right to exercise the so-called “public penitentiary control”. In the course of the study, obvious legal conflicts are revealed, which, according to the authors, hinder the harmonization of the application of penal enforcement legislation. In conclusion, conclusions are formulated that will help scientists and practitioners to look differently at the problems of legal regulation of public controll during the period of serving a sentence of imprisonment.
Keywords: public monitoring commissions, public associations, ombudsmen, correctional institutions, public control, human rights.
Reference bibliographic list
1. Public control over the activities of the penitentiary system: textbook. allowance / [S. N. Ushakov and others]; Feder. executive service punishments; Vladim. legal in-t Feder. service execution punishments. – Vladimir: VUI FSIN of Russia, 2014. – P. 6.
2. Ozhegov S. I. Dictionary of the Russian language / Ed. N. Yu. Shvedova. – M., 1981. – S. 259.
3. Explanatory dictionary of the Russian language, ed. D. N. Ushakov (1935-1940). [Electronic resource]. – Access mode: https: slovariki.org/ushakov/ush-abc/11/us1e5013.htm (accessed 11/04/2022).
4. Lelyukh V. F. Modern types (forms) of control over the activities of correctional institutions during the reform of the penitentiary system in Russia // Bulletin of the Kemerovo State University. – 2012. – No. 3 (51). – S. 317.
5. Artemiev N. S. The role of public control in preventing violations of the law in institutions and bodies of the penitentiary system // Criminal Executive Law. – 2019. – V. 14 (1-4). – No. 3. – S. 242.
6. Petaichuk A. A. On the issue of assisting public associations in the work of institutions that carry out punishment in the form of deprivation of liberty // Eurasian Law Journal. – 2022. – No. 7 (170). – S. 270.
7. Artemiev N. S. The role of public control in preventing violations of the law in institutions and bodies of the penitentiary system. – 2019. – V. 14 (1-4). – No. 3. – S. 242.
8. Maloletkina N. S., Skiba A. P. Public control over the activities of the penitentiary system: subject and types of subjects // Bulletin of the Samara Law Institute. – 2020. – No. 2 (38). – S. 69.
9. Sattarov VD The main features of the implementation of public control in the penitentiary system of the Russian Federation: problems and ways to overcome them // Bulletin of the penitentiary system. – 2022. – No. 2. – S. 18.
CRIMINAL AND EXECUTIVE LAW
VETROVA Olga Alexeevna
pensioner of the MIA of Russia
ISSUES OF DETERMINING THE LEGAL STATUS OF A FOREIGN CITIZEN WHO HAS COMMITTED A CRIME ON THE TERRITORY OF RUSSIA
The article examines the differences between the legal status of a citizen of the Russian Federation and the legal status of a foreign citizen; the conclusion deserves attention that the rights and freedoms of the category of persons under consideration not only can, but also should be limited in accordance with the Constitution of the Russian Federation, the principles and norms of international law, the national legislation of the Russian Federation .
Keywords: legal status, law enforcement agencies, legal status, rights, obligations, legitimate interests, foreign citizens.
Reference bibliographic list
1. Federal Law of the Russian Federation of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” (as amended on October 11, 2018) // Rossiyskaya Gazeta. – No. 159. – 08/22/1996.
2. Federal Law of the Russian Federation of July 25, 2002 No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation” (as amended on July 19, 2018) // Rossiyskaya Gazeta. – No. 140. – 07/31/2002.
3. Federal Law of the Russian Federation of 08.01.1997 No. 1-FZ “The Penitentiary Code of the Russian Federation” (as amended on 27.12.2018) // “Collected Legislation of the Russian Federation” – 13.01.1997. – No. 2, art. 198.
4. Federal Law of the Russian Federation of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” (as amended on May 1, 2019) // Rossiyskaya Gazeta. – No. 156. – 07/20/2006.
5. Federal Law of the Russian Federation of June 23, 2016 No. 182-FZ “On the fundamentals of the crime prevention system in the Russian Federation” // Rossiyskaya Gazeta. – No. 139. – 06/28/2016.
6. Federal Law of the Russian Federation of April 06, 2011 No. 64-FZ “On administrative supervision of persons released from places of deprivation of liberty” (as amended on July 29, 2017) // Rossiysayaya gazeta. – No. 75. – 04/08/2011.
7. Order of the Ministry of Justice of Russia No. 198, the Ministry of Internal Affairs of Russia No. 633 dated September 28, 2018 “On approval of the Regulations for the interaction of the Federal Penitentiary Service, the Ministry of Internal Affairs of the Russian Federation and their territorial bodies in the execution of decisions taken by the Ministry of Justice of the Russian Federation on the undesirability of stay (residence ) in the Russian Federation, foreign citizens or stateless persons subject to release from places of deprivation of liberty, and issued by the Federal Penitentiary Service (a territorial body of the Federal Penitentiary Service) decisions not to allow entry into the Russian Federation in respect of foreign citizens or stateless persons convicted of committing an intentional crime” (Registered in the Ministry of Justice of Russia on November 7, 2018 No. 52617) // Consultant plus. The document was not published (accessed 09/01/2022).
8. Report of the Ministry of Foreign Affairs of the Russian Federation “On the situation with human rights in certain countries”, Moscow, 07/08/2021. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/humanitarian_cooperation/1795175/ (accessed 09/05/2022).
9. Vorokhobko L. Yu. Socially useful connections of those sentenced to deprivation of liberty with relatives in the process of their correction and re-education: author. dis. … cand. legal Sciences. M., 1991. 156 p.
10. Zinin G. Yu. Conviction as a consequence of criminal conviction: author. dis. … cand. legal Sciences: 12.00.08. Ryazan, 2014, p. 8.
11. Muzychenko P. B., Muzychenko Yu. P. Legal responsibility of foreign citizens in the Russian Federation. Scientific publication // Publishing house of TOGU. Khabarovsk, 2014. P. 9.
12. Subbotina O. M. Preparation for the release of convicted foreign citizens and stateless persons // Proceedings of the conference “Execution of certain types of criminal penalties: problems and ways of improvement. Ryazan, November 21-23, 2017. III International Penitentiary Forum “Crime, Punishment, Correction” (on the occasion of the 20th anniversary of the entry into force of the Penal Code of the Russian Federation): Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference. Academy of the Federal Penitentiary Service of Russia. S. 231.
CRIMINAL AND EXECUTIVE LAW
GLEBOVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Institute of law of the FPS of Russia
PITIMIROVA Ekaterina Viktorovna
cadet of the 3rd course of the Samara Institute of law of the FPS of Russia
LIABILITY OF EMPLOYEES OF THE PENITENTIARY SYSTEM FOR UNLAWFUL USE OF SPECIAL MEANS AND PHYSICAL FORCE
In modern conditions, according to statistical data, cases of the unlawful use of special means and physical force by employees of the penal enforcement system (hereinafter referred to as the UIS) are quite regular. As long as there is at least a minimum number of such cases in the system, the problem of the responsibility of the employees of the UIS will be characterized by high relevance.
The problem lies in the ineffectiveness of the legal consequences for the unlawful use of special means and physical force by the employees of the UIS. From the normative-legal position, it can be stated that there are norms on the responsibility of the employees of the UIS for the specified group of acts. Nevertheless, practice shows that such violations are characterized by a high degree of latency, as well as the lack of a real reaction from the authorized bodies to complaints that take place, including actually detected violations. In this regard, it is necessary to identify the specifics of the responsibility of the employees of the UIS for the unlawful use of special means and physical force.
Keywords: penal system, officer, responsibility, types of responsibility, special means, physical force, use, current problems.
Reference bibliographic list
1. Konarev M. Yu. Features of civil liability of employees of the penitentiary system of Russia for harm caused by the use of physical force, special means and weapons // Man: crime and punishment. – 2016. – S. 69-71.
2. Konarev M. Yu. Features of civil liability of employees of penitentiary services for the unlawful use of physical force, special means and weapons from the point of view of international law // Man: crime and punishment. – 2018. – No. 4. – P. 455-459.
3. Maskaeva I. I. Problems of compensation for harm caused by actions (inaction) or decisions of state bodies and their officials within the framework // Bulletin of the Peoples’ Friendship University of Russia. – Series: Legal sciences. – 2016. – S. 1-25.
4. Ostrikova LK Institute of obligations as a result of causing harm: the current state and ways of improvement // Actual problems of Russian law. – 2019. – No. 10 (70). – S. 68-78.
5. Pavlov I. N. Theoretical and practical aspects of the use by employees of the penitentiary system of physical force, special means and firearms // Universum: Economics and Jurisprudence. – 2021. – No. 11. – P. 26-29.
6. Ponikarov V. A., Kalutsky I. N., Smolev S. M., Stroilov S. V. Novels related to the use of physical force, special means and firearms by employees of the penitentiary system in their law enforcement activities // Man : Crime and Punishment. – 2017. – No. 3. – P. 384-389.
CRIMINAL AND EXECUTIVE LAW
KLIMYUK Liya Yaroslavovna
lecturer of Economics and management sub-faculty of the Academy of Law and Management of the FPS of Russia
ON SOME LEGAL ASPECTS OF REGULATING THE LABOR ACTIVITY OF PERSONS SENTENCED TO IMPRISONMENT
The article examines the current state of attracting convicts to work in correctional institutions. The regulatory legal acts of controversial issues concerning the payment of allowances and surcharges to convicts working in the Far North and equivalent areas, as well as the procedure for granting vacations to convicts involved in paid work, are analyzed.
Keywords: labor, imprisonment, convicts, employment, vacation, allowances, surcharges.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended on November 4, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/.
3. The Penal Code of the Russian Federation of January 8, 1997 N 1-FZ (as amended on June 11, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12940/.
4. Brief description of the penitentiary system of the Russian Federation. [Electronic resource]. – Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS.
5. Overview of information on the activities of the Federal Penitentiary Service of Russia for the 1st half of 2021. [Electronic resource]. – Access mode: https://fsin.gov.ru/statistics/obzor-informatsii-o-deyatelnosti-fsin-rossii-za-i-polugodie-2021-goda.php?sphrase_id=1507203.
6. Kalinina Yu. I. Penal law: Textbook: In 2 vols. ed. – M.-Ryazan: Logos: Academy of Law and Administration of the Federal Penitentiary Service, 2006. – P. 276-277.
7. Kopylova L. Ya. The work of convicts in places of deprivation of liberty – a duty or coercion? // Eurasian legal journal. – 2020. – No. 10 (149). – S. 320-322.
CRIMINAL AND EXECUTIVE LAW
KUZINA Evgeniya Valerjevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
KLIMONOV Pavel Alexandrovich
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
FEATURES OF THE APPLICATION OF PENALTIES IN RELATION TO THOSE SENTENCED TO CORRECTIVE AND COMPULSORY LABOR
The article discusses the mechanism of stimulating law-abiding behavior of convicts to compulsory and corrective labor. The analysis of problematic aspects arising in the process of execution of these types of punishments is carried out. The necessity of improving the legal regulation of the application of penalties in relation to convicts to compulsory and correctional labor is substantiated. The authors proposed possible amendments to the current penal enforcement legislation.
Keywords: penalties, compulsory works, correctional labor, convicts, violation of the order and conditions of serving a sentence.
Reference bibliographic list
1. Babayan S. L., Gabaraev A. Sh. Improving the system of incentives in relation to convicts to correctional labor // Bulletin of the Kuzbass Institute. – 2017. – No. 3. – S. 9-13.
2. Vatylev G. M. Application of penalties in the execution of punishments in the form of compulsory, corrective and forced labor // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2021. – No. 3. – S. 74-78. – DOI 10.52452/19931778_2021_3_74. – EDN UCOPGN.
3. Olkhovik N.V. Efficiency of criminal law, penitentiary and criminal procedural means of ensuring a non-penitentiary regime // Bulletin of the Tomsk State University. – 2012. – No. 356. – S. 125-129.
CRIMINAL AND EXECUTIVE LAW
SOKOLOV Alexander Anatoljevich
lecturer of Penal law sub-faculty of the Academy of the FPS of Russia
TRANSFER OF CONVICTED FOREIGNERS TO THEIR COUNTRIES OF CITIZENSHIP AS A BASIS FOR RELEASE FROM SERVING SENTENCES IN THE RUSSIAN FEDERATION
This article discusses the procedure and conditions for the transfer of foreign citizens acknowledged by domestic courts. The provisions of the current Russian legislation, decisions of the highest courts of the Russian Federation and international legal acts are analyzed. The difference between the concepts of “extradition” and “transfer to serve a sentence” is noted. In support of this opinion, the points of view of some scientists are given, as well as official statistics from the Federal Penitentiary Service of Russia. The institute under study is characterized as a legal fact of the end of penitentiary legal relations in the Russian Federation. As a result, the indicated normative totality is proposed to be considered as one of the grounds for exemption from serving a sentence. In view of the provisions of p. “zh” art. 172 of the Penal Code of the Russian Federation, it is proposed to consider the transfer of convicted foreigners to serve their sentences to their countries of citizenship as another basis for release from serving sentences.
Keywords: extradition, penitentiary legal relations, other grounds for release from serving a sentence, transfer of convicts, international treaties on extradition.
Reference bibliographic list
1. Inogamova-Khegay L.V. International criminal law. – St. Petersburg: Jurid. Center Press, 2003. – 495 p.
2. Lapshin V. E., Shakhanov V. V. General theoretical analysis of the penitentiary (penal) legal relationship: the moment of the end of the penitentiary legal relationship, the problem of identifying general legal relationships in the penitentiary sphere // Bulletin of the Samara Law Institute. – 2019. – No. 2. – S. 52-56.
3. Polishchuk N. I. The dualism of approaches in determining the moment of occurrence of penitentiary legal relations // Crime, punishment, correction: a collection of abstracts of speeches and reports of participants in the IV International Penitentiary Forum: (on the 140th anniversary of the penitentiary system of Russia and 85- anniversary of the Academy of the Federal Penitentiary Service of Russia): in 10 volumes – 2019. – P. 214-218.
4. Santashova LL Transfer of persons sentenced to deprivation of liberty to serve their sentence in the state of their citizenship: author. dis. … cand. juridical sciences: 12.00.09. – M., 2017. – 26 p.
5. Khvan T. S. Problems of realization of some rights by convicted foreign citizens in places of deprivation of liberty // Petersburg Penitentiary Conferences. Proceedings of conferences in 4 volumes. – St. Petersburg, 2021. Vol. 1. – P. 247-253.
OPERATIONAL SEARCH ACTIVITY
BUZULUKSKIY Pavel Vitaljevich
adjunct of the 4th course of the correspondence education of the Academy of the FPS of Russia, captain of the internal service
PROBLEMS AND WAYS TO IMPROVE THE EXECUTION OF PUNISHMENT IN THE FORM OF DEPRIVATION OF LIBERTY
The article analyzes the main problems of the execution of punishment in the form of deprivation of liberty in correctional institutions. Recommendations are offered to improve the process of execution of punishment in relation to convicted women; providing better quality medical care to convicts, organizing specialized sports grounds and sports equipment in correctional facilities.
Keywords: execution of punishment, deprivation of liberty, correctional institution, medical care.
Reference bibliographic list
1. Report “On the observance of human and civil rights and freedoms in the Ivanovo region and the activities of the Commissioner for Human Rights in the Ivanovo region in 2017”. – Ivanovo, 2018. – S. 103.
2. Health protection and medical care in places of detention. Possibilities of public control and its results. – M.: Griffon, 2021. – S. 34.
CRIMINALISTICS
DVORYANOV Ilya Borisovich
Ph.D. in Law, associate professor of International police cooperation and combating crime through Interpol channels sub-faculty of the All-Russian Institute for Advanced Training of the MIA of Russia
THE IDENTITY OF THE PERPETRATOR OF THE UNLAWFUL CONVERSION OF CIVILIAN WEAPONS
The article is dedicated to the characteristic features of the personality of the offender, who carries out illegal alteration of civilian weapons. On the basis of the results of the study of investigative and judicial practice such personal traits as gender, age, marital status, level of education and a number of others are analyzed. The totality of these features allows us to describe a typical personality of the above-mentioned offender.
Keywords: typical personality of the offender, illegal conversion of civilian weapons.
Reference bibliographic list
1. Belkin R. S. Problems, trends, prospects. From theory to practice. – M., 1988. – S. 178.
2. For more details, see Dvoryanov I. B. Methods of investigating the illegal alteration of civilian weapons: dis. … cand. legal Sciences: 12.00.12. – M., 2019. – 245 p.
3. Materials of the archival criminal case No. 1-299/16 of the Izobilnensky District Court of the Stavropol Territory.
4. Materials of the archival criminal case No. 1-2/2014 of the Sergokalinsky District Court of the Republic of Dagestan.
5. Gadzhimetov A. A. Criminological features of the personality of a criminal-manufacturer of weapons // Gaps in Russian legislation. – 2017. – No. 7. – S. 22-24.
6. Murkshtis M. I. Features of the personality of criminals in the field of illegal arms trafficking // Bulletin of the All-Russian Institute for Advanced Studies of Employees of the Ministry of Internal Affairs of the Russian Federation. – 2017. – No. 3 (43). – S. 85-90.
7. Obraztsov V. A. Forensic characteristics of the offender and its connection with the victim and other structural elements of the crime event // Forensic victimology. – Irkutsk, 1980. – S. 45.
8. Robak V. A. Criminological characteristics of the personality of a criminal who has committed crimes in the field of illegal arms trafficking. Izvestiya of the South-Western State University. – 2017. – Vol. 2. – No. 3 (72). – S. 141-147.
CRIMINALISTICS
IVANOVA Lyudmila Apollonovna
Ph.D. in Law, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
SHUSTIKOVA Mariya Vladimirovna
adjunct of the East Siberian Institute of the MIA of Russia, Irkutsk
FEATURES OF THE INSPECTION OF THE SCENE OF THE ACCIDENT AND THE INSPECTION OF THE SITE AREAS
The article discusses the basic principles of the inspection of the scene, their classification, the opinions of some forensic scientists. An investigative examination, as an investigative action, is a direct discovery, perception and study by the investigator of objects, their features, properties, state and relative position that are important for the investigation of the case.
Keywords: inspection, place, material traces, technical means, additional inspection.
Reference bibliographic list
1. Baev O. Ya. Tactics of investigative actions: Proc. allowance. – Voronezh: NPO “MODEK”, 1995. – 224 p.
2. Belkin R. S. Livshits E. M. Tactics of investigative actions. – M.: Lawyer, 2011. – 176 p.
3. Belkin R. S. Forensic Encyclopedia. – M., 1997. – 334 p.
4. Biryukov V. V., Biryukova T. P. Inspection of the scene: organizational and tactical bases for optimizing its production and fixing the results // Criminal procedure and criminalistics. – 2017. – No. 5. – P. 33-44.
5. Bulbacheva A. A. Actual problems of inspection of the scene // Proceedings of the Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 2. – P. 97-100.
6. Pinchuk L. V. To the question of the concept of the scene // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 5. – S. 228-230.
7. Ryzhakov A.P. Inspection: grounds and order of production: Nauch.-prakt. allowance. – M., 2014. – 144 p.
8. Torbin Yu. G. Traces and special signs on living persons (criminal procedural and forensic aspects of detection and use). – M.: Yurlitinform, 2006. – 432 p.
9. Khizhnyak D.S. Inspection of the scene: Proc. allowance. – M.: GrossMedia, 2007. – 93 p.
CRIMINALISTICS
MASHLYAKEVICH Vyacheslav Andreevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
SOME FEATURES OF THE FORENSIC PHONOSCOPIC EXAMINATION IN THE INVESTIGATION OF FRAUD COMMITTED WITH THE USE OF TELEPHONE COMMUNICATIONS
The article explores the possibilities of phonoscopic examination in relation to the procedure for verifying the reliability of the testimony of the suspect, the accused. Based on the analysis of empirical material, as well as scientific sources, the author determines the features of the use of expert research in order to identify persons who have committed fraudulent actions using telephone communications. To ensure these processes, options for posing questions by the investigator to the expert are proposed. The category of criminal acts in which the considered activity of the investigator will be relevant has been determined.
Keywords: forensic phonoscopic examination, telephone fraud.
Reference bibliographic list
1. Gryazeva N. V., Nekrasov A. P. Actual methods of committing fraud using cellular communications in institutions of the penal system // Bulletin of the Samara Law Institute. – 2020. – No. 4 (40). – S. 33-42.
2. Kruchinina N. V. Some methods for verifying the reliability of testimony // Bulletin of the Russian New University. Series “Man and Society”. – 2019. – Issue 4. – P. 129-135.
3. Romanov A. A., Mashlyakevich V. A. On modern methods of fraud committed using mobile communications // Eurasian Law Journal. – 2021. – No. 10 (161). – S. 254-255.
4. Smagorinsky B. P., Dyakonov M. S., Dronova O. B. On the methods of committing fraud using cellular communications // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 2 (29). – S. 98-104.
5. Cherepovich A. V. The value of a codified language norm in solving identification of forensic tasks of forensic examination of sound recordings // Questions of Criminology, Forensic Science and Forensic Science. – 2014. – No. 2 (36). – S. 102-107.
CRIMINALISTICS
SAFONOV Denis Andreevich
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE SIGNIFICANCE AND PROBLEMS OF THE RESEARCH OF THE SUBJECT OF CRIMINAL ENCROACHMENT IN THE INVESTIGATION OF ILLEGAL CUTTING OF FOREST PLANTING
The article discusses separate problematic aspects of the investigation of crimes related to illegal cutting of forest planting, in particular, the features and significance of the study of the subject of criminal encroachment to establish the objective side of the data of illegal actions are indicated. The main factors are considered that affect the choice of criminals of certain woody trees and the place of their growth. On the example of practice materials of forensic practice and official statistics show conclusions about the most common breeds of trees that are subject to illegal cutting.
Keywords: crime investigation methodology, criminalistic characteristics of crimes, illegal logging of forest plantations, the subject of criminal encroachment, environmental crimes, criminalistic tactics, technical and forensic means.
Reference bibliographic list
1. Avialesookhrana assessed the expansion of forest fires in Russia. [Electronic resource]. – Access mode: https://https://www.gazeta.ru/social/news/2022/05/19/17765804.shtml?updated.
2. Fatkulin S. T., Grishchenko V. A. The subject of a crime under article 260 of the Criminal Code of the Russian Federation // Law and order: history, theory, practice. – 2018. – No. 4 (7). – S. 123.
3. On the application by the courts of legislation on liability for violations in the field of environmental protection and nature management: Decree of the Plenum of the Supreme Court of the Russian Federation of October 18, 2012 No. 21. [Electronic resource]. – Access mode: https://base.garant.ru/70246708/ (date of access: 20.08.2022).
4. Judgment no. 1-36/2021 dated March 29, 2021 in case no. 1-36/2021. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/e7NSBRigi76x/ (date of access: 20.08.2022).
5. Judgment no. 1-33/2021 dated March 22, 2021 in case no. 1-33/2021. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/kekBIBRntc5w/
CRIMINOLOGY
ABDULATIPOV Abdulatip Magomedzagidovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University
URUMOV Asker Valerievich
Ph.D. in Law, senior lecturer of Special and technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
FEATURES OF TERRORIST STRUCTURES “SLEEPING CELLS” FORMATION (ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN)
The article is dedicated to the peculiarities of “sleeping cells” formation, which are one of terrorist activity dominant technologies at present. The authors note that the factors contributing to the formation of these cells may be specific for each region of the Russian Federation. The study shows that to a large extent the problem of citizens’ exposure to involvement in this activity is connected not only with unresolved internal social and economic problems, social tension, large-scale corruption in society, their low employment in socially useful work, fierce struggle of various clans and groups for access to budget funds, but also with the activities of certain political circles of foreign states, their special services, aimed at weakening the position of Russia on the world stage in every possible way. On the example of the Republic of Dagestan, the most significant determining factors of the formation of “sleeping/frozen” terrorist cells are considered. The key problems that may arise in the future in the field of countering terrorism and extremism in the republic are formulated.
Keywords: terrorism, extremism and terrorism oriented crimes, terrorist community, terrorist cell, “sleeping cells”, recruitment activities, terrorist activities of network structures, information and propaganda work, anti-terrorist strategy.
Reference bibliographic list
1. Buraeva L. A. “Sleeping cells” and “dormant” loners as one of the main technologies of ISIS terrorist activity // Problems of Economics and Legal Practice. 2018. No. 5. S. 263-265.
2. Abdulatipov A. M., Magomedov B. Sh. On the issue of involving citizens in terrorist and extremist activities (on the example of the Republic of Dagestan) // Legal Bulletin of the DSU. 2018. No. 2. S. 134-140.
3. Abdulatipov A. M. On the experience of law enforcement agencies of the Republic of Dagestan in countering extremism and terrorism // Law and State: problems of methodology, theory and history: materials of the International Scientific and Practical Conference (May 10, 2018) / Editorial Board: L V. Karnaushenko, I. V. Yablonsky, G. P. Kurdyuk. Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2018. P. 182-194.
CRIMINOLOGY
AGARKOVA Tatyana Konstantinovna
lecturer of Criminal process sub-faculty of the Kaliningrad branch of the St. Petersburg University of the MIA of Russia
GAUZHAEVA Viktoriya Alexandrovna
Ph.D. in Law, associate professor of Special-technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PROKOFJEVA Elena Vasiljevna
Ph.D. in physical and mathematical sciences, associate professor of Criminalistics techniques sub-faculty of the Educational and Scientific Complex of Forensic Expertise of the Volgograd Academy of the MIA of Russia
KHANINA Natalya Vladimirovna
Ph.D. in Law, associate professor of Economics and management sub-faculty of the Kaliningrad branch of the Moscow University of Finance and Law
GENERAL CHARACTERISTICS OF DRUG CRIME IN RUSSIA
Official statistics for 2021-2022 allows us to consider the full scale of illicit drug trafficking in modern Russia. This circumstance determines the objective need for the development and adoption of evidence-based measures to counter this phenomenon. This article is devoted to the consideration of the general characteristics of drug crime in the Russian Federation. Up-to-date statistics and analytics on drug crime have been added. The ways of optimizing the investigation of crimes of this category are considered.
Keywords: drug crime, drug trafficking, narcotic drugs and psychotropic substances, detection and investigation of crimes.
Reference bibliographic list
1. Gotchina L. V. Criminological characteristics of Russian drug crime: structure, dynamics and forecast // All-Russian Criminological Journal. – 2017. – T. 11. – No. 4. – S. 767-775.
2. Decree of the President of the Russian Federation of November 23, 2020 No. 733 “Strategy of the state anti-drug policy of the Russian Federation for the period until 2030”. [Electronic resource]. – Access mode: http://static.kremlin.ru/media/events/file/ru/ZAgYxcqq1IKueTyaLIjTATA23PraYrDr.pdf. – Text: electronic.
3. The Prosecutor General’s Office of the Russian Federation. Legal statistics portal: official site. – Moscow. – Updated throughout the day. [Electronic resource]. – Access mode: http://crimestat.ru/offenses_map.
4. The Ministry of Internal Affairs of Russia publishes information on the state of crime for eight months of 2022. [Electronic resource]. – Access mode: http://mvdmedia.ru.
5. Brief description of the state of crime in the Russian Federation for January – September 2022. [Electronic resource]. – Access mode: http://mvd.rf/reports/item/33388812/.
6. Shadrin A. M. Essence of disclosure of crimes related to drug trafficking, operational-search method. [Electronic resource]. – Access mode: http://wiselawyer.ru.
CRIMINOLOGY
KOLESNIKOVA Irina Evgenjevna
Ph.D. in philological sciences, senior lecturer of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
INVESTIGATION OF CRIMES USING NON-VERBAL COMMUNICATION
The article examines the means of non-verbal communication used in the investigation of crimes. Analyzes semiotics, which may indicate the falsity or veracity of the information reported by the person. The author explores some of the techniques used by the investigator in the production of investigative actions.
Keywords: truth, lie, semiotics, means of non-verbal communication, investigative actions, investigation.
Reference bibliographic list
1. Alferov Yu. A. Non-traditional methods of studying criminals (visualism and phrenology). – Domodedovo: RIPK Ministry of Internal Affairs of the Russian Federation, 1998.
2. Akishina A. A., Akishina T. E., Kano H. Gestures and facial expressions in Russian speech. Linguistic and regional dictionary. – Moscow: URSS, 2010. – 345 p.
3. Belkin R. S. Criminalistics: problems, trends, prospects. General and private theories. – M.: Yurid. lit., 1987. – 272 p.
4. Enikeev M. I. Obraztsov V. A. Eminov V. E. Investigative actions: psychology, tactics, technology: textbook. allowance. – M.: TK Velby, Prospect Publishing House, 2008. – 216 p.
5. Komisarova Ya. V., Semenov V. V. Features of non-verbal communication during the investigation of crimes: textbook. allowance – M.: Yurlitinform, 2004. – 224 p.
6. Konovalova V. E., Shepitko V. Yu. Fundamentals of legal psychology: textbook. – 2nd ed. – Kharkov: Odysseus, 2006. – 352 p.
7. Kreidlin G. E. Language and semiotics of the body / Collective monograph in 2 volumes. Vol. 1: Body and corporality in natural language and sign language – M .: New Literary Review, 2020. – 944 p.
8. Lutsenko O. A. Non-verbal communications in the investigation of crimes // Actual problems of modern criminology // Materials of the scientific and practical conference: In 2 hours, Simferopol – Alushta, September 19-21, 2002 – Simferopol: Share, 2002 – pp. 137-144.
9. Lutsenko O. A. Formation of the special course “Forensic non-verbalism” // Criminalistics: topical issues of theory and practice. All-Russian “round table” (June 15-16, 2000, Rostov-on-Don): Sat. theses. – Rostov n / D: RUI of the Ministry of Internal Affairs of the Russian Federation, 2000. – S. 53-56.
10. Obraztsov V. A., Bogomolova S. N. Criminals static psychology. – M .: Unity-Dana, Law and Law, 2002. – 448 p.
11. Panasyuk A. Yu. And what is in his subconscious? (12 lessons on the psychotechnology of penetration into the subconscious of the interlocutor). – M.: Delo, 1996. – S. 46.
12. Protasevich A. A., Obraztsov V. A. Disclosure of murders: non-traditional methods, techniques, recommendations. Essays on the theory and practice of investigative work. – Irkutsk: Izd-vo IGEA, 1998. – P. 91.
13. Semenov VV Procedural and forensic problems of using non-verbal information in the investigation of crimes: Abstract of the thesis. … candidate of legal sciences: 12.00.09 / Sarat. legal in-t of the Ministry of Internal Affairs of the Russian Federation. – Saratov, 2003. – 22 p.
14. Enfield N. Lip-pointing: A discussion of form and function with reference to data from Laos // Gesture. – 2002. – Vol. 2. No. 1. – R. 185-211.
15. Kendon A. Gestures as illocutionary and discourse structure markers in Southern Italian conversation // Journal of pragmatics. – 1995. – Vol. 23. – R. 247-279.
16. Munari B. Il dizionario dei gesti italiani. – Bergamo: Adn kronos Libri, 1997. Nemirovsky et al.
17. Wierzbicka A. Emotion, language and “cultural scripts” // Kitayama S. and Markus H. (eds.). Emotion and culture: Empirical studies of mutual influence. – Washington: American Psychological Association, 1994. – R. 130-198.
CRIMINOLOGY
PLOTNIKOV Dmitry Vladimirovich
senior lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
SEREDA Yuliya Sergeevna
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
RAGZIN Nikita Sergeevich
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
ISSUES OF CRIME PREVENTION ON THE INTERACTION OF EXPERT INSTITUTIONS WITH INVESTIGATIVE AUTHORITIES AND COURTS FOR THE IMPLEMENTATION OF PROPHYLACTIC PROPOSALS
Coordination of law enforcement activities in the prevention of offence is an important condition for the successful implementation of special measures to prevent them. Successful organization of interaction between expert institutions with investigative bodies and the court in the field of crime prevention involves a systematic analysis of the state of preventive activities of each subject of interaction, identification of possible directions and forms of interaction, selection of the most rational of them, development of measures for the effective use of special knowledge for the prevention of offenses. The article relates a number of issues of implementation of proposals of practical bodies for crime prevention.
Keywords: crime prevention, interaction of services, expert institutions.
Reference bibliographic list
1. Nazarov S. V. Appointment, production and evaluation of the results of an autotechnical examination at the preliminary investigation: dis. … cand. legal Sciences: 12.00.09: defended 1999. – Moscow, 1999.
2. Borchashvili I. Sh. Expert prophylaxis. Statement of the problem // Forensic Library. Science Magazine. – 2017. – No. 2 (31). – S. 256-265.
CRIMINOLOGY
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KURLOVICH Pavel Nikolaevich
Ph.D. in philological sciences, associate professor of Administrative law, administrative activities and management of the internal affairs bodies sub-faculty of the Kazan Law Institute of the MIA of Russia
ROMANYUK Vladimir Stanislavovich
Ph.D. in pedagogical sciences, associate professor of Administrative law, administrative activities and management of the internal affairs bodies sub-faculty of the Kazan Law Institute of the MIA of Russia
SOME PROBLEMS OF VICTIMOLOGY AS A CRIMINOLOGICAL CATEGORY
In recent years, scientists have begun to raise a question that is interconnected with the study of the victims of the crime itself and the introduction of such a concept as victimological prevention into the process of crime prevention itself. To do this, along with the study of the very individual properties of the personality of the offender, it is also necessary to pay attention to the personality of the victims. Understanding them is necessary, since the very commission of a crime is the result of the interaction of a certain living environment with the established antisocial attitudes of the personality of the perpetrator. A scientific article is dedicated to these topical issues.
Keywords: victimology, criminology, concept, problems, prevention, classification.
Reference bibliographic list
1. Alekseev A. I., Gerasimov S. I., Sukharev A. Ya. Criminological prevention: theory, experience, problems. – M., 2016. – S. 496.
2. Arakelyan K. N., Airapetyan D. R. Victimology as an actual direction in the development of science // Science and education. – 2016. – No. 3-4. – S. 85-90.
3. Varchuk T. V. Victimology: textbook. allowance for I am a university student majoring in jurisprudence. – M.: UNITI DANA; Law and Law, 2018. – S. 191.
4. Sakharov A. A. The personality of the offender and the typology of criminals. Sots. legitimacy. – 2016. – No. 3. – S. 18-25.
5. Arakelyan K. N. Victimology as a branch of legal psychology: an excursion into the history of its origin // Collection of abstracts of the participants of the interuniversity scientific and practical Internet conference on legal psychology. – M.: MGPPU, 2018. – S. 4-8.
6. Sinenko S. A. Ensuring the rights and legitimate interests of the victim in criminal proceedings: monograph. – Khabarovsk, 2013. – S. 144.
CRIMINOLOGY
STEPANENKO Diana Arkadjevna
Ph.D. in Law, professor, professor of Criminalistics, forensic examinations and legal psychology sub-faculty of the Baikal State University, Irkutsk
FORMATION OF CRIMINOLOGICAL DATABASES USING BLOCKCHAIN TECHNOLOGIES
In the context of the development of digitalization of society and all aspects of human activity, it is necessary to use new digital tools that will allow for a more flexible response to changes in society. One of these tools is the blockchain, which can be considered as a new instrumental way of forming criminological databases, which has a high degree of protection for the transmission and storage of data contained in them. The object of the study is digital criminology, as a combination of methods of digital profiling and information storage, including digital traces. The subject of the study is the blockchain, as a unified database formed in which the necessary criminological data is recorded in an immutable register. Research results: 1. The theoretical description of blockchain technology as an element of digital criminology is presented; 2. The author’s description of the use of blockchain is presented in the form of meaningful steps from the formation of a database to the use of addresses, public and private keys.
Keywords: digital criminology, digital footprint, digital data, digital address, cryptography, verification.
Reference bibliographic list
1. Khisamova Z. I., Begishev I. R. Digital crime in a pandemic: main trends // All-Russian journal of criminology. – 2022. – T. 16. – No. 2. – S. 185-198. – DOI 10.17150/2500-
4255.2022.16(2).185-198. – EDN GNPYZX.
2. Lantukh E. V., Ishigeev V. S., Gribunov O. P. The use of special knowledge in the investigation of crimes in the field of computer information
// All-Russian criminological journal. – 2020. – T. 14. – No. 6. – S. 882-890. – DOI 10.17150/2500-
4255.2020.14(6).882-890. – EDN VHTUKP.
3. Umarov Kh. S. Influence of blockchain technologies on the transformation of state and corporate processes // Discussion. – 2021. – No. 6 (109). – S. 28-
36. – DOI 10.46320/2077-7639-2021-6-109-28-36. – EDN NGQBHZ.
4. Serebrennikova A. V. Criminological problems of the digital world (digital criminology)
// All-Russian criminological journal. – 2020. – T. 14. – No. 3. – S. 423-430. – DOI 10.17150/2500-
4255.2020.14(3).423-430. – EDN WOBXFD.
CRIMINOLOGY
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
SOME CRIME TRENDS IN MODERN CONDITIONS
In the article, on the basis of a comprehensive analysis of official statistical data, a brief study of the state of crime is carried out. The changes that have manifested themselves against the background of a special military operation have been identified. In particular, it has been established that the number of registered crimes of a terrorist nature and extremist orientation, as well as theft and extortion of weapons, is growing. It is determined that this is happening against the background of a growing trend towards an increase in the number of crimes committed by organized groups or criminal communities, among the participants of which a sharp increase in minors by 75.5% is recorded. In January-September 2022, the number of extortion increased by almost a quarter. The author also investigates other crime trends in modern realities, as well as formulated some preventive proposals.
Keywords: crime, structure of crime, dynamics of crime, causes of crime, social changes in society.
Reference bibliographic list
1. Repetskaya A.L., Rybalska V. Ya., Repetskaya A. L., Rybalskaya V. Ya. Criminology. A common part. – Irkutsk: Irkut. state economy acad., 1999. – 240 p.
2. Peshcherov G. I. Relationship between crime and socio-political conditions in society: Russian experience // Power. – 2022. – T. 30. – No. 1. – S. 203-210.
3. The state of crime // Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/33388812/. (Accessed: 11/14/2022).
4. Labor resources, employment and unemployment. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/labour_force. (Accessed: 11/14/2022).
5. The Ministry of Internal Affairs spoke about the damage from crimes in Russia for nine meters months. – [Electronic resource]. – Access mode: https://ria.ru/20221029/mvd-1827700391.html. (Accessed: 11/14/2022).
CRIMINOLOGY
TUTOVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF TRACE FORMATION IN THE COMMISSION OF CRIMES IN THE FIELD OF INFORMATION AND COMMUNICATION TECHNOLOGIES
The article describes the features of trace formation in the commission of crimes in the field of information and communication technologies. The types of traces that law enforcement officers face when investigating crimes in the field of information and communication technologies are shown. The article describes where these traces may be located. In addition, it is proposed as one of the ways to combat crimes committed in the field of information and communication technologies, consideration of the specifics of committing such crimes with students. It is noted that consideration of the features of trace formation in the commission of crimes in the field of information and communication technologies forms the basic skills of students to search for traces in the commission of such crimes.
Keywords: crime in the field of information and communication technologies, the mechanism of trace formation, the specifics of traces of crimes in the field of information and communication technologies.
Reference bibliographic list
1. Butkevich S. A. Security in the virtual space (counter-extremist discourse) // Personality in the information space: problems and prospects for research: Monograph / Edited by S. A. Butkevich. – Simferopol: Polyprint, 2020. – P. 5-13.
2. Shagaeva A. A. The concept and classification of traces in traceology // Alley of Science. – 2017. – No. 16. T. 4. – S. 43-45.
3. Vvedenskaya O. Yu. Features of trace formation when committing crimes through the Internet // Legal Science and Law Enforcement Practice. – 2015. – No. 4 (34). – S. 209-216.
4. The activities of the internal affairs bodies in combating crimes committed using information, communication and high technologies: textbook: in 2 hours / [A. V. Anosov and others]. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. – Part 1. – 208 p.
5. Workshop on Russian criminal law / Ed. prof. F. R. Sundurova, M. V. Talan, I. A. Tarkhanov. – M.: Statute, 2014. – 520 p.
ADMINISTRATIVE LEGAL PROCEEDINGS
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor of the Kuban State University
MITASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
SOME ISSUES OF THE USE OF ARTIFICIAL INTELLIGENCE IN ORDER PRODUCTION
The article discusses some issues that reveal the problems of using the artificial intelligence system in court proceedings, explores the possibility of its use in writ proceedings. The inevitable shortcomings and risks in the creation, management and responsibility of artificial intelligence are noted questions about the responsibility of artificial intelligence, the promotion of artificial intelligence to eradicate corruption in the judicial system, as well as the issue of the effectiveness of the courts as one of the goals of using artificial intelligence are revealed.
Keywords: artificial intelligence, court order, replacement of a judge, writ proceedings, problems of artificial intelligence implementation.
Reference bibliographic list
1. Zelenskaya L. A. Some aspects of the use of various technologies in legal proceedings // Law and practice. – 2022. – No. 2. – P. 161-165.
2. On the development of artificial intelligence in the Russian Federation (together with the “National Strategy for the Development of Artificial Intelligence for the period until 2030”): Decree of the President of the Russian Federation of October 10, 2019 No. 490 // SZ RF. –2019. – No. 41. – Art. 5700.
3. Zhuravleva M. D. On the issue of the introduction and use of artificial intelligence systems in civil proceedings // Humanitarian and political and legal research. – 2021. – No. 1(12). – S. 20-28.
4. Zelenskaya L. A. Some questions of the correlation of writ and simplified proceedings in the civil process // Scientific support of the agro-industrial complex: Collection of abstracts based on the materials of the All-Russian (national) conference, Krasnodar, December 19, 2019 / Responsible for the issue A. G. Koshchaev. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2019. – P. 365-366.
5. Momotov V. V. Artificial intelligence in legal proceedings: state, prospects for use // Bulletin of the O. E. Kutafin University (MSLA). – 2021. – No. 5 (81). – S. 188-191.
6. Drozdov A. G., Malyshev E. A. Artificial intelligence in the evolution of the status of a judge // Legal status of a judge, prosecutor and lawyer in Russia and foreign countries: Collection of scientific articles. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 136-141.
LAW ENFORCEMENT OR GHANA
Arhipov Evgeniy Vladimirovich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
LIHOVA Alyona Alexandrovna
student of the Barnaul Law Institute of the MIA of Russia
CURRENT PROBLEMS OF FIREARMS TRAINING IN INTERNAL AFFAIRS BODIES: THEORETICAL AND PRACTICAL ASPECTS
The article is dedicated to some problems of fire training in educational institutions of the Ministry of Internal Affairs of Russia. The article considers the need to improve the methodology, the creation of a remote course of fire training of employees of internal affairs bodies. The distance course combined with the traditional education process, in our opinion, will contribute to improving the level and skill of handling weapons.
Keywords: fire training, the use of weapons, methods, distance learning, education system, traditional educational process.
Reference bibliographic list
1. Vasilyeva T. B. The use of electronic shooting simulators in the methodology of teaching fire training in educational organizations of the Ministry of Internal Affairs of Russia // Scientific component. – 2019. – No. 3 (3).
2. Psychological preparation of police officers for professional activities: textbook.-method. allowance / M. I. Maryin [and others]. – Ruza: Moscow regional branch of the Moscow University of the Ministry of Internal Affairs of Russia, 2014.
3. Dmitriev A. V. The initial stage of development of electronic shooting simulators (late XX – early XXI century) // Bulletin of economic security. – 2016. – No. 1.
LAW ENFORCEMENT AUTHORITIES
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
“FIRE TRAINING” IN VARIOUS FORMS OF EDUCATION: FEATURES OF MASTERING
The article considers all forms of training students of law faculties of colleges and educational institutions of higher education in fire training. The positive and negative sides associated with conducting training sessions with weapons in the discipline “Fire training” are identified. Given the militarization of modernity, the topic is in trend and requires the attention of specialists and managers. Weapons training, as well as automobile training, should become the norm for all forms of education, including high school.
Keywords: law enforcement, officer training, shooting, firearms training, Makarov pistol, Kalashnikov rifle.
Reference bibliographic list
1. Baikin R. F. Integrating the elements of the circuit training method into the methodology for conducting practical exercises in fire training // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (28). – S. 97-101.
2. Hoffman A. A. The use of distance learning technologies in the process of teaching the discipline “Fire training” // Pridneprovsky scientific bulletin. – 2022. – No. 2. – T. 4. – S. 78-82.
3. Meshcheryakova E. I., Sibirko M. A. Fire training as a condition for the formation of moral and psychological stability // Psychopedagogy in law enforcement agencies. – 2011. – 64 p.
4. Russian newspaper. – 2012. – 31 Dec.
LAW ENFORCEMENT AUTHORITIES
KALYUZHNAYA Olga Vasiljevna
Ph.D. in historical sciences, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
ON THE ISSUE OF FORMING THE IMAGE OF EMPLOYEES OF THE PENITENTIARY SYSTEM IN THE PUBLIC MIND THROUGH SOCIAL NETWORKS
The article deals with the problem of forming a positive image of the penal system of the Russian Federation and reducing the risk of reputational losses for the employees of the Federal Penitentiary Service by changing the format of interaction between departmental press-services and the media and the active use of social media. The necessity of using advanced approaches to positioning of public authorities in the media is highlighted. Conclusions are drawn on the importance of updating the regulatory framework.
Keywords: corporate accounts, image, media culture, reputation, media, social networks, Federal Penitentiary Service, penitentiary system.
Reference bibliographic list
1. Gritsenko A. About social networks of public authorities [website]. [Electronic resource]. – Access mode: https://document.wikireading.ru/86651 (date of access: 09/29/2022).
2. Ezhova O. N., Semikina A. P. The image of an employee of the penitentiary system: a psychological aspect // Bulletin of SUI. – 2020. – No. 2 (38). – P.113-119.
3. Loseva S. N., Drozdova E. A. Some problems of forming a positive image of the criminal-executive system // Modern lawyer. – 2019. – No. 1 (26) January-March. – S. 153-161.
4. On Amendments to the Federal Law “On Ensuring Access to Information on the Activities of State Bodies and Local Self-Government Bodies” and Article 10 of the Federal Law “On Ensuring Access to Information on the Activities of Courts in the Russian Federationii” (in terms of creating official pages of state bodies, local governments or subordinate organizations). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/68371-8 (date of access: 09/29/2022).
5. Authorities will create official pages in social networks. [Electronic resource]. – Access mode: http://duma.gov.ru/news/54295/ (date of access: 29.09.2022).
LAW ENFORCEMENT AUTHORITIES
MANSUROVA Zilya Rakhimlanovna
Ph.D. in medical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
ASYANOVA Svetlana Rifovna
Ph.D. in pedagogical sciences, Head of the Press service of the Sterlitamak branch of the Ufa University of Science and Technology, retired colonel of police
PROFESSIONAL AND PSYCHOLOGICAL TRAINING OF POLICE OFFICERS
The article discusses the personal factors of the readiness of IAB employees to work in extreme conditions. The formation of professional attitudes of IAB employees is influenced by socio-psychological factors and the ability of an IAB employee’s personality to self-regulate behavior during solving operational and service tasks.
Keywords: police officer, extreme conditions, professional and psychological training, self-regulation, trainings.
Reference bibliographic list
1. Asyanova S. R. Fundamentals of psychological and pedagogical techniques in law enforcement // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (84). – S. 90-96.
2. Makarenko A. S. Sobr. op. – In 7 vols. – Vol. 5. – M.: Ed. APN RSFSR, 1958. – 783 p.
3. Mansurova Z. R., Agliullin D. R. Stress resistance among law enforcement officers // Eurasian legal journal. – 2021. – No. 4 (155). – S. 383-385.
4. Mansurova Z. R. Professional and psychological resistance of cadets to the impact of extreme situations // In the collection: Psychological and pedagogical aspects of the formation of the development of an internal affairs officer in conditions of university training. Interdepartmental scientific-practical conference: a collection of scientific papers. Comp. A. A. Bazulina. – Moscow, 2021. – S. 299-301.
LAW ENFORCEMENT AUTHORITIES
PARASHEVINA Elena Anatoljevna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation.
KUTSENKO Katerina Sergeevna
senior lecturer of Prosecutorial supervision and participation of the prosecutor in civil arbitration and administrative procedure sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
THE ROLE OF THE PROSECUTION AUTHORITIES OF THE RUSSIAN FEDERATION IN COUNTERING THE LEGALIZATION OF DIGITAL CURRENCIES THROUGH THE USE OF INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
This article examines the theoretical and practical aspects of the implementation of priority measures to ensure the security of the economic system of the Russian Federation and prevent the merger of criminal communities with legal businesses, as well as countering the legalization of criminal proceeds. The place and importance of the prosecutor’s office of the Russian Federation is determined. The judicial, prosecutorial practice and the most frequent violations in this area are analyzed.
Keywords: information technologies, communication technologies, cryptocurrency, digital currency, economic system, national project, bitcoin, financial transactions, prosecution authorities, state power.
Reference bibliographic list
1. Information Letter of the General Prosecutor’s Office of the Russian Federation dated July 30, 2018 No. 12-09-2018 “On the reasons for the courts to issue rehabilitating decisions in criminal cases on the legalization of funds or other property acquired by criminal means”.
2. Order of the Prosecutor General of the Russian Federation dated March 14, 2019 No. 192 “On the organization of prosecutorial supervision over the implementation of legislation in the implementation of national projects”. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf.
3. Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated April 5, 2013 No. 44-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_144624/.
4. [Electronic resource]. – Access mode: https://smotrim.ru/article/1256022?amp-page=enabled (date of access: 09/04/2022).
5. Official website of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf (date of access: 09/04/2022).
6. Official website of the Ministry of Finance of the Russian Federation. [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/ (date of access: 09/04/2022).
PROSECUTOR SUPERVISION
RUDYKH Svetlana Nikolaevna
Ph.D. in Law, associate professor, Head of Civil law disciplines sub-faculty of the Irkutsk Law Instituteute (branch) of the University of the Prosecutor’s Office of the Russian Federation
PROTECTION BY THE PROSECUTOR OF THE RIGHTS OF ENTREPRENEURS IN THE PROVISION OF STATE AND MUNICIPAL SERVICES
The article focuses on the role of the prosecutor’s office in ensuring the rule of law in the provision of state and municipal services to entrepreneurs in the light of the implementation of state policy to reduce undue pressure on business. Typical violations of state authorities of the subjects of the Russian Federation and local self-government bodies in the provision of state and municipal services are given, as well as examples of court decisions made on the claims of prosecutors.
Keywords: prosecutor’s supervision, protection of the rights of entrepreneurs, state and municipal services, administrative regulations, administrative procedures, multifunctional center.
Reference bibliographic list
1. Palamarchuk A. V. Tasks of prosecutorial supervision over the execution of laws on the protection of the rights of entrepreneurs // Legitimacy. – 2014. – No. 5. – P. 3-7.
2. Nozdrachev A. F. System regulation of administrative activity: domestic doctrine and practice // Legislation and economics. – 2011. – No. 8. – P. 18.
SAFETY AND LAW
NAGOEVA Marina Auyesovna
Ph.D. in pedagogical sciences, professor of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
TOPICAL ISSUES OF THE DEVELOPMENT OF MODERN INTERNATIONAL EXTREMISM
The article discusses the features of the emergence of the term “extremism”, its development at various stages of social life. The author reveals the main trends in the growth and development of extremism in the world, as well as ways and methods of combating the spread of international extremism. The author draws attention to the influence of extremism on the social, economic, political and public spheres of life of the state and society.
Keywords: extremism, crime, law enforcement agencies, history of extremism, international terrorism.
Reference bibliographic list
1. Botvin I. V. Combating extremism: justified necessity or modern trend // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1. – S. 26-28.
2. Kadykhanova S. A., Salina E. V., Shapovalova V. A. Prevention as one of the methods of combating extremism and terrorism // Bulletin of the Amur State University. Series: Humanities. – 2020. – No. 88. – S. 42-44.
3. Karatanov M. S., Zhusupova G. B. The role of international organizations in the fight against international terrorism and extremism // Nauka. – 2020. – No. 4 (67). – S. 113-117.
4. Kolpacheva O. Yu., Sivolobova N. A., Avdeeva L. N. Approaches to the problem of combating extremism among youth // Modern Science. – 2020. – No. 5. – S. 141-145.
5. Kubasov A. L. Extremism as a means of political struggle in the modern world // Ius Publicum et Privatum. – 2018. – No. 2. – S. 27-29.
6. Maltsev V. A., Mironchukovskaya V. V. Combating extremism within the framework of the national security system // Bulletin of the Voronezh State University. – 2020. – No. 1 (40). – S. 32-43.
SAFETY AND LAW
SOBALIROVA Zukhra Khazretovna
Ph.D. in Law, lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
SOCIAL NETWORKS AS AN INFORMATION RESOURCE FOR THE SPREAD OF EXTREMISM
The article reveals the factors of the spread of extremism on the Internet. It has been established that the main determinant of the spread of destructive content should be called a huge variety of Internet resources. These are social networks, and various forums, online platforms and video hosting. An aggravating factor is the lack of legal regulation of these resources due to the fact that they do not fall under the scope of legislative regulation of the media. The concept of digital extremism has been investigated. It was concluded that it is advisable to implement tougher measures to counter digital extremism. Among them: to consolidate in the legislative regulation a clearly formulated concept of extremism, making a direct indication of the achievement of criminal goals in any (!) Possible way and counteract from this point of view; Increase penalties by increasing monetary fines and prison sentences; introduce a technology for special filtering of information on the Internet, which will block extremist content.
Keywords: social networks, extremist activities, digital extremism, counteraction, blocking extremist content.
Reference bibliographic list
1. On counteracting extremist activity: Federal Law of July 25, 2002 No. 114-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_37867/ (date of access: 10/14/2022).
2. About information, information technologies and information protection rmation: Federal Law of July 27, 2006 No. 149-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_37867/ (date of access: 10/15/2022).
3. Aripshev A. M. Extremism and terrorism in social networks: problems of detection and counteraction // Journal of Applied Research. – 2022.
– T. 1. – No. 9. – S. 44-48.
4. Bogomaz O. V. Information and psychological aspects of extremist activity in the modern digital space // International cooperation of Eurasian states: politics, economics, law. – 2021. – No. 4. – S. 58-61.
5. Kuchmezov R. A. Extremism on the Internet: legal foundations and problems of counteraction // Eurasian Law Journal. – 2022. – No. 2 (165).
– S. 437-438.
6. Markaryan S. A. Extremism in the digital environment // Epomen. Global. – 2022. – No. 26. – S. 78-85.
7. Shidemov A. G. Extremism: the state of the fight against it in the modern world // In the collection: Extremism – new challenges to regional security. Collection of materials of the international scientific conference. Edited by D. L. Prokazin. – Barnaul, 2022. – S. 73-76.
SAFETY AND LAW
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KUMEKHOVA Maryana Borisovna
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PROBLEMS OF THE SPREAD OF DRUG ADDICTION AMONG YOUNG PEOPLE
One of the global problems of modern society is the spread of drug addiction. Drugs harm the health of citizens and pose a threat to the national security of many states. Drugs have a particularly detrimental effect on young people and adolescents due to age characteristics. When it comes to preventing the spread of drug addiction, preventive measures should be an important part of education and upbringing. Competent preventive work among adolescents gives noticeable results, the main thing is that it be carried out systematically. The right actions and actions carried out by psychologists, narcologists and social workers will definitely become a deterrent and reduce the number of young people prone to drug addiction.
Keywords: drug addiction, distribution, youth, narcotic drugs, psychotropic substances, prevention, prevention.
Reference bibliographic list
1. Rubleva T. Yu. Problems as a consequence of the spread of drug addiction in the youth environment at the present stage // Scientific component. – 2020. – No. 4 (8). – S. 158-164.
2. Osipova R. G. Drug addiction in the youth environment: causes of spread and possible methods of prevention // Young scientist. – 2011. – No. 7 (30). – T. 2. – S. 53-59.
3. Zaitsev V. S. Problems of drug addiction among youth and modern technologies for its prevention: a tutorial. – Chelyabinsk: Publishing house of A. Miller’s Library CJSC, 2019. – 65 p.
SAFETY AND LAW
KUCHMEZOV Rasul Abdulmutalifovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement agencies sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, major of police
SOCIAL NETWORKS AS AN INFORMATION RESOURCE FOR THE SPREAD OF EXTREMISM
Extremism is a commitment to extreme views and methods of action, has various forms of manifestation. A large number of young people are involved in extremist activity every year. An analysis of the factors that form the internal motivating starting point for justifying extremism allows us to single out among the main ones: negative conditions for the spiritual and moral development of the individual; unfavorable psychological climate in the family, school, university; lack of alternative socially useful forms of leisure activities. All of the above for someone individually, and for someone in the aggregate, pushed young people into the virtual world. Thus, Internet resources, which were originally intended for virtual communication, began to gradually turn into a platform for the dissemination of extremist ideas. It has been established that the problem of extremism in Russia exists both in retrospect and at the present stage. And given the speed of development of computer technology, it can be reasonably assumed that extremism will acquire new forms and manifestations.
Keywords: extremism, Internet resources, violence, destructive content, propaganda, prevention, counteraction.
Reference bibliographic list
1. Abazov A. B. Preventive measures to counteract radicalism and extremism in the youth environment // Journal of Applied Research. – 2021. – No. 5-2. – S. 168-171.
2. Aripshev A. M. Extremism and terrorism in social networks: problems of detection and counteraction // Journal of Applied Research. – 2022. – V. 1. – No. 9. – S. 44-48.
3. Korkmazov A. V. On the role of social networks in the dissemination of youth extremism and countermeasures // Journal of Applied Research. – 2022. – No. 5-2. – S. 188-191.
4. Kuchmezov R. A. Extremism on the Internet: legal foundations and problems of counteraction // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 437-438.
5. Mishin A. M. Problems of countering extremism on the Internet // Eurasian legal journal. – 2020. – No. 2 (141). – S. 389-390.
6. Tambiev S. A. Criminological characteristics of the personality of an extremist // Journal of Applied Research. – 2022. – No. 2-1. – S. 56-60.
7. Tarchokov B. A. Counteracting the spread of extremism on the Internet // Education and Law. – 2022. – No. 1. – S. 186-189.
8. Urusov Z.Kh. On the issue of countering extremism at the present stage // Eurasian legal journal. – 2022. – No. 6 (169). – S. 407-408.
SAFETY AND LAW
MALYSHEV Sergey Yakovlevich
Ph.D. in Law, associate professor, associate professor of Economics of entrepreneurship sub-faculty of the Ufa University of Science and Technology
KISELYOV Nikolay Nikolaevich
Ph.D. in Law, associate professor, associate professor of Operational investigative activity of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
PROTECTION OF INFORMATION CONSTITUTING A STATE SECRET FROM UNAUTHORIZED DISSEMINATION, DISCLOSURE OR DISCLOSURE
The article deals with the main problems related to the disclosure of the content of the main concepts used in the field of protection of state secrets – “disclosure”, “dissemination”, “provision”, “declassification” and “disclosure” of information constituting a state secret. A comparative analysis of regulatory legal acts regulating the issues of ensuring the protection and protection of state secrets is carried out. The content side of the concepts of interest is to investigate. The authors of the article point out that in the legal norms of the Law on State Secrets, the concept of “dissemination of information constituting a state secret”, which is an essential feature in the definition of state secrets, is not directly disclosed, but its main content is derived from other legal provisions of the Law on State Secrets. Special attention is paid to the correlation and structural-systemic relationship between the concepts under study.
Keywords: dissemination, disclosure, disclosure, declassification, provision, information constituting a state secret.
Reference bibliographic list
1. Zanina T. M., Karavaev A. A. Evolution of legal regulation regarding confidential information in the Russian Federation // Administrative law and process. 2015. No. 6. S. 81-86.
SAFETY AND LAW
NAGOEVA Marina Auyesovna
Ph.D. in pedagogical sciences, professor of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ON THE ISSUE OF THE PROBLEMS OF PREVENTING ROAD ACCIDENTS IN MODERN RUSSIA
The article reveals the legal basis for the prevention of road accidents. The established rules and legal norms that all vehicle drivers are required to comply with are analyzed. The problems of compliance with safety rules on the country’s roads and everyone’s contribution to this process are being investigated. The author emphasizes the need for various measures to ensure road safety, cites the main principles and objectives for ensuring the safety of citizens on the roads of the country.
Keywords: safety, traffic rules, vehicle, state power, legislation, road, consequence.
Reference bibliographic list
1. Kolycheva A. N. Separate aspects of the investigation of road traffic crimes // Management of activities to ensure road safety: state, problems, ways of improvement. – 2021. – No. 1. – S. 221-224.
2. Khakimova R. F. Criminal liability of persons who have committed a road traffic offense in a state of intoxication // Pen of Science. – 2019. – No. 6. – S. 22-27.
3. Dudnichenko A. N., Usenko O. V. Ways of committing road traffic crimes: a theoretical aspect // Yurist-Pravoved. – 2021. – No. 3. – S. 189-193.
4. Meshkov V. M., Tarasova V. I. Criminological and forensic aspects of the prevention of road traffic crimes committed by persons operating route vehicles // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1. – S. 17-21.
5. Baranchikova M. V., Erte D. A. Management of activities to ensure road safety: state, problems, ways of improvement. – 2020. – No. 1. – S. 46-52.
6. Aksenova – Sorokhtey Yu. N., Baranovskaya E. A., Kuzmina O. L., Makhanek A. B. Actual problems of establishing the state of intoxication of a person driving a vehicle in the investigation of road traffic crimes // All-Russian Criminological Journal. – 2018. – T. 12. – No. 3. – S. 375-386.
7. Ganzera R. A. Dangerous situation as an objective factor in road traffic crime captivity // Law of the Donetsk People’s Republic. – 2021. – No. 1. – S. 42-47.
8. Kondratenko O. V. Features of the methodology for investigating road traffic crimes // Bulletin of the Chelyabinsk State University. – 2018. – V. 3. – No. 4. – S. 115-119.
9. Kolesnikov R. V. On some measures for the prevention of road traffic crimes committed by minors // Criminal procedure protection of the rights and legitimate interests of minors. – 2019. – No. 1. – S. 35-39.
10. Ivantsov S. V., Dobrenkov A. I. Internal affairs bodies in the system of prevention of road traffic crimes of minors: functions and problematic issues // Bulletin of the Moscow University of the Ministry of Internal Affairs. – 2020. – No. 3. – S. 174-179.
SAFETY AND LAW
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Management and information and technical support of the criminal executive system sub-faculty of the Samara Law Institute of the FPS of Russia
KEROPYAN Manushak Ovanesovna
cadet of the 2nd course of the 2.1 platoon of the Faculty of Law of the Samara Law Institute of the FPS of Russia
OPPORTUNITIES FOR THE IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY IN THE DOCUMENT FLOW OF INSTITUTIONS AND ORGANIZATIONS
The article discusses the main features of blockchain technology when used in electronic document management systems: sending information, storing and tracking changes made, protection against information leakage, the possibility of forming an electronic office with an embedded node system.
Keywords: electronic document management, information, information technology, blockchain technology, information security.
Reference bibliographic list
1. Bulycheva A. A. Approaches to the implementation of blockchain technology in the banking sector // Bulletin of Science and Education. – 2018. – No. 7 (43). – S. 40-45.
2. Genkin A. M., Mikheev A. V. Blockchain. How it works and what awaits us tomorrow. – M.: Alpina Publisher, 2017. – 592 p.
3. Peskova O. Yu., Polovko I. Yu., Zakharchenko A. D. Application of blockchain technologies in electronic document management systems: analysis and software implementation // IVD. – 2019. – No. 3 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-blokcheyn-tehnologiy-v-sistemah-elektronnogo-dokumentooborota-analiz-i-programmnaya-realizatsiya (date of access: 09/13/2022).
SAFETY AND LAW
SHOGENOV Timur Mukhamedovich
Ph.D. in economic sciences, Deputy Head of Internal affairs in special conditions sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia
FEDORENKO Svyatoslav Petrovich
Ph.D. in Law, associate professor, associate professor of Theory of state and law sub-faculty of the Rostov Law Institute of the MIA of Russia
VOYLOSHNIKOV Oleg Diomidovich
Ph.D. in military sciences, associate professor of Tactics of engineering troops sub-faculty of the Marshal of Engineering Troops A. I. Proshlyakov Tyumen Higher Military Engineering Command School
BURAEVA Lyudmila Alexandrovna
Ph.D. in physical and mathematical sciences, senior researcher of the Research direction of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia
ON TOPICAL ISSUES OF COMPLIANCE WITH PERSONAL SECURITY MEASURES BY EMPLOYEES OF ANTI-EXTREMISM UNITS WHEN PERFORMING OPERATIONAL AND OFFICIAL TASKS
In the article, the authors consider topical issues of ensuring the personal safety of employees of anti-extremism units performing operational and official tasks to detain persons involved in extremist activities. Personal security measures during operational activities in various conditions are analyzed and considered. The factors that occupy the most significant place in the system of ensuring the personal safety of employees of anti-extremism units are noted.
Keywords: ensuring personal security, countering extremism, extremist activities, units for countering extremism.
Reference bibliographic list
1. Tarchokov B. A., Tokbaev A. A. Tactical bases for ensuring personal professional security of employees of internal affairs bodies // In the collection: Actual issues of ensuring personal safety of employees of internal affairs bodies. – 2021. – S. 319-324.
2. Buraeva L. A., Shogenov T. M. The role of information technologies in ensuring public order and public safety // Socio-political sciences. – 2019. – No. 5. – S. 190-192.
3. Shogenov T. M., Aushev U. M. Some features of the actions of police officers during the inspection of residential premises // In the collection: Modern approaches to preparing police officers for actions in case of emergency. Collection of scientific articles of abstract readings dedicated to the day of Russian science of the Department of Internal Affairs at the Educational Institution UNK SP of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot. Under the general editorship of V. N. Gontar. – 2019. – S. 126-130.
4. Abazov I. S., Mikhailov A. V. Features of training police officers in the basics of personal security when conducting public events // In the collection: Topical issues of training law enforcement officers in the light of new threats. Collection of scientific articles following the results of the scientific-practical conference. Edited by Gontar V.N., 2022. – S. 7-11.
5. Fedorenko S. P. Geopolitical doctrine of Russia on the approval of the principles of the development of a multipolar world in the context of the fight against extremism // Philosophy of Law. – 2016. – No. 6 (79). – S. 117-121.
6. Voiloshnikov O.D. Organization of practical training on tactical and special training in the situational center as a process of improving the professional training of employees of the Ministry of Internal Affairs of Russia // Bulletin of the Chelyabinsk State University. Series: Law. – 2018. – V. 3. – No. 3. – S. 93-99.
SAFETY AND LAW
SOBALIROVA Zukhra Khazretovna
Ph.D. in Law, lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
MEASURES TO COUNTER THE SPREAD OF EXTREMIST CONTENT ON SOCIAL MEDIA
Beginning of the 21st century for humanity, it has become a time of intensive development of Internet technologies and their implementation in almost all spheres of human life. This has led to an expansion of the possibility of media consumption and information flow, which, in fact, does not carry any value due to the lack of moral characteristics in its content. Media products today are formed not only from traditional media, but also from other sources, which are now represented in large numbers by the Internet. In this study, we examined the problems of spreading extremist content in social media and measures to counter this phenomenon. The harmfulness of the broadcast content consists in the production of destructive information for the mental, spiritual, moral, physical and other development of the individual. Such information resources require immediate recognition, verification and blocking. It has been established that the dissemination of extremist content on social media becomes possible due to the lack of correct preventive measures and the dissemination of such materials.
Keywords: information environment, extremist content, social media, destructive ideology, national security, resource blocking, prevention, counteraction.
Reference bibliographic list
1. Aripshev A. M. Extremism and terrorism in social networks: problems of detection and counteraction // Journal of Applied Research. 2022. V. 1. No. 9. S. 44-48.
2. Ashmanov I. S., Kasperskaya N. I. Methodological manual for identifying signs of risk behavior in social networks // Digital hygiene: youth in the network, Moscow, March 28, 2019 [Electronic resource]. – Access mode: https://saizyral.rtyva.ru/wp-content/uploads/ (date of access: 09/24/2022).
3. Drucker M. M. Ways to prevent the destructive content of social media // In the collection: User content in modern communication. Collection of materials of the I International Scientific and Practical Conference. Chelyabinsk, 2021, pp. 315-318.
4. Dyachek P. E., Artsybashev I. G. Possible ways to protect adolescents from the influence of destructive content in social networks // In the collection: State youth policy: challenges and modern technologies for working with youth. Materials of the International Youth Research Conference. under the general editorship of Doctor of Pedagogical Sciences A. V. Ponomarev; Ministry of Science and Higher Education of the Russian Federation; Ural Federal University named after the first President of Russia B. N. Yeltsin; Al-Farabi Kazakh National University; Kyrgyz-Russian Slavic University named after the first President of the Russian Federation B. N. Yeltsin, 2022. P. 158-163.
5. Ermakov A. A. Extremism in the youth environment: causes, conditions, growth factors and directions of counteraction // In the collection: Perm period. Collection of materials of the IX International scientific and sports festival of cadets and students of educational organizations. In 3 volumes. Comp. A. I. Sogrina. Perm, 2022, pp. 238-242.
6. Takov A. Z. Internet as a factor in the spread of extremism in the youth environment // Education and Law. 2021. No. 6. S. 336-340.
STATE AND LAW
GADIEVA Aneta Nikolaevna
Ph.D. in sociological sciences, senior researcher of the North Ossetian Institute of Humanities and Social Sciences
INTERETHNIC CONFLICT: FROM SETTLEMENT TO RESOLUTION (ON THE EXAMPLE OF OSSETIAN-INGUSH RELATIONS)
The article deals with the problem of resolving the Ossetian-Ingush conflict. An assessment of the current state of interethnic relations between the two peoples is given, confirmed by the results of the interview. In addition, the causes of the unresolved contradiction are investigated, aggravated by the legal conflict that has arisen. The conclusions drawn from informal interviews characterize the situation as unpromising, stagnating in a state of forced regulation. But this this is not a reason not to look for ways out of the long-standing confrontation.
Keywords: interethnic conflict, ethnos, interethnic relations, legal conflict, insoluble contradiction, complex of deferred decision.
Reference bibliographic list
1. Conflictology. Questions – answers: textbook. manual for universities / Ed. prof. V. P. Ratnikova. – M., 2004. – S. 122.
2. Tishkov V. A. Ossetian-Ingush conflict. – [Electronic resource]. – Access mode: https://mybiblioteka.su/tom2/4-39358.html.
3. Zdravomyslov A. G. Ossetian-Ingush conflict: prospects for overcoming the impasse. – M.: “ROSSPEN”, 1998. – 128 p.
4. Markedonov S. M. Ossetian-Ingush conflict: history and modernity. – [Electronic resource]. – Access mode: http://politcom.ru/, 30.10.2007.
5. Gadieva A. N. Two views on the “unresolved contradiction” (expert assessment of the Ossetian-Ingush conflict // International Scientific Research Journal. – 2020. – No. 8 (98). – P. 170.
6. Tsutsiev A. A. The Ossetian-Ingush conflict of 1992: some results of ten years of settlement // Bulletin of the Vladikavkaz Institute of Management. – 2003. – No. 9. – S. 24-47.
7. Kesaev S., Totoonti I. Beslan three years later … Collection of materials: facts, figures, comments. – Vladikavkaz, 2007. – P. 60.
STATE AND LAW
FASTOVICH Galina Gennadjevna
senior lecturer of Theory of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
KUDASHOVA Irina Vladimirovna
Ph.D. in Law, associate professor of Administrative Law and Administrative Activities of the Internal Affairs sub-faculty of the Siberian Law Institute of the MIA of Russia
KAPSARGINA Svetlana Anatoljevna
Ph.D. in political sciences, associate professor of Foreign languages sub-faculty of the Krasnoyarsk State Agrarian University
APPLICATION OF INFORMATION TECHNOLOGIES IN THE INNOVATIVE DEVELOPMENT SECTOR OF THE RUSSIAN FEDERATION
The article analyzes the Institute of Information Technology and its role in various sectors of production in modern Russia. The authors reveal the characteristic features of information technologies, their essence, positive and negative aspects, as well as their impact on the effectiveness of state regulation. The problems associated with the introduction of information technologies in the sector of agro-industrial development of the Russian Federation are determined. Conclusions are formulated about the problems and opportunities for further implementation of information technologies in other areas of law enforcement and enforcement activities.
Keywords: information technologies, efficiency, state, innovations, agro-industrial production.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 1, 2020) // Ros. gas. 2020. 04 July.
2. Federal constitutional law of December 31, 1996 No. 1-FKZ (as amended on December 08, 2020) “On the judicial system of the Russian Federation” // Collection of legislation of the Russian Federation. 1997. No. 1. Art. one.
3. Fastovich G. G., Kapsargina S. A. On the development of information technologies in the agro-industrial complex of modern Russia// In the collection: IOP Conference Series: Earth and Environmental Science. III International Scientific Conference: AGRITECH-III-2020: Agribusiness, Environmental Engineering and Biotechnologies. Krasnoyarsk Science and Technology City Hall of the Russian Union of Scientific and Engineering Associations. 2020. S. 32010.
4. Trashkova S. M. International legal regulation as a guarantee of the implementation of the legal status of juvenile suspects accused in criminal proceedings. Kazanskaya Nauka. 2015. No. 5.S.125-127.
5. Teplyashin I. V., Fastovich G. G. Criteria for the effectiveness of the state mechanism: general theoretical analysis // Problems of modernizing the legal system of modern Russian society. Collection of reports of the International scientific conference. 2011, pp. 114-116.
6. Portal of technical support GAS “Pravosudie”. [Electronic resource]. – Access mode: https://techportal.sudrf.ru/index.php?id=31
7. Fastovich G. G., Kudashova I. V. Information technologies in the system of increasing the efficiency of public authorities: theoretical and legal aspectt // Law and Politics. 2020. No. 2. S. 18-22.
8. Teplyashin I. V. Participation of civil society institutions in the implementation of state policy in the Arctic zone of the Russian Federation // Problems of constitutional and legal regulation of the status of the Arctic territories of the Russian Federation: materials of the round table of international. scientific-practical. conf. “Yenisei political and legal readings” (Krasnoyarsk, September 21-22, 2017) / Ed. A. A. Kondrasheva, O. V. Ronzhina, A. B. Zenkina; Krasnoyar. state agrarian un-t. – Krasnoyarsk, 2017. – S. 46-48.
9. Zaruba D. S., Sitnikova K. N., Fastovich G. G. The problem of the agro-industrial complex in the regions of Russia // International Journal of Humanities and Natural Sciences. 2019. No. 3-2. pp. 52-55.
STATE AND LAW
CHUPROVA Viktoriya Olegovna
cadet of the 3rd course of the Faculty of Law of the Samara Law Institute of the FPS of Russia
UNTEROV Vladimir Anatoljevich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
PROTECTION OF THE FAMILY, MOTHERHOOD, FATHERHOOD AND CHILDHOOD AS A KEY POLICY DIRECTION OF THE RUSSIAN FEDERATION
The state policy in the field of protection of the family, motherhood, fatherhood and childhood, of course, is the most important direction of the implementation of the principle of the welfare state enshrined in the Constitution of Russia.
The presented article discusses topical issues related to state support for the institution of the family. Based on the above support measures, it is concluded that significant positive changes have occurred in the last decade in the field of social support for the family. Despite this, the state continues to give this area a primary role.
Keywords: social support, family protection, penitentiary aspect of maternity support, family service, maternity capital, revision of the Constitution of the Russian Federation, educational trends.
Nice bibliographic list
1. Koryakovtseva O. A. Comprehensive support for a young family: textbook. manual for university students studying in the specialty “Organization of work with youth.” – M.: Humanitarian. ed. center VLADOS, 2008. – S. 204.
2. Ivanova V. A. To the question of the implementation of the constitutional right to protect motherhood, childhood and family
// In the collection: The system of constitutional law in modern Russia: values, principles, institutions and norms. Materials of the 11th International Constitutional Forum dedicated to the 110th anniversary of the Saratov State University. N. G. Chernyshevsky. – 2020. – S. 222.
3. Levitsky D., Chernolikhov S., Anisimova O. E. On the issue of the mechanism of social and legal protection of fatherhood, motherhood and childhood in the Russian Federation // In the collection: Economics, management and finance in the 21st century: facts, trends, forecasts . Materials of the international scientific-practical conference. – 2020. – S. 399.
PEDAGOGY AND LAW
DOSOVA Anna Vladimirovna
Ph.D. in Law, Head of Foundations of expert-criminalistic activity sub-faculty of the Volgograd Academy of the MIA of Russia
SIDORENKO Olga Viktorovna
Ph.D. in Law, associate professor of Foundations of expert-criminalistic activity sub-faculty of the Volgograd Academy of the MIA of Russia
ADDITIONAL EDUCATION AS A FORM OF OBTAINING PROFESSIONAL KNOWLEDGE
The modification of the training processes has also affected the training of specialists in the field of forensic examination, provided, among other things, within the framework of additional professional education. They are based on legislative requirements aimed at improvement and adaptation. The current state of the implemented programs and the possibilities of introducing digital resources have been studied. When analyzing the activities, problematic aspects related to their provision in educational institutions of the Ministry of Internal Affairs of Russia were identified.
Keywords: additional education, professional program, professional development, expert specialty, digital resource.
Reference bibliographic list
1. Dekkert DV Deontological bases for the formation of professional and moral culture of employees of internal affairs bodies: textbook-method. allowance. – Tyumen: Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia, 2019. – 92 p.
2. Yanin S. A., Zaitseva E. V., Kolosovich M. S. Legal and organizational support for the activities of preliminary investigation bodies in the system of additional professional education of the Ministry of Internal Affairs of Russia: textbook. allowance. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – 60 p.
PEDAGOGY AND LAW
KILSENBAEVA Darya Gennadjevna
magister student of the Ufa State Petroleum Technical University
VALITOVA Nika Eduardovna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
GAREEV Eduard Sagidullovich
Ph.D. in science philosophicals, professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
DUNOVA Regina Railevna
master student of the Ufa State Petroleum Technical University
ANALYSIS OF THE COMMUNICATION POLICY OF VOLUNTEER CENTERS, ON THE EXAMPLE OF THE “GAU REPUBLICAN CENTER FOR VOLUNTEER MOVEMENT AND SUPPORT OF YOUTH INITIATIVES”
Volunteering is an important area of public life and the basis for the functioning of non-profit organizations.
For the successful activity of volunteer associations, it is necessary that they observe a competent communication policy. This article discusses the basic principles of an effective communication strategy for volunteer organizations and provides an overview of the communication tools of the “GAU Republican Center for Volunteer Movement and Support of Youth Initiatives”.
Keywords: communication policy, target audience, promotion channels, non-profit organizations, volunteer associations, information and communication technologies.
Reference bibliographic list
1. Information and analytical bulletin on the development of civil society and the non-profit sector of the Russian Federation / Center for the Study of Civil Society and the Non-Profit Sector of the National Research University Higher School of Economics: official. website. [Electronic resource]. – Access mode: https://grans.hse.ru/data/2022/09/28/1742693817/Bulleten%2022.pdf.
2. Official website of the “GAU Republican Center for Volunteer Movement and Support of Youth Initiatives”. [Electronic resource]. – Access mode: http://volunteer-center.ru/about/activity.
PEDAGOGY AND LAW
KRAUTMAN Tatyana Evgenjevna
Ph.D. in philological sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of Krasnodar University of the MIA of Russia
REQUIREMENTS FOR THE PERSONALITY OF AN INSTRUCTOR OF THE UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN MODERN CONDITIONS
The article discusses the requirements for the personality of an instructor in higher educational institutions of the Ministry of Internal Affairs of Russia in modern conditions. The relevance of the topic is determined by the designated range of tasks that are in demand for solution. Various points of view and approaches to the organization of an effective educational process are considered and analyzed. Attention is drawn to both the positive and negative aspects of the instructor’s work.
Keywords: instructor’s personality, pedagogical process, information technologies, innovations, pedagogical skill.
Reference bibliographic list
1. Balatskaya Yu. Yu. To the question of the formation of the terminological competence of future employees of the internal affairs bodies // Actual problems of linguistics and the formation of the language competence of lawyers in modern conditions [Electronic edition]: collection of materials of the All-Russian Scientific and Practical Conference (Rostov-on-Don, February 21, 2018). – Rostov n / a: FGKOU VO RUI of the Ministry of Internal Affairs of Russia, 2018. – P. 149-153.
2. Konopleva A. A. The study of educational disciplines of spiritual and moral orientation in educational institutions of the Ministry of Internal Affairs of Russia (on the example of the educational discipline “religious studies”) // Improvement of educational programs, planning and implementation of the educational process. Materials of the All-Russian Scientific and Methodological Conference. – Omsk, 2021. – S. 143-145.
3. Kupavtsev T. S. Improving the professional and pedagogical competence and managerial culture of the subjects of education management as a condition for self-improvement of employees of internal affairs bodies // Pedagogical education in Russia. – 2016. – No. 5. – S. 57-62.
4. Tutova O. V., Shvedova L. E. The use of interactive teaching methods in the classroom in informatics and information technology // Vectors of information technology development: prospects and directions. Collection of abstracts of scientific articles of the II regional scientific and practical conference, 2018. – P. 86-89.
5. Khodyakova N. V., Zhukova P. N. Development of scientific and pedagogical erudition of a university teacher // Professional competence of a university teacher: content, levels of formation and assessment. [Electronic resource]: Sat. scientific tr. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – S. 16-20.
6. Gorkina E. V. The use of interactive teaching methods as a necessary condition for improving the professional level of a teacher // Professional competence of a university teacher: content, levels of formation and assessment [Electronic resource]: Sat. scientific tr. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – S. 54-59.
7. Chernigovsky V. N. The specificity of the pedagogical potential of the educational institution of the Ministry of Internal Affairs of Russia in the formation of the professional and moral position of the cadet // Electronic scientific and educational journal of the VGSPU “The Edge of Knowledge”. – 2015. – No. 7 (41). – P. 278-283.
8. Morozov I. L., Fabritsiaeva S. L., Tikhonina M. A. The threat of degradation of the quality of work of the teaching staff as a systemic problem of modern higher education // Professional competence of a university teacher: content, levels of formation and assessment. [Electronic resource]: Sat. scientific tr. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – S. 26-29.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
RAYMANOV Ramil Ildarovich
magister student of the 1st course of the Institute of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
CASESTUDY METHOD IN THE PROCESS OF TEACHING INTERCULTURAL COMMUNICATION SKILLS (BY THE EXAMPLE OF CHINA)
We live in the era of globalization when the number of interactions between states and peoples is rapidly growing in the world. Globalization inevitably leads to interaction and mutual enrichment of different cultures. The article deals with improving the process of teaching intercultural communication skills with representatives of Chinese culture in universities. The relevance of this topic is due to the friendly and mutually beneficial relations between Russia and China that have developed over the past decades. The article gives a detailed analysis of the centuries-old Chinese culture which is based on respect for ancestors, severe discipline and the principles of Confucianism. It should be emphasized that the emerging communication barriers can lead to misunderstanding between representatives of two different cultures. To reduce the risk of such barriers, it is necessary to improve the process of teaching intercultural communication skills using various active teaching methods: presentations, problem lectures, didactic games, case analysis method, basket method. Much attention is given to the case analysis method or the case study. It involves modeling a specific situation or problem and then finding its solution. Using the case study in the learning process allows students to develop intercultural communication skills and gain experience in interacting with Chinese culture avoiding the risk of real conflict situations.
Keywords: active teaching methods; communication barriers; stereotypes; intercultural interaction; culture of China; Russian-Chinese relations.
Reference bibliographic list
1. Aikina T. Yu. Case method in the formation of students’ communicative competence // Bulletin of the Tomsk State Pedagogical University. – 2013. – No. 1 (129). – S. 58-61.
2. Artashkina T. A. Traditional culture in the modern national culture of China // Society: philosophy, history, culture. – 2016. – No. 5. – P. 85-91.
3. Bogodukhova E. E. Intercultural communications in the Russian-Chinese dialogue // Scientific opinion. – 2020. – No. 9. – P. 50-54.
4. Latypova E. R., Alekseev K. E., Ermolenko A. D., Klyavlin A. M. Intercultural communication between representatives of various cultural groups in areas of interest. // Science and school. – 2020. – No. 3. – P. 164-171.
5. Lebedeva N. M. Intercultural dialogue. Lectures on the problems of interethnic and interfaith interaction. – M .: Publishing house of RUDN University, 2003.
6. Mogilevich B. R. Features of the discourse of intercultural communication // Bulletin of the Peoples’ Friendship University of Russia. Series: Sociology. – 2009. – No. 1. – P. 410-412.
7. Molchanova G. G. Who is afraid of GirtHofstede? Teaching Intercultural Communication and Translation in the Conditions of Increasing Cultural Hybridity // Bulletin of the Moscow University. Series 19: Linguistics and Intercultural Communication. – 2016. – No. 4. – P. 9-16.
8. Molchanova G. G. Research methods in intercultural communication: a symbol as a cognitive memory of culture. Bulletin of the Moscow University. Series 19: Linguistics and Intercultural Communication. – 2011. – No. 1. – P. 7-23.
9. Novikova I. A. Features of stereotypes about non-verbal communication and their role in the interethnic interaction of Russian and Chinese students // Bulletin of the Peoples’ Friendship University of Russia. Series: Psychology and Pedagogy. – 2012. – No. 4. – P. 21-28.
10. Perelomov L. S. Confucius “Lun Yu”. – M .: Eastern literature, 2001.
11. Khalikova S. S. Sociocultural interaction between Russia and China in the border area // Power and management in the East of Russia. – 2016. – No. 4 (77). – S. 100-105.
12. Tsui T. Globalization and intercultural communication in modern China. – Shandong: Shandong University, 2009.
13. Chernilevsky DV Didactic technology in higher education: textbook. settlement – M.: UNITI-DANA, 2002.
14. Dumitrescu V. M. Culture as communication: communication style across and within cultures // SYNERGY. Vol. 9. – 2013. – No. 1. – P.84-91.
PEDAGOGY AND LAW
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
AGZAMOV Rifkat Raisovich
Ph.D. in pedagogical sciences, associate professor, Head of Natural science education sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
SAMOLOVOV Nikolay Aleksandrovich
Ph.D. in pedagogical sciences, associate professor of the Nizhnevartovsk State University
YUMAGULOVA Nina Ivanovna
computer science teacher of the highest category of the Moscow State Educational Institution “School No. 64”, postgraduate student of the Moscow City University
YELAGINA Marina Yurjevna
Ph.D. in pedagogical sciences, associate professor of General and consultative psychology sub-faculty of the Don State Technical University
FRACTAL-HOLOGRAPHIC THINKING OF STUDENTS: THE ESSENCE, STRUCTURE, PRINCIPLES AND MECHANISMS OF FORMATION
The article examines the specifics of scientific cognition within the framework of the post-non-classical paradigm, focuses on the formation of fractal-holographic thinking among students, which contributes to the development of personality in a multidimensional and multidimensional aspect, allowing it not only to adapt effectively to changing conditions of social, biological, digital and informational life, but also to act as a “creator” of its own being, which it has a decisive role in the formation and development of mental and psychological health of a person. For the first time, the authors present fractal-holographic human thinking as a scientific concept and give its definition. Based on a comparative analysis of the types of thinking inherent in a person, they determine the essential characteristics of fractal-holographic thinking and justify the mechanisms underlying this type of thinking.
Keywords: holonomic approach, post-non-classical paradigm, fractal approach, holonomic mode of consciousness, thinking, multidimensional thinking, fractal-holographic thinking, perceptual challenge, principles of formation of fractal-holographic thinking.
Reference bibliographic list
1. Arshinov V. I. Synergetics as a phenomenon of post-non-classical science. – M.: IFRAN, 1999. – 203 p.
2. Baryshev Yu., Teerikorpi P. Fractal structure of the Universe. Essay on the development of cosmology. – Nizhny Arkhyz: Publishing House of SAO RAS, 2005. – 396 p.
3. Belkin A. S., Zhukova N. K. Vitagenic education: Holographic approach / AUral. state ped. un-t; Department of psycho-ped. Education: Education Center. technologies. – Yekaterinburg, 1999. – 135 p.
4. Bogatykh B. A. Fractal-holographic construct and K. Levin’s field theory // National Psychological Journal. – 2018. – No. 2 (30). – P.123-134. DOI: doi: 10.11621/npj.2018.0213.
5. Budanov VG Methodology of synergetics in post-non-classical science and education. – M.: Publishing house LKI, 2007. – 232 p.
6. Vaknin E. E., Madjuga A. G., Pochukaeva G. V. Fractal-holographic thinking as a phenomenon of post-non-classical psychology. – Sillamäe: Balti Rakendus Logoteraapia Instituut, 2021. – 240 p.
7. Gapontseva M. G., Fedorov V. A., Gapontsev V. L. The concept of the geometry of fractals as objects of pedagogy and the theory of scientific knowledge. Obrazovanie i nauka. – 2009. – No. 4 (61). – P. 6-22.
8. I. P. Getmanov, Principles of co-evolution, Cand. … doc. philosophy Sciences: 09.00.08. – Rostov n / D., 2005. – 304 p.
9. Holographic model and psychology. – [Electronic resource]. – Access mode: http://www.poliinform.ru (date of access: 09/12/2021).
10. Dontsov G. A., Melnikov G. S., Serov I. N. Fractal concept of deterministic chaos. – [Electronic resource]. – Access mode: http://www.philosophy (date of access: 01/29/2020).
11. Zhukova O. I. The concept of self in the system of philosophical ideas about a person // Bulletin of the Voronezh State University. – Series “Philosophy”. – No. 1 (1). – 2009. – S. 139 – 151.
12. Knyazeva E. N., Kurdyumov S. P. Foundations of synergetics: synergetic worldview. – M.: KomKniga, 2005. – 265 p.
13. Majuga A. G., Vaknin E. E., Gaisin E. D., Pochukaeva G. V. Fractal pedagogy: from fractal metaphysics to cultural anthropology. – Ufa: Bashkir Encyclopedia, 2021. – 348 p.
14. Martynovich K. A. Non-linear-dynamic picture of the world: ontological meanings and methodological possibilities: author. dis. … cand. philosophy Sciences. – Saratov, 2011. – P. 19.
15. Miller D. Holistic education. Pedagogy of foreboding D. Miller – [Electronic resource]. – Access mode: http://ps.1september.ru/articlef. php?ID=200205007 (accessed 05.10.2021).
16. Prigogine I. R. Order out of chaos: A new dialogue between man and nature / Per. from English; under total ed. V. I. Arshinov, Yu. L. Klimontovich, Yu. V. Sachkov. – M.: Progress, 1986. – 471 p.
17. Subetto A. I. Priorities and philosophy of goal-setting fundamental science in the XXI century. Transformation of the paradigm of university education – [Electronic resource]. – Access mode: http://www.trinitas.ru/rus/ (date of access: 03/15/2020).
18. Tikhomirov OK Psychology of thinking. – M.: MGU, 1984. – 270 p.
19. S. D. Khaitun, From the Ergodic Hypothesis to the Fractal Picture of the World. – M.: Komkniga, 2007. – 251 p.
20. Jung K. G. The study of the phenomenology of the self / Per. from English, Lat. – M.: Refl-book; Kyiv: Vakler, 1997. – 336 p.
21. Jurgens H., Peitgen H.-O., Zaupe D. The language of fractals in the world of science // Scientific American. – 1990. – No. 10. – S. 36-44.
22. Coleman P. H., Pietronero L. The fractal structure of the Universe // Phys. Repts. – 1992. – Vol. 213. -No. 6. – P. 311-389.
23. Eckmann J.-P.‚ Ruelle‚ D. Ergodic theory of chaos and strange attractors‚ Reviews of Modern Physics 57‚ 3 (1985). – P. 617-656.
24. Mandelbrot B.B. The Fractal Geometry of Nature. – Sun-Francisco: W. H. Freeman and Company, 1982. – 470 rubles.
25. Moon F. C. Chaotic and Fractal Dynamics. New York, Chichester, Brisbane, Toronto, Singapore, A Wiley-Interscience Publication, John Wiley and Sons, Inc., 1992. – 408 p.
PEDAGOGY AND LAW
OZERSKY Sergey Vladimirovich
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Management and information technology support of the activities of the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF TEACHING TECHNICAL DISCIPLINES IN UNIVERSITIES OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
The article analyzes the features of teaching technical disciplines in universities of the Federal Penitentiary Service of Russia. The interaction of the departmental institution of higher education and the institutions of the UIS is considered. Typical forms of interaction between a departmental institute and a territorial body for conducting practical classes on the territory of a correctional institution are presented and analyzed. The author’s list of principles for organizing the interaction of practical staff and cadets of educational institutions in the process of organizing practical training is formulated and described. Recommendations are formulated to improve the effectiveness of practical training in the institutions of the UIS. The types of UIS institutions on the territory of which it is advisable to organize practical classes are listed.
Keywords: integrative technology, blended learning, facility equipment, detection boundary, UIS institutions.
Reference bibliographic list
1. Popov I. V. Designing an integrative technology for teaching cadets of a law school the discipline “Special Equipment” (Scientific article)
// Bulletin of the Samara Technical University. Series “Psychological and pedagogical sciences”. – 2006. –
No. 44. – S. 97-103.
2. Kopylova N. A. Integrative technology of blended learning // Actual problems of aviation and cosmonautics. – 2017. – No. 13. – S. 1167-1169.
3. Gur’e L. I., Kirsanov A. A., Kondratiev V. V., Yarmakeev I. E. Integrated foundations of the innovative educational process in higher professional school. – Moscow: VINTI, 2006. – 288 p.
PEDAGOGY AND LAW
TITOVA Olya Zokirovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Philosophy and general humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
STUDY OF SPEECH CULTURE FEATURES BY CADETS OF EDUCATIONAL ORGANIZATIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA IN THE COURSE “RUSSIAN LANGUAGE IN BUSINESS DOCUMENTATION”
The article is devoted to the study of the peculiarities of the culture of speech in business documentation by cadets. The author substantiates the necessity of studying the material on stylistics of language, analysis of typical mistakes made in business documentation. The article provides examples of accurate word usage, sentence construction.
Keywords: culture of speech, language means, communicative competence, oral and written speech, professional activity.
Reference bibliographic list
1. Ushinsky K. D. Man as a subject of education. Experience of pedagogical anthropology // Collection of articles. cit.: in 11 volumes – M.; L .: Publishing House Acad. ped. Sciences of the RSFSR, 1950. – T. 8.
2. Zhinkin N.I. Language – speech – creativity: Issled. on semiotics, psycholinguistics, poetics: (Selected works) / N. I. Zhinkin. – M.: Labyrinth, 1998. – 368 p.
3. Nikitina T. V. The specifics of the professional communicative competence of an employee of the penitentiary system // Pedagogy and education. – 2019.
4. Shiryaev EN What is the culture of speech // We will save you, Russian speech. – M.: Nauka, 1995. – S. 9-10.
5. Vinokur G. O. Culture of the language. – 2nd ed., Rev. and additional – M., 1929. – 336 p.
6. Marchenko SV Russian language in business documentation. Teaching aid for cadets, students and students of law schools and faculties. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2016. – 159 p.
7. Ivanova A. Yu. Russian language in business documentation: textbook and workshop for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2019. – 187 p.
8. Sidorova N. I. The role of the Russian language in the structure of professional competence of an employee of the Federal Penitentiary Service of Russia // Psychological and pedagogical search. – 2015. – No. 2. – P. 179-183.
9. Tyumeneva N. P. Russian language and culture of speech (for students in the specialty 56.05.01 Logistics): a textbook. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2017. – 155 p.
PEDAGOGY AND LAW
SEMENOV Vadim Vladimirovich
Ph.D. in technical sciences, associate professor, associate professor of Fire and technical training sub- faculty of the Barnaul Law Institute of the MIA of Russia
THOMAS Artem Vladimirovich
lecturer of Physical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
THE INFLUENCE OF A SPORTS TEAM SPORT – BASKETBALL ON THE LIFE OF A POLICE OFFICER
The article discusses the influence of basketball on the mental and physical development of an employee of the internal affairs bodies, the analysis of the work of the body of people engaged in basketball. The influence of basketball classes on the physical education of a person is revealed. The authors conclude that basketball for a person, whether he is a schoolboy, a cadet or a police officer, is not just a game, but an opportunity to develop many different qualities in himself, allowing him to succeed in many directions in later life, get emotional relief, develop his body, strengthen psychological stability and socialize.
Keywords: internal affairs bodies, basketball, motor activity, physical training, strength abilities, cadet.
Reference bibliographic list
1. M. V. Bazilevich, “Effectiveness of sports-based basketball training at a university,” Fiz. culture: upbringing, education, training. – 2016. – No. 4. – S. 25-27.
2. Botvin I. V. Trends in criminal policy to combat “new” threats // State and law in the era of global change: Proceedings of the international scientific and practical conference, Barnaul, June 28-29, 2022 / Edited by D. L. Prokazin . – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 166-168.
3. Brantov P. Yu. By 2020 we must bring basketball to the second place in popularity // RMA Sport. [Electronic resource]. – Access mode: http://www.eurosport.ru/basketball/story_sto5533798.shtml.
4. Ivchatova T. V., Zashchuk S. G. Basketball in the physical education of students of non-physical education universities // Pedagogy, psychology and medical biol. Problems. – 2010. – No. 5. – S. 69-71.
PSYCHOLOGY AND LAW
NURMUKHAMETOVA Irina Faskhutovna
Ph.D. in science psychologicals, associate professor of General psychology sub-faculty of the Faculty of Psychology of the Ufa University of Science and Technology
ASAFJEVA Natalya Valerjevna
Ph.D. in science psychologicals, associate professor of General psychology sub-faculty of the Faculty of Psychology of the Ufa University of Science and Technology
DAVTYAN Valentina Garnikovna
assistant of General psychology sub-faculty of the Faculty of Psychology of the Ufa University of Science and Technology
PSYCHOLOGICAL FEATURES OF THE ADAPTIVE CAPABILITIES OF EMPLOYEES OF INTERNAL AFFAIRS AGENCIES
This article is aimed at the study of psychological features of the adaptive capabilities of a person performing tasks in extreme situations. Materials of research empirical received on a sample of employees of the Department of Internal Affairs of the city of Ufa in the Republic of Bashkortostan are presented. Blank, instrumental and computer tests were used. Blank methods are represented by personal closed questionnaires – self-reports of examinees about adaptive capabilities. Hardware tests were used during physiological examination by reflexometry. Computer diagnostics was used to examine memory and attention, as well as some personality traits using the “SMIL” method. The results obtained allow us to say that the adaptive capacity of the employees performing tasks in extreme situations is reduced, they are characterized by the desire to avoid excessive frankness, lack of caution and prudence in the actions, some rigidity in behavior and promiscuity in contacts , and psychophysiological indicators and indicators of attention indicate a low ability to concentrate attention and poor level of adaptation of the circulatory system to physical exertion.
Keywords: adaptation, adaptive capacity, personality, IAA officers.
Reference bibliographic list
1. Dashko M. N., Vinogradov M. V. Professional psychological selection for service in the internal affairs bodies: a new approach to the study of personal and business qualities of citizens entering the service in the departments of the Ministry of Internal Affairs. – Psychopedagogy in law enforcement, 2015. – Volume 62. – No. 3. – P. 101-102.
2. Kositsky G. I., Dyakonova I. N. Reserves of our body. – M.: Enlightenment, 1993. – 158 p.
PSYCHOLOGY AND LAW
SHCHELKONOGOV Evgeniy Evgenjevich
senior lecturer of Tactical and special training sub-faculty of the Volgograd Academy of the MIA of Russia
BYCHKOV Sergey Nikolaevich
associate professor of Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice
DERYUSHEVA Olesya Ivanovna
associate professor of Jurisprudence sub-faculty of the Voronezh Institute of Economics and Law
PRANITSKAYA Tatyana Olegovna
associate professor of Civil and labor law sub-faculty of the Voronezh Institute of the FPS of Russia
SEMENOV Konstantin Petrovich
associate professor of criminal law sub-faculty of the St. Petersburg University of the MIA of Russia
DETENTION OF PERSONS SUSPECTED OF COMMITTING A CRIME: PHYSICAL ASPECTS OF ENSURING THE PERSONAL SAFETY OF POLICE OFFICERS
The article deals with the problem of studying the psychological aspects of the tactics of detaining persons suspected of committing a crime as an element of personal security of employees of internal affairs bodies, as well as activities to comply with personal security measures during the detention of persons suspected of committing a crime by employees of the internal affairs bodies of the Russian Federation. The value of the conducted research lies in drawing attention to ensuring the personal safety of each employee of the Department of Internal Affairs in order to reduce the risk in the course of service.
Keywords: tactical and special training, physical aspects of detaining a criminal, personal security.
Reference bibliographic list
1. Zhikrivetskaya Yu. V. Psychological analysis of the personal qualities of police officers in stressful situations // New University. – 2013. – No. 3 (40). – S. 46-48.
2. Bovin BG Psychological fitness for law enforcement service. – Moscow: Yurlitinform, 2018. – 355 p.
ECONOMY. RIGHT. SOCIETY
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
FARVAZOVA Anastasia Vyacheslavovna
magister student of the Institute of History and Public Administration of the Bashkir State University
GILYAZOVA Alisa Ildarovna
student of the Faculty of Mathematics and Informational Technologies of the Bashkir State University
SIZONENKO Zarina Leronovna
Ph.D. in sociological sciences, associate professor of Public administration sub-faculty of the Bashkir State University, Ufa, Russia
SAGADIEVA Diana Hadisovna
magister student of the Institute of History and Public Administration of the Bashkir State University
MATERIAL INCENTIVES FOR THE REMUNERATION OF CIVIL SERVANTS
The relevance of research. In public authorities, personnel management plays an important role, since the effectiveness of public services provided depends on it. We believe that the formation of qualified personnel depends on professional and personal qualities, methods of recruitment and selection of personnel, motivation of civil servants and incentives for remuneration.
Keywords: staff motivation, analysis of expenses for the remuneration of civil servants, public institution.
Reference bibliographic list
1. Ignatieva O. N., Galimullina N. A., Garipov R. R. Analysis of management methods in state executive authorities // Eurasian Law Journal. 2019. No. 7 (134). pp. 356-358.
2. Official website of the Office of the Government of the Republic of Belarus. – [Electronic resource]. – Access mode: https://pravitelstvorb.ru/
3. Polyanina O. A., Sizonenko Z. L. Project-oriented education at the university: experience and mistakes // In the collection: Modern technologies of state and municipal management. Collection of scientific works of teachers, students and undergraduates of the department of public administration. Rep. editor Z. L. Sizonenko. Ufa, 2021, pp. 39-46.
ECONOMY. RIGHT. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economic sciences, professor, professor of Innovative entrepreneurship sub-faculty of the N. E. Bauman Moscow State Technical University
MAKEEV Alexander Viktorovich
student of Innovative entrepreneurship sub-faculty of the N. E. Bauman Moscow State Technical University
BUSINESS READINESS ASSESSMENT METHODOLOGY TOWARDS DIGITAL TRANSFORMATION
The article is dedicated to the study of the reasons for the transition from methods for assessing the innovative potential of an enterprise to a method for assessing the readiness of a business for digital transformation.
A study of approaches to assessing the innovative development of an economic entity or system was carried out. It was concluded that it is necessary to include in the methodology indicators that characterize the digital components of business models. Statistics characterizing the readiness of the business to switch to digital forms of doing business are summarized. The study justifies the relevance of the development of methodological approaches to the quantitative assessment of the readiness of business models for digital transformation.
Based on the basic indicators of assessing the innovative potential of the enterprise, the principles of the author’s methodology for assessing the readiness of the business for digital transformation (methodology – RDT) were developed. Presented: a set of calculated parameters of the RDT method; parameters for calculation of RDT level; criterion values of RDT indicators of the business model; total integral RDT-index. Promising directions for improving the methodological basis for assessing business models for innovative development have been formulated.
Keywords: innovation, digital transformation, readiness for digital transformation, assessment and analysis, methodology, indicators.
Reference bibliographic list
1. Koroleva A. A. Economic effects of digital logistics // Journal of the Belarusian State University. Economy. – 2019. – No. 1. – pp. 68-76.
2. Lapteva E. A. Classification of factors for the development of the enterprise’s innovative potential // Economics and Entrepreneurship. – 2013. – No. 9. – S. 495-498.
3. Lapteva E. A. A set of indicators for assessing the innovative potential of an enterprise // European Social Science Journal (European Journal of Social Sciences). – 2014. – No. 3. – Volume 2. – P. 440-448.
4. “Guidelines for the digital transformation of state corporations and companies with state participation”, Ministry of Digital Development, Communications and Mass Media of the Russian Federation, 2020. [Electronic resource]. – Access mode: https://digital.gov.ru (date of access: 10/15/2022).
5. “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030”, Decree of the President of the Russian Federation of 09.05.2017 No. 203. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 10/15/2022).
6. Trifilova A. A. Evaluation of the effectiveness of the innovative development of the enterprise. – M.: Finance and statistics, 2005. – 304 p.
7. Tᴩifilᴏva A. A. Management of innovative development of an enterprise. – M.: Finance and statistics, 2003. – 173 p.
8. “Digital Economy: 2022. Brief Statistical Collection” // National Research University “Higher School of Economics”, 2021. [Electronic resource]. – Access mode: https://issek.hse.ru (date of access: 10.10.2022).
9. Shlyakhto I. V. Assessment of the innovative potential of an industrial enterprise // Bulletin of the Bryansk State Technical University. – 2006. – No. 1 (19). – pp. 109-115
10. [Electronic resource]. – Access mode: https://unctad.org (date of access: 10.10.2022).
ECONOMY. RIGHT. SOCIETY
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the Oryol State Agrarian University
BOLSHAKOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the Oryol State Agrarian University
GRISHINA Svetlana Yurjevna
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the Oryol State Agrarian University
IMPORT SUBSTITUTION IN THE SUGAR SUB-COMPLEX AS A FOOD SECURITY PRIORITY
The development of a sugar-producing subcomplex is the basis for ensuring food safety for a strategically important product – sugar. To solve this problem, the economic entities of the agro-industrial complex should increase the efficiency of sugar beet production, thereby ensuring the competitiveness of the domestic sugar industry. The objectives of the study included the study of the current state and trends in the development of sugar beet production in the Oryol region, the analysis of the dynamics of yield indicators, the gross harvest of sugar beet – the main source of raw materials for sugar production, the provision of sugar beet production with material resources, the assessment of the economic effectiveness of beet farming.
Keywords: sugar production, import substitution, food security, beet sugar subcomplex, sugar market.
Reference bibliographic list
1. Anichin VL, Sazonov SV The main directions of improving the economic mechanism of the agro-industrial complex // Bulletin of the Kursk State Agricultural Academy. – 2012. – No. 1. – S. 7-9.
2. Bykovskaya N. V., Ivanova N. M., Sokovikov O. B. Economic efficiency of sugar beet production in Russia // Innovations and investments. – 2019. – No. 1. – P. 258-260.
3. Voinova N. E., Chaplygina O. G. Sugar beet production as a factor in the sustainable development of municipalities of the Central Chernozem Region // Municipalities of modern regions: problems of research, development and management in conditions of geo-economic and political instability. – Voronezh, 2016. – S. 234-237.
4. Kalinicheva E. Yu., Uvarova M. N., Zhilina L. N. Toolkit for implementing a competitive strategy for the development of sugar plants in the Russian Federation // Bulletin of Agrarian Science. – 2020. – No. 1 (82). – S. 115-121.
5. Saltyk I. P. Sugar beet is the main raw material for sugar production // Scientific support of agro-industrial production: materials of the International scientific and practical conference. – Kursk, 2014. – S. 246-247.
6. Uvarov D. V. Systematization of criteria, indicators and factors of the effectiveness of the development of the sugar industry // Bulletin of the South-Western State University. – 2014. – No. 6 (57). – S. 134-139.
7. Uvarov D. V., Uvarova M. N. Optimization of raw material supply of sugar factories // Sugar beet. – 2012. – No. 9. – P. 45-48.
8. Chaplygina O. G. Features of the development of the sugar industry in Russia // Economics of sustainable development. – 2018. – No. 3 (35). – S. 193-197.
9. Proka N. I., Gulyaeva T. I., Savkin V. I., Kalinicheva E. Y., Buraeva E. V. Assessment of labor incentive policy in the agro-industrial complex // In the collection: IOP Conference Series: Earth and Environmental Science. Krasnoyarsk Science and Technology City Hall. – Krasnoyarsk, Russian Federation, 2021. – P. 22020.
ECONOMY. RIGHT. SOCIETY
CHEREMISINA Nataliya Valentinovna
Ph.D. in economical sciences, professor, professor of Economics and management sub-faculty of the G. R. Derzhavin Tambov State University
CHEREMISINA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Economics and management sub-faculty of the G. R. Derzhavin Tambov State University
GOLOMIDOVA Polina Nikitichna
student of the 3rd course of the direction 38.03.01 “Economics” of the G. R. Derzhavin Tambov State University
PUSTYNNIKOVA Elizaveta Andreevna
student of the 3rd course of the direction 38.03.01 “Economics” of the G. R. Derzhavin Tambov State University
SOCIO-ECONOMIC SITUATION OF THE TAMBOV REGION IN TIMES OF CRISIS
Based on the data of state statistics, an analysis of the socio-economic situation of the region was carried out on the example of the Tambov region. The population size, natural and mechanical movement, basic health indicators, monetary incomes of the population, average monthly wages of workers, both in nominal and real terms, are analyzed. The monitoring revealed the main problems of socio-economic development of the Tambov region.
Keywords: demographic policy, medical care, monetary income of the population, subsistence minimum, purchasing power.
Reference bibliographic list
1. Official website of the territorial body of the Federal State Statistics Service for the Tambov region. [Electronic resource]. – Access mode: https://tmb.gks.ru/
2. Official website of the Financial Department of the Tambov region. [Electronic resource]. – Access mode: https://fin.tmbreg.ru/
3. Unified interdepartmental information and statistical system. [Electronic resource]. – Access mode: https://fedstat.ru/
4. National project “Demography”. [Electronic resource]. – Access mode: https://mintrud.gov.ru/ministry/programms/demography.
ECONOMY. RIGHT. SOCIETY
ASLYAMOVA Eleonora Marselevna
magister student of the 2nd course of the National Research University “Moscow Power Engineering University”
METHODS FOR EVALUATING THE EFFECTIVENESS OF THE INTRODUCTION OF DIGITAL TECHNOLOGIES IN PROCUREMENT ACTIVITIES IN OIL AND GAS COMPANIES
This article discusses modern methodological approaches to assessing the effectiveness of the introduction of digital technologies in the procurement activities of oil and gas companies. An analysis of foreign and Russian practices for evaluating the effectiveness of IT solutions and projects for the introduction of digital technologies is presented. The main criteria parameters for calculating the financial and economic effect and relative performance indicators are determined on the example of a system of public and corporate procurement.
Keywords: procurement, digitalization, digital technologies, procurement efficiency, financial savings, labor resources, time parameters.
Reference bibliographic list
1. Digital transformation of procurement: right off the bat. [Electronic resource]. – Access mode: https://www.tadviser.ru/images/8/83/RUS_Jumpstarting_the_Digital_Procurement_Journey.pdf.
2. Kapoguzov E. A., Drozdova N. V. Performance indicators in the public procurement system in the context of digital transformation (on the example of the Omsk region) // Bulletin of the Omsk University. Series “Economics”. – 2021. – T. 19. – No. 4. – S. 88-104.
3. Methodology for evaluating the effectiveness of digital solutions. [Electronic resource]. – Access mode: https://qazindustry.gov.kz/docs/ Proekt_metodiki_otsenki_effektivnosti.pdf.
4. Khalikova E. A., Safiullin I. R. Improvement of corporate procurement management system // Eurasian legal journal. – 2017. – No. 9 (112). – S. 384-385. [Electronic resource]. – Access mode: https://www.ung.uz/?ysclid=l8mtdtc3y377321763/
5. Business planning: from theory to practice: textbook. allowance / L. I. Vanchukhina, T. B. Leibert, E. A. Khalikova. − 2nd ed., rev. and reworked. – Ufa: UGNTU Publishing House, 2016. – 305 p.
ECONOMY. RIGHT. SOCIETY
Borisov Alexander Olegovich
magister student of the Ufa State Petroleum Technical University
NIZAMETDINOVA Ekaterina Alexeevna
magister student of the Ufa State Petroleum Technical University
PROSPECTS FOR ECONOMIC STABILIZATION OF THE FUEL AND ENERGY COMPLEX OF RUSSIA IN THE CONTEXT OF THE NARROWING OF THE SANCTIONS RING
The purpose of the article is to study the prospects for economic stabilization of the fuel and energy complex (FEC) of Russia in the context of the narrowing of the sanctions ring. The methods of retrospective, statistical, graphical, comparative, prospective analyzes were used in the work. The analysis of the impact of sanctions on the stability of the functioning of the fuel and energy complex of the Russian Federation was carried out differentiated by sectors: oil and oil production, natural gas, coal. Also, special attention is focused on the prospects for the development of renewable energy sources (RES) in the Russian Federation. According to the results of the study, it was revealed that the main directions for stabilizing the fuel and energy complex of the Russian Federation are the reorientation of the market in the eastern direction, import substitution of technologies and equipment, overcoming logistical barriers, and attracting private investment.
Keywords: fuel and energy complex, coal, natural gas, oil, RES, sanctions.
Reference bibliographic list
1. The European Union has completely stopped buying Russian coal. [Electronic resource]. – Access mode: https://www.rbc.ru/politics/10/08/2022/62e229b39a794791f3187fe3 (date of access: 11/05/2022).
2. Export of oil and oil products from Russia. [Electronic resource]. – Access mode: https://ru-stat.com/date-Y2020-2021/RU/export/world/0527 (date of access: 11/05/2022).
3. How can the Russian fuel and energy complex cope with sanctions. [Electronic resource]. – Access mode: https://www.ng.ru/energy/2022-06-13/9_8459_sanctions.html (date of access: 11/05/2022).
4. Russian fuel and energy complex under sanctions restrictions. [Electronic resource]. – Access mode: https://ac.gov.ru/uploads/2-Publications/energo106.pdf (date of access: 05.11.2022).
5. Oil production and refining market 2022: fuel and energy complex under sanctions. [Electronic resource]. – Access mode: https://delprof.ru/press-center/open-analytics/rynok-dobychi-i-pererabotki-nefti-2022-tek-pod-sanktsiyami/ (date of access: 11/05/2022).
6. Simonova M. D., Zakharov V. E. Statistical analysis of trends in the development of global renewable energy // Bulletin of MGIMO University. – 2019. – No. 4. – S. 67-75.
7. Gromov A.A. Long-term effect of the COVID-19 pandemic // National Industry Journal. – 2020. – No. 2. S. 7-15.
ECONOMY. RIGHT. SOCIETY
ABRAMOV Nikita Romanovich
student of the training course “Information Security” of the Institute of History and Public Administration of the Bashkir State University
SAMIGULLIN Ruslan Rasikhovich
student of the Bashkir State University
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Bashkir State University
SOCIO-ECONOMIC CONSEQUENCES OF SANCTIONS POLICY AS REGULATORY MEASURES
The current international situation is characterized by the build-up of contradictions, the instrument of resolution of which is the sanctions policy of Western countries in order to exert pressure on other countries that do not share the hegemony of the sending countries of sanctions. The relevance of the study is determined by the build-up of the sanctions policy, the effectiveness of which raises questions and research interest in studying their impact on the state of the participating countries. The object of the study is the international space of interaction between states within the framework of ensuring international security. The subject of the study is the socio–economic space that determines the characteristics of the internal state of the recipient country of sanctions. The purpose of the study is a theoretical analysis of the effectiveness of the sanctions policy. The result of the study is a retrospective experience of the application of sanctions policy by Western countries convincingly proves the complete ineffectiveness of such measures of influence with the deterioration of the social and economic situation of both sides.
Keywords: sanctions, politics, national security, cultural restrictions, costs, efficiency.
Reference bibliographic list
1. Maller T. Diplomacy derailed: The consequences of diplomatic sanctions // The Washington Quarterly. – 2010. – T. 33. – No. 3. – S. 61-79. – DOI: 10.1080/0163660X.2010.492341.
2. Allen S. H. The determinants of economic sanctions success and failure // International Interactions. – 2005. – T. 31. – No. 2. – S. 117-138. – DOI: 10.1080/03050620590950097.
3. Best S. Sporting sanctions as symbolic violence: an evaluation of how the Football League communicates with fans who challenge the legitimacy of the sporting sanctions policy // Soccer & Society. – 2011. – T. 12. – No. 5. – S. 664-676.
ECONOMY. RIGHT. SOCIETY
KHAKIMOV Ruslan Miratovich
Ph.D. in technical sciences, associate professor of Quality management sub-faculty of the Faculty of Engineering of the Bashkir State University
ABRAMOV Nikita Romanovich
student of the Information Security training course Institute of History and Public Administration of the Bashkir State University
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Bashkir State University
INERTIA OF SOCIO-ECONOMIC SYSTEMS IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT
The sustainable development of social and economic systems within the framework of social dynamics and sustainable economic ties is complicated by the presence of the inertia factor, which inevitably provokes gaps between the motivating factors of development and the planned result. The relevance of the study is determined by the need to study the factors and prerequisites for reducing these gaps and ensuring sustainable development at all levels of the social hierarchy. The object of the study is a public space in which the preservation of national interests and national security is ensured. The subject of the study is the gaps between the elements of socio-economic systems within the framework of the concept of sustainable development and preservation of environmental well-being. The purpose of the study is to present a meaningful description of the gaps in sustainable development and measures to eliminate them. The results of the study include a theoretical justification of the presence of inertia as a factor in countering sustainable development at all levels of public space and a description of possible measures to reduce the gaps in sustainable development.
Keywords: socio-economic systems, social inertia, economic inertia, ecological balance, society, natural capital.
Reference bibliographic list
1. Lenkova O. V. et al. Managing Sustainable Development of Socio-Economic Systems //Asian Social Science. – 2014. – T. 10. – No. 24. – P. 63.
2. Kanaeva O. A. Social imperatives of sustainable development // Bulletin of St. Petersburg University. Economy. – 2018. – No. 1. – S. 26-58.
3. Khairullin V. A., Makar S. V., Yamalova E. N. Inertia in socio-economic systems: theoretical and heuristic analysis of the phenomenon // Discussion. – 2021. – No. 5 (108). – S. 88-104. – DOI 10.46320/2077-7639-2021-5-108-88-104. – EDN ZNUDXK.
4. Barbier E. B. Natural resources and economic development. – Cambridge University Press, 2005.
PHILOSOPHY. RIGHT. SOCIETY
RUDKEVICH Elena Yurjevna
Ph.D. in science philosophicals, professor of Military-political work in the military (forces) sub-faculty, branch of the Military Training and Research Center of the Air Force “Air Force Academy named after Professor N. E. Zhukovsky and Yu. A. Gagarin” in Syzran , Corresponding member of the Academy of Military Sciences
THE LEGACY OF SUN TZU AND HIS ASSESSMENT FOR THE MODERN PHILOSOPHY OF WAR
Sun Tzu’s legacy is small: a treatise on the art of war. The article gives a brief analysis of this treatise, shows its significance for the characteristics of modern hybrid wars. An attempt is made to answer the question of how universal Sun Tzu’s ideas about war and tactics of warfare are. It is stated that the era of classical wars is over, modern wars can be characterized to a greater extent as a hybrid. It is revealed that in the treatise of Sun Tzu it is possible to find provisions specific to hybrid wars.
Keywords: philosophy of war, Sun Tzu, hybrid warfare, modern warfare, military art.
Reference bibliographic list
1. Creveld M. van. War transformation. – M.: IRISEN, Sotsium, 2015. – 320 p.
2. Sun Tzu. Art of War. – M.: AST Publishing House, 2019. – 192 p.
3. Glucksmann A. Philosophy of hate. – M.: AST: AST MOSCOW: Transitbook, 2006. – 284 p.
4. Elias N. On the process of civilization. Sociogenetic and psychogenetic studies. T. 2. Changes in society. Project of the theory of civilization. – M.; St. Petersburg: University book, 2001. – 382 p.
5. Eco U. Making sense of the war // Eco U. Five essays on ethics. – St. Petersburg: Symposium, 2007. – S. 25-49.
6. Virilio P. Speed and Politics. – New York: Semiotext, 1986. – 174 rubles.
7. Clausewitz K. fon. About war. In 2 volumes – M .: LLC “Publishing House AST”; St. Petersburg: Terra Fantastica, 2002. Vol. 1. – 558 p.
8. Kaldor M. New and old wars: organized violence in the global era. – M.: Publishing House of the Gaidar Institute, 2015. – 416 p.
9. Sun Tzu. Art of War. – M.: Eksmo, 2020. – 448 p.
10. Popov I. M., Khamzatov M. M. War of the future: Conceptual foundations and practical conclusions. Essays on strategic thought. – M.: Kuchkovo field, 2016. – 832 p.
11. Shakirova E. Yu., Cherepanov A. Yu. Typology of wars: fundamentals of philosophical analysis // Bulletin of the Academy of Military Sciences. – 2018. – No. 3 (64). – S. 16-21.
PHILOSOPHY. RIGHT. SOCIETY
RUBANTSOVA Tamara Antonovna
Ph.D. in science philosophicals, professor, Head of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies
THE CONCEPT OF MAN IN THE RELIGIOUS AND PHILOSOPHICAL TRADITION OF THE MIDDLE AGES
The article analyzes Christian anthropology in Western Europe in the Middle Ages. The era of patristics is interesting in that at this time there is a process of formation of Christian theology and dogma. However, it should be noted that despite the denials of ancient values and ideals, church fathers retain interest in man, albeit within the framework of theological concepts. The article examines conceptual approaches to man in the medieval Christian tradition. The study gives a comparative analysis of the Christology of A. Augustine and the development of the ideas of Christian anthropology of T. Aquinas.
Keywords: anthropology, man, christology of Tertullian, concept of man Augustine and T. Aquinas.
Reference bibliographic list
1. Augustine A. Confession / Per. from Latin. M. K. Sergienko. – Moscow: Renaissance, 1991. – P. 156.
2. Aquinas F. The sum of theology / Per. from lat. S. E. Eremeeva, A. A. Yudina. – Kyiv: Elga, Moscow: Nika – Center, 2002. – S. 237.
3. Marru A. St. Augustine and Augustinianism. – Moscow: Vestkom, 1999. – P. 34.
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
FROM A RATIONAL ANIMAL TO A RATIONAL PERSON: THE FOUNDATIONS OF I. KANT’S ANTHROPOLOGY
The article conceptualizes the teachings of I. Kant about man as a special rational being, different from the world of things and animals. Rationality, used for higher purposes, is the basis of human dignity. The special value of a person does not follow from his biological characteristics, from his belonging to the natural world. On the contrary, its source is the ability to rise above one’s own physicality, reject the dictates of nature and act according to the laws that a person, as an intelligible being, imposes on himself with the help of his mind.
Keywords: I. Kant, Anthropology, Animal, Mind, Self-reflection.
Reference bibliographic list
1. Andriyanov I. E. The problem of correlation of apperception, self-consciousness and consciousness in I. Kant’s critical philosophy // Kant’s collection. – 2020. – T. 39. – No. 3. – S. 24-53.
2. Vorokhobov A. V. Personality from the point of view of personalistic actualism // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod: Rideau, 2020. – Issue. 18. – S. 349-359.
3. Vorokhobov A. V. Features of postmodern Western religiosity // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod, 2012. – No. 10 (10). – S. 25-35.
4. Vorokhobov A. V. Personalistic interpretation of Protestant hamartiology in the work of Emil Brunner // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. – Tambov: Diploma, 2016. – No. 9 (71). – C. 35-37.
5. Vorokhobov A. V. The problem of the referent of the Protestant hermeneutic discourse: the method of “humanistic” theology // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – Nizhny Novgorod, 2012. – Issue 17. – S. 237-245.
6. Vorokhobov A. V., Semikopov D. V., Sobko R. V., Ulanov M. V. Aesthetic and moral in N.V. Gogol // Eurasian legal journal. – 2021. – No. 2 (153). – S. 440-441.
7. Kant I. Anthropology from a pragmatic point of view // Kant I. Collected works in eight volumes. – Publishing house “Choro”, 1994. – T. 7. – S. 137-376.
8. Kant I • Critique of Pure Reason / Per. with him. N. O. Lossky with options per. in Russian and European languages. – M.: Nauka, 1999. – 655 p.
9. Locke D. Works in 3 vols. – M., 1985. – Vol. 1. – 621 p.
PHILOSOPHY. RIGHT. SOCIETY
GAYNULLIN Ruslan Anvarovich
Ph.D. in biological sciences, associate professor of the Bashkir State Medical University
BIKIMBETOV Ruslan Giniyatovich
Ph.D. in pedagogical sciences, associate professor of the Bashkir State Medical University
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
SOCIAL FORECASTING AND DESIGN OF SOCIETAL SYSTEMS
The article is dedicated to the study of theoretical and methodological problems of social forecasting and design of societal systems. The shortcomings and contradictions of the existing methodological approaches to social forecasting and the design of complex societal systems are considered, and potential directions for the development of methodology to improve the accuracy of forecasting societal objects are disclosed.
Keywords: social forecasting and design, societal system, methodology, society, risks and vulnerabilities of social systems.
Reference bibliographic list
1. Bernal J. Science in the history of society. – M.: Ed. foreign lit., 1956. – 735 p.
2. Vildanov Kh. S. To the problem of relativism of political values // Eurasian legal journal. – 2018. – No. 11 (126). – S. 438-440.
3. Vildanov Kh. S. The role of post-non-classical axiology in the study of social processes // Eurasian legal journal. – 2020. – No. 5 (144).
– S. 477-479.
4. Vildanov Kh. S., Usmanov M. R. Social engineering and social technologies in the management of social processes in a multinational and multicultural society // Eurasian legal journal. – 2019. – No. 10 (137). – S. 430-433.
5. Wiener N. The man in charge. – St. Petersburg. Peter, 2001. – 288 p.
6. The concept of sustainable development. Great Russian Encyclopedia. [Electronic resource]. – Access mode: https://bigenc.ru/world_history/text/2094308.
7. Toshchenko Zh. T. Social forecasting // Thesaurus of sociology. Thematic dictionary-reference book. Ed. Zh. T. Toshchenko. – M., 2009. [Electronic resource]. – Access mode: https://voluntary.ru/termin/prognozirovanie-socialnoe.html.
PHILOSOPHY. RIGHT. SOCIETY
GUTOROV Yuriy Alexandrovich
lecturer of the Nizhny Novgorod Theological Seminary
PLAKSIN Viktor Alexandrovich
lecturer of the Nizhny Novgorod Theological Seminary
SPIRIN Vasiliy Konstantinovich
lecturer of the Nizhny Novgorod Theological Seminary
THE EURASIAN ESSENCE OF THE RUSSIAN CIVILIZATION IN THE HISTORIOSOPHY OF THE EURASIANS
The article presents an analysis of the philosophy of Russian history, which took shape within the framework of the philosophical and political movement of Eurasianism; the genesis and basic principles of the historical and philosophical concept of the Eurasians are highlighted. The views of the Eurasianists on the problem of the relationship between Russia and Europe, East and West, as well as on the place of Russia in world history, the specifics of its statehood, history and culture, taking into account a special, middle position , are considered.
Keywords: Eurasianism, History of Russia, G. V. Vernadsky, N. S. Trubetskoy.
Reference bibliographic list
1. Gutorov Yu. A. The concept of national and international relations in the philosophy of Eurasianism. // Orthodox Church Science: Traditions, Innovations, Current Contexts. – Nizhny Novgorod, 2019. – No. 9. – S. 29-36.
2. Gutorov Yu. A. The problem of “East-West” in the work of Eurasians // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – 2011. – No. 14. – S. 233-240.
3. Gutorov Yu. A. Religion and the church as a spiritual source of the state and personality according to the teachings of the Eurasians. // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod, 2011. – No. 9. – S. 65-70.
4. Savitsky P. N. On the tasks of nomadic studies (Why should the Scythians and Huns be of interest to a Russian?). – M.: Agraf, 2010. – S. 44.
PHILOSOPHY. RIGHT. SOCIETY
NAZAROVA Marina Grigorjevna
Ph.D. in science philosophicals, associate professor of Humanities and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
N. A. BERDYAEV’S ESCHATOLOGICAL IDEAS ABOUT THE FATE OF RUSSIA AND THE WORLD
The article deals with the eschatological ideas of N.A. Berdyaev, his understanding of the history of Russia and the fate of the world, rethinking the concept of progress. The thinker reveals his approach to understanding the metaphysics of history, the essence of history, gives a philosophical analysis to the eras of human development. The doctrine of progress is connected with the understanding of time in the context of the metaphysics of history. From the position of idealism, he characterizes the errors of the concept of progress, which continue in the wrong humanistic attitudes. The humanistic ideas of the New Age considered the fate of a person in the context of temporal fragmentation, and true understanding turns a person to eternity, since only in this way can the fate of a particular person and humanity as a whole be resolved. History is an exit to another world through religious content. The transcendental exit will help solve the problems of history and remove its contradictions.
Keywords: philosophy of history, metaphysics of history, doctrine of progress, revolution, religious content, civilization, culture, end of history, humanistic idea, moral consciousness.
Reference bibliographic list
1. Abuzarova N. A. On the morality of Man // Eurasian legal journal. – 2021. – No. 2 (153). – S. 437-439.
2. Berdyaev N. A. The meaning of history. – M.: Thought, 1990. – 174 p.
3. Bondarenko VN On the formation of non-classical philosophy // Eurasian legal journal. – 2021. – No. 2 (153). – S. 465-466.
4. Kuvakin V. A. Thinkers of Russia: Izbr. lectures on Russian history. philosophy. – M.: Ros.gumanist.o-vo, 2006. – S. 395-405.
5. Nazarova M. G. Reflection of revolutionary processes in the philosophical works of N. A. Berdyaev // Revolutions in domestic and world history: to the 100th anniversary of the Russian revolutions of 1917: mater. intl. scientific conf. St. Petersburg, April 14, 2017 / ed. V. M. Dobroshtana, S. I. Bugasheva, A. S. Minina, T. V. Rabush. – St. Petersburg: FGBOUVO “SPbGUPTD”, 2017. – S. 246-249.
6. Nazarova M. G. N. A. Berdyaev’s reflections on revolutions and the fate of Russia // Revolution and modernity: materials of the scientific and practical conference on March 3, 2017 / ed. ed. A. G. ANNIN, R. V. Evstifeev. – Vladimir: Vladimir branch of the RANEPA, 2017. – S. 171-175.
7. Nazarova M. G., Abramov A. V. Russian revolutions and the modern world through the prism of philosophical views of N. A. Berdyaev // Context and reflection: philosophy about the world and man. – 2022. – Volume 11. – No. 3 A. – S. 34-40.
PHILOSOPHY. RIGHT. SOCIETY
IVANOVA Evgenia Vladimirovna
Ph.D. in science philosophicals, associate professor, professor of Ontology and theory of knowledge sub-faculty of the first President of Russia B. N. Yeltsin Ural Federal University
THE CONCEPT OF RELIGIOUS SECURITY AND ITS IMPLEMENTATION IN THE EDUCATIONAL ENVIRONMENT
The article, based on the analysis of legal documents in the sphere of regulation of national and religious relations, offers some practical recommendations for the implementation of measures aimed at observing the principles of freedom of conscience, religious tolerance among the youth through educational institutions. New forms of modern religiosity are revealed – cyber-religions and “religions of fictional worlds”, the reasons for the emergence of interest in this kind of religious phenomena of “new spirituality” are indicated. The conclusion is made about a possible “response” to the “challenges” of cyber-religious spirituality through the formation of a “civil religion” in society.
Keywords: religion, spirituality, traditional religions, religious security, new spirituality, traditional Russian values, civil religion.
Reference bibliographic list
1. Bespalenko P. N. Spiritual security in the national security system of modern Russia: institutionalization problems and solution models: Abstract of the thesis. … for the competition. scientist step. doc. polit. Sciences. Rostov-on-Don, 2009. – 54 p.
2. Egorov V. A. The theme of civil religion in modern Russian religious studies // Bulletin of the Leningrad State University named after A. S. Pushkin. – 2021. – No. 1. – P. 113-123.
3. Zabiyako A. P., Voronkova E. A., Lapin A. V., Pratyna D. A. et al. Cyberreligion: science as a factor of religious transformations; ed. A. P. Zabiyako. – Blagoveshchensk: Amur State. un-t, library of the journal “Religious Studies”, 2012. – 208 p.
4. Ivanova E. V., Melnikova E. V. Legal protection of the religious feelings of believing citizens: features of religious studies expertise // Eurasian legal journal. – 2021. – No. 2 (15.) – P. 449-450.
5. Ivanova E. V., Penionzhek E. V., Shmyrova A. Yu. Cyberreligions: the problem of participation of the Russian Orthodox Church in the media space (on the example of social networks) // Eurasian Law Journal. – 2019. – No. 10 (137). – S. 448-450.
6. Kozlov SV Legal mechanisms for ensuring religious security. Abstract of the dissertation for the degree of candidate of legal sciences: Rostov Institute of the Ministry of Internal Affairs of the Russian Federation. – Rostov-on-Don, 2006. – 24 p.
7. Melnik N. N. The phenomenon of civil religion: definition and origins of formation // Society, law, personality: issues of interaction in the modern world. Collection of articles of the international scientific-practical correspondence conference. – 2015 – S. 57-60.
8. Tarasevich I. A. Religious security as a key area of national security // Gaps in Russian legislation. – 2010. – No. 3. – P. 10-14.
PHILOSOPHY. RIGHT. SOCIETY
ALSHEVSKAYA Larisa Vladimirovna
Ph.D. in science philosophicals, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
PHILOSOPHICAL ONTOLOGY IN THE CONTEXT OF THE PEDAGOGY OF BEING: THEORETICAL AND METHODOLOGICAL ASPECT
Analyzing the ontological content of philosophy as a university discipline, the author of the article focuses on the unity of human being and being defined as substantiality. The possibility of a qualitative, deep understanding of the philosophical concept of being as an existential value as a result of its recognition in the process of self-reflection is indicated. A variant of the research work based on a system-pluralistic methodological paradigm with reference to a wide range of methods, approaches and principles of philosophical and pedagogical activity is proposed. The review of the main theses of the national pedagogy of being is made and the most important function of the philosophy of education as an educational theory is supported. The subjectivity of the “I”, which is possible only in the process of understanding-existence, is placed in the center of the epistemological paradigm of being.
Keywords: being, “I”, ontology, being, being, upbringing, education, pedagogy of being, meaning, existence, freedom, subjectivity.
Reference bibliographic list
1. Belousov M. A. On the issue of evidence in Husserl’s phenomenology: the given and the horizon // Philosophical Journal. 2021. V. 14. No. 2. S. 66-81
2. Bibikhin V. Mir. The language of philosophy. St. Petersburg: Azbuka, Azbuka-Antikus, 2016, 448 p.
3. Borytko N. M. Ontological approach in education. // Spiritual and moral education: from methodology to pedagogical activity: Collection of scientific. and method. works. / Comp. I. A. Solovtsova; ed. N. K. Sergeeva, N. M. Borytko, L. P. Razbegaeva et al. Volgograd, 2005. P. 142-152.
4. Borytko N. M. The space of education: the image of being. Volgograd: Change, 2000. 225 p.
5. Husserl E. Ideas towards pure phenomenology and phenomenological philosophy. M.: Academic project, 2009, 489 p.
6. Drozd K. V. Pedagogical potential of the event approach to the organization of interaction between the subjects of the educational space // Privolzhsky Scientific Bulletin. 2013. No. 8-1 (24). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskiy-potentsial-sobytiynogo-podhoda-k-organizatsii-vzaimodeystviya-subektov-vospitatelnogo-prostranstva (date of access: 04/20/2022).
7. Zeer E. F., Krezhevskikh O. V. Conceptual and theoretical foundations of personalized education. Obrazovanie i nauka. 2022. V. 24. No. 4. S. 11-39. DOI: 10.17853/1994-5639-2022-4-11-39
8. Kapterev P. F. Selected pedagogical works. Moscow: Pedagogy, 1982. 707 p.
9. Kokovina L. N. Ontological aspects of pedagogical reality // Bulletin of the Kostroma State University. N. A. Nekrasova. Series: Pedagogy. Psychology. Social work. Juvenology. Sociokinetics. 2012. Issue. 1. T. 18. S. 85-87.
10. Kolesnikova I. L. Pedagogical reality: the experience of inter-paradigm reflection. A course of lectures on the philosophy of pedagogy. SPb., 2001, 288 p.
11. Luzina L. M. Existential (ontological) approach to education // Strategies of education in the educational system of Russia: approaches and problems. M., 2005. S. 141-154.
12. Luzina L. M. Ontological concept of education: traditions and perspectives. 2001. [Electronic resource]. – Access mode: http://www.emissia.org/offline/2001/830.htm (date of access: 04/30/2022).
13. Luzina L. M. Synthesis of methodologies as a system of methods that allows you to see a person without reductions and simplifications. Izvestiya VGPU. 2010. No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sintez-metodologiy-kak-sistema-metodov-pozvolyayuschaya-uvidet-cheloveka-bez-reduktsiy-i-uproscheniy (date of access: 03/27/2022).
14. Luzina L. M. Theory of education: philosophical and anthropological approach. Pskov: PSPI im. S. M. Kirova, 2000, 186 p.
15. Mamardashvili M. K. Lectures on ancient philosophy. St. Petersburg: Azbuka, Azbuka-Antikus, 2014. 256 p.
16. Mamardashvili M. K. Conversations about thinking. St. Petersburg: Azbuka, Azbuka-Antikus, 2019, 576 p.
17. Pavlovsky AI Philosophy in the system of mass education: teaching as a mimetic practice // Education and science. 2022. V. 24, No. 3. S. 78-103. DOI: 10.17853/1994-5639-2022-3-78-103
18. Rozanov VV Twilight education. M.: Pedagogy, 1990, 624 p.
19. Rubinstein S. L. Man and the world. / S. L. Rubinstein. Being and consciousness. Man and the world. St. Petersburg: Piter, 2003. S. 282-426.
20. Sartre J.-P. Being and Nothing: An Experience of Phenomenological Ontology. M.: Respublika, 2000. 639 p.
21. Solovyov G. E. Event approach in the education of schoolchildren // Bulletin of the Udmurt University. Series “Philosophy. Psychology. Pedagogy”. 2009. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sobytiynyy-podhod-v-vospitanii-shkolnikov (date of access: 04/20/2022).
22. Ushatikova I. I. Implementation of the event approach in managing the formation of the professional position of future teachers // World of Science, Culture, Education. 2019. No. 1 (74). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/realizatsiya-sobytiynogo-podhoda-v-upravlenii-formirovaniem-professionalnoy-pozitsii-buduschih-uchiteley (date of access: 04/20/2022).
23. Ushinsky K. D. Pedagogical essays. In 6 volumes. T. 5. M.: Pedagogy, 1990, 528 p.
24. Heidegger M. Time and being M.: Respublika, 1993, 447 p.
25. Heidegger M. Kant and the problem of metaphysics. 2021. [Electronic resource]. – Access mode: https://psihdocs.ru/martin-hajdegger-kant-i-problema-metafiziki.html?page=62 (date of access: 04/21/2022).
26. Heidegger M. Main problems of phenomenology. St. Petersburg: Higher Religious and Philosophical School, 2001. 446 p.
27. Khodusov A. N., Kononova S. A. Ontological and worldview approach in the upbringing of children // Trends in the development of psychology, pedagogy and education: Collection of scientific papers following the results of the international scientific and practical conference. pp. 11-14. Kazan: Innovation Center for the Development of Education and Science, 2016, 123 p.
28. Chanyshev A. N. Treatise on non-existence // Philosophy and Society. 2005. No. 1. S. 5-15.
29. Shustova I. Yu. Education in the event: situational pedagogy // Pedagogy. 2018. No. 1. S. 53-61.
30. Shustova I. Yu. The formation of the subjectivity of a modern student // Domestic and foreign pedagogy. 2019. No. 1 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-subektnosti-sovremennogo-shkolnika (date of access: 04/20/2022).
31. Yampolsky M. Between outlook and the world. Logos. 2021. V. 31 No. 5. S. 77-90.
32. Yáñez A. X. Philosophy y estilo. Meditaciones sobre el camino pensante de Martin Heidegger // Eikasia revista de filosofia, 2022, 105 (marzo – abril). pags. 51-74. [Electronic resource]. – Mode of access: https://revistadefilosofia.org/105/105-03.pdf (in Spanish).
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
FUNDAMENTALS OF ANTHROPOLOGICAL VIEWS OF I. KANT (MAN AS A RATIONAL, SELF-IMPROVING BEING)
The article deals with the anthropological views of I. Kant. Man, according to the philosopher, differs from other living beings in his ability to self-improvement. This ability is played on the basis of innate qualities and inclinations. The goal of this process is a perfect rational being, i.e., a being that is always and everywhere, without any coercion, guided by reason. This is the ideal to which a person in his earthly life can approach only to a limited extent.
Keywords: I. Kant, anthropology, philosophy, innate qualities, moral inclinations, pragmatics.
Reference bibliographic list
1. Vorokhobov A. V. Features of postmodern Western religiosity // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod, 2012. – No. 10 (10). – S. 25-35.
2. Vorokhobov A. V. Personalistic interpretation of Protestant hamartiology in the work of Emil Brunner // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. – Tambov: Diploma, 2016. – No. 9 (71). – C. 35-37.
3. Vorokhobov A. V. The problem of the referent of the Protestant hermeneutic discourse: the method of “humanistic” theology // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – Nizhny Novgorod, 2012. Issue 17. – S. 237-245.
4. Vorokhobov A. V., Semikopov D. V., Sobko R. V., Ulanov M. V. Aesthetic and moral in the humanistic philosophy of N. V. Gogol // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 440-441.
5. Kant I. Anthropology from a pragmatic point of view // Kant I. Collected works in eight volumes. – Publishing house “Choro”, 1994. – T. 7. – S. 137-376.
6. Kant I. • Critique of pure reason / Per. with him. N. O. Lossky with options per. in Russian and European languages. – M.: Nauka, 1999. – 655 p.
6. Kant I. Fundamentals of metaphysics of morality. – St. Petersburg, 1995. – 528 p.
7. Brandt R. Kritischer Kommentar zu Kants “Anthropologie in pragmatischer Hinsicht” (1798). (Kant-Forschungen) (German Edition). hard cover. – January 1, 1999. – 544 s.
PHILOSOPHY. RIGHT. SOCIETY
GALIMOVA Lyudmila Rustamovna
postgraduate student of Philosophy sub-faculty of the Bashkir State Medical University
THE PROBLEM OF FORMING THE VALUE BASES OF SOCIALIZATION
The article discusses deals with the problems of functioning of a social subject in the process of socialization which are always conditioned by one or another value system. The value bases of behavioral models of socialization also determine the dynamics of social subjectivity. Contradictions and the main tendencies of personality formation in the process of socialization appear through the dialectic of internal and external aspects of personal formation. Value`s bases are a system that is considered as a specific mechanism for organizing motivation for social activity, therefore, the analysis is conducted in terms of socialization, values, behavioral models and social sublect.
Keywords: socialization, values, social subject, behavior models.
Reference bibliographic list
1. Bergson A. Creative evolution / Ch. 4. – M.: Kuchkovo field, 2006. – Paris. – 550 s.
2. Bourdieu P. Social space and symbolic power. – M.: Publishing House of the Beginning, 1994. – 288 p.
3. Sartre J. P. Existentialism is humanism / Twilight of the gods. – M.: Publishing house of political literature, 1989. – 344 p.
4. Habermas Yu. Moral consciousness and communicative action. – St. Petersburg: Nauka, 2000. – 380 p.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Yuliya Rabisovna
Ph.D. in science philosophicals, associate professor of Economic theory sub-faculty of the Ufa University of Science and Technology
ON THE RELATIVE CHARACTER OF EVIL
The article deals with the topic of the nature and relative nature of the phenomenon of evil. The change of paradigms in the history of philosophy has led to changes in the understanding of the problem of evil. The ontological approach to understanding the problem of good and evil is in the field of considering good as a substance, and evil as an accident, a lack of good being. The transformation of the understanding of the category of evil in the history of philosophy is associated with a shift in the understanding of the causes of evil to the cognitive ability of the subject. The concept of evil in the Modern era either acquires specific calculable meanings or is replaced by the concepts of “harmful”, “bad”, etc. Gradually, the understanding of evil is moving from an argument from the essence to an argument from reality, which leads to the understanding of a person as a being determined by the social environment.
Keywords: ontological status, being, essence, good, good, evil, metaphysics, subject, object.
Reference bibliographic list
1. Gaginsky. The ontological status of evil and the metaphysics of essence // Christian teaching, 2019.
2. Slepokurov A. A. The comprehensibility of death as evil in the teachings of N. F. Fedorov // Berdyaev N. A. The religion of resurrection (“Philosophy of the common cause” by H. O. Fedorov) // N. F. Fedorov: pro et contra: In 2 books. Book one. – St. Petersburg: RKhGI, 2004. – S. 424-469.
3. Shokhin VK The problem of evil and theodicy. – M.: IF RAN, 2006.
4. Kotenko A. A. The issue of theodicy in Leibniz and Kant // Almanac “Vita Cogitans”, Vita Cogitans. – Issue 1. No. 1. – St. Petersburg: St. Petersburg Philosophical Society, 2002.
5. Egorova Yu. R. Modern Western Philosophy. – Ufa: Slovohotov Publishing House, 2012.
PHILOSOPHY. RIGHT. SOCIETY
SHILOVA Olga Sergeevna
Ph.D. in historical sciences, associate professor of Mass communications and multimedia sub-faculty of the Irkutsk State University
SOCIO-PHILOSOPHICAL PROBLEMS OF THE ETHNOGENESIS OF THE RUSSIAN PEOPLE
The article examines the existing concepts of the formation of the Russian ethnos, rooted in the Early Slavic ethnicity. Despite the extensive list of literature concerning the ethnogenesis of the Russian people, the topic under consideration remains relevant, since this ethnos has its own prehistory even before the formation of the old Russian state, dating back several millennia. The problem of the formation of the Russian people is multifaceted and ambiguous, the question of the division of the ancient Slavs into separate ethnic groups remains open in science, the exact time of the appearance and meaning of the ethnonym “Rus” has not been determined .
The main characteristics of the ethnos are also considered in the work, special attention is paid to the initial stages of formation and the peculiarities of the self-consciousness of the early Slavs.
Keywords: ethnic groups, self-consciousness, people, philosophy.
Reference bibliographic list
1. Vernadsky G.V. History of Russia. Mongols and Rus’. – M.: Agraf, 1997. – 476 p.
2. Gumilyov LN Ethnogenesis and biosphere of the earth. – L.: Gidrometeoizdat, 1990. – 526 p.
3. Guseva N. V. Slavs and Aryans. The path of gods and words. – M: FAIR-PRESS, 2002. – 336 p.
4. Dal V. I. Explanatory dictionary of the living Great Russian language in 4 volumes. – M .: Russian language, 1982. – T. 4. – 683 p.
5. Nikolaeva N. A., Safronov V. A. The origins of Slavic and Eurasian mythology. – M.: White wolf. CRAFT. GUP Oblizdat, 1999. – 312 p.
6. Mavrodin VV The origin of the Russian people. – L .: Publishing house: Leningrad University, 1978. – 184 p.
7. Origin and ethnic history of the Russian people / Ed. B. B. Bunak – M .: Nauka, 1965. – 414 p.
8. Semenov Yu. I. Philosophy of history. – M .: Modern notebooks, 2003. – 775 p.
9. Safronov V. A. Indo-European ancestral homelands. – Gorky: Volga-Vyatka Prince. publishing house, 1989. – 402 p.
10. Trubachev O. N. Ethnogenesis and culture of the ancient Slavs. – M.: Nauka, 2003. – 500 p.
11. Shilova O. S., Khomich N. V. Social Philosophy. – Irkutsk: Megaprint, 2022. – 230 p.
PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate professor of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University
SOCIO-PHENOMENOLOGICAL STUDY OF THE BASIC LEVELS OF HISTORICAL CONSCIOUSNESS
The paper studies the historical consciousness, which has a complex multi-level structure. The basic level of historical consciousness is mythological consciousness, which does not reflect the principle of historicism, and is practically unreflexive, but compensating for gaps in higher levels of historical consciousness. The next level that lends itself to reflection is ordinary consciousness, which synthetically reflects the everyday experience of a person and society. It is pointed out that social phenomenology plays an important methodological role in the process of philosophical understanding of historical consciousness. It is emphasized that the temporal structures of consciousness, which form the basis of historical consciousness, are displayed in phenomenology in a rather complicated way. The subject is simultaneously in several times, temporal processes. The first time is his own, immediate given individual time of life. The second temporal dimension for a person is also the internal time of the secondary living of already accumulated experience (one’s own “historicity”). The third level of temporality perceived by a person becomes intersubjective, social experience (the history of society).
Keywords: social philosophy, philosophy of history, society, historical consciousness, ordinary consciousness, mythological consciousness, social phenomenology, temporality.
Reference bibliographic list
1. Husserl E. Ideas towards pure phenomenology and phenomenological philosophy. T. 1. – M.: Academic project, 2019. – 489 p.
2. Husserl E. Phenomenology of the internal consciousness of time // Collected Works. T. 1. – M.: Gnosis, 1994. – 162 p.
3. Schutz A. Favorites: The world, glowing with meaning. – M.: ROSSPEN. 2004. – 1056 p.
4. Schutz A. Social world and the theory of social action // RJ. Social and human sciences. Domestic and foreign literature. Series 11. Sociology. – M., 1997. – No. 2. – S. 24-43.
5. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of History Culture and Art Research. – 2018. – V. 7. – No. 2. – R. 41-47.
PHILOSOPHY. RIGHT. SOCIETY
LARYUSHKIN Sergey Alexandrovich
postgraduate student of philosophyhy and theology sub-faculty of the Kozma Minin Nizhny Novgorod State Pedagogical University
MANIFESTATION OF NATIONAL CONSCIOUSNESS IN THE FEAT OF THE RUSSIAN NEW MARTYRS (BASED ON THE MATERIAL OF LITURGICAL TEXTS)
The article attempts to analyze national aspects in the liturgical Orthodox text, which give an idea of the spiritual side of the national picture of the world. The appeal to texts of this kind for this purpose has its basis in the fact that it is in the hymnography that national ideas about spiritual factors in the historical process are crystallized and preserved as constants, about the formation of spiritual and moral norms and national identity on the basis of these factors, as well as the worldview of society. Modern society continues to comprehend the revolutionary events of the early twentieth century, linking the historical past with the present, searching for spiritual constants of its national identification in this comprehension. Because of this, the analysis carried out in the article can be taken into account in philosophical and sociological theories.
Keywords: nation, national identity, national idea, Holy Russia, liturgical text, new martyrs, spiritual feat.
Reference bibliographic list
1. Beglov A. L. – [Electronic resource]. – Access mode: https://psmb.ru/a/k-osmysleniyu-fenomena-novomuchenikov-i-ispovednikov-rossiyskih.html (date of access: 08/13/2022).
2. Bulgakov S., prot. Reflections on nationality. – [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Sergij_Bulgakov/razmyshlenija-o-natsionalnosti/ (date of access: 06/05/2022).
3. Kutyrev V. A. Being or nothing. – St. Petersburg: Publishing House “Aleteyya”, 2009. – 496 p.
4. Laryushkin S., prot. Ontology and universality of Christ’s Sacrifice as a means of preserving the spirituality of society // Proceedings of the Nizhny Novgorod Theological Seminary. – N. Novgorod, 2020. – No. 18. – P. 395.
5. Lepakhin VV Iconic Image of Holiness: Spatial, Temporal, Religious and Historiosophical Categories of Holy Rus’. Part 2. – [Electronic resource]. – Access mode: https://pravoslavie.ru/333.html (date of access: 08/17/2022).
6. Panarin A. S. Orthodox civilization / Comp., foreword. V. N. Rastorguev / Ed. ed. O. A. Platonov. – M.: Institute of Russian Civilization, 2014. – 1248 p.
7. Toporov VN Holiness and saints in Russian spiritual culture. T. I. The first century of Christianity in Rus’. – M .: “Gnosis”. School “Language of Russian Culture”, 1995. – 875 p.
8. Trubetskoy E. N. The meaning of life / Comp. and resp. ed. O. A. Platonov. – M.: Institute of Russian Civilization, 2011. – 656 p.
9. Fedotov G.P. Saints of Ancient Rus’. – M.: Moskovsky worker, 1990. – 269 p.
10. Shaposhnikov L. E., Parilov O. V. Formation of Russian messianism and its understanding in the early Old Believers // Bulletin of the Russian Christian Academy for the Humanities. T. 18. Issue 1. – St. Petersburg: RKhGA Publishing House, 2017.
11. Berdyaev N. A. Nationality and humanity. The fate of Russia. Experiments on the psychology of war and nationality. – M .: Philosophical Society of the USSR, 1990. – P. 19.
12. Vorokhobov A. V. Features and principles of Russian national self-consciousness // Damaskin. Journal of the Nizhny Novgorod Theological Seminary. – 2020. – No. 2 (52). – P. 10–15.
13. Vorokhobov A. V. Christian message and its contextualization // Damaskin. Journal of the Nizhny Novgorod Theological Seminary. – 2019. – No. 4 (50). – P. 10–15.
14. Vorokhobov A. V., Semikopov D. V., Sobko R. V., Ulanov M. V. Aesthetic and moral in the humanistic philosophy of N. V. Gogol // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 440-441.
15. Parilov O. V., Sobko R. V., Vorokhobov A. V., Spirin V. K. Christian Anthropology of the Russian Freemason-Conservative I. G. Schwartz // Eurasian Law Journal. 2021. No. 5 (156). pp. 509–510.
DYACHENKO Ekaterina Borisovna
Ph.D. in Law, Advisor to the Judge of the Court of the Eurasian Economic Union, senior researcher of the Institute of State and Law of the Russian Academy of Sciences
INFLUENCE OF THE CASE-LAW OF THE COURT OF THE EURASIAN ECONOMIC UNION ON LAW ENFORCEMENT IN THE RUSSIAN FEDERATION
EAEU law is consistently interpreted and applied by the courts of its Member States taking into account the principle of supremacy of the integration organization’s legal order and with the use of the legal findings previously formulated by the EAEU Court in other cases. The Russian case law incorporated both the legal findings of the EAEU Court that were formulated in cases regarding the application of specific areas of integration law, mostly in the field of customs regulation, and universal legal findings concerning, above all, the protection of human rights . The author suggests to overcome the problematic aspects of the interaction between judicial bodies linked to the fact that the possibility of review of a national courts’ judgment in which it applied an EAEU act that has been subsequently found to be not in line with the EAEU law by its court by modifying the Treaty on the Eurasian Economic Union.
Keywords: Court of the Eurasian Economic Union, judicial dialogue, legal order of the integration organization, newly discovered facts, protection of human rights.
Reference bibliographic list
1. Chaika KL Global constitutionalism or constitutionalization of the law of integration associations? // State and law. 2020. No. 3.
2. Dyachenko E. B., Entin K. V. Properties of the law of the Eurasian Economic Union through the prism of the practice of the EAEU Court // Journal of Russian Law. 2018.
No. 10 (262).
3. Entin M. L. Relationship and interdependence of the supranational and national judge // International Justice. 2012. No. 1 (2).
4. Jacobs F. G. Judicial dialogue and the cross-fertilization of legal systems: the European Court of Justice // Texas International Law Journal. 2003 Vol. 38.
5. Boisson de Chazournes L. Plurality in the fabric of international courts and tribunals: the threads of managerial approach // The European Journal of International Law. 2017.vol. 28. No. 1.
6. Rosas A. The European Court of Justice in context: forms and patterns of judicial dialogue // European Journal of Legal Studies. 2007 Vol. 1. No. 2.
7. Entin KV Influence of the legal positions of the Court of the Eurasian Economic Union on the law enforcement practice of Russian courts in customs disputes // Bulletin of the Russian Customs Academy. 2022. No. 3.
8. Dyachenko E., Entin K. Competence of the Court of the Eurasian Economic Union: myths and reality // International Justice. 2017. No. 3 (23).
9. Walton D. Legal reasoning and argumentation // Handbook of Legal Reasoning and Argumentation ed. by Bongiovanni G., Postema G., Rotolo A., Sartor A., Walton D. Springer, 2016.
INTERNATIONAL LAW
BOGATYRENKO Irina Andreevna
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
HISTORICAL BACKGROUND AND CURRENT PROBLEMS OF THE UNIVERSAL HUMAN RIGHTS TREATY BODIES
The article deals with the background of the human rights treaty bodies, its formation and main activities. Problems of functioning of the treaty body system noted by states and academic community are caused by its sessions. The article also considers proposed reform measures of the treaty bodies.
Keywords: treaty bodies, human rights, human rights treaty body system, universal international human rights treaties, reform of the treaty bodies system.
Reference bibliographic list
1. Ispolinov A. Legal status of the Universal Declaration of Human Rights (to the 70th anniversary of adoption) // Comparative constitutional review. – 2018. – No. 4 (125). – S. 100-107.
2. Hoover J. Rereading the Universal Declaration of Human Rights: plurality and contestation, not consensus // Journal of Human Rights. – 2013. – Vol. 12. No. 2. – Rp. 217-241.
3. Ispolinov AS Questions of interpretation and application of the Covenants on Human Rights (to the 50th anniversary of adoption) // Bulletin of the Voronezh State University. Series: Law. – 2017. – No. 1. – P. 303-312.
4. Creamer C., Simmons B. The proof is in the process: self-reporting under international human right treaties // American Journal of International Law. – 2020. – Vol. 5. No. 1. – R. 1-50.
5. Johnstone R. Cynical savings or reasonable reform? Reflections on a single unified UN human rights treaty body // Human Rights Law Review. – 2007. – Vol. 7. No. 1. – Rp. 173-200.
6. Ispolinov A.S. Strength and weakness of universal treaties on the protection of human rights // Russian Journal of Law. – 2022. – No. 3. – S. 26-43.
7. Lhotský J. Human rights treaty body review. Towards an integrated treatment body system. – 2020. – 99 rubles.
8. Crawford J. The UN Human Rights Treaty System: A system in crisis? // The future of UN Human Rights Treaty Monitoring / Ed. by Ph. Alston, J. Crawford. – Cambridge: Cambridge Universityy Press, 2000. – Pp. 1-12.
9. Lukyantsev G. E. On the issue of improving the effectiveness of the functioning of human rights treaty bodies (theoretical and practical aspects) // Moscow Journal of International Law. – 2005. – No. 4. – P. 101-119.
10. Abashidze A. Koneva A. The process of strengthening the human rights treaty body system: the road towards effectiveness or inefficiency? // Netherlands International Law Review. – 2019. – Vol. 66. No. 3. – P. 357-389.
11. Koneva A.E. On the issue of the futility of establishing a world court for human rights // Vestnik RUDN. Series: Legal Sciences. – 2017. No. 1. – P. 83-101.
12. Tuzmukhamedov B. R. Universal human rights treaty bodies and their place among international institutions // State and Law. – 2021. – No. 7. – P. 151–160.
INTERNATIONAL LAW
GIGINEYSHVILI Mariya Teymurazovna
Ph.D. in Law, associate professor of International law sub-faculty of the Northern Caucasus branch of the Russian University of Justice, Krasnodar
MAIN RESULTS OF 20 YEARS OF WORK OF THE ICC
The 20th anniversary of the entry into force of the Rome Statute is an occasion to evaluate the work of the International Criminal Court in terms of justifying the hopes placed on it by the international community to maintain peace and security. The main purpose of the study is to determine the degree of effectiveness of the work of the International Criminal Court. As a result of comparison of the procedure for initiating proceedings by various actors (the ICC Prosecutor, the UN Security Council or a state party to the ICC Statute), it was concluded that there was lack of cooperation in the investigation from states that are not parties to the ICC in case of their situation being referred to by the UN Security Council (the examples are situations in Sudan and Libya). The article reveals the content of the principles of complementary jurisdiction and non bis in idem, reflects their correlation on the example of the case of S. Gaddafi. The analyzed jurisprudence helps to see and evaluate international criminal justice in action. The author agrees with the criticism of the ICC for pending procedures (on average 8 years), notes the ineffectiveness of the cooperation of states in the capture and transfer of accused persons to the Court, as was in the case of Al Bashir. At the same time, the author concludes that criticism of the ICC as exclusively a trial of Africans is untenable in view of ongoing investigations in Georgia, the Philippines, Myanmar, and others. As achievements of the ICC trust fund for victims and representative of victims should be mentioned.
Keywords: International Criminal Court, Rome Statute, international crimes, war crimes, crimes against humanity, principle of complementarity, non bis in idem principle.
Reference bibliographic list
1. Korman Sh. The right of Conquest: The Acquisition of Territory by Force in International Law and Practice. – Oxford: O.U.P. 2003. – 352 p.
2. Schabas W. A. An Introduction to the International Criminal Court. 6th Ed. – Cambridge: CUP, 2020. – 640 p.
3. Kostenko N. I. Theoretical problems of the formation and development of international criminal justice: abstract of dis. … doc. legal Sciences. – M., 2002. – 61 p.
4. Tricose. The Beginning of the International Criminal Court: Status and Prospects // Journal of Russian Law. – 2005. – No. 3 (99). – S. 134-147.
5. Kotlyarov I. I., Puzyreva Yu. V. 10 years of the International Criminal Court // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 6. – P. 141-146.
6. R. Cryer, H. Freeman, D. Robinson, E. Wilmshurst. An Introduction to International Criminal Law and Procedure. – Cambridge, 2010. – 618 rubles.
7. Gritsaev S. A. International Criminal Court: principles of activity, jurisdiction, rules of procedure // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 10. – P. 124-133.
8. Yusupov M.-B. R. International legal regulation of the activities of the International Criminal Court: Abstract of the thesis. … cand. legal Sciences. – M., 2012. – 26 p.
9. Scharf, Michael P. The ICC’s Jurisdiction Over the Nationals of Non-Party States: A Critique of the U.S. position. 2001. Faculty Publications. – 257 p. – [Electronic resource]. – Access mode: https://scholarlycommons.law.case.edu/faculty_publications/257 (Accessed 25.07.2022).
10. Bukuru Zh. B. African states and the International Criminal Court: international legal aspects of interaction: Abstract of the thesis. … cand. legal Sciences. – M., 2020. – 27 p.
11. A. M. Solntsev and J. B. Bukuru. Questions of the legitimacy of the International Criminal Court in its relations with African states in the field of combating international crimes // All-Russian Criminological Journal. – 2019. – T. 13. – No. 2. – S. 332-339.
12. Bogush G. I. International Criminal Court and problems of the formation of international criminal justice // International Criminal Court: problems, discussions, search for solutions / Ed. G. I. Bogush, E. N. Trikoz. – M.: European Commission, 2008. – 791 p.
13. Grits Aev S. A. Theoretical aspects of justice under the Rome Statute of the International Criminal Court: Abstract of the thesis. … cand. legal Sciences. – M., 2005. – 24 p.
INTERNATIONAL LAW
SUN Dongping
postgraduate student of the Peoples Friendship University of Russia
INTERNATIONAL LEGAL REGIME FOR REGISTRATION OF GLOBAL NAVIGATION SATELLITE SYSTEMS
The specifics of the development of global navigation satellite systems determine the features of the international legal regime established in relation to such systems. Today, most of the issues related to global navigation satellite systems are based on the national laws of the countries with the corresponding systems. However, if it is quite simple to settle issues of responsibility at the national level, then it is quite difficult to solve the issues of registration and operation of such systems by commercial entities without a common universal conceptual apparatus and a common mechanism of legal regulation.
Considering the existing trends in the development of global navigation satellite systems and the prospects for individual countries to enter this market, it seems objectively necessary to create a universal concept – the concept of a unified international legal regime for the registration and operation of global navigation satellite systems. The establishment of such an approach at the international level can be implemented by issuing a Guidance Document on the Registration and Operation of Global Navigation Satellite Systems. The publication of such a document should be subordinated to a number of goals: ensuring the equal protection of outer space and guaranteeing the safety of the use of outer space, regardless of the purposes of its use, and its content should combine all existing international requirements for the registration and operation of global navigation satellite systems for state entities, and a number of new provisions for subjects commercial. At the same time, the general rules should be binding and should not exclude national regulation, since this will encourage the States to develop and adopt laws at the national level guaranteeing compensation for harm by way of recourse in certain circumstances.
Keywords: global navigation satellite systems, international law, national law, international legal regime, outer space.
Reference bibliographic list
1. Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, signed in the cities of Washington, London, Moscow on January 27, 1967 // Bulletin of the USSR Armed Forces. – November 1, 1967 – No. 44. – Art. 588. Collection of existing treaties, agreements and conventions concluded by the USSR with foreign states. – Issue. XXV. – M., 1972. – S. 41-45.
2. Abashidze A. Kh., Chernykh I. A. The role of international space law in achieving the goals of sustainable development // Public and private international law. – 2020. – No. 1. – P. 12-19.
3. Volynskaya OA International political and legal aspects of the use of space resources // Journal of Russian law. – 2018. – No. 9. – P. 145-154.
4. Ispolinov A. International space law of the era of the beginning of space colonization business // International Justice. – 2020. – No. 4 (36). – S. 22-44.
5. International law / V. Graf Vitztum [and others]; Translated from German by T. Beknazar, A. Nasyrova, N. Spitz; Scientific editor, compiler of the index T. F. Yakovleva. – M.: Infotropic Media, 2011. – 961 p.
6. Shtodina I. Yu. Some topical issues of legal support for the study and use of space // Moscow Journal of International Law. – 2018. – No. 2. – S. 71-81.
7. Birnie P., Boyle A. and Redgwell C. International Law and the Environment 2009. – P. 217-218.
8. Dunk F. von der. Asteroid Mining: International and National Legal Aspects // Michigan State International Law Review. – 2017. – No. 26. – P. 83-102.
9. Kerrest de Rozavel, A., & von der Dunk, F. G. Liability and insurance in the context of national authorization. In F. G. von der Dunk (Ed.), National space legislation in Europe. – 2011. – P. 125-161.
10. Smith L. J. Legal aspects of satellite navigation. In F. G. von der Dunk (Ed.), Handbook of space law. Cheltenham. – U.K.: Edward Elgar, 2015. – P. 554-617.
INTERNATIONAL LAW
SUN Dongping
postgraduate student of the Peoples Friendship University of Russia
INTERNATIONAL LEGAL RESPONSIBILITY OF STATES FOR PROVIDERS OF GLOBAL NAVIGATION SATELLITE COMMUNICATION SERVICES
The article examines the international legal mechanisms of State responsibility for the unlawful acts of suppliers of global navigation satellite communication services. The author concludes that the mechanism of international legal responsibility of States for harm caused by actions for suppliers of global navigation satellite communication services currently has priority and acts as the main legal instrument in the field of international space law. Depending on the specifics of the regulated relations, both the concept of due diligence (“due diligence”) and the concept of strict liability (“strict liability”) are laid on the basis of the corresponding liability mechanism. The concept of due diligence, in contrast to the concept of strict liability, limits the State’s liability against third parties under certain conditions However, the implementation of the rules on limitation of liability is possible only in the case of proper regulations at the national level.
According to the general rule established by the norms of international law, the State bears absolute responsibility for all actions of providers of global navigation satellite services, regardless of whether such providers are public or private entities. However, the rules governing the actions of such suppliers, as well as the rules of control and supervision over them, are no longer regulated by the norms of international law, but by the norms of national law. The possibility of limiting the State’s liability against third parties under certain conditions will depend on the consistency and perfection of the norms of national legislation in this area.
Keywords: global navigation satellite communication services, international law, national law, strict liability concept, due diligence concept.
Reference bibliographic list
1. Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, signed in the cities of Washington, London, Moscow on January 27, 1967 // Bulletin of the USSR Armed Forces. – November 1, 1967 – No. 44. – Art. 588. Collection of existing treaties, agreements and conventions concluded by the USSR with foreign states. Issue. XXV. – M., 1972. – S. 41-45.
2. Abashidze A. Kh., Chernykh I. A. The role of international space law in achieving the goals of sustainable development // Public and private international law. – 2020. – No. 1. – P. 12-19.
3. International law / V. Graf Vitztum [and others]; Translated from German by T. Beknazar, A. Nasyrova, N. Spitz; Scientific editor, compiler of the index T. F. Yakovleva. – M.: Infotropic Media, 2011. – 961 p.
4. Birnie P., Boyle A. and Redgwell C. International Law and the Environment. – 2009. – Rp. 217-218.
5. Goodman T. W. To the End of the Earth: A Study of the Boundary between Earth and Space // Journal of Space Law. – 2010. – Pp. 87-114.
6. Filho J. M. The Right of Self-defense in Outer Space // Proceedings of the International Institute of Space Law. – 2011. – Pp. 474-484.
7. Koplow D. A. The Fault Is Not in Our Stars: Avoiding an Arms Race in Outer Space // Harvard International Law Journal. Summer. – 2018. – Vol. 59. – No. 2. – Pp. 330-388.
8. Hessbruegge J. The Historical Development of the Doctrines of Attribution and Due Diligence in International Law // International Law and Politics. – 2004. – Vol. 36. Iss. 4. – P. 265 – 306.
9. Tronchetto F. Legal aspects of space resource utilization. Handbook of space law Cheltenham. U.K.: Edward Elgar. – 2015. – Rp. 782-788.
10. Viikari L. Environmental aspects of space activities. In F. G. von der Dunk (Ed.). Handbook of space law Cheltenham. U.K.: Edward Elgar. – 2015. – Rp. 717-768.
INTERNATIONAL PRIVATE LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
STATUS OF INFORMATION AND COMMUNICATION SYSTEM OPERATORS IN PRIVATE INTERNATIONAL LAW
The purpose of the research pursued in the article is to identify international rules governing the status of operators of information and communication systems. The methods of analysis and synthesis, the problem-theoretical method, as well as the formal-logical method were used in the study. As a result of the study, it was revealed that at present the international legal regulation of the status of operators of information and communication systems is carried out separately from the regulation of the status of Internet service providers, which has not been unified to date.
Keywords: private international law, information and communication systems, information and communication system operators, Internet service providers, artificial intelligence, International Telecommunication Union, UNESCO, UNESCO resolution, international treaty.
Reference bibliographic list:
1. Akhmadieva G. R., Sokolova A. S. Responsibility of information providers (intermediaries) for violation of copyright and related rights on the Internet in the legislation of the Russian Federation // Bulletin of the Eurasian Academy of Administrative Sciences. – 2019. – No. 1 (46). – S. 60-63.
2. Vozisov K. A. Civil liability of Internet providers for violation of copyright and related rights in the framework of the development of intellectual property legislation // Discussion. – 2010. – No. 5. – P. 90-93.
3. Snapkovsky V. International organizations in the system of international relations // Belarusian Journal of International Law and International Relations. – 2000. – No. 3. – S. 71-77.
4. Kopylov A. Yu. Civil liability inform intermediaries (providers) for violation of copyright and related rights on the Internet // Legal problems of strengthening Russian statehood / ed. V. M. Lebedev, G. L. Osokina, S. K. Solomina, V. S. Arakcheeva, N. D. Titova. – Tomsk, 2013. – S. 47-49.
5. Pazova F. M., Bekirova F. S. Features of legal protection and responsibility of Internet providers for violation of copyright and related rights through the Internet // Young scientist. – 2019. – No. 19 (257). – S. 241-242.
6. Rudakov K. E. Responsibility of providers under Internet access agreements // Lex russica. – 2006. – T. 65. – No. 1. – S. 175-179.
7. Theory of international relations / Ed. P. A. Tsygankova. – M.: Yurayt, 2019. – 316 p.
8. Abbott R., Sarch A. Punishing Artificial Intelligence: Legal Fiction or Science Fiction. – [Electronic resource]. – Access mode: https://lawreview.law.ucdavis.edu/issues/53/1/articles/files/53-1_Abbott_Sarch.pdf (Accessed 10/22/2022).
9. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
10 Bainbridge D.I. Introduction to Information Technology Law. – Edinburgh; Pearson Education Limited, 2008. – 665 p.
11. Chesterman S. We, the Robots? Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
12. Divino S., Bruno S. (2020). Critical Considerations on Artificial Intelligence Liability: E-Personality Propositions. Revista Eletronica Direito e Sociedade (REDES). – 2020. – Vol. 8.-Iss. 2. – P. 193-214.
13. Dobriakova G. Legal status of providers and provider of information on the Internet // Law and Law. – 2011. – No. 10. – P. 53-54.
14. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
15. Legal Issues in the Global Information Society / Ed. by D. Campbell, C. Ban. New-York; Oceana Publications Inc., 2005. – 758 p.
16. Merle M. Sociologie des relations internationals. – Paris: Dalloz, 1974. – 436 p.; Linkage Politics: Essays on the Convergence of National and International Systems / Edited by James N. Rosenau. – New York: The Free Press, 1969. – 352 p.
17. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
18. Rowland D., Macdonald E. Information technology law. – Abingdon; Cavendish Publishing ltd., 2005. – 573 p.
19. Schwabach A. Internet and the Law: Technology, Society and Compromises. – Santa Barbara, ABC-CLIO Inc., 2006. – 395 p.
20. The Globalization of World Politics: an Introduction to International Relations. – Oxford: Oxford University Press, 2017. – 610 p.
INTERNATIONAL PRIVATE LAW
Berman Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ISSUES OF RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN THE RUSSIAN FEDERATION
The article presents the results of the study of the complex of legal relations arising in the process of recognition and enforcement of foreign arbitral awards on the territory of the Russian Federation. The author focuses on the grounds for refusal to recognize and enforce a foreign arbitral award in the territory of the Russian Federation. Such grounds are divided by the author into general and those related to the violation of public policy. In the course of the research, the author made a cross-cutting analysis of the legal regulation and law enforcement practice of the courts with regard to the recognition and enforcement of foreign arbitral awards. As a result, the author has identified the main trends in the development of legal relations arising in the process of recognition and enforcement of foreign arbitral awards in the Russian Federation, as well as identified and compared the advantages and disadvantages in the approaches used by the courts. The result of the study was the formation of practical proposals for improving the legal regulation in the field of recognition and enforcement of foreign arbitral awards in the Russian Federation to eliminate the gaps that exist in law enforcement practice.
Keywords: arbitral tribunal, arbitral award, public policy clause, public policy, recognition and enforcement, denial of recognition and enforcement, Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Reference bibliographic list
1. Ermakova E. P., Frolova E. E., Sitkareva E. V. International Economic Integration and the Evolution of the Principles of Civil Procedure / Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. – Cham, 2021. – S. 1589-1597.
2. United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards dated June 10, 1958, New York // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 1993 – No. 8.
3. Determination of the Supreme Court of the Russian Federation dated June 22, 2000 No. 38-G00-10 // SPS “ConsultantPlus”.
4. Resolution of the Federal Arbitration Court of the East Siberian District of March 15, 2010 in case No. A69-1222 / 2009 // ATP “Consultant Plus”.
5. Resolution of the Federal Arbitration Court of the West Siberian District of October 27, 2010 in case No. A67-1438 / 2010 // ATP “Consultant Plus”.
6. Determination of the Supreme Court of the Russian Federation dated August 31, 2001 No. 5-G01-105 // SPS “ConsultantPlus”.
7. Determination of the Supreme Court of the Russian Federation dated June 2, 2000 No. 5-G00-65 // SPS “ConsultantPlus”.
8. Determination of the Supreme Court of the Russian Federation dated June 14, 2016 No. 304-ES16-5596 // SPS “ConsultantPlus”.
9. Decree of the Federal Arbitration Court of the Volga-Vyatka District of May 25, 2006 in case No. A82-10555 / 2005-2-2 // Consultant Plus ATP.
10. Determination of the Supreme Court of the Russian Federation of December 26, 2000 No. 5-G00-134 // SPS “Consultant Plus”.
11. Resolution of the Federal Arbitration Court of the North-Western District of May 3, 2006 in case No. A21-5758 / 2005 // ATP “Consultant Plus”.
12. Resolution of the Arbitration Court of the Moscow District dated September 20, 2016 No. F05-14113 / 2016 // SPS “Consultant Plus”.
13. Resolution of the Arbitration Court of the Moscow District dated July 14, 2017 No. Ф05-9840/2017 // Consultant Plus SPS.
14. Determination of the Supreme Court of the Russian Federation dated May 28, 2001 No. 45-G01-18 // SPS “ConsultantPlus”.
15. Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 5, 2010 No. 6547/10 // ATP “ConsultantPlus”.
16. Determination of the Supreme Court of the Russian Federation of January 11, 2002 No. 5-G01-168 // SPS “ConsultantPlus”.
17. Determination of the Supreme Arbitration Court of the Russian Federation dated July 25, 2011 No. VAS-6857/11 // ATP ConsultantPlus.
18. Decree of the Arbitration Court of the Moscow District dated February 26, 2019 No. Ф05-500/2019 // ConsultantPlus SPS.
19. Khlestova I. O. Recognition and enforcement of foreign arbitration awards // Journal of Russian law. – No. 8 (116). – 2006.
20. Ivanova T. N. Public order clause in the process of recognition and enforcement of foreign arbitration awards // Bulletin of Arbitration Practice. – 2015. – No. 3 (58).
21. Yearbook of Commercial Arbitration. – Vol. XXVIII. – 2003.
22. Lamm K., Spurenberg F. New approaches to the enforcement of foreign arbitration awards under the New York Convention // International Commercial Arbitration. – 2004. – No. 2.
23. Agreement on mutual legal assistance between the Union of Soviet Socialist Republics and the Iraqi Republic of June 22, 1973, Moscow // Bulletin of the USSR Armed Forces. – 1974. – No. 19. – Art. 293.
24. Dzuskaeva Z. T., Ivanova T. I. The problem of public procedure for the recognition and enforcement of foreign arbitration awards // Vestnik MIEP. – 2014. – No. 4 (17).
25. Civil Code of the Russian Federation. International private law. Article-by-article commentary to section VI / Ed. P. V. Krasheninnikova. – M.: Statute, 2014.
26. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 26, 2013 No. 156 “Overview of the practice of consideration by arbitration courts of cases on the application of a public policy clause as a basis for refusing to recognize and enforce foreign judicial and arbitral awards” // Bulletin of the Supreme Arbitration Court of the Russian Federation . – 2013. – No. 5.
27. de Varey-Sommière P., Getman-Pavlova IV Violation of “super-imperative” norms as a basis for refusing to recognize and enforce foreign arbitral awards (jurisprudence of France and Russia) // Law. Journal of the Higher School of Economics. – No. 1. – 2015.
28. Kasyanov R. A. The concept of public order in the legal systems of states (on the example of Russia and France) // Civilist. – No. 4. – 2013.
29. Frolova E. E., Rusakova E. P. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects / Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. – Cham, 2021.
30. Rusakova E. P., Frolova E. E., Kupchina E. V., Ocaqli U. Recognition and Enforcement of Foreign Arbitral Awards in the Federative Republic of Brazil / 7th International Conference on Education and Social Sciences. Abstracts & Proceedings. – 2020.
31. Decree of the Federal Arbitration Court of the Moscow District on November 18, 2002 No. KG-A40 / 7628-02 // SPS “Consultant Plus”.
INTERNATIONAL PRIVATE LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
STAGES OF COURT INFORMATIZATION IN CHINA: VERSIONS 1.0, 2.0, 3.0 AND 4.0
The article substantiates that the “smart” courts of the People’s Republic of China are the result of the online transformation of the judicial system of China, consisting of three stages, which began in the 1990s: 1) 1996-2003; 2) 2004-2013; 3) 2014 – present. The first stage of the Chinese judicial reform was centered around the digitization of court documents. The second stage was characterized by the emergence of virtual court hearings using the Internet. The third stage of the reform of China’s judicial system can be divided into two sub-stages: a) the creation of online platforms and b) the creation of Internet courts. The concept of a smart court was first outlined in the Report of the Supreme People’s Court of the People’s Republic of China for 2016. If we talk about the versions of the informatization of the courts of the People’s Republic of China – 1.0, 2.0 and 3.0 , noted in the documents of the Supreme People’s Court, then version 1.0 assumed the transformation of judicial data into a single online system and the creation of online judicial platforms. Version 2.0 was aimed at two-way interaction between courts and the public. The development of version 3.0 was implemented in 2020 in the creation of “intelligent vessels” or “smart vessels”. In 2021, China switched to version 4.0, scheduled for 2021-2025 (the fifth five-year plan of judicial reform), within which there should be a further merger of artificial intelligence, blockchain and big data technologies with “smart courts”.
Keywords: law of the People’s Republic of China, smart courts of the People’s Republic of China, Internet courts of the People’s Republic of China, online dispute resolution, platform justice, artificial intelligence.
Reference bibliographic list
1. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. Monograph. – Ed. Yurlitinform, 2021. – 224 p.
2. Rusakova E. P. (2020). Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. – 2020. – No. 9. – S. 102-109.
3. Creemers R. (2016). Outline of the National Informatization Development Strategy // China Copyright and Media. 27 July 2016. [Electronic resource]. – Access mode: https://chinacopyrightandmedia.wordpress.com/2016/07/27/outline-of-the-national-informatization-development-strategy/ (Accessed 04/01/2022).
4. Du G., Yu M. (2019). Big Data, AI and China’s Justice: Here’s What’s Happening// China Justice Observer. 01 Dec 2019. [Electronic resource]. – Access mode: https://www.chinajusticeobserver.com/a/big-data-ai-and-chinas-justice-heres-whats-happening (Accessed 04/01/2022).
5. Fan J. et al (2021). Rules of Online Litigation of the People’s Court of China launched // Herbert Smith Freehills. July 9, 2021. [Electronic resource]. – Mode of access: https://hsfnotes.com/asiadisputes/2021/07/09/rules-of-online-litigation-of-the-peoples-court-of-china-launched/ (Date of access: 04/01/2022) .
6. Furong Y. (2020) Online hearings: A new challenge for China arbitration// Vantage Asia Publishing Limited. November 24, 2020. [Electronic resource]. – Access mode: https://law.asia/online-hearings-new-challenge-china-arbitration/ (Accessed: 03/18/2022).
7 Keyuan Z. (2002). Judicial Reform in China: Recent Developments and Future Prospects // The International Lawyer. – 2002. – Vol. 36. – No. 3. – R. 1039-1062. [Electronic resource]. – Access mode: http://www.jstor.org/stable/40707698 (Accessed: 04/01/2022).
8. Mingay A. (2019). Size matters: Alibaba shapes China’s first “Court of the Internet”// Oct 17, 2019. [Electronic resource]. – Access mode: https://merics.org/en/analysis/size-matters-alibaba-shapes-chinas-first-court-internet (Accessed: 03/20/2022).
9. Mukhtar H. et al. (2021). Tracking the Development of Intelligent Court System in China // International Research Journal of Management and Social Sciences. – July. – Sept. 2021. – P. 254-263. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/358694567_Tracking_the_Development_of_Intelligent_Court_System_in_China/link/620f62974be28e145c9df32d/download (accessed 04/01/2022).
10. Pan L. et al (2021). The People’s Republic of China. 15 ANLBS and AI Working Group Report // IBA Alternative and New Law Business Structures Committee. September-2021. [Electronic resource]. – Access mode: https://www.ibanet.org/medias/15-ANLBS-and-AI-Working-Group-Report-September-2021-China.pdf (Accessed 04/01/2022).
11. Rusakova E. P. Integration of “smart” technologies in the civil proceedings of the People’s Republic of China // RUDN Journal of Law. – 2021. – Vol. 25. – No. 3. – P. 622-633. – DOI 10.22363/2313-2337-2021-25-3-622-633.
12. Shi C. et al (2021). The Smart Court – A New Pathway to Justice in China? // International Journal for Court Administration. – No. 12 (1). – R. 4-11. Mar. 2021. (DOI: http://doi.org/10.36745/ijca.367)
13. Stern R. et al. (2021). Automating Fairness? Artificial Intelligence in the Chinese Court // 59 COLUM. J. TRANSNAT’L L. 515 (2021). [Electronic resource]. – Mode of access: https://scholarship.law.columbia.edu/faculty_scholarship/2940 (date of access: 04/01/2022).
14. Vasdani T. (2020). Robot justice: China’s use of Internet courts // LexisNexis Canada. February 05, 2020. [Electronic resource]. – Mode of access: https://www.thelawyersdaily.ca/articles/17741/robot-justice-china-s-use-of-internet-courts?article_related_content=1 (accessed 04/01/2022).
15. Weiwei S. (2020). Ordering the Courts: Understanding China’s Big Precedent Push // Aug 17, 2020. [Electronic resource]. – Mode of access: https://www.sixthtone.com/news/1006064/ordering-the-courts-understanding-chinas-big-precedent-push (Accessed 04/01/2022).
INTERNATIONAL PRIVATE LAW
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ZAYTSEV Viktor Vasiljevich
magister student of the Institute of Law of the Peoples’ Friendship University of Russia
THE DEVELOPMENT OF PREDICT COURTS’ DECISIONS: THE US EXPERIENCE
As part of the study of the digitalization of justice, the trial examines the development of predict courts’ decisions in the United States. Predict courts’ decisions in the USA has received the greatest development and has vivid examples, for example, the systems of predict courts’ decisions Ravel Law, Casetext, Legal Analytics Platform. The article examines examples of predict courts’ decisions systems, their detailed functioning, features and key functions. In particular, the predict courts’ decisions systems are of significant importance for trial lawyers, allowing them to predict the resolution of a dispute by obtaining statistical data on the approval of a claim from a particular judge, the period of consideration of petitions, the percentage of approval of statements by an opponent’s representative, etc. The authors assess the high level of development of predict courts’ decisions in the United States and pay attention to the complex technological composition of these systems. The article notes the efficiency and technological effectiveness of the Russian judicial system with the makings for the emergence and further development of systems of predict courts’ decisions.
Keywords: predict courts’ decisions, digitalization of the judicial process, judicial representation, Casebook.
Reference bibliographic list
1. Belyakova A. V. Development of digital technologies in the justice system as one of the ways to speed up legal proceedings in the Russian Federation // Arbitration and civil process. – 2019. – No. 12. – S. 50-56.
2. Biryukov P. N. Digitalization of justice in civil cases: EU experience // Arbitration and civil process. – 2022. – No. 2. – S. 3-7.
3. Biryukov P. N. Artificial intelligence and “Predicted justice”: foreign experience // Lex Russica. – 2019. – No. 11 (156). – S. 79-87.
4. Vavilin E. V. Transformation of civil law and procedural relations using artificial intelligence: the formation of new legal regimes // Bulletin of the civil process. – 2021. – No. 6. – S. 13-35.
5. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. Monograph. – Moscow: Ed. Yurlitinform, 2021. – S. 224.
6. Kucherova I. I., Sinitsyna S. A., Dyakonova M. O., Efremov A. A., Zaitsev O. A. Digital economy: current trends in legal regulation: scientific and practical guide. – Moscow: IZiSP, NORMA, 2022. – 376 p.
7. Makutchev A. V. Modern possibilities and limits of the introduction of artificial intelligence in the justice system // Actual problems of Russian law. – 2022. – No. 8. – S. 47-58.
8. Rusakova E. P. Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. – 2020. – No. 9. – S. 102-109.
9. Rusakova E. P., Gronik I. A., Kupchina E. V. Civil litigation through the prism of digitalization: the experience of Russia, the USA and the Philippines // Textbook. – Ed. Peoples’ Friendship University of Russia (PFUR). – 2021. – S. 109.
10. Sosedova M. V. The possibility of using artificial intelligence in the consideration of individual civil cases: predicted justice // Arbitration and civil process. – 2020. – No. 5. – S. 32-37.
11. Chudinovskaya N. A. Some areas of justice digitalization in Russia and EU countries // Arbitration and civil process. – 2022. – No. 7. – S. 7-9.
12. Yarkova V. V., Abushenko D. B., Branovitsky K. L., Zagaynova S. K. Actual problems of civil and administrative proceedings. – Moscow: Statute, 2021. – 460 p.
13. Rusakova E. P. Robotization of civil proceedings: reality or future // Smart innovation, systems and technologies. – 2022. – Vol. 288. – P. 211-217.
14. Rusakova E. P. Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in research on Russian business and management. – 2022. – P. 191-198.
15. Frolova E. E., Rusakova E. P. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap: Institute of Scientific Communications Conference. – Cham: Springer Nature, 2021. – P. 1842-1849.
INTERNATIONAL PRIVATE LAW
TSEPOVA Ekaterina Andreevna
Ph.D. in Law, Peoples’ Friendship University of Russia
PROSPECTS FOR PARTICIPATION OF THE RUSSIAN FEDERATION IN THE INTERNATIONAL EXCHANGE OF TAX INFORMATION UNDER SANCTIONS
The main objective of the study is to examine the prospects for international cooperation of the Russian Federation in the tax sphere in the face of unprecedented sanctions pressure. The article considers international agreements in the field of taxation, ratified by the Russian Federation in the context of the impact of sanctions and geopolitical factors on the implementation of each of them. Particular attention is paid to the analysis of the prospects for the termination of the tax exchange within the framework of the “Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information” dated October 29, 2014.
The author comes to the conclusion that, despite the formidable political rhetoric, the probability of a complete refusal of other countries to exchange data with the Russian Federation is extremely low. Interstate tax interaction is a complex and multi-level process, therefore, a decrease in the efficiency of the functioning of some information channels will not have a significant impact on the work of others.
Keywords: sanctions; tax transparency; automatic exchange of financial account information; Common Reporting Standard; financial control.
Reference bibliographic list
1. Gegechkori I. M. Economic sanctions against the Russian Federation and foreign economic security: challenges and threats // Auditorskie Vedomosti. – 2022. – No. 1. – P. 97-100.
2. Ermakova E. P. Legal Regulation of Responsible Investing in Russia and Foreign Countries: Concept, Principles, Examples // Perm U. Herald Jurid. sci. – 2022. – T. 55. – S. 86.
3. Frolova E. E., Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // The Transformation of Social Relationships in Industry 4.0: Economic Security and Legal Prevention. – 2022. – S. 309.
4. Frolova E. E., Polyakova T. A., Dudin M. N., Rusakova E. P., & Kucherenko P. A. Information security of Russia in the digital economy: the economic and legal aspects // J. Advanced Res. L. & Econ. – 2018. – T. 9. – S. 89.
5. Kalygina V. V. RUDN Journal of economics // RUDN Journal of economics. Founders: Peoples’ Friendship University of Russia. – 2022. – T. 30. – No. 2. – S. 231-241.
INTERNATIONAL PRIVATE LAW
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, L.L.m., associate professor of the Law School of the Far Eastern Federal University
KOZLOVA Olesya Evgenjevna
magister student of the 2nd course of the Law School of the Far Eastern Federal University
ON THE ISSUE OF THE LEGALIZATION OF CRYPTOCURRENCIES IN THE RUSSIAN FEDERATION: GENERAL THEORETICAL ASPECT
This article analyzes the main approaches to the legal regulation of cryptocurrencies as a legal category on the territory of the Russian Federation. The authors discuss the prospects for the introduction of special legal regimes of cryptocurrencies and the need (possibility) to consolidate its legal status as a means of payment. The legal discussion between the state bodies – the Bank of Russia and the Ministry of Finance of the Russian Federation is being considered. It is concluded that a direct ban or fragmentary disregard of digitalization products as the main side effect can lead to distrust of the political instruments of government institutions.
Keywords: crypto assets, digital economy, cryptocurrency, cryptocurrency legalization, legal regulation of cryptocurrencies, digitalization, bitcoin, legal means of regulating cryptocurrencies.
Reference bibliographic list
1. Alekseev S. S. Theory of Law. – M., 1993. – 223 p.
2. Belyaeva G. S. To the question of the classification of legal regimes // Actual problems of Russian law. – No. 2. – 2012. – S. 4-10.
3. Egorova M. A., Kozhevina O. V. Place of cryptocurrency in the system of objects of civil rights // Actual problems of Russian law. – 2020. – No. 1. – S. 81-91.
4. Kudryashova E. V. Cryptocurrencies in the legal field // Finance and credit. – T. 24. – No. 10. – 2018. – S. 2175-2183.
5. Frolova E. E., Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – R. 309-322.
6. Rusakova E. P., Frolova E. E., Gorbacheva A., Kupchina E. V. Implementation of the smart-contract construction in the legal system of Russia // 6th International Conference on Education, Social Sciences and Humanities. – 2019. – S. 748-753.
INTERNATIONAL PRIVATE LAW
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia
DIGITAL EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION ON INTELLECTUAL DISPUTES
The development of the digital economy has entered a new stage. The integration of digital technologies and the trading process brings about a number of changes such as online ordering, digital delivery, etc., which reduce trading costs and increase its efficiency. Goods and services are also digitized when data is traded. Under these conditions, important tasks become obvious: protection of intellectual property and regulation of the market. For example, artificial intelligence algorithms can currently be protected by copyright, trade secret or patent, big data – by copyright, patent law or competition law, but neither choice in itself is sufficient and presents certain difficulties, primarily fuzzy protection standards. In this regard, the author of this study seems to be able to analyze modern methods of protecting intellectual property rights in international commercial arbitrations using digital evidence.
Keywords: international commercial arbitration, digital evidence, intellectual property, artificial intelligence, blockchain.
Reference bibliographic list
1. Van Rhee C. H. et al. Transformation of Civil Justice, Ius Gentium: Comparative Perspectives on Law and Justice.
// Springer. – 2018.
2. Kupchina E. V. Legal regulation of the provision of digital evidence in international commercial arbitration // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2021. – T. 16. – No. 3. – P. 89-111. – DOI 10.35427/2073-4522-2021-16-3-kupchina.
3 Mason S. et al. electronic evidence. Institute of Advanced Legal Studies. Institute of Advanced Legal Studies University of London. – P. 37. – 2017.
4. Rusakova E. P. Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – P. 191-198.
5. Kupchina E. V. Digital evidence in the civil process of Japan // Eurasian Law Journal. – 2020. – No. 6 (145). – S. 91.
6. Duarte G. Henriques. The Prague Rules: Competitor, Alternative or Addition to the IBA Rules on the Taking of Evidence in International Arbitration? A.S.A Bull. – 2018. – R. 354.
7. The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production // The Sedona Conference Journal.
– 2018. – Vol. 19. – No. 1. [Electronic resource]. – Access Mode: https://thesedonaconference.org/sites/default/files/publications/The%20Sedona%20Principles%20 Third%20Edition.19TSCJ1_0.pdf (accessed 11/18/2022).
INTERNATIONAL PRIVATE LAW
TSEPOVA Ekaterina Andreevna
Ph.D. in Law, senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DEVELOPMENT IN THE RUSSIAN FEDERATION OF CROSS-BORDER FINANCIAL CONTROL OVER THE INDIVIDUALS’ CAPITAL MOVEMENT
The main objective of the study is to identify current global trends in the financial control over the individuals’ capital allocation in various jurisdictions, which are expressed in modern Russian legislation and took it to a whole new level. As a result of the study, the author came to the conclusion that in Russia the financial regulation of the obligations of individuals – owners of capital abroad is mainly formed under the influence of two competing trends: liberalization of foreign exchange regulation in the context of globalization and increased fiscal control over taxpayers’ operations abroad.
Keywords: foreign capital abroad, individual, resident, tax control, CRS, automatic exchange of information, currency regulation, exchange restrictions.
References
1. Bezbakh V. V., & Frolova E. E. (2022). Artificial intelligence in the regulatory context of industry 4.0 and epistemological optimism // The Transformation of Social Relationships in Industry 4.0: Economic Security and Legal Prevention, 289.
2. Chang Ha-Joon and Grabel I. (2014), Reclaiming Development: An Alternative Economic Policy Manual // London: Zed Books, 256 p.
3. Djankov S. (2017). United States is Outlier in Tax Trends in Advanced and Large Emerging Economies // Peterson Institute for International Economics. policy brief.
– 2017. – P. 17-29.
4. Ermakova, E. P. (2022). Legal Regulation of ‘Responsible’ Investing in Russia and Foreign Countries: Concept, Principles, Examples. Perm U. Herald Jurid. Sc., 55, 86.
5. Fischer S. (1999). What Went Wrong in Russia? // Financial Times, September 27. – 1999. – P. 26
6. Frolova E. E. & Ermakova E. P. (2022). Legal regulation of digital financing in Russia and foreign countries // The Transformation of Social Relationships in Industry 4.0: Economic Security and Legal Prevention, 309.
7. Frolova E. E. & Tsepova E. A. (2021). Controlled foreign companies of Russian residents in the context of world trends // RUDN Journal of Law. – No. 25 (4). – R. 814-830.
8. Frolova E. E., Polyakov, T. A., Dudin M. N., Rusakova
E. P., & Kucherenko P. A. (2018). Information security of Russia in the digital economy: the economic and legal aspects. J. Advanced Res. L. & Econ., 9, 89.
9. International Monetary Fund (2016). Monetary and Capital Markets Department: Annual Report on Exchange Arrangements and Exchange Restrictions 2015. [Electronic resource]. – Access mode: https:// www.imf.org/en/Publications/Annual-Report-on-Exchange-Arrangements-and-Exchange-Restrictions/Issues/2017/01/25/Annual-Report-on-Exchange- Arrange-ments-and-Exchange-Restrictions-2015-42751 (accessed on: 11/17/2022).
10. International Monetary Fund (2022). Monetary and Capital Markets Department: Annual Report on Exchange Arrangements and Exchange Restrictions 2021. [Electronic resource]. – Access mode: https:// www.imf.org/en/Publications/Annual-Report-on-Exchange-Arrangements-and-Exchange-Restrictions/Issues/2022/07/19/Annual-Report-on-Exchange- Arrangements-and-Exchange-Restrictions-2021-465689 (accessed on: 11/11/2022).
11. Loungani P. and Mauro P. (2000) IMF Research Department, Conference on Post-Election Strategy Moscow, 2000. [Electronic resource]. – Access mode: http://www. nber.org/papers/w23134 (accessed on: 11/11/2022).
12. Morten B. and Zeume S. (2018) // The Review of Financial Studies. – Volume 31. – Issue 4. – April 2018. – P. 1221-1264. [Electronic resource]. – Access mode: https://doi.org/10.1093/rfs/hhx122 (accessed on: 11/8/2022).
13. Naseif A. H., Hasan S. I., Malik Y. S., Talab H. R., Hussein N. A. (2019) A Theoretical Review on Global Trends of Company Income Taxes and Alternatives of Tax Reforms // Account and Financial Management Journal. – Volume 4. – 2019. – R. 1883-1895
14. OECD (2017). Standard for Automatic Exchange of Financial Account Information in Tax Matters, Second Edition. [Electronic resource]. – Access mode: https://www.oecd-ilibrary.org/taxation/standard-for-automatic-exchange-of-financial-account-information-in-tax-matters-second-edition_9789264267992-en;jsessionid=IW0_TZBRjv88sDJiI20E2i1C. ip-10-240-5-179 (accessed on: 11/17/2022).
15. Pellegrini V., Sanelli A., Tosti E. (2016) What do external statistics tell us about undeclared assets held abroad and tax evasion? // Bank of Italy Occasional Paper. – 2016. – No. 367. [Electronic resource]. – Access mode: http://www.bancaditalia.it/pubblicazioni/qef/2016-0367/QEF_367.pdf (accessed: 11/14/2022).
16. Rusakova E. P. & Frolova E. E. (2022). Digital disputes in the new legal reality // RUDN Journal of Law. – No. 26
(3). – R. 695-704.
17. Rusakova E., Frolova E., Kupchina E., & Ocaqli U. (2020). Recognition and enforcement of foreign arbitral awards in the Federative Republic of Brazil // IJASOS- International E-journal of Advances in Social Sciences.
– No. 6 (16). – R. 118-122.
18. Saadi-Sedik T. and Sun T. (2012), Effects of Capital Flow Liberalization: What Is the Evidence from Recent Experiences of Emerging Market Economies? // IMF Working Paper No. 12/275. [Electronic resource]. – Access mode: https://www.imf.org/en/Publications/WP/Issues/2016/12/31/Effects-of-Capital-Flow-Liberalization-What-is-the-Evidence-from-Recent- Experiencesof-40108 (accessed on: 11/11/2022).
19. Sardar M. (2018). Reporting Undisclosed Foreign Assets: The Clock Is Ticking // The CPA Journal. – 2018. – T.88. – No. 8. – S. 60-61
20. Williamson J. (1990). Latin American Readjustment: How Much Has Happened? // Washington: Peterson Institute for International Economics, 1990. [Electronic resource]. – Access mode: https://piie.com/commentary/speeches-papers/what-washington-means-policy-reform (accessed on: 11/17/2022).
21. Wu YC, Lin CW (2008). National port competitiveness: implications for India // Management Decision. – 2008.
– 46(10): 1482.
22. Yongding Y., Ming Z. (2012) New International Trends of Capital Control and Capital Account Liberalization
// International Economic Review. – 2012. – T. 5. [Electronic resource]. – Access mode: http://en.cnki.com.cn/Article_en/CJFDTotal-GJPP201205008.htm (accessed on: 11/19/2022).
INTERNATIONAL PRIVATE LAW
PROSKURINA Daria Sergeevna
magister student of the Institute of Law of the Peoples’ Friendship University of Russia, laboratory assistant-researcher of Civil law and process and international private law of the Peoples’ Friendship University of Russia
PROBLEMS OF COURT CONSIDERATION OF CASES ON PROTECTION OF INTELLECTUAL RIGHTS TO TRADEMARKS IN THE DIGITAL ENVIRONMENT
Today’s rapidly evolving digital realities put trademark owners in a position of insecurity. The existing legal regulation in Russia and the ways to protect intellectual property rights for trademarks are often outdated, and the possibility of their integration and application in the digital Internet environment is actually unrealizable. In this article the author hor examines the main problems in disputes about the protection of exclusive rights to trademarks in the digital environment and offers possible options for improving the legal regulation in this area.
Keywords: trademark, intellectual rights, digital environment, internet, information intermediary, compensation.
Reference bibliographic list
1. Galkina U. V. Protection of intellectual rights to the means of individualization of legal entities, goods, works, services and enterprises. – M .: Moscow University of the Ministry of Internal Affairs of Russia, Publishing House “Shield-M”, 2009. – S. 325
2. Kirillov N. G., Kirillov N. N. Modern methods of protection of trademarks: a systematic approach // IS. Industrial property. – 2021. – No. 3. – S. 37-47.
3. Morgunova E. Information mediator in civil disputes about copyright protection // IS. Copyright and related rights. – 2016. – No. 1. – S. 5-12.
4. Nyunyaev V. O. Actual problems of protection of intellectual rights in the practice of customs authorities // Scientific notes of the St. Petersburg named after V. B. Bobkov branch of the Russian Customs Academy. – 2016. – No. 1 (57). – S. 256-270.
5. Savelyev A. I. Criteria for the presence of actual and alleged knowledge as a condition for holding an information intermediary accountable // Law. – 2015. – No. 11. – S. 48-60.
6. Tereshchenko L. K., Tiunov O. I. Information intermediaries in Russian law // Journal of foreign legislation and comparative law. – 2016. – No. 6. – S. 46-50.
INTERNATIONAL PRIVATE LAW
Berman Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
Ershov Nikita Alexeevich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LEGALIZATION OF PARALLEL IMPORT IN THE RUSSIAN FEDERATION: NEW OPPORTUNITIES OR AN UNCONTROLLED ELEMENT?
In this article, the authors analyze the concept and characteristics of parallel import, the judicial practice of resolving disputes related to parallel import in the Russian Federation, in particular on bringing parallel importers to responsibility for bringing goods into the civil turnover without consent of the rightsholder, since its introduction into the legislative framework to this date, taking into account recent changes in law enforcement practice. In the context of legalization of the parallel import, the authors distinguish the concepts of “parallel import” and “importation of counterfeit goods”: their similarities and differences were determined. As a result of the study, the authors draw conclusions about the prospects and problems of legalization of parallel import in the Russian Federation.
Keywords: parallel import, counterfeit products, trademark, rightsholder, exclusive right.
Reference bibliographic list
1. Ermakova E. P. Legal regulation of “responsible” investment in Russia and foreign countries: concept, principles, examples // Bulletin of the Perm University. Legal Sciences. – 2022. – No. 55. – S. 86-106.
2. Kardanov V. A. Consideration of the prospects of parallel imports // Bulletin of the State University of Management. – 2019. – No. 7. – S. 114.
3. Nurgaleev M. S., Petrov E. N. Peculiarities of legal regulation of parallel import of medicines in Russia // Legal Science. – 2019. – No. 10. – P. 50.
4. Shikalova E. V., Frolova E. E. Prospects for foreign companies to enter the Russian public procurement market // Russia – China: development vector. Materials of the scientific-practical conference. Under the general editorship of O. A. Tsepelev. – 2016. – S. 31-34.
EUROPEAN LAW
KADYSHEVA Olga Vladimirovna
Ph.D. in Law, associate professor, Acting Head of International law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
THE EFFECT OF THE PUBLIC POLICY CLAUSE ON THE FUNCTIONING OF THE INTERNAL MARKET
The article examines the problems of using the concept of public order in the functioning of the EU internal market, including the “fifth freedom”, namely the freedom of movement within the EU of judgments rendered by the courts of the EU member states, which are practically unexplored in the domestic literature. It is noted that in its practice, the EU Court of Justice proceeds from the fact that EU Member States retain the freedom to determine public policy requirements in accordance with their national interests, but these requirements should be interpreted restrictively and under the control of the EU court. In addition, the article discusses issues of public order in the Russian Federation and the EAEU.
Keywords: public order, EU, EAEU, single market, fifth freedom, recognition of judicial and arbitration decisions.
Reference bibliographic list
1. Varey-Sommere Pascal P. de, Getman-Pavlova I. V. International and internal public order in the recognition and enforcement of foreign arbitration awards (law enforcement experience of France and Russia) // Law. Graduate School Journal economy. – 2014. – No. 1. – P. 140-168.
2. Ispolinov A. S. New powers of the Constitutional Court of the Russian Federation to verify the constitutionality of decisions of international courts and arbitrations // Law. – 2020. – No. 12. – P. 61-73.
3. Ispolinov A. Priority of the law of the European Union and national (constitutional) identity in the decisions of the EU Court and the constitutional courts of the EU member states // Comparative constitutional review. – 2017. – No. 4 (119). – S. 47-68.
4. Bermann G. Navigating EU Law and the Law of International Arbitration // Arbitration International. – 2012. – Vol. 28. No. 3. – RR. 397-445.
5. Bermann G. Reconciling European Union Law Demands with the Demands of International Arbitration // Fordham International Law Journal. – 2011. – Vol. 34. No. 5. – Pp. 1193-1216.
6. Feretti F. EU Internal Market Law and the Law of International Commercial Arbitration: Have the EU Chickens Come Home to Roost? // Cambridge Yearbook of European Legal Studies. – 2020. – Vol. 22.-Pp. 133-155.
7. Ghodoosi F. The Concept of Public Policy in Law: Revisiting the Role of the Public Policy Doctrine in the Enforcement of Private Legal Arrangements // Nebraska Law Review. – 2015. – Vol. 94. – Rp. 685-736.
8. Hoško T. Public policy as an exception to free movement within the internal market and the European judicial area: a comparison // Croatian Yearbook of European Law & Policy. – 2014. – Vol. 10. No. 1. – Pp. 189-213.
9. Keresteš T. Public Policy in Brussels Regulation I: Yesterday, Today and Tomorrow // LEXONOMICA. – 2016. – Vol. 8. No. 2. – Rp. 77-91.
10. Kessedjian C. Public Order in European Law // Erasmus Law review. – 2007. – Vol. 1. No. 1. – Pp. 25-36.
THEORY OF GOVERNMENT AND RIGHTS
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, lecturer of the Penza State University
LEGAL EXCEPTIONS AS AN INDICATOR OF THE DEVELOPMENT OF THE LABOR LEGISLATION OF THE RUSSIAN FEDERATION
The relevance of the stated topic is determined by the need to regulate labor relations, the dynamics of their development, as well as the variety of subjects involved in them. The role of legal exceptions has especially increased in the context of the spread of COVID-19, as well as the ongoing partial mobilization on the territory of the Russian Federation. Exceptions in labor legislation provide not only operational regulation of labor relations, but also form a unique, different from the general rules, alternative to the possible line of behavior of subjects of legal relations in non-standard and extraordinary cases and circumstances. The exceptions implemented in the norms of the Labor Code of the Russian Federation are an indicator of progressive and advanced development of labor law in general.
Keywords: exceptions, labor legislation, diversity, labor relations, derogation, provision, instrument of regulation, law, guarantees.
Reference bibliographic list
1. Alekseev S. S. General permissions and general prohibitions in Soviet law. – M.: Yurid. lit. 1989. – 288 p.
2. Barzilova I. S. Legal exceptions as a means of legal development of Russia: modern approaches // Legal development of Russia: principles, strategies, mechanisms: materials of All Russia. scientific-practical. conf. “Legal Readings at Bolshoi Karetny – 2014” (October 30, 2014) / ed. O.Yu. Rybakov; VGUYu (RPA of the Ministry of Justice of Russia). – M.: VGUYu (RPA of the Ministry of Justice of Russia), 2015. – 261 p.
3. Vitchenko A. M. Method of legal regulation of socialist public relations. – Saratov: Sarat Publishing House. un-ta, 1974. – 161 p.
4. Dzhioev S. Kh. Trends and prospects for the development of labor relations in the context of globalization and digitalization of the economy // Education and Law. – 2020. – No. 6. – P. 152-156.
5. Leist O. E. Essence of law. Problems of theory and philosophy of law. – M.: Zertsalo, 2008. – 339 p.
6. Lyutov NL Labor relations and social security // Actual problems of Russian law. – 2019. – No. 6 (103). – S. 98-107.
7. Sumenkov S. Yu. Principles of law and exceptions in law: aspects of correlation // State and law. – 2009. – No. 5. – S. 23-30.
8. Sumenkov S. Yu. Exceptions in law: theoretical and instrumental analysis. – M.: Yurlitinform. 2016. – 482 p.
9. Shershenevich G.F. Selected: In 6 vols. Vol. 4 including the General Theory of Law / Entry. word, comp.: P.V. Krasheninnikov. – M.: Statute, 2016. – 752 p.
10. Ashby W.R. Introduction to cybernetics. – M .: Publishing house of foreign. lit., 1959. – 432 p.
THEORY OF GOVERNMENT AND RIGHTS
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of the N. G. Chernyshevskiy Saratov National Research State University
ENSURING THE BALANCE OF HUMANISTIC VALUES AND LAW AS A VECTOR OF SUSTAINABLE DEVELOPMENT OF THE RUSSIAN LEGAL SYSTEM IN THE DIGITAL AGE
The article substantiates the need for a balanced correlation of humanistic values and law as an important condition for the sustainable development of the domestic legal system in the digital age. According to the author, the actualization of this vector is necessary at the same time for the progressive development of digitalization. In the article, considerable attention is paid to understanding the parameters of the organization and functioning of the legal system, taking into account the need for its adequate response to modern challenges. It is emphasized that the social value of the legal system is largely expressed in ensuring the value foundations of the information society associated with humanistic values. A systematic study of the legal system in its value aspect from the point of view of humanistic values is a necessary condition for analyzing the directions of development of the information society.
Keywords: humanistic values, law, legal system, digital age, information society.
Reference bibliographic list
1. Marchenko M. N. Problems of universalization of human rights in the context of globalization // Bulletin of the Altai Academy of Economics and Law. – 2015. – No. 1 (39). – S. 81-88.
2. Matuzov N. I. Actual problems of the theory of law. – Saratov: Publishing House of the Saratov State Academy of Law, 2003. – 512 p.
3. Man, society, law in digital reality / Ed. O. Yu. Rybakova. – M.: RUSAYNS, 2020. – 254 p.
THEORY OF GOVERNMENT AND RIGHTS
BOKOVA Lyudmila Nikolaevna
Vice-Rector for Professional Education of the Moscow State Regional University
THE LEGAL ASPECT AND THE MAIN TRENDS IN THE APPLICATION AND DEVELOPMENT OF INFORMATION TECHNOLOGIES AND SYSTEMS IN LEGAL PRACTICE
The use of information technologies and systems in legal practice can significantly improve the quality of legal services, but not all technologies can ensure the information security of clients. There is a need for a legal assessment of the information technologies and systems being developed and applied in practice by legal professionals.
Objective: to find the most adequate approach to the information technologies being developed and applied, which, as practice has shown, legal professionals need.
Methodological basis: general scientific and empirical methods, analysis of the norms of the current legislation were used in the framework of the study.
Results: the author’s position on the use or non-use of information technologies and systems in the framework of legal practice is reasoned, the main trends in the development of popular technologies are highlighted.
Conclusions: the importance of creating a unified information system for legal practice is emphasized, the need to include disciplines focused on studying the basics of information security in the educational process of training specialists for the legal sphere.
Keywords: information technologies, artificial intelligence technologies, information security, legal practice, services.
Reference bibliographic list
1. Bokova L. N. Development of the legislation of the Russian Federation in the context of ensuring international information security on the Internet // Legal Culture. – 2016. – No. 3 (26). – S. 64-73.
2. Bikmiev R. G., Burganov R. S. Popularization and stimulation of informatization of judicial office work // Administrator of the court. – 2022. – No. 1. – S. 16-20.
3. Gavrilov S. N. Formation model of the national system of professional legal aid in Russia in the context of global and corporate informatization (digitalization) // Advocate practice. – 2021. – No. 1. – P. 3-8.
4. Demyanets M. V. Legal regulation of identification in the context of the development of information and communication technologies // Education and Law. – 2018. – No. 1. – P. 105-106.
5. Pleshanov A. G. Information technologies and the system of principles of the civil process: issues of correlation // Arbitration and civil process. – 2022. – No. 7. – P. 4-6.
6. Ryzhova N. I., Sokolov D. A. Information and legal competence as a basis for the development of a specialist’s legal culture in the context of global informatization // Modern problems of science and education. – 2018. – No. 2. – P. 27.
7. Shchelokova A. A., Yakovlev V. I. Prospects for the development of the general doctrine of objects of civil rights in the context of digitalization // Lawyer. – 2022. – No. 8. – P. 50-53.
THEORY OF GOVERNMENT AND RIGHTS
GLUSHCHENKO Dmitry Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
KOVTUN Nataliya Alexandrovna
Ph.D. in science psychologicals, associate professor of Criminal law and criminology sub-faculty of the Rostov Law Institute of the MIA of Russia
LEGAL ASPECTS OF THE USE OF THE DON TROOPS AND THE PARTICIPA-TION OF THE DON COSSACK REGIMENTS IN THE FIRST WORLD WAR BASED ON THE JOURNAL OF COMBAT OPERATIONS AND LEGAL ANALYSIS OF THEIR ENFORCEMENT
The Don Cossack regiments made a great contribution to the preservation of the borders of the Russian Empire, repeatedly proving their loyalty to the state on the battlefield, the battlefield. Bearing heavy losses during the positional battles of the First World War with the Austro-Germans, they showed themselves as brave and fearless dashing defenders of our Fatherland and Orthodox Russia. But the use of the Don Cossack regiments also had legal aspects of their participation in the First World War, in this scientific article we consider from the point of view of the law and the analysis of the legislation of Russia.
Keywords: legal aspect, application, modern legislation, order, military operations, Don Cossack regiment, emergencies and circumstances, professionalism, legal analysis.
Reference bibliographic list
1. Glushchenko D. V. Applied physical training of employees of the internal affairs bodies of Russia to perform operational tasks in emergency situations and situations. PhD thesis. Volgograd, 2014.
2. Materials from the Russian State Military Historical Archive (RGVIA) F. 5069. Op. 1. D. 1., Ll. 48-196., D. 12. L. 12-14. and F. 2139. Op. 1. D. 1573. Ll. 468-473.
THEORY OF GOVERNMENT AND RIGHTS
LANOVOY Vadim Gennadjevich
Ph.D. in Law, Head of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
CIVILIZATION: CONCEPT, SIGNS, TYPES
The article is dedicated to understanding and civilization as a basic scientific category of the typology of state and law. The article reveals the concept of civilization, formulates, reveals and analyzes its features, defines the types in the context of religious traditions and basic value and cultural constants. The problematic of the truth of cognition is touched upon. The correlation of the concepts of “state” and “statehood” is carried out. The definition of civilization is given, its signs are formulated. The author concludes that at the present stage of the development of science, civilization should be understood as an integral developing socio-political organization, which includes the whole set of cultural and material values created by man. The concept of “civilization” in modern science should reflect the multivariability of the development of human society, taking into account the invariance of specific social systems, interrelated integrative cultural processes, and the commonality of economic development.
Keywords: civilization, culture, state, statehood, ideology, typology, social economic formation, formation theory, systematic approach, historical continuity, invariance, social organization, form of the state.
Reference bibliographic list
1. Dugin A. N. Foreword: The theory of the Eurasian state // In the book: N. N. Alekseev. Russian people and state. – M .: “Agraf, 2003. – 635 p.
2. Jerry D., Jerry J. Big explanatory sociological dictionary: In 2 volumes / Harpe Collins Publishers. 1995 / Trans. N. N. Marchuk. T. 2. – M .: Veche Publishing House. AST, 2001. – 528 p.
3. Marx K., Engels F. Works: V 39 vol. T. 13. – M., 1954. – 453 p.
4. Ovchinnikov A. I., Boyko N. A. Democracy in the history of Russian statehood: political and legal traditions // Philosophy of Law. – 2016. – No. 5 (78). – P. 7-11.
5. Safronova E. V., Karskanova S. V. “State” and “statehood”: problems of terminological correlation and definition // History of State and Law. – 2014. – No. 22. – P. 42-47.
6. Soviet Encyclopedic Dictionary / Ed. A. M. Prokhorova. – M.: Soviet Encyclopedia, 1983. – 1600 p.
7. Philosophical Encyclopedic Dictionary // Ed. L. F. Ilyicheva, P. N. Fedoseeva, S. M. Kovaleva, V. G. Panova. – M.: Soviet Encyclopedia, 1983. – 840 p.
8. Huntington S. A clash of civilizations? // Polis. – 1994. – No. 1. – S. 33-48.
THEORY OF GOVERNMENT AND RIGHTS
KICHA Maria Vyacheslavovna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Rostov branch of the Russian State University of Justice
THE MODERN ROUND OF THE GOVERNMENT CRISIS IN THE REPUBLIC OF IRAQ: CAUSES AND CONSEQUENCES
The article deals with topical problems of the state-legal structure of the Republic of Iraq. The author pays special attention to the current events that took place in Baghdad in the summer and autumn of 2022 (first of all, the Sadrist protests, the problems of the formation of the Iraqi government, as well as the composition and prospects for the functioning of the new cabinet of ministers under the leadership of Mohammed Shia al-Sudani).
Keywords: Shiites, Sadrists, protests, parliamentary elections, militias, government.
Reference bibliographic list
1. Turnout at Iraqi national election sluggish as many boycott polls. The Guardian. [Electronic resource]. – Mode of access: https://www.theguardian.com/world/2021/oct/10/turnout-at-iraqi-national-election-as-low-as-25-as-many-boycott-polls (date accessed : 11/20/2022).
2. Orientalist Maria Kicha explained who is behind the riots in Iraq and why the seizure of parliament will not necessarily lead to a change of power in the country. “Russian newspaper”. [Electronic resource]. – Access mode: https://rg.ru/2022/08/01/v-bagdade-nespokojno.html?ysclid=laqu79ltkv950380052 (date of access: 11/20/2022).
3. جدل بشأن سحب الحكومة العراقَ Al Araby Al Jadeed. [Electronic resource]. -Access mode: https://www.alaraby.co.uk/politics/ جل-ششوlas-الحومة-الymة- قواومuzz ninger-الpemp bow- تlf circulation: 22.10.2022).
4. Iraqminister har “utvandrat”. Svenska Dagbladet. [Electronic resource]. – Access mode: https://www.svd.se/a/Ad939j/irakminister-har-utvandrat (date of access: 10/22/2022).
5. Iraqi Defense Minister Threatens to Sue Swedish Media Over Disclosure of Citizenship, Alleged Fraud. Sputnik International. [Electronic resource]. – Mode of access: https://sputniknews.com/20191125/iraqi-defence-minister-threatens-to-sue-swedish-media-over-disclosure-of-citizenship-alleged-fraud-1077391981.html?ysclid=laqym6k2r9668607797 ( date of access: 22.10.2022).
THEORY OF GOVERNMENT AND RIGHTS
KOZYREVA Anna Borisovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FORCED STERILIZATION OF THE DISABLED AS A VIOLATION OF HUMAN RIGHTS: BIOETHICAL, COMPARATIVE LEGAL AND POLITICAL AND SOCIOLOGICAL ASPECTS
Eugenic issues have always caused a serious resonance in society. On the one hand, modern society seeks once again to avoid the risk of the birth of unhealthy offspring – to create all possible conditions for the development of healthy national communities. On the other hand, striving for such, at first glance, good intentions, one can easily cross a very dangerous line – the life and freedom of a person. In connection with the rapid development of science, it is becoming increasingly difficult to maintain a balance between practical and ethical. We need an unshakable and clear legal framework for eugenic methods, which must be agreed upon by the entire world community once and for all. So far, this is not the case and the practice of countries varies greatly. There are too many opinions and interests. To solve this problem, the author of the article considered the problem of forced sterilization, taking into account various aspects: legal (human rights), ethical (bioethical) and political (the threat of the revival of some ideas of Nazism in society). In this article, the author describes the historical experience of introducing eugenic ideas into the legal and political life of some states (USA, Germany, Sweden, Switzerland, Canada, Japan, Great Britain), systematizes the current Russian legislation on forced sterilization and discusses its compliance with international and constitutional law, the Nuremberg Code, reveals possible bioethical approaches to coercive manipulation of the human body and discusses the risks of returning to the ideas of Nazism.
Keywords: forced sterilization, medical sterilization, human rights, incapacity, recognition of a citizen as incapable, Nazism, eugenics, genetic diseases, bioethics, Nuremberg Trials, Nuremberg Code.
Reference scientific list
1. Artemov V. M., Savina O. V. Bioethics: a textbook. M., 2021. 240 p.
2. Valades D. The language of law and the law of language. M., 2008. S. 128.
3. Dugaron E. Ts. Civil procedural side of cases of medical sterilization and artificial termination of pregnancy in an adult recognized as legally incompetent // Bulletin of the civil process. 2017. No. 5.
4. Zhdanova V. V. Evgenika. Possibilities and changes in the human genome // Medical Sciences. 2018. S. 84-93.
5. Zhdanova V. V. Possibilities and changes in the human genome // Student Scientific Forum – 2018. Medical Sciences. S. 100.
6. Koltsova N. K. Eugenic sterilization in Germany // Russian Eugenic Journal. 1925. T. 3. Issue. 1. S. 81-82.
7. Liseev I. K., Sharov A. Ya. Human genetics, its philosophical and socio-ethical problems. Materials of the “round table” // Questions of Philosophy. 1970. No. 7. S. 114.
8. Mokhov A. A. Medical sterilization, legal aspect // Medical Law. 2017. S. 14-18.
9. Solovyov A. A. Judicial practice of the states of the Anglo-Saxon legal family in cases of medical sterilization // Perm Legal Almanac. 2021, pp. 175-186.
10. Kharabara IV Object of crime and its types // Journal of education and law. 2020. S. 318-323.
11. Hyun Yu. V. Eugenic project: “pro” and “contra”. M.: IF RAN, 2003. P. 2.
12. Bach O. Euthanasie im Dritten Reich – psychiatriegeschichtliches Inferno (German) // Ärzteblatt Sachsen. 2005. No. 4. S. 146-152.
13. Solovyov V. S. Law and morality. Minsk, 2001. S. 7.
THEORY OF GOVERNMENT AND RIGHTS
MIRONOVA Oksana Alexandrovna
the Chief of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
MIGRATION PROCESSES IN RUSSIA: KEY TRENDS AND FACTORS
The article describes the essence of migration processes taking place in the Russian Federation and the world. The author analyzes the factors influencing the migration process in modern Russia, identifies the problems and trends in their development. Particular attention is paid to migration as a resource for “solving the demographic crisis”. The issues of prevention of illegal migration were also reflected. It is concluded that illegal migration is not only an illegal act for which punishment is provided, but also a real threat to national security.
Keywords: migration, migration process, trends in the migration process, demography, control, prevention, national security.
Reference bibliographic list
1. Information on the socio-economic situation in Russia (January-September 2020) / Rosstat. – Moscow, 2020. – 118 p.
2. Yakhina Yu. Kh., Samigullin V. K., Kazamirov A. I., Vitsk R. E, Khazieva R. R. Migration processes in modern Russia: problems and trends in legal regulation // Textbook. – Ufa, 2019. – 58 p.
THEORY OF GOVERNMENT AND RIGHTS
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
RUDMAN Mark Naumovich
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
THE PROBLEM OF UNIVERSALITY OF SOCIAL RIGHTS AND THE CRISIS OF THE LEGAL STATE (PART 2)
The article presents an analysis of the historical prerequisites for the consolidation of social rights in the constitutional legislation. From the standpoint of an integrative approach the authors examine the crisis of industrial society as a systemic basis for the constitutional regulation of the individual’s right to social insurance provided by the state, as well as objective problems of the introduction of the social insurance system as a threat to the principles of the rule of law.
Keywords: industrial society, social rights, public law, socialist law, social insurance, personal self-realization.
Reference bibliographic list
1. Sukhanov E. A. Comparative corporate law. – M.: Statute, 2014. – 456 p.
2. Hayek F. A. Road to slavery: Monograph / Per. from English. M. Gnedovsky. – M.: New publishing house, 2005. – 264 p.
3. Hayek F. A. Law, legislation and freedom: Modern understanding of the liberal principles of justice and politics: Monograph / Per. from English. B. Pinsker and A. Kustarev; ed. A. Kuryaeva. – M.: IRISEN, 2006. – 644 p.
4. Schlesinger Jr. A. M. Cycles of American History: Per. from English. / Ed. N. I. Kolyshkina. – M: Progress Publishing Group, Progress-Academy, 1992. – 688 p.
THEORY OF GOVERNMENT AND RIGHTS
SULEYMANOV Fuat Murzagalievich
Ph.D. in historical sciences, associate professor of Theory and history of state and law sub-faculty of the Sibay Institute of the Ufa University of Science and Technologies
TAKTAEVA Zulfiya Ravilevna
Ph.D. in science philosophicals, associate professor of Theory and history of state and law sub-faculty of the Sibay Institute of the Ufa University of Science and Technologies
INSTITUTE OF COMPENSATION FOR MORAL DAMAGE: SOCIO-LEGAL ASPECTS
The institute of compensation for moral damage is a new and one of the dynamically developing legal phenomena. The practice of applying this institute shows that there are controversial problems both in theoretical and in practical aspects. One of the consequences of misconduct may be moral damage caused to a person, which often causes a greater degree of moral feelings and suffering than the material harm caused. Therefore, the article attempted to analyze the concepts of moral damage and the practice of applying this legal institution in modern society.
Keywords: moral, moral damage, compensation, compensation, moral experiences, physical suffering, mental harm, assessment of moral damage, illegal actions, protection of citizens rights.
Reference bibliographic list
1. Belyatskin S. A. Compensation for moral (non-property) damage. – M.: JSC “Publishing House” Gorodets “, 2005. – S. 43.
2. Dal V. I. Explanatory dictionary of the Russian language. – M.: AST, 2020. – S. 64.
3. Maleina MN Compensation for non-property damage // Bulletin of the Supreme Court of the USSR. – 1991. – No. 5. – S. 27-29.
4. Marcuse G. One-dimensional man. – M.: AST: Ermak, 2003. – S. 73.
5. Petrazhitsky L. I. Compensation for non-material harm from the point of view of social policy // Law. – 1900. – No. 16. – S. 84.
6. Savitsky V., Poteruzha I. Victim in the Soviet criminal process. – M.: Gosjurizdat, 1963. – S. 6.
7. Suleymanov F. M., Taktaeva Z. R. On the causes of xenophobia and ways to overcome it // Eurasian Law Journal. – 2021. – No. 1 (152). – S. 83-85.
8. Shershenevich G. F. Textbook of Russian civil law. – M.: type. t-va I. N. Kushnerev and Co., 1911. – S. 37.
Erdelevsky A. M. Compensation for moral damage. – M.: Volters, 2004. – S. 19.
THEORY OF GOVERNMENT AND RIGHTS
ISHMUKHAMETOV Samat Rustemovich
postgraduate student, assistant of International law and international relations sub-faculty of the Ufa University of Science and Technology
ON THE ISSUE OF LEGAL POLICY AS ONE OF THE MAIN DIRECTIONS OF STATE POLICY: THEORETICAL AND LEGAL FOUNDATIONS
This article substantiates the importance of a well-thought-out and consistent legal policy in the realities of today. The theoretical understanding of the essence of this category is carried out by referring to the analysis of the author’s positions.
The conclusion is made about the exceptional pluralism of the concept of “legal policy” and the inadmissibility of its limitation to the sphere of law in the strict sense. The key characteristics that make it possible to understand the essence and meaning of legal policy are identified. An attempt is made at the suggestion of the author’s definition of this category, synthesizing the essential features of legal policy.
Keywords: legal policy, law, policy, state, power, mechanism, law-making, law enforcement.
Reference bibliographic list
1. Berg L. N., Berezina E. A. Theory of law: legal influence and legal regulation: a textbook for universities. – Moscow: Yurayt Publishing House, 2022. – 875 p.
2. Bredikhin A. L. Legal policy as a category of modern jurisprudence // Law: retrospective and perspective. – 2020. – No. 4. – S. 8-13.
3. Kagermanov A. S. Legal policy of Russia: problems and development prospects // Eurasian scientific journal. – 2017. – No. 12. – S. 54-57.
4. Kudryavtsev VN Law and behavior. – M., 1978. – 312 p.
5. Malko A. V., Zatonsky V. A. Legal policy in the sphere of the formation of a strong state // Law and State. – 2018. – No. 1-2. – S. 23-34.
6. Malko A. V., Solomatin A. Yu. Fundamentals of legal policy. – M., 2013. – 278 p.
7. Matuzov N. I. Legal policy // Theory of state and law: a course of lectures / ed. N. I. Matuzova and A. V. Malko. 2nd ed., revised. and additional – M., 2001.
– 745 p.
8. Nigmatullin R. V., Suleimanova R. R. Migration policy of the state as a factor of its stability in the modern world // Eurasian legal journal. – 2018. – No. 12 (127). – S. 370-373.
9. Nigmatullin R.V. Legal policy of the modern state in the field of combating international crime // Legal state: theory and practice. – 2013. – No. 3 (33). – S. 24-30.
10. Legal policy of Russia at the present stage: Textbook / Yu. K. Krasnov; Moscow state Institute of International relations of the Russian Foreign Ministry. – M.: Prometheus, 2019. – 354 p.
11. Rybakov O. Yu. Personality and legal policy in the Russian state. – Saratov, 2003. – 165 p.
12. Suleimanova R. R. The role of the Bashkir State University in shaping the international image of the Republic of Bashkortostan // The United Nations is a universal center for maintaining peace and ensuring international security: Proceedings of the International Scientific and Practical Conference, Ufa, November 13, 2015. – Ufa: Bashkir State University, 2015. – S. 118-125.
13. Suleymanova R. R. Problems of communication in the history of social and philosophical thought // Bulletin of the Chelyabinsk State University. – 2011.
– No. 2 (217). – S. 131-138.
14. Khasanov D. R. Modern understanding of legal policy // Law and Politics. – 2020. – No. 6. – S. 97-104.
THEORY OF GOVERNMENT AND RIGHTS
MUSINA Kamilla Salavatovna
postgraduate student of Theory of law and state sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
GENERAL TRENDS IN THE FORMATION OF LEGISLATION IN THE FIELD OF REGULATING THE LEGAL PERSONALITY OF UNMANNED VEHICLES IN THE CONTEXT OF DIGITALIZATION
The article investigates and analyzes trends in the development of legislation in the field of regulation of unmanned innovative modes of transport in Russia and in foreign countries. The concept of implementation of a new law draft to improve legal relations arising out of the operation of unmanned vehicles is substantiated. The relevance of creation and development of requirements for the safety of drones is also presented.
Keywords: drone, legal personality of artificial intelligence, new draft bill, civil liability insurance, hacker attack, cybersecurity.
Reference bibliographic list
1. Arkhipov V. V., Naumov V. B. Artificial intelligence and autonomous devices in the context of law: on the development of the first Russian law on robotics // Proceedings of SPII RAN. – 2017. – Issue. 6 (55). – S. 50.
2. Awan Family Tesla Lawsuit. [Electronic resource]. – Access mode: https://archive.org/details/6517391-Awan-family-Tesla-lawsuit/page/n3/mode/2up (date of reference: 08/22/2022).
3. Tesla sued in China over fatal crash. [Electronic resource]. – Access Mode: https://www.fit.com/content/80c45ad6-7ef0-11e6-bc52-0c7211ef3198 (accessed 12.08.2022).
4. Tesla’s Self-Driving System Cleared in Deadly Crash. [Electronic resource]. – Access Mode: https://www.nytimes.com/2017/01/19/business/tesla-model-s-autopilot-fatal-crash.html (Accessed 08/28/2022).
THEORY OF GOVERNMENT AND RIGHTS
SHVETSOV Vadim Vitaljevich
assistant of International law and international relations sub-faculty of the Ufa University of Science and Technology
CYBERSECURITY AS AN ELEMENT OF CHILD PROTECTION INSTITUTION IN THE XXI CENTURY
The object of the article is the methods of involving of minors in such crimes as sexual inviolability crimes, crimes connected with illicit drug trafficking and terrorist and extremist crimes, which are applied through the Internet.
The objectives of this article are the analysis of methods of involving minors in the above-mentioned areas of criminal activity, through the use of the Internet, taking into account the specifics of each of them, as well as the currently existing methods of combating these criminal acts and assess their effectiveness.
The author comes to a conclusion about the importance of international cooperation to combat the involvement of children in these categories of crime, about the importance of preventive work and technical component in combating crimes of this kind.
Keywords: law; children; crime; involvement; counter-terrorism; cybersecurity; Internet; dark net.
Reference bibliographic list
1. Nigmatullin R. V. Crimes of an international character // International public and private law. – 2009. – No. 2. – S. 27-31.
2. Krasnodar news. A 17-year-old drug dealer from Ust-Labinsk was sentenced to 5 years. [Electronic resource]. – Access mode: https://ki-news.ru/2018/09/18/podrostok-iz-ust-labinska-poluchil-5-let-kolonii-za-popytku-sbyta-narkotikov/ (date of access: 28.10. 2022).
3. Judicial Department under the Supreme Court of the Russian Federation. Information on persons convicted of crimes related to the illegal circulation of narcotic drugs, psychotropic and potent substances for the 1st half of 2022 for crimes related to drug trafficking [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7069 (date of access: 10/28/2022).
4. Judicial Department under the Supreme Court of the Russian Federation. Information on persons convicted of crimes related to illicit trafficking in narcotic drugs, psychotropic and potent substances for the 1st half of 2021 for crimes related to illicit drug trafficking. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=5895 (date of access: 10/28/2022).
5. Nigmatullin R. V., Suleymanova R. R. Migration policy of the state as a factor of its stability in the modern world // Eurasian legal journal. – 2018. – No. 12 (127). – S. 370-373.
6. Strategy for countering extremism in the Russian Federation until 2025, approved by Decree of the President of the Russian Federation of May 29, 2020 No. 344 [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202005290036 (date of access: 10/28/2022).
7. Nigmatullin R. V., Suleimanova R. R., Nasyrova E. V. Modern trends in the UN fight against international terrorism // State and Law. – 2022. – No. 10. – P. 176-183. – DOI: 10.31857/S102694520022608-9.
8. Lukashkova I. L., Yashchenko A. A. Schoolshooting phenomenon: causes and prevention // Uchenye zapiski Kazanskogo juridical institute of the Ministry of Internal Affairs of Russia. – 2021. – V. 6. – No. 2 (12). – S. 337-341.
9. Puchnin A. V., Puchnina M. Yu. Ideology “columbine” as an extremist and terrorist threat to the national security of the Russian Federation // Society and Law. – 2021. – No. 2 (76). – S. 38-43.
10. RBC. Cases of shootings and attacks in Russian schools and colleges. Help [Electronic resource]. – Access mode: https://www.rbc.ru/society/11/05/2021/609a5cdc9a7947237982ce4a (date of access: 10/28/2022).
11. Fontanka.ru. 11 children and 6 adults died. All about the tragedy in Izhevsk, where a man fired at a school. [Electronic resource]. – Access mode: https://www.fontanka.ru/2022/09/26/71684696/ (date of access: 10/28/2022).
12. Declaration of the Rights of the Child 1959 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/childdec.shtml (date of access: 10/28/2022).
13. Interfax. The Supreme Court recognized the movement as terrorist and banned the Columbine movement in the Russian Federation. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/819836 (date of access: 10/28/2022).
14. Interfax. The FSB prevented a number of terrorist attacks in educational institutions in the Russian Federation. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/820829 (date of access: 10/28/2022).
15. Abashidze A. Kh., Simonova M. A., Nigmatullin R. V. [et al.]. The UN and the challenges of the modern world in the 21st century: a collective monograph. – Ufa: Bashkir State University, 2021. – 152 p. – ISBN 978-5-7477-5404-1.
16. UN Convention on the Rights of the Child 1989 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/childcon.shtml (accessed 28.10.2022).
17. Kolbasin VV Influence of information and telecommunication technologies on the dynamics of violent sexual crime against minors and minors // Society and Law. – 2022. – No. 2 (80). – S. 39-47.
18. Nigmatullin R. V. UN activities to counter modern challenges and threats // UN and the “post-COVID” world: state, threats, prospects: materials of the International scientific and practical conference, Ufa, September 30, 2021. – Ufa: Bashkir State University, 2021. – P. 20-26. – DOI 10.33184/OONIPM-2021-09-30.3.
19. Dyk B. M., Hui N. N., Lin L. T. [et al.] The principle of operation of the tor browser // Problems of modern science and education. – 2017. – No. 1 (83). – S. 52-55.
20. Smushkin A. B. Forensic aspects of the study of the darknet for the purpose of investigating crimes // Actual problems of Russian law. – 2022. – T. 17. – No. 3. – S. 102-111. — DOI: 10.17803/1994-1471.2022.136.3.102-111.
21. Vesti.ru. German police have shut down the largest pedophile portal on the darknet. [Electronic resource]. – Access mode: https://www.vesti.ru/article/2558278 (date of access: 10/28/2022).
THEORY OF GOVERNMENT AND RIGHTS
YAKIMOV Roman Vasiljevich
student of the National Research Tomsk State University
SOCIAL NETWORKS AND INSTANT MESSENGERS AS THE MAIN BEARER OF THE RIGHT TO CENSORSHIP IN THE USA
Today, in the United States, censorship is established by private organizations and is harmful to the principles of democracy and the democratic choice itself. Internet platforms, thanks to their resources and the dependence of users on information, present it in a favorable perspective and without taking into account the opinions of certain categories of citizens. Such processes carry tectonic shifts to the right of monopoly ownership of censorship. It no longer belongs to the state in due measure, and private companies seize the remaining levers of influence in the information field. We have seen such processes since the blocking of Donald Trump’s account by the Twitter administration. In the future, the problem began to acquire a more global character due to the use of artificial intelligence and machine learning technologies in the work.
Keywords: censorship, social networks, instant messengers, USA, artificial intelligence, internet regulation, controlled democracy.
Reference bibliographic list
1. Shcherbak T. I. Means of language compression in news media publications on Instagram // Modern scientist. – 2022. – No. 1. – S. 119-122.
2. Lavrik N. V. Electronic democracy: theoretical foundations of the study // Bulletin of the ZabGU. – 2014. – No. 12. – S. 74-82.
3. Shiryaeva N.A. Analysis of the language means of expressing the linguistic personalities of American presidents // Actual problems of philology and methods of teaching foreign languages. – 2022. – T. 16. – No. 1. – S. 82-90.
4. Belevtseva S. N. The strategy of “spreading democracy” in US foreign policy in the second half of the twentieth century: scientific approaches, trends, assessments // Bulletin of Humanitarian Education. – 2021. – No. 2. – S. 80-88. – DOI 10.25730/VSU.2070.21.021.
5. Valitova A. T. Fake news as a political and discursive phenomenon of the modern era // Questions of Political Science. – 2022. – T. 12. – No. 3. – S. 684-691. – DOI 10.35775/PSI.2022.79.3.006.
6. Chumachenko ZM Peculiarities of legal regulation of social networks in the USA // Public and private international law. – 2022. – No. 5. – S. 42-45. DOI 10.18572/1812-3910-2022-5-42-45.
7. Taran K. K., Garbar Yu. R. The use of Internet technologies in the field of communication, a legal view // Eurasian Law Journal. – 2021. – No. 1 (152). – S. 51-55.
8. Kochkin T. N. Monopoly of modern IT corporations on the example of Twitter and Parler // Young scientist. – 2021. – No. 4. – S. 176-177.
9. Tsvetkova N. A., Fedorova I. V. US data diplomacy: goals, mechanism, content // USA and Canada: economics, politics, culture. – 2021. – T. 51. – No. 1. – S. 104-116. DOI 10.31857/S268667300013205-5.
10. Basov O. N. Instruments of intra-elite struggle for political power in modern USA // Questions of national and federal relations. – 2021. – T. 11. – No. 5 (74). – S. 1578-1586. DOI 10.35775/PSI.2021.74.5.022.
HISTORY OF STATE AND LAW
BELYAKOVA Anastasia Mikhaylovna
Ph.D. in Law, associate professor of Humanitarian and legal disciplines sub-faculty of the Dzerzhinsky branch of the N. I. Lobachevsky Nizhny Novgorod State University
IDEOLOGICAL REASONS FOR THE COLLAPSE OF THE USSR AND THE CONSTITUTION OF THE RUSSIAN FEDERATION
The scientific literature considers many reasons for the collapse of the USSR. This article attempts to analyze the ideological reasons that, in our opinion, were crucial for the collapse of the USSR. The author analyzes the ideological state of Russian society in the era of perestroika. The methodological basis of the research is general scientific and general historical methods. The article concludes that, in many wayss, society’s disillusionment with communist ideals led to the collapse of the USSR.
Keywords: the reasons for the collapse of the USSR, perestroika, glasnost, ideology, Marxism-Leninism, communism, atheism.
Reference bibliographic list
1. “Constitution (Basic Law) of the Union of Soviet Socialist Republics” (adopted by the USSR Supreme Council on 07.10.1977) // “Vedomosti of the USSR Armed Forces”. – 1977. – No. 41. – Art. 617.
2. Avdonin V. S. Transformation of the Soviet ideology in the discursive practices of the Russian government // Contours of global transformations. – 2021. – Volume 14. – No. 5. – S. 81-99.
3. Berdyaev N. A. Origins and meaning of Russian communism. – M.: Nauka, 1990. – 224 p.
4. Gadzhiev K.S. On the Crisis of National Identity // mir-politika.ru: international political journal Mir Politika. [Electronic resource]. – Access mode: http://mir-politika.ru/3499okrizise-nacionalnoy-identichnosti.html (date of access: 11/18/2022).
5. Kara-Murza S. G. Dismantling the people. – M.: Algorithm, 2007. – 704 p.
6. Kara-Murza S. G. Soviet civilization. T. 2. – M.: Algorithm, 2001. – 688 p.
7. Lavrovsky I. K. Stranostroy // Main theme. – 2005. – No. 4. – S. 120-137.
8. Nikonova S.I. The crisis of ideology and Soviet society In the 1970s-80s. // Bulletin of TSU. – 2008. – Issue 5 (61). – S. 374-382.
9. Savchenko A. E. USSR 1985-1991: the history of accidental self-liquidation of power? // Russia and Asia-Pacific. – 2016. – S. 66-81.
10. Smolkin V. A holy place is never empty: the history of Soviet atheism / Victoria Smolkin; per. from English. O. B. Leontieva, scientific. ed. M. Yu. Smirnov. – M.: New Literary Review, 2021. – 552 p.
11. Sogrin V. Political history of modern Russia, 1985-1994: from Gorbachev to Yeltsin. – M.: Progress – Academy, 1994. – 192 p.
12. Turaev V. A. The crisis of Soviet identity and the collapse of the USSR // Russia and the Asia-Pacific Region. – 2015. – No. 4 (90). – S. 5-17.
13. Shambarov V. E. Betrayal in the CPSU. Chronicle of the destruction of the USSR. – Moscow: Motherland, 2022. – 480 p.
14. Yakovlev A. N. Bolshevism is a social disease of the twentieth century. // The Black Book of Communism. Crimes, terror, repression / S. Courtois [and others]. – M., 2001. – S. 5-32.
15. Yakovlev N. N. “Yes, we killed the giant dragon”: Notes of a professional historian // Young Guard. – 1996. – No. 6. – S. 43-73
HISTORY OF STATE AND LAW
GASANOVA Savdat Abdurahmanovna
magister student of History of state and law sub-faculty of the Institute of Law of the Dagestan State University
AIBATOV Magomednabi Magomedmirzoevich
Ph.D. in Law, professor of History of state and law sub-faculty of the Institute of Law of the Dagestan State University
THE HISTORY OF THE DEVELOPMENT OF SOVIET CIVIL LAW
This article attempts to establish the distinctive features and peculiarities of the branch of civil law during the existence of the Soviet state. As a result of the conducted historical and legal analysis, the authors came to the conclusion that the civil law of that period was characterized by the existence of a large number of mandatory norms that prevailed over the norms of a dispositive nature. In addition, on the way of building socialism and under the influence of communist ideology, civil law has undergone many changes.
Keywords: civil law, soviet legislation, private law, public law, socialism, private property.
Reference bibliographic list
1. Pashentsev D. A. Features of the development of Soviet civil law at the initial stage (1917-1922) // Bulletin of the Moscow State Regional University. – 2017. – No. 4. – S. 22-27.
2. Feoktistov A. V. Development of civil law in Russia // Science. Society. State. – 2021. – No. 4. – P. 46-55.
3. Ruzanova VD The Civil Code of the RSFSR of 1922: prerequisites for the adoption and continuity of legal regulation // Legal Bulletin of the Samara University. – 2016. – No. 2. – P. 37-42.
4. Biyushkina N. I. Problems of the development of Soviet civil law and process during the period of codification of the mid-1950s – mid-1960s. // Genesis: historical research. – 2017. – No. 1. – P. 9-17.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the Volga branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management of the RANEPA under the President of the Russian federation
FABRICHNAYA Lyudmila Igorevna
student of the 6th course of the Medical Faculty of the Privolzhsky Research Medical University of the Ministry of Health of the Russian Federation
LEGAL REGULATION OF NEGATIVE SOCIAL PHENOMENA ABROAD AT THE END OF THE XVIII CENTURY
The article deals with the issues of legal regulation of the fight against alcoholism in the process of historical development of individual states at the end of the XVIII century. The authors payspecial attention to the emergence, development and comparative analysis of the legislation of foreign countries regulating the treatment and prevention of alcoholism among the population. In the course of the study, the authors consider the main techniques and methods of diagnosis and treatment of drunkenness in various states with the expression of their opinion on this issue. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the importance of measures taken in foreign countries in the fight against such a pernicious phenomenon in society as drunkenness.
Keywords: hospitals, alcoholism, alcohol abuse, medical institutions, legal regulation of compulsory treatment.
Reference bibliographic list
1. Deryuzhinsky VF Police law. Allowance for students. – St. Petersburg, 1903. Allpravo.Ru – 2004. [Electronic resource]. – Access mode: https://clck.ru/32WHce.
HISTORY OF STATE AND LAW
DANILOV Igor Borisovich
Ph.D. in Law, associate professor, Head of Jurisprudence sub-faculty of the Siberian State University of Geosystems and Technologies
LEGAL NATURE AND POLITICAL ESSENCE OF THE LOCAL BUDGETS OF THE RSFSR DURING THE NEP
The article deals with the political and legal processes and phenomena associated with the establishment of the system of local budgets of the RSFSR during the NEP period. The prerequisites for the establishment of a new system are analyzed, the system of zemstvo budgets is described, and its significance is determined. The activity of the Soviet authorities in organizing a system of independent finance in the field is characterized. It is concluded that the understanding of the legal nature and political essence of the new institution was extremely ambiguous and was based on the ideological contradictions of statesmen to the principles and ideas of the New Economic Policy.
Keywords: local budgets, local finances, zemstvo budgets, NEP, Temporary Regulations on Local Finances 1923, Regulations on Local Finances 1926.
Reference bibliographic list
1. Nizamova M.S. Zemsky budgets of the Volga and Ural regions as indicators of the financial and economic activities of local governments // News of the Russian State Pedagogical University. A. I. Herzen. – 2099. – No. 96. – S. 24-31.
2. Regulations on provincial and county zemstvo institutions // Public administration institutions in Russia: the experience of formation and evolution. Documents tell … – N.N., 1994. – S. 120-133.
3. Temporary rules for zemstvo institutions in cases of zemstvo duties, national food and public charity // Collection of all legalizations and orders of the government for zemstvo institutions. – St. Petersburg, 1868. – S. 63-94.
4. Charter on zemstvo duties // Code of Laws of the Russian Empire. Text: 1876-1917 edition.
5. Lenin V. I. Immediate tasks of the Soviet government // Full. coll. Soch., vol. 36. – M., 1969. – S. 151-152.
6. Soviet national economy // Life of Siberia. – 1922. – No. 2. – S. 3.
7. Financial encyclopedia: under the general. ed. G. Ya. Sokolnikova. Second edition. – M., 1927. – S. 278.
8. Ozerov N. M., Optivtsev A. N., Orlov F. E. Local finances and local budget. – M., 1931. – S. 7.
9. Encyclopedia of local government and economy. – M., 1927. – S. 216.
HISTORY OF STATE AND LAW
LYSENKOV Sergey Gennadjevich
Ph.D. in Law, professor, professor of Theory and history of state and law sub-faculty of the Order of Zhukov St. Petersburg Military Institute of the National Guard of the Russian Federation
BUTOV Sergey Valerjevich
adjunct of the adjunct course (full-time and part-time studies) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the Order of Zhukov St. Petersburg MILITARY INSTITUTE OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATION
Legal means to combat the falsification of the history of the Great Patriotic War
The article notes the importance of combating the falsification of the history of the Great Patriotic War, reveals the main directions of falsification and its causes. The authors give a chronology of organizational and legal measures aimed at counteracting the falsification of history, analyze the content of existing legal acts. Proposals for improving the organizational and legal means of counteracting the falsification of history are presented.
Keywords: falsification of history, legal means, patriotism, victory, Great Patriotic War.
Reference bibliographic list
1. Arkin E. A. Conversations about education. – M .: “Young Guard”, 1945. – 203 p.
2. Kuznitsyna S. L. We will be worthy of the memory of the fallen // Psychological and pedagogical problems of human security and society. – 2015. – No. 2 (27). – S. 59-66.
3. Deryugin A. A., Lutsenko V. V. Countering the spread of “fake” information in matters of security: the function of the state in modern conditions // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2022. – T. 8. – No. 3. -pp. 281-286.
4. Lysenkov S. G., Butov S. V. Legal support of the activities of the troops of the NKVD of the USSR to protect the rear of the army during the Great Patriotic War of 1941-1945 // Yakovlev readings: Collection of scientific articles I Interdepartmental scientific and practical conference with international participation , Novosibirsk, March 22-23, 2022. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation, 2022. – S. 278-283.
5. Bredikhin A. L. Legal regulation of the fight against falsification of the history of Russia // Economics. Sociology. Right. – 2020. – No. 4 (20). – S. 101-105.
6. Countering the falsification of the history of Russia: scientific and legislative aspects. – M.: Publication of the State Duma, 2020. – 160 p.
HISTORY OF STATE AND LAW
ERMILOV Ivan Valerjevich
postgraduate student of Economics and management sub-faculty of the Moscow University of Finance and Law
FEATURES OF THE LEGISLATIVE POLICY OF PETER I IN RELATION TO THE OLD BELIEVERS
The scientific article analyzes the reasons for the change in the legislative policy of the Russian government in relation to individual Old Believer communities, as well as the entire religious community of the Old Believers during the reign of Peter I. A legal assessment is given of the regulations governing the legal status of the Old Believers in the Russian state at the beginning of the 18th century.
Keywords: legal status, absolute monarchy, legal regulation, decriminalization, history of law, feudal law.
Reference bibliographic list
1. Glagoleva A.P. Olonets factories in the first quarter of the 18th century. / Acad. sciences of the USSR. Institute of History. – Moscow: Acad. Sciences of the USSR, 1957. – S. 247.
2. Golikova N. B. Political processes under Peter I. Based on the materials of the Preobrazhensky order. – Moscow: Publishing House of Moscow State University, 1957. – S. 121.
3. Dubakov M. V. Industrial and trade policy of Peter I. dissertation … candidate of economic sciences: 08.00.01 / Mosk. state un-t im. M.V. Lomonosov. – Moscow, 2004. – S. 73.
4. Zolina I. I. The legal status of the church according to the Cathedral Code of 1649 // Law and order in modern society: a collection of materials from the XI International Scientific and Practical Conference. – Novosibirsk: Publishing house of NSTU. Novosibirsk, 2012. – S. 149-154
5. Ivanovsky N. I. Guide to the history and exposure of the Old Believer schism. – Kazan, 1887. – S. 81.
6. Klibanov A. I. The experience of religious reading of the works of Avvakum. // Traditional spiritual and material culture of Russian Old Believer settlements in Europe, Asia and America. Sat. scientific works. Rep. ed. N. N. Pokrovsky, R. Morris. – Novosibirsk, 1992. – S. 34.
7. Knyazkov S. A. Essays from the history of pre-Petrine Rus’. – 2nd ed., corrected. and additional – Petrograd: Prince. mag. P. V. Lukovnikova, 1917. – S. 527.
8. Martynov M. N. Mining industry in the Urals under Peter I. – Sverdlovsk, 1948. – P. 11.
9. Melgunov S. P. From the history of religious and social movements in Russia in the 19th century: Old Believers. Religious persecution. Sectarianism. – Moscow: Zadruga, 1919. – S. 107.
10. Opinions of Patr. Nikon about the Code and so on. (From answers to the boyar Streshnev) // ZORSA. – T. 2. – S. 423-498.
11. Skripkina E. V. Autocracy and church schism in Russia in the second half of the 17th century: Tsar Alexei Mikhailovich and Archpriest Avvakum: monograph; Federal Agency for Education, State. educational institution of higher education prof. education Omsk fil. Russian Correspondence Institute of Textile and Light Industry. – Omsk: Publishing House of the Omsk State. un-ta, 2009. – C. 70.
12. Smirnov P. S. History of the Russian split of the Old Believers. – 2nd ed., corrected. and additional – St. Petersburg: type. Ch. ex. appanages, 1895. – S. 175.
13. Tikhomirov M. N. Class struggle in Russia in the 17th century. – Moscow: Nauka, 1969. – S. 444.
HISTORY OF STATE AND LAW
LOOS Evgeniy Viktorovich
senior lecturer of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SEMENYUK Ruslan Alexandrovich
Ph.D. in Law, associate professor, associate professor of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the RANEPA under the President of the Russian Federation
POLITICAL AND LEGAL IDEAS ABOUT THE HONOR AND DIGNITY OF THE INDIVIDUAL IN ANCIENT EGYPT
Effective legal protection and full realization of the individual’s rights to honor and dignity are impossible without studying the nature of these phenomena. The article examines the ideas about the honor and dignity of the individual that existed in one of the typical states of the Ancient East – Ancient Egypt. The state formed in the historical conditions that existed at that time became an instrument of class domination, establishing itself in a number of countries of that period in the form of eastern despotism. The ideological basis of despotism was religion, which deified the personality
and power of the head of state. All this left an imprint on the specifics of the formation of ideas about honor and dignity in the historical segment under study.
Keywords: honor, dignity, personality, ancient Egypt, ideas, human rights.
Reference bibliographic list
1. Anichkin E. S., Botvin I. V. Comparative legal analysis of the criminal legislation of European countries and the Russian Federation for causing property damage by deception or abuse of trust // Altai Legal Bulletin.
– 2014. – No. 1.
2. Biography of the nobleman Una. Cit. Quoted from: History of the Ancient East. Texts and Documents: Textbook / Ed. V. I. Kuzishchina. – M.: Higher. school, 2002.
3. Sayings from the Book of the Dead. Cit. Quoted from: History of the Ancient East. Texts and Documents: Textbook / Ed. V. I. Kuzishchina. – M.: Higher. school, 2002.
4. Loos E. V. To the question of the honor and dignity of collective subjects // Altai Legal Bulletin. – 2017. – No. 3 (19).
5. Instruction of the Herakleopolite king to his son Merikara. Cit. Quoted from: History of the Ancient East. Texts and Documents: Textbook / Ed. V. I. Kuzishchina. – M.: Higher. school, 2002.
6. Ermakova O. V., Botvin I. V., Tarasova L. Ya. [et al.]. Crimes against person and property: problems of interpretation and qualification. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2020.
HISTORY OF STATE AND LAW
Lyapin Nikita Mikhaylovich
Ph.D. in historical sciences, associate professor of Jurisprudence sub-faculty of the Astrakhan State Technical University
CULTURAL AND EDUCATIONAL ORGANIZATIONS OF THE LOWER VOLGA REGION IN THE FORMATION OF CIVIL SOCIETY IN THE SECOND HALF OF THE XIX – EARLY XX CENTURY: HISTORICAL AND LEGAL ASPECT
The article examines the historical and legal aspects of the activities of public cultural and educational organizations of the Lower Volga region and their impact on the formation of civil society in post-reform Russia. Historical experience shows that the condition for the effective solution of socially significant tasks is cooperation and coordination of the activities of the state, local self-government and private initiative.
Keywords: civil society, public organization, city self-government, educational activities.
Reference bibliographic list
1. Vakhterov V.P. Folk readings// Russian school. – 1896. – No. 5-6.
2. Kolesnikova N. A., Ryabova E. L. Civil society in modern Russia. – M.: International Publishing Center “Ethnosocium”, 2016.
3. Kravchenko A. I. Political science: Textbook. – M.: Publishing House of Moscow State University, 2006.
4. Makshaeva E. N. The pre-revolutionary stage of the formation of civil society in Russia // Proceedings of the II International Scientific Conference “Intercultural Communication in Modern Society”. – Saransk, 26.09.-31.10.2011 (Language. Culture. Society. Issue 3. 2011).
5. Commemorative book of the Astrakhan province for 1892 – Astrakhan, 1892. – Part 2.
6. Charter of the society of Saratov sanitary doctors. Saratov, type. Ishchenko & Co., without a year.
HISTORY OF STATE AND LAW
MIKHEEVA SVETLANA NIKOLAEVNA
Ph. D in Law, associate professor of General psychology and humanities sub-faculty of the Ural Law Institute of the MIA of Russia
PROBLEMS OF ORGANIZING CULTURAL AND EDUCATIONAL WORK WITH SPECIAL SETTLERS IN THE URAL REGION IN THE EARLY 30S OF THE XX CENTURY
In this article, on the basis of a number of archival documents, the peculiarities in the organization of cultural and educational work among special settlers in the Urals (in the Ural region) in the early 30s of the XX century are revealed. The need to organize cultural and educational work, including among the Kulaks, had a fairly solid legal and ideological basis, reflected in the decisions of the XVI Congress of the CPSU (b), namely, in the fight against deviations in the national question – against great–power chauvinism and local nationalism; the introduction in the near future of universal compulsory primary education and the elimination of illiteracy of the population, as well as the deployment of percussion and social competition.
Keywords: special settlers, repression, the Urals, Ural Republic, kulaks, cultural and educational work.
Reference bibliographic list
1. Decree of the Central Executive Committee and the Council of People’s Commissars of February 1, 1930 “On measures to strengthen the socialist reorganization of agriculture in areas in areas of complete collectivization and to combat the kulaks.” – [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=6540#LkOzvlSmEb1pyfmS1 (date of access: 11/14/2022).
2. Sixteenth Congress of the CPSU (b). – [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/bse/151487/ (date of access: 11/14/2022)
3. The fate of dispossessed special settlers in the Urals 1930 – 1936: Sat. documents / comp. A. E. Bedel, T. I. Slavko. – Yekaterinburg, 1994.
4. Form of obligation of the senior group of special settlers to comply with the rules introduced in the special settlements of the Ural region. Not later than the beginning of May 1930 – [Electronic resource]. – Access mode: http://istmat.info/node/51467 (date of access: 11/14/2022).
5. Inspection of special settlements of private household plots in the Chusovsky district. Resolution on the report of the commission at a meeting of the bureau of the Chusovoy Republic of Kazakhstan of the All-Union Communist Party of Bolsheviks. July 17, 1932 – [Electronic resource]. – Access mode: http://docs.historyrussia.org/ru/nodes/72221-obsledovanie-spetsposelkov-lph-chusovskogo-rayona-rezolyutsiya-po-dokladu-komissii-na-zasedanii-byuro-chusovskogo-rk-vkp- b-17-iyulya-1932-g#mode/inspect/page/2/zoom/4 (accessed 11/14/2022).
6. On measures to improve political and educational and cultural and educational work among the labor settlers. From the decision of the Bureau of the Sverdlovsk Regional Committee of the All-Union Communist Party of Bolsheviks. November 20, 1935 – [Electronic resource]. – Access mode: http://docs.historyrussia.org/ru/nodes/72244-o-meropriyatiyah-po-povysheniyu-politiko-vospitatelnoy-i-kulturno-prosvetitelnoy-raboty-sredi-trudposelentsev-iz-postanovleniya-byuro- sverdlovskogo-obkoma-vkp-b-20-noyabrya-1935-g#mode/inspect/page/1/zoom/4 (accessed 11/14/2022).
7. Memorandum of the OGPU PP for the Urals comrade. Rappoport from the detective of the NGO PPOGPU in the Urals Kiryukhin A.S. and the head of the Regional commandant’s department Baranov N.D.; Summary of the Main Directorate of Camps of the OGPU on the political and economic state of the special settlers on July 20, 1931; Report of the Ural regional health department to the People’s Commissariat of Health on February 10, 1932 – [Electronic resource]. – Access mode: http://pmem.ru/index.php?id=60 (date of access: 11/14/2022).
8. On special settlers and the reorganization of the commandant’s administration and its local bodies. Decree of the Presidium of the Ural Regional Executive Committee of February 8, 1931 – GASO. – F. R.-88. – Op. 1-a. – D. 63. – L. 11, 12.
HISTORY OF STATE AND LAW
MIRONOVA Oksana Aleksandrovna
Head of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
NAZAROV Matvey Viktorovich
cadet of the Crimean branch of the Krasnodar University of the MIA of Russia
INTERACTION OF THE POPULATION WITH AUTHORITIES CARRYING OUT OPERATIONAL SEARCH ACTIVITIES: HISTORICAL AND LEGAL ASPECT
It is impossible to ensure the prevention and detection of crimes without opposing the activities of criminals to a complex of operational-search measures and using the help of the population. The articles conducts a historical and legal study of the stages of development of interaction between the population and the bodies carrying out operational-search activities, starting from the stage of building the Old Russian state (X century) and ending with the modern period. The authors come to the conclusion that such interaction has gone through 4 stages in its development.
Keywords: operational-search activity, ancient Russian state, Russian Empire, Soviet state, police
Reference bibliographic list
1. Bredikhin A. L. III department of His Imperial Majesty’s own office in the history of Russian political investigation // Bulletin of the Chelyabinsk State state university. Series: Law. – 2020. – No. 1.
2. Rasskazov L. P., Rasskazov V. L. The emergence and functioning of the detective police of St. Petersburg (1866-1881) // Bulletin of the KRU of the Ministry of Internal Affairs of Russia. – 2018. – No. 2.
3. Shakhmatov A. V. Legal regulation of the assistance of citizens to bodies carrying out operational-search activities. Dis. … cand. legal Sciences. – St. Petersburg, 1999. – 230 p.
HISTORY OF STATE AND LAW
PRYS Irina Evgenjevna
Ph.D. in Law, senior lecturer of Theory of state and law, European and international law sub-faculty of the Academy of the FPS of Russia
HISTORICAL AND LEGAL ANALYSIS OF ENSURING THE IMPLEMENTATION OF PERSONAL RIGHTS OF MINORS COMMITTED OFFENSES
The article makes a historical and legal analysis of the relationship to minors as an object of encroachment, and as a subject of a crime. It is determined that at each stage of historical development, the attitude towards minors, as the most vulnerable part of the population, on the part of the family, society and the state, was brought to uniform measures of education and response to their illegal behavior . So, at the end of the nineteenth century. regulations and instructions began to be developed on the upbringing of minors, including the detention in prisons and other places of detention of those who committed a crime.
Keywords: rights, freedoms, personality, citizen, person, minor, offenses, state power, legal consciousness, crime, misconduct.
Reference bibliographic list
1. Mustafaev F. M., Mustafaeva Z. S. The specifics of the protection of the rights of minors in the history of the Russian state // UN Convention on the Rights of the Child: experience and prospects for implementation: Proceedings of the All-Russian Scientific and Practical Conference. – Makhachkala, 2009. – S. 309.
2. Likhachev D. S. “The Tale of Bygone Years” // In the book: Likhachev D. S. [Great Heritage: Classical Works of Literature of Ancient Rus’]. – L .: Artist. lit., 1987. – T. 2.
3. Popper K. The logic of succession (logic der Forschung, in Russian translation “Logic and the growth of scientific knowledge”), 1935.
4. General exhortation of Charles I (789) on the formation of schools // Reader on the history of the Middle Ages. Ed. N. P. Gratsinsky and S. D. Skazkin. T. 1. – M .: State uch.-pedpgog. Publishing House of the Ministry of Education of the RSFSR, 1949. – S. 119.
HISTORY OF STATE AND LAW
SHALAGINA Svetlana Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
GALIULLINA Svetlana Dmitrievna
Ph.D. in historical sciences, professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
GAYNUTDINOV Rail Radikovich
postgraduate student of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
TO THE PROBLEM OF LEGAL REGULATION OF NATURAL REPRODUCTION OF THE POPULATION OF BASHKORTOSTAN (1945-1959)
The article deals with some problems of natural reproduction of the population of the Bashkir Soviet Socialist Autonomous Republic in the post-war period of the last century. The legal documents that predetermined the goals, objectives and priorities of support and protection of motherhood and childhood in the USSR are analyzed. The article attempts to comprehensively study the sources and channels, the specifics of the reproductive behavior of the population of Bashkiria. A comprehensive analysis of the problems associated with the natural reproduction of the population was carried out based on the involvement of a wide range of sources.
Keywords: legal system, state power, population reproduction, family.
Reference bibliographic list
1. 1st session of the Supreme Soviet of the Bashkir ASSR of the second convocation. Verbatim report. – Ufa, 1947. – S. 1.
2. Shalagina S. V., Istamgalin R. S., Lobankova I. P., Iseeva E. R., Kotova T. P. On the problem of the influence of soviet demographic policy on the urban population of Bashkortostan in 1930s-1950s. // Asian social science. – 2015. – T. 11. – No. 19. – S. 185-192.
3. Galin R. A., Galina L. L. Population of the Republic of Bashkortostan. Dynamics and features of formation. – Ufa, 1996.
4. Communist Party of the Soviet Union. Communist Party of the Soviet Union in resolutions and decisions of congresses, conferences and Plenums of the Central Committee (1898-1988) / CPSU; Institute of Marxism-Leninism under the Central Committee of the CPSU; Under total ed. A. G. Egorova, K. M. Bogolyubova. – 9th ed., additional and corrected. – M.: Politizdat, 1984. – T. 5. – S. 144-145.
5. Podyachikh P. G. Issues of population and demographic statistics. – M., 1966.
6. Resolutions of regional conferences of the Bashkir party organization and plenums of the regional committee of the CPSU (1917-1940). – Ufa, 1959. – S. 681.
7. Resolutions of regional conferences of the Bashkir party organization and plenums of the regional committee of the CPSU. (1941-1960). – Ufa, 1962.
8. Shalagina S. V., Kazantseva E. A. Some aspects of the evacuation of the population to the Republic of Bashkortostan during the Great Patriotic War // Scientific potential. – 2013. – No. 2 (11). – S. 93-97.
HISTORY OF STATE AND LAW
SALNIKOV Alexander Sergeevich
Ph.D. in Law, leading scientific researcher of the Department for the study of history of the MIA of Russia of the research center of the Management Academy of the MIA of Russia
OMSBON OF THE NKVD OF THE USSR: CREATION, STRUCTURE, ACTIVITY
The article deals with the creation, formation and development of one of the unique special units formed during the Great Patriotic War – a separate motorized rifle brigade for special purposes of the NKVD of the USSR, in the process of setting new goals and tasks for it in the areas of its activity in the conditions of various stages of the fight against the German – fascist invaders.
Keywords: The Great Patriotic War, sabotage activities, intelligence activities, partisan movement, OMSBON NKVD of the USSR, Special Group troops.
Reference bibliographic list
1. Bunin S. V., Martsenyuk Yu. A., Berkutov A. S. et al. Troops of the NKVD in the Great Patriotic War. Military historical work. In 3 volumes. Vol. II. Troops of the NKVD in the first and second periods of the Great Patriotic War (1941-1943). – M .: Editorial office of the magazine “On a combat post” of the internal troops of the Ministry of Internal Affairs of Russia, 2015.
2. The Great Patriotic War of 1941-1945. In 12 vols. T. 6. Secret war. Intelligence and counterintelligence during the Great Patriotic War. – M.: Kuchkovo field, 2013.
3. Zevelev A. I., Kurlat F. L., Kazitsky A. S. Hatred, pressed into the tol. – M.: Thought, 1991.
4. Klimov A. Yu., Potemkin I. A., Salnikov A. S. The role of the NKVD of the USSR in the partisan movement and underground work during the Great Patriotic War of 1941-1942. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2020.
5. Klimov A. Yu., Salnikov A. S. Organization of the NKVD USSR intelligence and intelligence work of off-front units during the Great Patriotic War (October 1941 – April 1942) // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (66). – S. 99-103.
6. Korovin VV Soviet intelligence and counterintelligence during the Great Patriotic War. – M .: “Rus”, 2003.
7. Partisans in the battle for Moscow 1941-1942: Archival documents and materials / Comp. M. M. Gorinov, M. Yu. Marukov, I. V. Ryzhova. – M .: Publishing house of the Main Archive of Moscow, Publishing house “Patriot”. 2008.
8. RGVA. F.39026. Op. 1. D. 112.
9. RGVA. F.39026. Op. 1. D. 189.
10. RGVA. F. 39026. Op. 1. D. 179.
11. Sudoplatov P.A. Victory in the secret war. 1941-1945 / Pavel Sudoplatov. – M.: Algorithm. 2019.
HISTORY OF STATE AND LAW
BUTOV Sergey Valerjevich
adjunct of the adjunct course (full-time and part-time studies) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the Order of Zhukov St. Petersburg MILITARY INSTITUTE OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATION
The feat of Zoya Kosmodemyanskaya in legal documents and arguments of falsifiers of the history of the Great Patriotic War
The article presents an analysis of archival materials and legal documents that make it possible to objectively judge the feat of the Hero of the Soviet Union Zoya Kosmodemyanskaya. The author, on the basis of indisputable facts, refutes the arguments of the falsifiers of the feat of Zoya Kosmodemyanskaya, shows the need to apply legal and moral measures to persons trying to distort historical truth, rehabilitate Nazism, and discredit the exploits of the defenders of the Fatherland in the Great Patriotic War.
Keywords: Zoya Kosmodemyanskaya, hero, feat, falsification of history, Great Patriotic War.
Reference bibliographic list
1. Bunin S. V., [and others]. Troops of the NKVD in the Great Patriotic War. Military historical work. In 3 volumes. Volume III. Troops of the NKVD in the third period of the Great Patriotic War and in the Soviet-Japanese War (1944-1945). M.: Editorial board of the magazine “On a combat post” of the internal troops of the Ministry of Internal Affairs of Russia, 2015. 416 p.
2. Heroes of the Soviet Union: A Brief Biographical Dictionary in two volumes. T. 1 / Abaev – Lyubichev / Pred. ed. Collegium I. N. Shkadov. M.: Military Publishing House, 1987. 911 p.
3. Lidov P. Tanya // Pravda. gas. 1942. 27 Jan. C. 3.
4. Central Archive of the Socio-Political History of Moscow (hereinafter – CAOPIM). F. 8682. Op. 1. D. 561. L. 55-76.
5. Russian State Archive of Socio-Political History. F. M-7. Op. 2. D. 649. Part 5. L. 7.
6. Russian State Archive of Literature and Art. F. 1865. Op. 1. D. 110. L. 28-29.
7. CAOPIM. F. 3. Op. 52. D. 145. L. 1-10.
8. Central Archive of the FSB of Russia (hereinafter – CA FSB). D. N-16440. L. 66-67v.
9. CA FSB. D. N-16440. L. 68-69.
10. CA FSB. D. 35902. L. 49-49v.
11. Archive of the FSB Department for Moscow and the Moscow Region. D. 35902. L. 15-16.
12. CAOPIM. F. 8682. Op. 1. D. 561. L. 38-38v., 40-40v.
13. Central archive of the Ministry of Defense of the Russian Federation. F. 148a. Op. 3763. D. 111. L. 21, 22.
HISTORY OF STATE AND LAW
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the Volga branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management of the RANEPA under the President of the Russian Federation
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
FABRICHNAYA Lyudmila Igorevna
student of the 6th course of the Medical Faculty of the Privolzhsky Research Medical University of the Ministry of Health of the Russian Federation
FEATURES OF THE LEGAL REGULATION OF PROSTITUTION IN RUSSIA AND ABROAD AT THE END OF THE XVIII CENTURY
The article deals with the issues of legal regulation of prostitution as a negative phenomenon at the end of the XVIII century. Particular attention is paid to the mechanism of identifying a certain category of women offering intimate services for remuneration, and to the measures that foreign countries, including Russia, have taken in the fight against this harmful phenomenon. The authors analyze the legislation of France, England and Russia on the issue under study, compare the positive and negative aspects. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the importance of measures taken in foreign countries and in Russia in the fight against prostitution.
Keywords: law, law, prostitution, hospitals, forced treatment, syphilis.
Reference bibliographic list
1. “Charter on deanery” of Empress Catherine II of April 8, 1782 Art. 155. [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?doc_itself=&empire=1&nd=142691&page=1&rdk=0&link_id=3#I0.
CONSTITUTIONAL LAW
ARKHIPKINA Anastasia Sergeevna
Ph.D. in economical sciences, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
SNITSAREVA Yuliya Vladimirovna
magister student of the Baikal State University, Irkutsk, consultant of the Department for the Development of the Social sphere of the Committee on Social Policy
RECEIVING SUBSIDIES BY MUNICIPALITIES OF THE IRKUTSK REGION TO SUPPORT YOUNG FAMILIES IN SOLVING HOUSING PROBLEMS
This article analyzes one of the mechanisms for the implementation of the constitutional right to housing on the example of the Irkutsk region. The right to housing is one of the fundamental and natural rights of a human being, because the need for housing has arisen since ancient times from the moment of the need to shelter and protect oneself and one’s family. Nowadays, ensuring the need of each citizen for housing is one of the most important conditions for creating a decent standard of living for human beings.
Keywords: right to housing, support for young families, housing, social payment.
Reference bibliographic list
1. Babichev I. V., Esin V. V. Some legal aspects of the municipal economy and the implementation of the competencies of municipal entities // Constitutional and municipal law. – 2017. – No. 3.
2. Badulina E. V., Krashennikova P. V. Ensuring the right to housing by local governments. – Moscow: Publication of the State Duma, 2015.
3. Boyko N. N. Actual problems of interbudgetary transfers in local budgets // State power and local self-government. – 2020. – No. 10.
4. Sazonova N. L. Features of the development of social policy in the Russian Federation // Baikal research journal. – 2011. – No. 4.
5. Sedykh O. G. Interaction between government and business in solving the housing problems of orphans as a mechanism for controlling and deterring social dependency // Academic legal journal. – 2018. Vol. 9. – No. 2.
6. Pyatkovskaya Yu. V. State support of young professionals as a direction of youth policy: regional aspect // Academic legal journal. – 2021. – V. 22. No. 3.
CONSTITUTIONAL LAW
BELOVA Alina Radikovna
adjunct of the Academy of Management of the MIA of Russia
TRANSFORMATION OF THE RIGHT TO PRIVACY IN THE CONDITIONS OF INFORMATIZATION OF PUBLIC RELATIONS
The article examines the question of the transformation of the right to privacy under the influence of developing modern technologies and their active implementation in public relations. The evolution of the content and the process of normative consolidation of this right in Russia and in the decisions of the ECtHR and Russia’s Constitutional Court are consistently considered. The actual problems faced by citizens in the exercise of the right to immunity are identified, in connection with which the need to improve national legislation is substantiated.
Keywords: constitutional law, human rights, personal privacy, privacy, digital society, data protection, fundamental rights to privacy and data protection.
Reference bibliographic list
1. Golovistikova A. N., Grudtsyna L. Yu. Constitutional law of Russia: Textbook. M.: Eksmo, 2006. C. 864.
2. Mayorov A. V., Poperina E. N. Formation and development of the right to privacy // Legal science and law enforcement practice. 2021. No. 3 (21). pp. 34-38.
3. Krotov A. V. The concept of a “broad” interpretation of the right to private life in the decisions of the Constitutional Court of the Russian Federation // Actual problems of Russian law. 2018. No. 5 (90). pp. 81-88.
4. Varlamova N. V. Digital rights – a new generation of human rights? // Proceedings of the Institute of State and Law of the RAS / Proceedings of the Institute of State and Law of the RAS. 2019. V. 14. No. 5. S. 141-147. DOI: 10.35427/2073-4522-2019-14-5-varlamova.
5. Zakharov T. V. The right to privacy: a new reality of the human emotional sphere // Law, digital technologies and artificial intelligence. M.: INION RAN, 2021. S. 251-266. DOI: 10.31249/pctii/2021.00.13 ISBN 978-5-248-01002-8
6. Khuzhokova I. M. Evolution of the content of the right to privacy in Russia // Advocate practice. 2016. No. 4. S. 2-5.
CONSTITUTIONAL LAW
TEMEEVA Yulduz Kairbekovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University
MAGOMEDOVA Patimat Rasulovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
INFORMATION SECURITY AS A TYPE OF NATIONAL SECURITY IN THE DOMESTIC SPHERE OF THE RUSSIAN FEDERATION
The issues of ensuring information security as a type of national security of the Russian Federation are considered. The expediency of adopting a new Federal law regulating activities aimed at ensuring information security is analyzed. The author also substantiates the need to strengthen the protection of the Russian information space from modern cyber threats.
Keywords: security, information, danger, information warfare, hacker attacks, cyber threats.
Reference bibliographic list
1. Bushkova A. Yu. Technologies of information impact on the statehood of the Russian Federation: ways of counteraction // Manuscript. – 2018. – No. 9 (95). – S. 63-66.
2. Muratova Yu. D. The essence of the information war in the regional political conflict and the main forms of its manifestation // Communicology. – 2018. – No. 1. – S. 34-45.
3. Nuyanzin S. V., Nuyanzin O. S. Information security of the individual and some organizational and legal measures to ensure it // Legal science and law enforcement practice. – 2018. – No. 2 (44). – S. 77-85.
4. Pilipenko VF Security: theory, paradigm, concept, culture. Dictionary reference. – M.: PER SE-Press. – 2005. – S. 170.
5. Smirnov V. M., Perebeinos K. A. Legal acts in the field of information security as one of the most important sources of information security of the Russian Federation // Trends in the development of science and education. – 2022. – No. 85-1. – S. 52-57.
6. Sherstyuk V.P. Information security in the system of ensuring the national security of Russia, federal and regional aspects of ensuring information security // Information society. – 1999. – No. 5. – S. 3-5.
CONSTITUTIONAL LAW
MALLALIEVA Gulnara Huseynovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
Alieva Zulfiya Ibragimovna
Ph.D. in Law, lecturer, associate professor, of the Institute of Law of the Dagestan State University
SOME ASPECTS OF THE IMPLEMENTATION OF THE BASIC LAW OF THE RUSSIAN FEDERATION
This paper reflects the results of a study of certain aspects of the implementation of the Constitution of the Russian Federation. The Basic Law of the Russian Federation has always been and remains one of the most popular objects of legal research. Interest in the implementation of the Constitution increased significantly in 2020 after the adoption of amendments, which were ambiguously perceived by the legal community. The issue of the supremacy of the Constitution and its correlation with the norms of international law was particularly acute. In this regard, the authors consider the constitutional provisions enshrined in articles 15 and 79 and their significance for the entire system of law of the Russian state.
Keywords: the Constitution of the Russian Federation, supremacy, international law, national law, implementation of the Constitution of the Russian Federation, amendments.
Reference bibliographic list
1. Farkhtdinov Ya. F. Sources of civil procedural law of the Russian Federation: specialty 12.00.15 “Civil process; arbitration process”: dis. … legal Sciences. – Yekaterinburg, 2002. – 376 p.
2. Madaev E. O. Doctrinal approach to the correlation of national and international law in the light of constitutional amendments // Prologue: Journal of Law. – 2021. – No. 1. – P. 96-105.
3. Avakyan S. A. Constitutional law of Russia. Training course: study guide: in 2 volumes. Volume 1. – 7th ed., Revised. and additional – Moscow: Norma: INFRA-M, 2022. – 433 p.
CONSTITUTIONAL LAW
STEPANKOV Sergey Dmitrievich
postgraduate student of the Рeoples’ Friendship University of Russia; Lead legal counsel of Joint-Stock Company “Institute “Orgenergostroy”
LEGAL ASPECTS OF USING CRYPTOCURRENCIES AS MEANS OF PAYMENT IN CROSS-BORDER SETTLEMENTS
Conducting foreign economic activitynder sanctions is a serious challenge and a test of the stability of the financial system. Financial restrictions not only affected the state, but also societies (including business structures, citizens). The State and society are in search of an effective mechanism for cross-border settlements. One of the options being considered is cryptocurrency transactions. This article examines the use of cryptocurrencies as a means of payment in cross-border settlements through the prism of legal regulation.
Keywords: bitcoin, blockchain, cryptocurrency, sanctions, token, financial market, digital assets, digital currency, digital economy.
Reference bibliographic list
1. Euroclear earned €110 million on Russian assets frozen due to sanctions // Forbes. [Electronic resource]. – Access mode: https://www.forbes.ru/finansy/472593-euroclear-zarabotala-eur110-mln-na-zamorozennyh-iz-za-sankcij-rossijskih-aktivah (date of access: 10/14/2022).
2. Database on the imposed sanctions against Russia // Castellum.ai. [Electronic resource]. – Access mode: https://www.castellum.ai/russia-sanctions-dashboard (date of access: 10/14/2022).
3. Gorodov O. A. Acquisition of utilitarian digital rights as a new way of investing under Russian legislation // Law and digital economy. – 2020. – No. 1.
4. Treaty on the Eurasian Economic Union. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
5. The West froze about $300 billion in reserves of the Bank of Russia // Gazeta.ru. [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/04/21/17607968.shtml (date of access: 10/14/2022).
6. Information about the limitations of the national payment system “Mir” // Official website of the US Treasury. [Electronic resource]. – Mode of access: https://home.treasury.gov/policy-issues/financial-sanctions/faqs/1082 (accessed 10/12/2022).
7. Kucherov I. I. Digital currencies in alternative payment systems // Digital economy: current trends in legal regulation. – M.: IZiSP, NORMA, 2022.
8. The Ministry of Finance announced the possible imminent legalization of cross-border payments in cryptocurrencies // TASS. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/15646955 (date of access: 10/14/2022).
9. The Ministry of Finance of Russia sent the draft federal law “On Digital Currency” to the Government of Russia // Official Internet resource of the Ministry of Finance of the Russian Federation. [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/press-center/?id_4=37774-minfin_rossii_napravil_v_pravitelstvo_rossii_proekt_federalnogo_zakona_o_tsifrovoi_valyute (date of access: 10/14/2022).
10. Mishustin instructed to agree on a position on digital currencies and mining by December 19 // TASS. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/15732581 (date of access: 10/12/2022).
11. Press release of the Eighth package of sanctions // Official website of the European Commission. [Electronic resource]. – Access mode: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5989 (Accessed 10/14/2022).
12. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis: monograph. – M.: 4 Print, 2020.
13. Bank of Russia Ordinance No. 6290-U, dated October 3, 2022, “On the Procedure for Establishing and Publishing by the Central Bank of the Russian Federation the Official Rates of Foreign Currencies against the Ruble”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
14. Federal Law No. 259-FZ of August 2, 2019 “On Attracting Investments Using Investment Platforms and on Amending Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
15. Federal Law No. 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
16. Federal Law No. 173-FZ of December 10, 2003 “On Currency Regulation and Currency Control”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
17. Federal Law No. 382-FZ of December 29, 2015 “On Arbitration (Arbitration) in the Russian Federation”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
18. Federal Law No. 259-FZ of July 31, 2020 “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: SPS “Consultant Plus”, 2022.
19. The Central Bank sees the potential for international settlements in digital currencies of central banks // TASS. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/15777351 (date of access: 10/14/2022).
20. Digital economy: conceptual foundations of legal regulation of business in Russia: monograph. – M., 2021.
CONSTITUTIONAL LAW
CHISTYAKOVA Olga Andreevna
postgraduate student of the Saint-Petersburg University of Management Technologies and Economics
RESTRICTION OF HOUSING RIGHTS AS A WAY TO INFLUENCE THE DEBTOR
Currently, there is a tendency in the legislative space to introduce amendments that affect the rights of debtors, including in cases where it is a question of withdrawing a dwelling from him. The reason for this trend is that the debtor’s activity in fulfilling the obligations assigned to him to pay the debt is not so high. In turn, the state is trying to form an effective economic system that allows solving the issue of debt collection as soon as possible. The author analyzes the points of view of researchers and the provisions of the current legislation on this issue. On the basis of which, the author concludes that this legislative trend is negative, as well as the need to create a different mechanism, which will be based on the permissible restriction of the debtor in relations where the object is real estate (housing).
Keywords: housing, debtor, constitutional regulation, principles of law, bankruptcy.
Reference bibliographic list
1. Afanasyeva T. Yu. Restriction of property rights: theoretical and legal aspect // Power of Law. – 2022. – No. 1 (49). – S. 192-196.
2. Gavrilov V. N., Zudina M. A. Escrow account in Russian and foreign law // Power of Law. – 2022. – No. 1 (49). – S. 126-135.
3. Kondratenko A. A. The concept of an insolvent debtor as a subject of law // Freedom and Law: collection of articles LXXXIV International Scientific Conference, Kemerovo, December 06, 2021. – Kemerovo: Pluton Publishing House, 2021. – P. 7-14.
4. Mikheeva I. V., Volkov M. V. Prospects for introducing the institution of state corporate managers in case of bankruptcy of developers // Legislation. – 2022. – No. 4. – P. 11-17.
5. Pirogova E. S. Restriction of the legal capacity and legal capacity of legal entities – debtors in the framework of insolvency (bankruptcy) cases: dis. … cand. legal Sciences. Specialty: 12.00.03. Civil law, business law, family law. – Moscow, 2010. – 170 p.
CONSTITUTIONAL LAW
BURENKOVA Mariya Aleksandrovna
postgraduate student of the Institute of Public Administration and Management of the RANEPA under the President of the Russian Federation”
FEATURES OF THE IMPLEMENTATION AND RESTRICTION OF THE RIGHT TO UNHINDERED RETURN TO THE RUSSIAN FEDERATION IN THE LIGHT OF MODERN REALITIES
The article raises the problem of the essence and nature of the right to unhindered return to the Russian Federation. The relevance of the research topic is due to the fact that this right, due to a number of factors related to the spread of COVID-19 and the conduct of a special military operation, may be subject to certain restrictions. Restrictions on the right in question may be both legal and non-legal in nature. It is established that the obstacles should be temporary and comply with the principles of expediency, necessity and reasonableness. It is proved that this right is granted only to citizens of the Russian Federation. The author comes to the conclusion that the right to unhindered return to the Russian Federation is an independent constitutional right that is part of the group of rights that constitute the right of a person and a citizen to territorial self-determination. The scientific novelty consists in the fact that the results obtained in the article show that the right to unhindered return to the Russian Federation requires further research. In particular, the procedure and mechanisms for the lawful restriction of this right need to be improved.
Keywords: freedom of movement, right to freedom of movement, right of entry, right of unhindered return to the Russian Federation.
Reference bibliographic list
1. Aleshkova I. A. On the issue of legal and non-legal grounds for restricting the right to freedom of movement // Education and Law. – 2016. – No. 7. – S. 82-85.
2. Andrianova VV Personal human rights – a legal category // Gaps in Russian legislation. – 2012. – No. 6. – S. 13-16.
3. Kudryavtseva A. V. Formation of the right to freedom of movement // Scientific notes of the Oryol State University. – 2012. – No. 1 (45). – S. 423-428.
4. Limonova N. A. Theoretical and legal approaches to understanding freedom of movement // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 3. – S. 138-144.
5. Novopavlovskaya E. E. Restriction of freedom of movement in the light of modern Russian realities: legal regulation and practice of constitutional proceedings // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (95). – S. 33-40.
6. Shapiro I. V. Constitutional rights of citizens to freedom of movement, choice of place of stay and residence, travel abroad and return: a theoretical aspect // Constitutional and municipal law. – 2009. – No. 13. – S. 8-12.
ADMINISTRATIVE LAW
ARBUZOV Andrey Ivanovich
lecturer of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
LOMAKINA Irina Gennadjevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
LYAKHOV Alexander Vasiljevich
associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation, colonel of justice
LEGAL ASPECTS OF THE EFFECTIVENESS OF PUBLIC PROCUREMENT IN THE TROOPS OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATIOn
The article discusses some organizational and legal aspects of the regulation of public procurement in the troops of the National Guard of the Russian Federation. The authors analyzed the theoretical basis of the study, which formed the basis for considering the concept of “effectiveness of public procurement”. The authors undertook a study of materials and data obtained from internal statistical sources, materials of judicial and administrative practice.
Keywords: efficiency, public procurement, costs, control, management decisions, corruption factors, procedures.
Reference bibliographic list
1. Gorohova S. S. On some legal and organizational aspects of public procurement in Russia // Legal state: theory and practice. – 2021. – No. 3 (65) – S. 72-80. DOI: 10.33184/pravgos-2021/3/6.
2. Gushchin A. Yu. Determination of efficiency and methods of its assessment in the system of state order // Fundamental research. – 2012. – No. 9 (part 1). – S. 204-208.
3. Demidenko M. V. Development of methods for assessing the effectiveness of public procurement of construction products in the context of the requirements of the contract system // Vestnik grazhdanskikh inzhenerov. – 2017. – No. 2. – P. 291-300.
4. Isaeva A. D. The principle of the effectiveness of public procurement // Bulletin of the Ivanovo State University. – Series “Natural, social sciences”. – 2020. – Issue. 1. – S. 5-9.
5. Mikhashin A. V. Civil law regulation of procurement for the state defense order: dis. … for the degree of Ph.D. legal Sciences. – Moscow, 2020. – 199 p.
6. Moroz O. N., Arbuzov A. I. Study of the effectiveness of public procurement of institutions of the National Guard troops // New reality: economics, management, social communications: materials of the All-Russian scientific and practical conference with international participation (Novosibirsk, April 23-24, 2019 g.): at 2 hours / Ministry of Science and Higher Education of the Russian Federation, Novosibirsk State Pedagogical University. – Novosibirsk: Publishing house of NGPU. – Part 1. – Scientific works of teachers, graduate students and undergraduates, 2019. – P. 149.
7. Polukarov A. V. To the question of the effectiveness of the implementation of administrative and legal means of combating corruption in the social sphere // Administrative and municipal law. – 2016. – No. 9. – P. 799-806.
8. Ponomarev A. A. Questions of theory and methodology to improve the efficiency of public procurement as a financial and economic instrument // Service in Russia and abroad. – 2021. – T. 15. – No. 5. – S. 180-189.
9. Yuzvovich L. I., Isakova N. Yu., Istomina Yu. V. et al. Public procurement system: theoretical and practical aspects: monograph / Ed. L. I. Yuzvovich, N. Yu. Isakova. – Yekaterinburg: publishing house Ural. un-ta, 2019. – 233 p.
10. Tereshchenko D.S. On new approaches to determining the effectiveness of public procurement // Financial Law. – 2018. – No. 2. – S. 20-23.
11. Shmeleva M. V. Efficiency of procurement as the most important goal of the Russian contact system // Legal paradigm. LEGAL CONCEPT. – 2018. – No. 1. – S. 79-83.
ADMINISTRATIVE LAW
BOGATYREVA Yuliya Vladimirovna
adjunct of the Academy of Management of the MIA of Russia
THE CONCEPT OF MONITORING LAW ENFORCEMENT IN THE ACTIVITIES OF INTERNAL AFFAIRS BODIES, THE LEGAL BASIS OF THE ACTIVITIES OF INTERNAL AFFAIRS BODIES TO MONITOR LAW ENFORCEMENT
Monitoring of law enforcement today is an important tool for the implementation of the study of the level of effectiveness of the use of regulations, as well as the creation of ways to improve them, which significantly helps to increase the success of the activities of the internal affairs bodies of the Russian Federation. Today there are a large number of problems, law-making errors are revealed, which complicate the application of certain normative legal acts. Here, law enforcement monitoring can be a necessary tool for searching, summarizing and monitoring the status of regulatory legal acts. Such acts can determine and improve the quality of the activities of internal affairs bodies, provided that the regulatory area is transformed and the tasks of individual law enforcement entities are changed.
Keywords: law enforcement, internal affairs bodies, law enforcement monitoring, legal monitoring, IAB, law-making.
Reference bibliographic list
1. Bogatyreva Yu. V. Law enforcement monitoring in the activities of the Internal Affairs Directorate of the Russian Federation // All-Russian Legal Forum. Collection of the All-Russian Scientific and Practical Conference. – 2022. – S. 75-81.
2. Eremin A. R. Akhmetov A. R. The concept and essence of law enforcement // Alley of Science. – 2021. – No. 1. – P. 415-419.
3. Kleimenov M. P. Ivanov E. S. Kozlovskaya M. G. Monitoring of law enforcement in Russia // Bulletin of the Omsk University. – 2017. – No. 4. – P. 123-129.
4. Metzger A. A. The concept and content of law enforcement / / Education, science, scientific personnel. – 2020. – No. 3. – P. 60-65.
5. Popovich T. V. The process of organizing legal training in the internal affairs bodies of the Russian Federation // Student Bulletin. – 2020. – No. 43. – P. 40-43.
6. Russian A. A. Butenko T. P. The concept and essence of monitoring legislation and law enforcement as an independent legal institution // Postgraduate student. – 2022. – No. 3. – P. 39-42.
7. Uvarov A. A. On the principles of law enforcement monitoring // Law enforcement monitoring. – 2022. – No. 2. – P. 92-95.
8. Khabieva Z. D. Bidova B. B. Law enforcement as a fundamental basis of the law enforcement legal process // Bulletin of the Vladimir Law Institute. – 2022. – No. 1. – P. 158-162.
9. Khabieva ZD Doctrinal understanding of law enforcement as the basis of the jurisdictional process // Agrarian and land law. – 2022. – No. 6. – P. 41-43.
ADMINISTRATIVE LAW
VOLKOV Vyacheslav Yurjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KHOLETSKAYA Angelina Yurjevna
student of the 4th course of the Crimean branch of the Russian State University of Justice
MITKEVICH Viktoriya Nikolaevna
student of the 3rd course of the Crimean branch of the Russian State University of Justice
PROHIBITION OF ACCOUNTS IN A FOREIGN BANK FOR MUNICIPAL EMPLOYEES
The article examines the expediency of introducing a ban on having a foreign bank account for municipal employees. Despite the specificity of corruption actions at the level of local self-government, associated with a less pronounced system of separation of powers than at the level of public administration, the powers of municipal employees, scaled by the systematic expansion of the revenue base of municipal budgets and increased investment in Russian regions, are wide enough to commit corruption offenses. In these conditions, the most important tool for preventing corrupt behavior on the part of municipal employees is a ban on having an account with a foreign bank.
Keywords: foreign accounts, ban, municipal employees, corruption, corrupt behavior.
Reference bibliographic list
1. Roy O. M. Corruption in local governments // Actual problems of scientific support of the state policy of the Russian Federation in the field of combating corruption. – 2021. – No. 4. – P. 90-100.
2. Vyrleeva-Balaeva O. S. Financial and legal prohibitions and features of their implementation // Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. – 2017. – No. 33. – P. 12-15. – EDN YTCWOZ.
ADMINISTRATIVE LAW
KRASNOVA Elena Mikhailovna
employee of the information center Transport Departments of the MIA of Russia in the Central Federal District, Moscow
THE JURISDICTIONAL POWERS OF POLICE OFFICIALS IN THE PROCEEDINGS ON ADMINISTRATIVE OFFENSES AND THEIR CLASSIFICATION
When establishing the competence of a particular executive authority, the state authorizes it to perform certain actions, fixing it by law. The author clarifies the concepts of “jurisdiction”, “powers”, “competence” and their relationship, since the terms are closely interrelated in administrative science and other branches of law; reveals the essence of the concept of the jurisdictional powers of a police official, the totality of powers, rights, duties of an official in the conduct of proceedings on administrative offenses; suggests their classification according to different criteria, depending on the purpose, goals and objectives, as well as on the form of implementation.
Keywords: jurisdiction; internal affairs bodies (police); police officials; administrative and judicial powers; competence; proceedings in cases of administrative offenses, rights and obligations, criteria, classification.
Reference bibliographic list
1. Yakimov A. Yu. Subjects of administrative jurisdiction (legal status and its implementation) – M., 1996. – P. 7.
2. Yakimov A. Yu. The status of the subject of administrative jurisdiction and the problems of its implementation – M., 1999. – 200 p.
3. Golovko VV The concept and signs of administrative jurisdiction // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (55). – S. 60.
4. Krasnova E. M. On the concept and essence of the administrative and jurisdictional powers of a police officer // Eurasian legal journal. – 2021. – No. 7 (158). – S. 234.
5. Federal Law of December 30, 2001 No. 195-FZ “Code of the Russian Federation on Administrative Offenses” (as amended on September 24, 2022). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08.11.2022).
6. Decree of the President of the Russian Federation of December 21, 2016 N 699 (as amended on September 30, 2022) “On approval of the Regulations on the Ministry of Internal Affairs of the Russian Federation and the Model Regulations on the territorial body of the Ministry of Internal Affairs of the Russian Federation for the subject of the Russian Federation” exercises other powers in the field internal affairs in accordance with federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation.). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08.11.2022).
7. Soldatov A.P. On a new approach to determining the powers of internal affairs bodies (police) to consider cases of administrative offenses // Legal Bulletin of the Kuban State University. – 2020. – No. 3. – P. 90-93.
8. Denisenko VV Comment to the Code of the Russian Federation on administrative offenses: general provisions. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2015. – 176 p.
9. Federal Law of February 7, 2011 No. 3-FZ (as amended on April 5, 2020) “On the Police” // Collection of Legislation of the Russian Federation. – 2011. – No. 7. – Art. 900.
10. Order of the Ministry of Internal Affairs of Russia dated August 30, 2017 No. 685 “On officials of the system of the Ministry of Internal Affairs of the Russian Federation authorized to write protocols on administrative offenses and carry out administrative detention”. [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 21.10.2022).
11. Galagan I. A. Administrative responsibility in the USSR (procedural regulation). – Voronezh: VGU, 1978. – P. 34.
12. Law of the Russian Federation Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the Status of Judges in the Russian Federation” (as amended on April 16, 2022). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 06.10.2022).
13. Federal Law No. 440-FZ of December 22, 2020 “On Amendments to the Federal Law “On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation”. [Electronic resource]. – Access mode: ATP “ConsultantPlus” ( date of access: 21.10.2022).
14. Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees of Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (as amended on June 28, 2022). [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 21.10.2022).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer in Administrative and financial law sub-faculty of the Dagestan State University
THE PLACE AND ROLE OF MAGISTRATES’ COURTS IN THE MECHANISM OF REALIZATION OF CITIZENS’ RIGHTS IN THE RUSSIAN FEDERATION
The article discusses the role and place of magistrates in protecting the rights of citizens in our country. It is said that the organization of their activities is regulated on an equal basis with federal and regional legislation. The problems of organizational support are listed. It is emphasized that today it is possible to note an increase in the number of proceedings on administrative offenses, in connection with which a large burden falls on magistrates. It seems necessary to determine the upper limit of the workload of magistrates, which should not be exceeded. Examples from judicial practice are given. It is concluded that the magistrates’ courts play an important role in the mechanism of realization of citizens’ rights, bringing the courts closer to the local population, and thereby facilitating citizens’ access to justice.
Keywords: magistrates’ courts, citizens’ rights, Russian Federation, judicial system, administrative offenses, local population.
Reference bibliographic list
1. Verbitskaya L. Conditions are being created for the successful work of justices of the peace // Russian justice. – 2015. – No. 5. – S. 19-20.
2. Kainova Yu. V., Salnikov S. P. Theoretical and legal criteria for evaluating the effectiveness of the institute of magistrates in the consideration of cases of administrative offenses // Legal science: history and modernity. – 2020. – No. 2. – P. 152-160.
3. Musina M. M. Modern problems of organizing the activities of justices of the peace in the Russian Federation // Feather of Science. – 2022. – No. 47. – P. 11-13.
4. Ochirgaryaeva I. K. on the issue of some legal and organizational problems of the activities of justices of the peace in the Russian Federation // Law and State: Theory and Practice. – 2020. – No. 11 (191). – S. 165-168.
5. Rud N. I. Features of proceedings in cases of administrative offenses by justices of the peace // Questions of Russian and international law. – 2022. -T. 12. – No. 3A. – S. 246-251.
6. Stepanova K. N. Actual problems of the development of the institute of justices of the peace in the Russian Federation // Humanitarian Scientific Bulletin. – 2021. – No. 9. – P. 107-114.
7. Stepanova KN Problems of improving the legislation on magistrates in the Russian Federation // Naukosphere. – 2021. – No. 9-1. – S. 195-201.
8. Tsipy D.V. The place of the justice of the peace in the judicial system of the Russian Federation // Skif. Issues of student science. -2021. – No. 1 (53). – S. 142-145.
ADMINISTRATIVE LAW
KOVALISHINA Kseniya Viktorovna
student of the Crimean branch of the Russian State University of Justice
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
MIGRATION ACCOUNTING IN THE SYSTEM OF MIGRATION RELATIONS: THEORETICAL ASPECT
The article examines the existing problems of defining the concept and essence of migration legal relations, reveals their structure and features. Based on the analysis, the authors proposed the author’s definition of the categories “migration legal relations” and “migration accounting” from the point of view of the theory of the system. The place of migration registration in the system of migration legal relations is determined.
Keywords: migration; migration legal relations; the system of migration legal relations; migration accounting.
Reference bibliographic list
1. Evsikova E. V. Some issues of ensuring and protecting human rights in administrative and tort relations in the field of migration offenses // Ocean Management. – 2022. – No. 1 (15). – P. 11-16.
2. Kapranova Yu. V., Ponezhina L. Yu. Legal regulation of migration processes: textbook. – Rostov-on-Don, 20 nineteen.
3. Kapranova Yu. V., Kapranov A. V. Migration as a globalization process: history and modernity // Actual problems of migration processes: collection of materials of the International Scientific and Practical Conference. – 2019. – S. 44-50.
4. Kapranova Yu.V. Constitutional and Legal Institute of Citizens’ Appeals: Separate Issues of Theory // Yurist-Pravoved. – 2018. – No. 2 (85). – S. 158-164.
5. Kapranova Yu.V., Tuzov A.I. Prevention of offenses in the field of labor migration: the content and problems of improvement // Yurist-Pravoved. – 2020. – No. 2 (93). – S. 192-198.
6. Trifonova K. V., Trifonov S. G. Institutional and legal support of migration security // Eurasian legal journal. – 2022. – No. 4 (167). – S. 147-149.
7. Trifonova K. V., Trifonov S. G. The institution of migration amnesty as one of the legal means of modern migration policy in the context of the COVID-19 coronavirus pandemic // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 140-142.
8. Zherebtsov A. N. The concept of administrative and legal regulation of migration relations in the Russian Federation (a comprehensive analysis of theory and practice): abstract of dis. … doc. legal Sciences. – Moscow, 2009
9. Plotnikov R. V. Migration legal relations: social and legal aspects // Bulletin of the South Ural State University. Series: Law. – 2012. – No. 20 (279). – S. 100-105.
10. Lyalyakin Yu. A. Constitutional and legal framework for the regulation of migration relations in the Russian Federation: author. dis. … cand. legal Sciences. 12.00.02. Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2007. – 28 p.
11. Ermashov DV Mechanism of legal regulation of migration relations: theoretical aspect: author. dis. … cand. legal Sciences 12.00.01. Non-state educational institution of higher professional education “Russian Academy of Advocacy and Notaries”. – Moscow, 2011. – 33 p.
12. Suyunchalieva O. T. Migration legal relations: concept, structure, subjects and development models // Almanac of modern science and education. – Tambov: Diploma, 2012. – No. 6 (61). – S. 151-154.
13. Methodology and methods of studying migration processes: Interdisciplinary textbook. Benefit. Ed. Zh. Zayonchkovskaya, I. Molodikova, V. Mukomel. – Moscow, 2007. – 370 p.
14. Popova S. M. — Digitalization of the migration sphere in Russia: state and prospects // Law and Politics. – 2021. – No. 9. – P. 118-132.
ADMINISTRATIVE LAW
LENSKY Vladimir Mikhaylovich
Ph.D. in Law, associate professor of Administrative law and administrative activity sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
KOCHKAREV Arkadiy Ivanovich
Ph.D. in Law, associate professor of Administrative law and administrative activity sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
DEBATING QUESTIONS ABOUT THE CONCEPT AND NATURE OF ADMINISTRATIVE SUPERVISION ESTABLISHED FOR PERSONS RELEASED FROM PLACES OF DEPRIVATION OF LIBERTY
This article discusses debatable questions about the concept and nature of administrative supervision established for persons released from places of deprivation of liberty.
The authors substantiate the multidimensional nature of administrative supervision over persons released from places of deprivation of liberty, classify its essence, define normatively established tasks, and confirm its complex nature as an intersectoral legal institution.
The study made it possible to formulate the author’s definition of an institution that regulates administrative supervision established in relation to persons released from places of deprivation of liberty.
Keywords: administrative supervision, social prevention, crime prevention function, dual nature of administrative supervision.
Reference bibliographic list
1. Arkhipov D. N., Grishin D. A., Ponikarov V. A. Administrative supervision of persons released from places of deprivation of liberty by the police and institutions of the penitentiary system of Russia: Monograph. – Ryazan: Ryazan branch of the Moscow State University of the Ministry of Internal Affairs of Russia, 2011. – P. 22.
2. Bavsun M. V., Karpov K. N. Control over the behavior of persons convicted on probation or released from punishment as another measure of a criminal law nature // Penitentiary system: law, economics, management. – 2010. – No. 3. – S. 9-10.
3. Bagriy-Shakhmatov L. V. Criminal liability and punishment. – Minsk: Higher School, 1976. – P. 156.
4. Bahrakh D. N. Soviet legislation on administrative responsibility [Text]: Proc. allowance / M-in higher. and avg. specialist. image. RSFSR. Perm. state un-t im. A. M. Gorky. – Perm: [b. and.], 1969. – S. 116, 149.
5. Bratus S. N. Legal responsibility and legality. – M.: Gorodets-izdat. 2001. – S. 78.
6. Breev A. V., Chistotina O. N. Administrative supervision of persons released from places of deprivation of liberty: criminological aspect: textbook. – Ryazan: Ryazan branch of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2016. – P. 17.
7. Budenko N. I. Administrative and legal position of citizens in the sphere of public order: dis. … cand. legal Sciences. – M.: MVShM of the Ministry of Internal Affairs of the USSR, 1986. – P. 79.
8. Buzina M. V., Yudina Yu. V. Administrative supervision of persons released from places of deprivation of liberty: from theory to practice // Administrative law and process. – 2017. – No. 4. – P. 44-47.
9. Gromov VG, Galkina AN Legal nature of administrative supervision // Modern law. – 2015. – No. 6. – S. 20-24.
10. Kalinina T. M. The concept and legal nature of administrative supervision // Administrative law and process. – 2013. – No. 8. – P. 44-51.
11. Martynov A. V. Administrative supervision in Russia: theoretical foundations of construction / Ed. Starilova Yu. N. – M .: Unity-Dana: law and law. 2010. – S. 27.
12. Poniatovskaya T. G. Crime prevention: security measures, administrative supervision // Criminological journal of the Baikal State University of Economics and Law. – 2013. – No. 3. – P. 100.
13. Repiev A. G., Kashkina E. V. Special principles for the implementation of administrative supervision of persons released from places of deprivation of liberty: essence, content and types // Administrative law and process. – 2019. – No. 2. – P. 61-65.
14. Smolyakov P. N. Administrative supervision of persons released from places of deprivation of liberty // Consultant Plus: [website of the reference legal system]. – [Moscow, 2022]. [Electronic resource]. – Access mode: http://www.consultant.ru, (date of access: 11/12/2022).
15. Teplyashin P. V. Administrative supervision of persons released from places of deprivation of liberty // Legality. – 2011. – No. 10. – P. 16-19.
16. Filchenko A. P. Administrative supervision of persons released from places of deprivation of liberty: legal nature and prospects for legislative regulation // Administrative law and process. – 2012. – No. 2. – S. 54-57.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KOVALISHINA Kseniya Viktorovna
student of the Crimean branch of the Russian State University of Justice
MIGRATION REGISTRATION SYSTEM IN THE RUSSIAN FEDERATION IN THE CONTEXT OF DIGITALIZATION AND ITS ELEMENTS
The article examines the concept and essence of the legal category “migration accounting”, based on the analysis of the developments of modern legal doctrine and the position of the legislator, its own definition of the legal categories “migration accounting” and “migration accounting system” ” is derived, the elements of the migration accounting system are revealed, the concept and essence of the State Information system of migration accounting is studied. Based on the analysis, the authors make their proposals.
Keywords: migration legal relations; migration accounting; migration accounting system; state migration accounting information system.
Reference bibliographic list
1. Evsikova E. V. Some issues of ensuring and protecting human rights in administrative and tort relations in the field of migration offenses // Ocean Management. – 2022. – No. 1 (15). – S. 11-16.
2. Kapranova Yu. V., Ponezhina L. Yu. Legal regulation of migration processes: textbook. – Rostov-on-Don, 2019.
3. Kapranova Yu. V., Kapranov A. V. Migration as a globalization process: history and modernity // Actual problems of migration processes: collection of materials of the International Scientific and Practical Conference. – 2019. – S. 44-50.
4. Kapranova Yu. V. Constitutional and legal institution of citizens’ appeals: separate questions of theory // Yurist-Pravoved. – 2018. – No. 2 (85). – S. 158-164.
5. Kapranova Yu. V., Tuzov A. I. Prevention of offenses in the field of labor migration: the content and problems of improvement // Yurist-Pravoved. – 2020. – No. 2 (93). – S. 192-198.
6. Trifonova K. V., Trifonov S. G. Institutional and legal support of migration security // Eurasian legal journal. – 2022. – No. 4 (167). – S. 147-149.
7. Trifonova K. V., Trifonov S. G. The institution of migration amnesty as one of the legal means of modern migration policy in the context of the COVID-19 coronavirus pandemic // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 140-142.
8. Popova S. M. Digitalization of the migration sphere in Russia: state and prospects // Law and Politics. – 2021. – No. 9. – S. 118-132.
9. Trofimova T. S. Essence and content of the migration sphere of the Russian Federation // Education. The science. Scientific personnel. – 2019. – No. 3. – S. 47-49.
10. Yurkov A. L. To the question of the purposes of immigration control // Journal of Russian law. – 2004. – No. 5. – S. 123-133.
11. Ivanova L. V. Institute of Passport Registration and Migration Registration of Citizens of the Russian Federation, Foreign Citizens and Stateless Persons in the Russian Federation: Author. dis. … cand. legal Sciences 12.00.14. – Moscow, 2009. – 28 p.
ADMINISTRATIVE LAW
SARANKINA Yuliya Aleksandrovna
Deputy Head of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FAMILY AND HOUSEHOLD DEBAUCHERY AS A FORM OF FAMILY VIOLENCE
The article is dedicated to the analysis of domestic violence, its forms. The article characterizes such a form of family violence as domestic debauchery, defines its cycles of development. On the basis of the analysis carried out, it is proposed to provide for administrative responsibility for family and household rowdy.
Keywords: administrative responsibility, rowdy, prevention, domestic violence, domestic rowdy.
Reference bibliographic list
1. Volosova N. Yu. Family (domestic) violence as an interdisciplinary problem. [Electronic resource]. – Access mode: http://www. publishing-vak.ru/file/archive-law-2017-3/27-volosova.pdf.
2. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi
?req=doc&base=LAW&n=344845&fld=134&dst=1000000001,0&rnd=0.7757159798759543#018665019203366784.
3. Hushing up the problem of domestic violence, its victims give rise to a new round of cruelty. [Electronic resource]. – Access mode: https://sb-by.turbopages.org/s/sb.by/articles/pole-bitvy-semya.html.
4. Administrative liability for domestic violence in the Republic of Belarus. [Electronic resource]. – Access mode: http://zav.minsk.gov.by/20190515-profilaktika-nasiliya-v-seme/7355-administrativnaya-otvetstvennost-za-nasilie-v-seme-v-respublike-belarus.
5. Law of the Republic of Belarus dated 04.01.2014 No. 122-Z
“On the Fundamentals of Activities for the Prevention of Offenses”. [Electronic resource]. – Access mode: https://kodeksy-by.com/zakon_rb_ob_osnovah_deyatelnosti_po_profilaktike_pravonarushenij.htm.
CIVIL LAW
AKRAMOVA Alfiya Talgatovna
Ph.D. in political science, senior lecturer in Civil law sub-faculty of the Institute of Law of the Bashkir State University
CORRELATION PROBLEM BETWEEN THE CONCEPT OF COMMERCIAL DESIGNATION AND TRADEMARK. PRACTICAL ASPECT
The article analyzes the current legal implementation of the use of commercial designation, that identify a specific entrepreneur (manufacturer, seller) in the market of goods with the same name, and the means of individualization of the seller – trademark, service mark and the company name .
The means of individualization indicated in the Civil Code of the Russian Federation, on the one hand, protects business, on the other hand, give a raise to a number of practical questions such as identity of individual means of individualization and commercial designation.
Keywords: commercial designation, trademark, means of individualization, company name, exclusive right to a commercial designation.
Article-by-article bibliographic list
1. Klochun T. G. Exclusive right to a commercial designation in the Russian Federation: Author. dis. … cand. legal Sciences: 12.00.03. M., 2007. 30 p.
2. Ozheva Z. R. Exclusive rights to a commercial designation in the business law of the Russian Federation: problems of theory and practice: dis. … cand. legal Sciences: 12.00.03; [Place of protection: Ros. state humanitarian. un-t (RGGU)]. M., 2013. 142 p.
3. Belova D. A. Legal protection of trade names and commercial designations in the Russian Federation: Author. dis. … cand. legal Sciences: 12.00.03. M., 2004. – 28 p.
4. Shishkin D. A. Civil law forms of use of company names and commercial designations: author. dis. … cand. legal Sciences: 12.00.03. Rostov-on-Don, 2010. 24 p.
5. Lupandina O. A. Features of commercial designation regulation // Modernization of Russian society and education: new economic guidelines, management strategies, law enforcement and personnel training: Proceedings of the XXI National Scientific Conference (with international participation), Taganrog, April 16-18, 2020 of the year. Taganrog: Taganrog Institute of Management and Economics, 2020. P. 506-509. EDN YDLVBF.
6. Korostelev D. V., Tarasov Yu. A. Objects of intellectual property as a means of individualization of a legal entity // Problems of development of modern society: Collection of scientific articles of the 7th All-Russian National Scientific and Practical Conference. In 5 volumes, Kursk, January 20–21, 2022 / Edited by V. M. Kuzmina. Kursk: Southwestern State University, 2022, pp. 301-305. EDN ZXSWJC.
7. Verkholetov M. A. On new possibilities of legal regulation of commercial designations. 2016. No. 2 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-novyh-vozmozhnostyah-pravovogo-regulirovaniya-kommercheskih-oboznacheniy (date of access: 06/13/2022).
8. Poleshchenkov A. V. The concept of a commercial designation // Vestnik OmGU. Series. Right. 2009. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-kommercheskogo-oboznacheniya (date of access: 06/13/2022).
9. Kalacheva T. L. Commercial designations and brand names in the civil code of the Russian Federation // Actual issues of legal science and practice in the modern worlde: Materials of the I All-Russian Scientific and Practical Conference, Khabarovsk, June 18, 2020. Khabarovsk: Pacific State University, 2020, pp. 38-42. EDN MTCLQE.
10. Svetlorusov A. A. Legal meaning of registers of commercial designations in the Russian Federation // Proceedings of the IX Congress of Young Scientists, St. Petersburg, April 15–18, 2020. St. Petersburg: ITMO University: Federal State Autonomous Educational Institution of Higher Education “National Research University ITMO”, 2021. P. 221-223. EDN MKGNTS.
11. Litvinov G. A. Legal aspects of protecting the use of means of individualization of participants in civil circulation on the Internet // Actual scientific research in the modern world. 2021. No. 6-4 (74). pp. 121-125. EDN DNSSGT.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
CIVIL AND LEGAL SUPPORT OF CERTAIN AREAS IN THE ACTIVITIES OF THE PES
This article deals with the problem of civil legal support of persons serving criminal sentences who are subjects of property and personal non-property relations and who, due to the commission of criminal acts on this ground, ended up in places of deprivation of liberty. The article discusses examples of such support, provides an approximate content of the necessary work ultimately at preventing the commission of repeated crimes in this area and introducing this category of citizens to the organization of law-abiding life in civil society.
Keywords: civil law, citizen’s right, support, employment contract, social support, convicts, penal enforcement system.
Reference bibliographic list
1. T. V. Kirillova, O. V. Kirillova, S. E. Korysheva, E. Yu. Kholopova, M. I. Kuznetsov, S. A. Luzgin, N. Yu. Konoplin, and E. O. Anan’eva, Ivanova E. K., Chemerilova I. A., Shubnikova E. G. Educational work: new directions, methods, ways of development. Collective monograph. Ulyanovsk, 2018.
2. Ananyeva E. O. Civil liability of persons convicted to criminal penalties: problems of execution of court decisions // In the collection: Crime, Punishment, Correction. Collection of abstracts of speeches and reports of the participants of the IV International Penitentiary Forum: (to the 140th anniversary of the penitentiary system of Russia and the 85th anniversary of the Academy of the Federal Penitentiary Service of Russia): in 10 vols. 2019. P. 177-181.
3. Memo for employers “Peculiarities of labor regulation of those sentenced to forced labor”. – [Electronic resource]. – Access mode: https://muob.ru/aktualno/news/novosti-poseleniy/1237120.html (date of access: 08/12/2022).
CIVIL LAW
BYCHKO Marina Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty, Head of the Basic department of legal support of business of the Institute of Law of the North-Caucasian Federal University
SAVCHENKO Oxana Nikolaevna
senior lecturer of Civil law and process sub-faculty of the Institute of Law of the North-Caucasian Federal University
“UNACCEPTABLE CONDITIONS” AND “UNFAIR CONDITIONS” IN CONTRACTS WITH CONSUMERS: THE RELATIONSHIP OF CONCEPTS
The reform of consumer legislation in the field of clarifying unacceptable conditions of consumer contracts that infringe on consumer rights is relevant and dictated by the expediency of introducing additional guarantees for the consumer as a weak party to the contract. Based on international experience and the experience of foreign countries, amended Article 16 of the Law of the Russian Federation “On Consumer Protection”, which came into force on 1.09.2022. The authors draw attention to the lack of terminological uniformity in the formulation of the title of Article 16 of the Law of the Russian Federation “On Consumer Protection”. The new definition of “unacceptable conditions” used by the Russian legislator coincides in essence with the definition of “unfair contract terms” widely used in domestic judicial practice, civil doctrine and international legislation.
Keywords: consumer; unacceptable terms of the contract, unfair terms of the contract, invalidity of the contract.
Reference bibliographic list
1. Consumer protection in the Russian Federation in 2021: State report. Moscow: Federal Service for Supervision of Consumer Rights Protection and Human Welfare. – M., 2021. – 340 p.
2. Kratenko M. V. Unfair conditions in contracts with consumers. [Electronic resource]. – Access mode: http://www.kmcon.ru/main/articles/jurist12/jurist12_3058.html.
3. Lazarev V.V. The doctrine of the implementation of decisions of the judiciary in the legislation // Journal of Russian law. – 2019.- No. 7 – S. 5-16.
4. Myagkova O. I. Unfair contract terms in Russian civil law: dis. … cand. legal Sciences: 12.00.03. – M., 2019. – 224 p.
5. Explanatory note to the draft federal law “On Amendments to Article 16 of the Law of the Russian Federation “On Protection of Consumer Rights”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/1184356- 7 (accessed 08.09.2022).
6. Decision No. 2-1081/2020 2-143/2021 2-143/2021(2-1081/2020;)~M-1063/2020 M-1063/2020 dated March 11, 2021 in case No. 2-1081 /2020. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/pxYJYWBZTG5j/ (accessed 08.09.2022).
7. Rumyantsev S. Unfair conditions in banking agreements with consumers // Economy and law. -2014. – No. 1. – S. 70-85.
8. Fogelson Yu. B. Unfair (bad faith) terms of contracts // Economy and law. -2010. – No. 10. – S. 29-55.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
PURCHASE AND SALE OF CERTAIN TYPES OF REAL ESTATE: FEATURES AND REALIZATION
Real estate has been and remains one of the main material social benefits, constantly attracting attention, provoking subjects of civil law relations to take actions aimed at obtaining real estate in ownership. In our country, issues related to the purchase and sale of real estate do not lose their relevance. That is why the real estate market is so heavily filled with cash equivalents. The article discusses the features of the contract for the sale of certain types of real estate, analyzes the fundamental aspects of the implementation of the contract, reveals its significance in the conditions of modern legal reality. The importance of further use and development of the sphere of sale and purchase of real estate in the context of the dynamic growth of a market economy is being updated.
Keywords: real estate, sale and purchase, types of real estate, features of real estate, real estate market.
Reference bibliographic list
1. Wage M. B. Features of the emergence, change and termination of the contract for the sale of land // Bulletin of the Udmurt University. Series “Economics and Law”. – 2021. – T. 31. – S. 924-928.
2. Shalaykin R. N., Kravchenko E. V. Purchase and sale agreement of an enterprise // StudNet. – 2020. – No. 12. – P. 368-378.
CIVIL LAW
MAZANAEV Murad Shabanovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
OKUNEVA Alina Valerjevna
master student of the Institute of Law of the Dagestan State University
LEGAL REGULATION OF THE LOAN AGREEMENT
The relevance of the study is due to the fact that a loan is the most characteristic, universal credit obligation that determines the most important signs and forms of lending. Loan agreements, this type of transactions, which is massive, is more common in the household area, since it does not require an indispensable written conclusion on paper between citizens
Keywords: loan agreement, borrower, loan amount, debt, overdue repayment, written form, interest.
Reference bibliographic list
1. Alekseev S. S., Alekseeva O. G., Belyaev K. P. et al. Civil law: textbook: in 2 volumes / Ed. B. M. Gongalo. 3rd ed., revised. and additional – M.: Statute, 2018.
2. Ivanova E. V. Civil law. Special part. Textbook and workshop for open source software. – M.: Yurayt, 2019.
3. Fomicheva N. V., Strokova O. G. Civil law. A common part. Textbook and workshop for bachelor’s and specialist’s degree. – M.: Yurayt, 2019.
CIVIL LAW
GRISHIN Sergey Mikhaylovich
competitor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, Lawyer, Moscow Bar Association “Intellectual Solutions”
ODINTSOV Stanislav Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DIGITAL HEALTHCARE IN THE EUROPEAN UNION: REGULATION AND DEVELOPMENT TRENDS
The article analyzes the key directions of digital healthcare development in the European Union. Special attention is paid to the history of the formation of digital healthcare, reflected in the directives of the European Council and the European Parliament, as well as various specialized programs. The key problems in the European digital healthcare infrastructure have been identified and legal solutions have been proposed.
Keywords: digital healthcare, artificial intelligence, telehealth; mobile healthcare; electronic medical records.
Reference bibliographic list
1. Directive of the European Parliament and the Council of the European Union of 09.03.2011 No. 2011/24/EU “On the rights of patients in cross-border health care.”
2. Directive 2000/31/EC of the European Parliament and of the Council of the European Union on certain legal aspects of information services in the internal market, in particular on electronic commerce (the Electronic Commerce Directive) (Together with the “Exceptions to Article 3”) (Adopted in Luxembourg on 06/08/2000). – [Electronic resource]. – Access mode: http://www.eurasiancommission.org/ru/act/texnreg/depsanmer/consumer_rights/Documents.
3. Varyushin M. S. Legal regulation of telemedicine in Russia and the EU: two steps forward and one back // Law. – 2018. – No. 1. – P. 167.
4. Odintsov S. V., Stebletsov I. V. E-health – analysis of practice, regulation and principles of functioning. – 2020. – P. 98. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/348443605_Elektronnoe_zdravoohranenie_-_analiz_praktiki_reglamentacii_i_principov_funkcionirovania.
CIVIL LAW
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, L.L.m., associate professor of the Law School of the Far Eastern Federal University
KOZLOVA Olesya Evgenjevna
magister student of the 2nd course of the Law School of the Far Eastern Federal University
PRACTICAL ASPECTS OF CRYPTO ASSETS REGULATION IN THE RUSSIAN FEDERATION
In the second part of the study, the authors analyze judicial practice and scientific literature regarding the prospects for further testing of options for legal regulation of cryptocurrencies proposed by the Central Bank and the Ministry of Finance of the Russian Federation, which occupy opposite positions in terms of the legalization of digital assets in the territory of the Russian Federation. The article considers the approach to cryptocurrency as a means of investment, a tool of speculative trading, as well as the subject and method of committing a crime. Practice-oriented signs have been identified, on the basis of which conclusions are drawn about the risks and prospects of cryptocurrency legalization in the Russian Federation at the present stage. The authors also propose the most appropriate legal regime from the point of view of financial and economic stability of the state.
Keywords: digitalization, digital currency, crypto assets, digital economy, cryptocurrency, cryptocurrency legalization, legal regime of cryptocurrency, legal regulation of cryptocurrency.
Reference bibliographic list
1. Demina A. M., Levonyan L. A. Protection of rights on a crypto exchange: the experience of the Russian Federation and Japan // Entrepreneurial Law. Appendix “Law and Business”. – No. 1. SPS “ConsultantPlus”.
2. Rubtsova A. S. Cryptocurrencies: the subject and means of committing a crime // Bulletin of the University. O. E. Kutafina (MSUA). – 2018. – No. 12. – S. 172-181.
3. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2020. – T. 24. – No. 3. – S. 673-694.
4. Frolova E. E., Ermakova E. P., Protopopova O. V. Consumer protection of digital financial services in Russia and abroad //Advances in Intelligent Systems and Computing. – 2020. – T. 1100. – S. 76-87.
5. Frolova E. E., Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // Advances in Research on Russian Business and Management. – 2022. – T. 2022. – S. 309-322
6. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital rights as a new object of civil rights: issues of substantive and procedural law // Advances in Intelligent Systems and Computing. – 2020. – T. 1100. – S. 665-673.
CIVIL LAW
OMAEVA Zarema Kurbanovna
magister student of the 3rd course of the Dagestan State University
THE CONCEPT AND FORMS OF PROTECTION OF HEREDITARY RIGHTS
In this article, the author reveals the problems of protecting inheritance rights, provides statistical data and suggests ways to solve these problems at the present stage. The features of the application of methods of protection of hereditary rights are considered. These methods of protection are implemented in protective civil relations.
Keywords: protection of the right, certificate of inheritance, objective and subjective factor, unworthy heir.
Reference bibliographic list
1. Krasheninnikov E. A. The right to protection // Methodological issues of the theory of legal relations. Abstracts of the IV regional scientific-practical conference of young scientists and specialists February 5–8, 1986 / Ed. for issue: Krasheninnikov E. A. – Yaroslavl: Publishing House of Yaroslavl. un-ta, 1986. – S. 8.
2. Gribanov V. P. Implementation and protection of civil rights. – M., “Statut”, 2000. – S. 106-108 (Classics of Russian civil law).
3. Yurchenko O. O. The right to protection and ways to protect legally protected interests in civil law. – Tver: Publisher: Tver. state un-t, 2004. – p. 35
4. Stoyakin G. Ya. Protection of the absolute subjective civil law // Civil law protection of the interests of the individual in the USSR. Interuniversity collection of scientific papers. – Sverdlovsk: Sverdl Publishing House. legal in-ta, 1977. – Issue. 53. – S. 60-67.
5. Tuntaev R. I. The system of measures to protect intellectual property rights: a general theoretical aspect // Abstract of the thesis. dis. … cand. legal Sciences. [Electronic resource]. – Access mode: http://www.dslib.net/teoria-prava/sistema-mer-zawity-prava-intellektualnoj-sobstvennosti-obweteoreticheskij-aspekt.html (Accessed: 12/20/2021).
6. Ostapyuk N. Limits of implementation and notarial protection of the hereditary rights of citizens // Civil law. – M.: Lawyer, 2006. – No. 1. – S. 20-30.
7. Zhuravleva A. A. Notarial protection of inheritance rights // Inheritance and family law: theory and law enforcement practice. Materials of the international scientific-practical conference. – Stavropol, 2015. – P. 158. – ISBN: 978-5-9296-0747-9.
CIVIL LAW
NIKITINA Anna Vasiljevna
Ph.D., associate professor, professor of Civil law sub-faculty of the Far-East branch of the Russian State University of Justice
KALENOV Sergey Evgenjevich
Ph.D. in Law, associate professor, associate professor of Public and private law sub-faculty of the Far-East Institute of Management of the RANEPA under the President of the Russian Federation
FEDERAL TERRITORY AS A SUBJECT OF CIVIL LAW: PROBLEMS OF LEGAL REGULATION
The article analyzes the current provisions of legislation regulating the civil status of the federal territory “Sirius”. The authors have identified common features and peculiarities of the federal territory in comparison with other public legal entities – subjects of civil law, as well as contradictions and gaps in civil legislation regulating the participation of the federal territory in civil turnover.
Keywords: civil legislation, public legal entities, federal territory “Sirius”, federal property, municipal property, subject of civil law.
Reference bibliographic list
1. Khadikov A. K., Novikov A. V., Slabkaya D. N. Federal territory “Sirius”. Legal structure of public law education // Theories and problems of political research. – 2020. – T. 9. – No. 6A. – S. 43-50.
2. Vinogradov VV Federal territory as a fundamentally new type of organization of public authority in the Russian Federation // Constitutional and municipal law. – 2022. – No. 1. – P. 38-39.
3. Kozhevnikov OA Debatable issues of the implementation of local self-government in the federal territory // Problems and prospects for the development of local self-government in the Russian Federation and foreign countries: a collection of materials of the All-Russian Conference with international participation. – M.: RUDN, 2021. – S. 55-63.
4. Boguslavskaya N. A. The financial basis of the federal territory “Sirius” // Eurasian legal journal. – 2022. – No. 2. – P. 237-239.
5. Kolesnikov A. V. Eclectic management of the federal territory “Sirius”: public authorities, government positions, municipal property and taxes // Municipal property: economics, law, management. – 2021. – No. 4. – Art. 27-31.
CIVIL LAW
SHAPOVAL Olga Vyacheslavovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Kuban State University
MKRTCHYAN Alina Levovna
magister student of the Master’s degree program “Civil Law” of the Kuban State University
ON THE QUESTION OF THE CONCEPT AND FEATURES OF THE LEGAL REGIME OF A LINEAR OBJECT IN THE RUSSIAN FEDERATION
The article discusses practical and theoretical problems associated with the lack of a unified concept of a linear object in the legislation of the Russian Federation. The analysis of various industry regulations regulating the legal regime of linear objects is carried out. The gaps in legislation and conflicts of court decisions on the issues of legal regulation of the creation and functioning of linear objects are considered and identified.
Keywords: real estate, linear object, land plots, legal regime.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
PROBLEMS OF DIGITALIZATION OF THE TRANSPORT INDUSTRY IN RUSSIA
The article considers the transport industry as a platform for the development and application of initiatives for the digitalization of this industry. Traffic quality control, traffic flow regulation, monitoring and predictive maintenance, as well as the establishment of the need for repairs, the introduction of mobile road services and passenger customer service today is the main goal of digitalization of this industry. However, the existing problems of introducing innovations, the settlement of which must necessarily take place in accordance with the norms of legislation, issues of financing and development of road transport not only in central Russia, but also in other cities require constant monitoring and development.
keywords: civil legislation, digital technologies, development of the transport industry, transport control, regulatory regulation.
Reference bibliographic list
1. Makhiboroda M., Ananyeva E., Doucek I. P. Changes in transport activity regulation in the context of the coronavirus pandemic // In the collection: E3S Web of Conferences. Ser. “International Scientific and Practical Conference “Development of the Agro-industrial Complex in the Context of Robotization and Digitalization of Production in Russia and Abroad”, DAIC 2020″ 2020. – P. 5006.
2. Ananyeva E. Yu. Big data for transport analytics // International forum KAZAN DIGITAL WEEK – 2020. – P. 170-177.
3. Ministry of Transport SCT. SES. Extended Passport. – [Electronic resource]. – Access mode: file:///C:/Users/Admin/Downloads/Mintrans%20SCT.%20SES.%20Extended%20passport (date of access: 09/15/2022).
4. How intelligent transport systems will change Russian cities / RBC Trends. – [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/innovation/cmrm/61ade61e9a794742054cb6d1 (date of access: 09/15/2022).
5. Ananyeva E. O., Shmaeva T. A. Man – society – state: issues of mandatory digitalization of civil society // Theory of State and Law. – 2022. – No. 1 (26). – S. 11-21.
CIVIL LAW
ASKERLY Davud Zahid Ogly
magister student of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
SOTNIKOV Denis Sergeevich
magister student of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MENSHIKOV Pavel Valentinovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
RECOGNITION OF OWNERSHIP RIGHT TO AUTHORIZED CONSTRUCTION
The article discusses the features of acquiring the right of ownership to an unauthorized construction, as well as highlights the legal aspects and the basis of such an acquisition. As a result of the study, the features of acquiring ownership of unauthorized construction were considered and highlighted, and their status was determined from the point of view of assessment and land legislation.
Keywords: law; own; ownership; real estate; property; arbitrary building.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with changes approved during the nationwide vote on 07/01/2020) // Rossiyskaya Gazeta. – 2020. – No. 144 (8198).
2. Urban Planning Code of the Russian Federation No. 190-FZ dated December 29, 2004 (as amended on July 14, 2022) (as amended and supplemented, effective from September 1, 2022) // Collected Legislation of the Russian Federation. – 2022. – No. 38. – Art. 6431.
3. Civil Code of the Russian Federation: Federal Law of November 30, 1994 No. 51-FZ: official. text as of 12/08/2020 // Collection of Legislation of the Russian Federation. – 2020. – No. 50. – Art. 8129.
4. Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended on July 14, 2022) (as amended and supplemented, effective from October 13, 2022) // Collected Legislation of the Russian Federation. – 2022. – No. 44. – Art. 7489.
5. Overview of judicial practice in cases related to unauthorized construction (approved by the Presidium of the Supreme Court of the Russian Federation on March 19, 2014) // Bulletin of the Supreme Court of the Russian Federation. – 2014. – No. 68.
6. Alekseeva E. N. Unauthorized building erected on a disputed land plot // State and prospects for the development of the state and society in the context of modernization: a dialogue between science and practice Collection of materials of the International Scientific and Practical Conference. – 2015. – S. 16-18.
7. Izvestkina K. S. Topical issues that arise in practice when recognizing the right of ownership of an unauthorized building // Bulletin of the Magistracy. – 2019. – No. 2 (17). – S. 93-96.
8. Kobylinskiy N. D. Unauthorized construction in the system of objects of civil legal relations // Actual problems of modern private law Collection of scientific and practical articles of the All-Russian scientific and practical student conference. – 2016. – S. 301-304.
9. Motlokhova E. A. Features of the legal regime of unauthorized buildings in Russian civil law // Property relations in the Russian Federation. – 2015. – No. 10 (169). – S. 25-33.
10. Rubantsova T. A. Problems of the demolition of unauthorized buildings and ways to protect the rights violated by the construction of unauthorized buildings in the Russian Federation // Legal sciences: problems and prospects Proceedings of the IV International Scientific Conference. – 2016. – S. 136-139.
11. Sidorova VN On the issue of unauthorized construction in Russian law // Private and public in real law collection of articles based on the materials of the international scientific and practical conference. – 2016. – S. 183-189.
12. Turlyuk V. M. Controversial moments of recognition of the right of ownership to unauthorized construction // Judicial practice in Western Siberia. – 2020. – T. 2. – S. 58-66.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 1st course of the Institute of Law of the Tomsk State University
INVALIDITY OF A TRANSACTION MADE FOR A PURPOSE CONTRARY TO THE RULE OF LAW OR MORALITY
Since the appearance of Article 169 of the Civil Code, it has in fact been blocked for many years due to the fact that the consequences of invalidating an anti-social transaction included the seizure of everything received or read into the possession of the state. This deprive Article 169 of the Civil Code of the Russian Federation of the development that law enforcement might have caused. In 2013, the rule of Article 169 of the Civil Code was amended and there was a need for doctrinal development and judicial clarification of the rule of Article 169 of the Civil Code in order to bring it into active use. In this connection, the question of the relevance of transactions made for purposes contrary to the rule of law or morality is relevant, since domestic law has not yet come to a definitive and unified approach to the understanding of such transactions, and judicial explanations partly repeat outdated provisions which cannot currently be applied to the rule of Article 169 of the Civil Code.
Keywords: antisocial transaction, invalid transaction, morality and the rule of law.
Reference bibliographic list
1. Wagatsuma S., Ariizum T. Civil law of Japan. K. 1. / Per. V. V. Baturenko / Ed. R. O. Khalfin. Moscow: Progress, 1983.
2. Kantorovich Ya. A. Basic ideas of civil law. Kharkov: Legal publishing house of the NKJU of the Ukrainian SSR, 1928.
3. Kohler J., Berngeft F. German civil law / Per. ed. V. M. Nechaev. St. Petersburg: Senate Printing House, 1910.
4. Morandier L. Zh. Civil law of France / Per. E. A. Fleishits. M.: Publishing house of foreign literature, 1958.
5. Pokrovsky I. A. Main problems of civil law. Petrograd: Legal book warehouse right, 1917.
6. Savate R. Theory of obligations: Legal and economic essay / Per. R. O. Khalfin. Moscow: Progress, 1972.
7. Transactions, representation, limitation period: article-by-article commentary on articles 153-208 of the Civil Code of the Russian Federation / Otv. ed. A. G. Karapetov. M.: M-Logos, 2018.
8. Zweigert K., Kötz H. Introduction to comparative law in the field of private law. T. 2. Contract, unjust enrichment, tort / Per. Yu. M. Yumashev. Moscow: International relations, 1998.
9. Schapp J. The system of German civil law / Per. S. V. Korolev, K. M. Arslanov. Moscow: International relations, 2006.
10. Enneccerus L. The course of German civil law. T. 1. Paul. T. 2. Introduction and general part / Per. I. B. Novitsky, G. N. Polyansky, V. A. Altshuler. Moscow: Publishing house of foreign literature, 1950.
11. Erlich O. Fundamentals of the sociology of law / Per. M. V. Antonova / Ed. V. G. Grafsky, Yu. I. Grevtsov. St. Petersburg: University Publishing Consortium, 2011.
CIVIL LAW
OMAEVA Zarema Kurbanovna
magister student of the 3rd course of the Dagestan State University
NOTARIZATION OF A WILL AND CONTRACTS EQUATED TO IT AS A MEANS OF PROTECTING INHERITANCE RIGHTS
In the article, the author explores topical issues of notarial activity in the field of protection of the right of inheritance of certain types of property, the rules of freedom of will, as well as types of testamentary dispositions. It is concluded that the current civil legislation enshrines the principle of universality of succession (Article 1110 of the Civil Code of the Russian Federation), according to which the property passes as a whole at the same moment. This means that the rights and obligations are transferred to the heir at the same time. The most important is the principle of freedom of will, enshrined in Article 1119 of the Civil Code of the Russian Federation, it implies that the testator makes independent decisions on the disposal of property.
Keywords: the certificate of the will, the identity of the testator, the legal capacity of the testator, the inheritance contract, the joint will of the spouses.
Reference bibliographic list
1. Kazantseva A. E. The theory of hereditary and related legal relations in the civil law of the Russian Federation: monograph. – Barnaul, 2011. – S. 18. – ISBN: 978-5-93957-450-1.
2. Pandects: General part. Translation from German. T. 1 / Dernburg G.; Ed.: Sokolovsky P.; Transl.: Von Rechenberg G. – M.: Univ. type., 1906. – 481 p.
3. Krysanova-Kirsanova I. G. Testament as the basis of inheritance in the modern civil legislation of the Russian Federation: dis. … cand. legal Sciences. – M., 2005. – S. 35
4. Makovsky A. L. How best to guarantee inheritance (norms of inheritance law in the draft Part Three of the Civil Code of the Russian Federation) // Legislation and Economics. – 1997. – No. 3-4. – S. 145-146.
5. Telyukina M. V. Commentary on Section V of the Civil Code of the Russian Federation (“Inheritance Law”) // Legislation and Economics. – M., 2002. – No. 11. – S. 4-16.
6. Konoplyannikova T. V., Shagivaleeva I. Z. Notarization of the inheritance contract as a guarantee of protection of civil rights: problematic issues // Business. Education. Right. – 2022. – No. 2 (59). – P. 150. DOI: 10.25683/VOLBI.2022.59.214.
7. Konoplyannikova T.V., Shagivaleeva I.Z. Notarization of the inheritance contract as a guarantee of protection of civil rights: problematic issues // Business. Education. Right. – 2022. – No. 2 (59). – P. 153. DOI: 10.25683/VOLBI.2022.59.214.
8. Kropocheva Yu. G. Citizens as authorized subjects of hereditary legal relations: Abstract of the thesis. dis. … cand. legal Sciences. – Tomsk, 2013. – S. 14.
9. Dolinskaya VV Inheritance law of the Russian Federation. – M.: Prior, 2002. – S. 25.
10. Ataev U. A. Conditional wills and their inadmissibility in Russian inheritance law // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. – 2013. – No. 4-2. – S. 21.
CIVIL LAW
BASHILOV Boris Igorevich
Ph.D. in Law, senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, senior partner of the law firm “Bashilov, Noskov and Partners”
OLEYNIK Anton Denisovich
student of the Institute of Law of the Peoples’ Friendship University of Russia
GENERAL QUESTIONS OF CHALLENGING SUSPICIOUS TRANSACTIONS IN BANKRUPTCY PROCEEDINGS
In the article the authors analyze the legislative provisions, scientific works related to the legal regulation of contesting transactions, in particular suspicious transactions, identify general tendencies related to the challenge of transactions on the basis of enforcement positions of judicial authorities.
Keywords: bankruptcy, challenging debtor’s transactions, suspicious transactions, court proceedings, arbitration process.
Reference bibliographic list
1. Bashilov B. I., Oleinik A. D. On the peculiarities of proving the inequivalence of counter execution when challenging transactions in the bankruptcy procedure // Eurasian Law Journal. – 2022. – No. 9. – S. 164-166.
2. Gorev S. V., Kutuzova A. S. Practical tools for assessing the cost of art objects. Series: Economics, finance and production management. 2-021. – No. 1 (47). – S. 6-13.
3. Novotolskaya O. S. Controversial issues of law enforcement practice in challenging the debtor’s transactions with unequal counter performance // State and Law. Jurisprudence / Financial law. – 2019. – S. 71-75.
4. Odintsov SV Challenging the debtor’s transactions: comparative legal aspects, doctrinal interpretation and law enforcement practice // Property relations in the Russian Federation. – 2013. – No. 12 (147). – S. 49-57.
5. Panchenko P. V., Frolova E. E. Implementation of the principle of assistance of the parties upon termination of the obligation and after termination // Gaps in Russian legislation. 2018. – No. 4. – S. 136-142.
6. Strekalovsky A. A. Determination of inequivalence in challenging the transactions of a bankrupt debtor in Russian legislation. Vestnik nauki. 2022. – No. 2 (47). – T.3. – S. 51-54.
CIVIL LAW
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
DIGITAL TRANSFORMATION OF WAYS OF NOTIFYING PARTICIPANTS OF THE PROCESS IN CIVIL PROCEEDINGS: CURRENT STATUS AND PROSPECTS
Digital technologies, as they develop, are increasingly being introduced into various spheres of society: the development of technologies improves the quality of life of both individuals and society as a whole. Modern technologies open up new horizons for improving mechanisms for ensuring the rights and freedoms of citizens, including in terms of their protection in court.
Due notice is an integral element of the right to a fair trial, enshrined in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The act of attracting a person to participate in court proceedings is the proper notification of this person about the time and place of the court session or the commission of other procedural actions. The current legal regulation imposes the obligation to send court notices to all participants in the trial on the court.
Proper notification of the participant of the process about the time and place of the court session plays a special role in the consideration of the case, since it is a necessary condition for ensuring the right to a fair trial. Improper notification deprives the parties of the guaranteed right to access to justice, which, in turn, is a significant violation of the norms of procedural law, and, of course, entails the cancellation of the court decision.
The importance of issues of proper notification of persons involved in the case predetermines the problems of methods of its notification, which are constantly being improved due to the development of information technologies. The addition of the existing procedural mechanism with new notification methods, including electronic ones, is designed to simplify the procedure for notifying participants in the process, as well as to guarantee its proper execution. Moreover, electronic notification methods, when compared with traditional notification methods, have a number of advantages, such as efficiency, cost-effectiveness and convenience. Meanwhile, there is a question of defining the boundaries of their application in the framework of legal proceedings.
Keywords: digital transformation, digitalization, law, technologies, digital technologies, notification, civil procedure.
Reference bibliographic list
1. Eliseev N. G. Notification of the defendant who is abroad // Law. – 2016. – No. 6. – P. 121-137.
2. Popova N. I. Actual problems of proper notification of participants in the arbitration process // Arbitration and civil process. – 2022. – No. 2. – P. 11-15.
3. Ivanov S. D. Improper notification of the party against which the redecision of the arbitration court: a review of the practice of arbitration courts of districts // Bulletin of economic justice of the Russian Federation. – 2019. – No. 4. – P. 181-189.
4. Afanasiev S. F., Zhirnova N. A., Filimonova M. V. Information and legal component of SMS notification of participants in civil proceedings // Court Administrator. – 2018. – No. 3. – P. 3-6.
5. Ermakova E. P., Frolova E. E. Using artificial intelligence in dispute resolution // Smart Innovation, Systems and Technologies. – 2022. – T. 254. – S. 131-142
6. Rusakova E. P., Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in Research on Russian Business and Management. – 2022. – T. 2022. – S. 191-198.
CIVIL LAW
PROSKURINA Daria Sergeevna
magister student of the Institute of Law of the Peoples’ Friendship University of Russia, laboratory assistant-researcher of Civil law and process and international private law of the Peoples’ Friendship University of Russia
LEGAL PROTECTION OF THE EXCLUSIVE RIGHT TO A TRADEMARK IN CONTEXTUAL ADVERTISING: THE CHALLENGES OF THE DIGITAL AGE
In the conditions of constantly growing competition and the development of a market economy, as a rule, there are a considerable number of economic entities on the commodity market who are not afraid to resort to illegal methods of using other people’s trademarks and the implementation of unfair competition. Due to the active introduction of digitalization into all market processes, the digital environment has become one of the convenient “guides” for such offenses. Often unscrupulous entrepreneurs intentionally use other people’s trademarks as keywords in search engines in order to use someone else’s business reputation to attract customers. The practice of considering such disputes about the protection of the exclusive right to a trademark in case of its illegal use in contextual advertising is rather ambiguous and has not been formed properly. In most cases, copyright holders find themselves in a losing situation, and unscrupulous market actors remain unpunished.
Keywords: trademark, exclusive right, contextual advertising, keywords, unfair competition.
Reference bibliographic list
1. Morgunova E. Information mediator in civil disputes about copyright protection // IS. Copyright and related rights. – 2016. – No. 1. – S. 5-12.
CIVIL LAW
Mikhail Nikolaevich KUZNETSOV
Ph.D. in Law, professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CHAN Thi Thu Zung
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DINH Thi Mi Lin
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
SOME ASPECTS OF ENVIRONMENTAL DISPUTE SETTLEMENT IN VIETNAM**
The article discusses the current issues of environmental dispute settlement within the Vietnamese legal framework and points out the superiority of arbitration over other forms of dispute resolution for environmental disputes. The aim of the study is to comprehensively analyze the applicability of arbitration to environmental dispute resolution. The research work uses synthetic scientific research methods and methods of analysis, abstraction, induction, deduction, logic and legal comparison. The authors come to the conclusion that, in general, the addition of arbitration to settle environmental disputes in the Law on Environmental Protection of Vietnam 2020 is appropriate in the context of international integration.
Keywords: arbitration, environmental arbitration, compensation for environmental damage, environmental disputes, environmental pollution.
Reference bibliographic list
1. Nguyen Trung Thang, Hoang Hong Khan, Duong Thi Phuong Anh. Research and propose a mechanism for resolving environmental disputes out of court in Vietnam // Ecological Journal. – 2015. – No. 6.
2. Asian Foundation and Institute for Natural Resources and Environment Strategy and Policy. Guidelines for resolving environmental disputes through mediation. – Hanoi, 2015. – P. 11.
3. Dao Duc Han, Trinh Tuan An. Resolution of environmental disputes through mediation: The current state of the application of legislation and recommendations for its improvement // Vietnamese magazine Laywer. – Hanoi, 2021.
4. Rusakova E. P. Some issues of resolving financial disputes by arbitration centers in the Socialist Republic of Vietnam // Eurasian Law Journal. – 2019. – No. 8 (135). – S. 29-32. – EDN MLIHUO.
5. Rusakova E. P. Legal basis of civil proceedings of the socialist Republic of Vietnam
// Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2019. – T. 23. – No. 4. – S. 586-601. – DOI 10.22363/2313-2337-2019-23-4-586-601. – EDN WHHMPU.
6. Tran Minh Nguyet, Quyen Dyin ha. The ability of local environmental police officers to resolve environmental disputes is an example from Hanoi. // Vietnam Journal of Agricultural Sciences. – Hanoi, 2016. – No. 14 (2). – S. 220-228.
7. Lauren Sun. Which is better: arbitration in Vietnam or arbitration abroad? – Lexology, 2020.
8. Dudin M. N., Frolova E. E., Artemeva Yu. A. [et al.]. Business Entities within the Agro-Industrial Sector and Present-Day Trends in “Green” Logistics in a Climate of Transformation of the World Economy / M. N. Dudin, E.
E. Frolova, Yu. A. Artemeva [et al.] // International Journal of Economic Research. – 2016. – Vol. 13. – No. 6. – P. 2379-2390. – EDN URHXZU.
9. Frolova E. E. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects / E. E. Frolova, E. P. Rusakova // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap: Institute of Scientific Communications Conference. Vol. 198. – Cham: Springer Nature, 2021. – P. 1842-1849. – DOI 10.1007/978-3-030-69415-9_203. – EDN ECWPXH.
CIVIL PROCESS
NEVEROV Vitaliy Ivanovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Samara Law Institute of the FPS of Russia
ACTUAL PROBLEMS OF THE PROSECUTOR’S PARTICIPATION IN THE CIVIL PROCESS
The presented scientific article is dedicated to topical issues of domestic civil procedure. The participation of the prosecutor in the civil process is predetermined by the need to protect the interests of an indefinite wide range of the population, the interests of society and the state, as well as a separate category of persons who cannot fully exercise their procedural rights due to age, health status or other circumstances. Taking into account the increasing economic processes in society, the role of civil law regulation is also increasing. consequently, the participation of the prosecutor as a procedural figure in the civil law sphere increases. However, in this regard, gaps are identified that are associated with the lag of legislation from changes in the economy, social sphere, technology, from the increasing number of civil processes in general, from the need for state participation in broader civil law disputes.
Keywords: civil procedure, participation of the prosecutor, the prosecutor as a participant in the civil process.
Reference bibliographic list
1. Afanasiev S. F., Borisova V. F. Some problems of the participation of the prosecutor in civil proceedings in order to protect the rights and legitimate interests of others // Laws of Russia: experience, analysis, practice. – 2012. – No. 9. – S. 46-47.
2. Sergienko A. A. Participation of the prosecutor in the consideration of civil cases by courts of general jurisdiction: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2005. – S. 11.
3. Tarabrin DV Participation of the prosecutor in civil proceedings // Russian justice. – 2017. – No. 2. – S. 54-55.
4. Filipenko S. V. Problems of preparation and implementation of the protest of the prosecutor in the implementation of supervision over the execution of laws // Russian Journal of Law. – 2014. – No. 3. – S. 128-133.
5. Yaroshenko T. V. Topical issues of the participation of the prosecutor in the civil process // Bulletin of the Baltic Federal University. I. Kant. Series: Humanities and social sciences. – 2008. – No. 9. – S. 47-54.
CIVIL PROCESS
SAKHRATULAEVA Madina Magomedovna
magister student of the Institute Law of Law of the Dagestan State University
PROCEDURAL FEATURES OF CONSIDERATION OF CLASS ACTIONS IN CIVIL PROCEEDINGS
The article discusses modern aspects of the consideration of class actions in civil proceedings. The historical and theoretical aspects of the application of class actions in modern Russian civil proceedings are studied. The problems and modern directions of development and modernization of procedural features of consideration of class actions in civil proceedings are being investigated. The main concepts, definitions and significance of class actions in civil proceedings are highlighted. It is concluded that in order to improve the mechanism for considering class actions in the Russian Federation, it is necessary to work out the rules on the jurisdiction of collective claims, change the procedure for rejecting a claim by a plaintiff representative and regulate the procedure for replacing a plaintiff representative in the Civil Procedure Code of the Russian Federation, which will allow this mechanism to work more effectively.
Keywords: lawsuit, civil process, class action, uniformity of claims, procedural status, quantitative criterion, jurisdiction, representative, group proceedings.
Reference bibliographic list
1. Alpimova A. M. Problems of applying the institute of a class action in civil proceedings // Youth – Barnaul: Proceedings of the XXIII City Scientific and Practical Conference of Young Scientists, Barnaul, November 01–30, 2021 / Ch. editor V. V. Gudkov. – Barnaul: Altai State University, 2022. – P. 1047-1048.
2. Dolganichev V. V. Class action: a comparative analysis of regulatory structuresii APC, CPC and CAS RF // Law. – 2021. – No. 2. – P. 36-45.
3. Krivova T. A. Class actions and their features in civil proceedings // Forum of Young Scientists. – 2021. – No. 1 (53). – S. 156-159.
4. Kulakova E. A. Conclusion of a settlement agreement on class actions in civil proceedings: in search of a balance of interests // Russian law online. – 2022. – No. 1. – P. 76-84.
5. Shuvalov R. R. Class action in civil proceedings: legal basis and judicial practice // Jurisprudence, state and law: current issues and modern aspects: collection of articles of the VII International scientific and practical conference, Penza, November 25, 2021. – Penza: Science and Education (IP Gulyaev G.Yu.), 2021. – P. 233-240.
6. Yarkov VV Class actions in civil proceedings: issues of law enforcement // Bulletin of the civil process. – 2021. – T. 11. – No. 5. – S. 86-106.
HOUSING LAW
YAROVOY Alexander Valerjevich
Ph.D. in Law, associate professor, Dean of the Faculty of Professional Retraining and Professional Development of the Irkutsk Law Institute (branch) of the University of the Prosecutor Office of the Russian Federation
RENTING A DWELLING: THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT OF CITIZENS TO HOUSING
The article discusses approaches to understanding the constitutional meaning of the concept of “dwelling” and its difference from the concept of “dwelling”. The analysis of the content of the constitutional right to housing is carried out the duties of public legal entities are disclosed. The criteria for distinguishing housing as an object of housing and civil relations are proposed. Practical conclusions are made about the possibility of transferring state and municipal residential premises under a commercial lease agreement.
Keywords: housing, housing, constitution, public duty, social benefit, right to housing.
Reference bibliographic list
1. Krasavchikova L. O. Personal life of citizens under the protection of the law. – M., 1983.
2. Kunitsina S. Housing funds, pressing problems / EZh-Lawyer. – 2012. – No. 40.
3. Kutafin O. E. Immunity in the constitutional law of the Russian Federation. – M., 2004.
4. Litovkin V. N. The constitutional right of Russian citizens to housing // Topical issues of Russian private law: Collection of articles dedicated to the 80th anniversary of the birth of Professor V. A. Dozortsev. – M., 2008.
FAMILY LAW
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
CHIGRINA Elena Vladimirovich
Ph.D. in economical sciences, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
SURROGATE MOTHER AS A SUBJECT OF LEGAL RELATIONS OF SURROGATE MOTHERHOOD
The article deals with issues related to the provision of surrogacy services from the perspective of the peculiarities of the legal relations arising in this case and the status of a surrogate mother. The requirements for a surrogate mother are analyzed, the risks for a woman who has expressed consent to the implantation of an embryo and carrying a child are noted. It is concluded that the legal regulation of the status of all participants in legal relations related to the realization of the right to surrogate motherhood is mandatory for the rule of law, and control over the surrogate motherhood program will avoid abuse of this right. Suggestions are made regarding the improvement of the legal status of a surrogate mother.
Keywords: family law, legal relations, surrogate motherhood, legal status of a surrogate mother.
Reference bibliographic list
1. Bimbaeva O. L. On the issue of the concept of adoption // Proceedings of the Irkutsk State Economic Academy (Baikal State University of Economics and Law). 2013. No. 5.
2. Dovnar A. N. Rights and obligations of a surrogate mother // Via scientiarum. The road of knowledge. 2017. No. 1.
3. Shabanova AS Ensuring the rights of women in the application of surrogate motherhood // Law and State: Theory and Practice. 2020. No. 7 (187).
4. Mandzhieva D.S. IVF as a medical service // International Student Scientific Bulletin. 2016. No. 6. P. 37.
5. Stepanova M. N. Health as a category of insurance business // Baikal Research Journal. 2019. Vol. 10. No. 3.
6. On the fundamentals of protecting the health of citizens in the Russian Federation (as amended and supplemented, entered into force on September 1, 2022): Federal Law of November 21, 2011 No. 323-FZ (as amended on June 11, 2022, as amended on 07/13/2022) // Rossiyskaya Gazeta. 2011. No. 263
7. Sarina K. S. Jurisdictional form of protection of the rights and interests of family members // Baikal Research Journal. 2015. Vol. 6. No. 6.
FAMILY LAW
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
CHIGRINA Elena Vladimirovna
Ph.D. in economical sciences, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
NEGATIVE SOCIAL AND LEGAL ASPECTS OF “DE FACTO MARRIAGE”
The article is devoted to the consideration of some negative aspects of the actual marital relations, the main of which is the legal insecurity of a woman. It is indicated that in our society, people who are officially married have a higher status and are more respected by people around them than people who are actually married. In contrast to the opinion of scientists who consider it necessary to change the status of an actual marriage from a purely social to a legal one, the authors conclude that at the present stage of Russian reality, legislation should not regulate actual marital relations, since this phenomenon cannot be regulated by law, because it initially ignores it.
Keywords: family law, family, marriage, actual marriage, legal relations.
Reference bibliographic list
1. Sayapina T. S. The essence of civil marriage in culture // Analytics of Culturology. – 2013. – No. 2 (26). – S. 117-121.
2. Dontsov D. A., Dontsova M. V. Fundamental functions of the family and features of family psychological counseling // Scientific research and education. – 2009. – No. 8. – S. 16-21.
3. Sarina K. S. Jurisdictional form of protection of the rights and interests of family members // Baikal Research Journal. – 2015. – V. 6, No. 6.
4. Tolstikova O. M., Kostyunina O. V. On the application of civil law to the property relations of spouses by analogy // Academic legal journal. -2022. – T. 23. No. 1. – S. 71-77.
5. Aslanyan N. P., Grigoryeva M. A. Several remarks to the discussion about the concept of legal relationship // Proceedings of the Irkutsk State Economic Academy. – 2015. – T. 25. No. 6. – S. 1091-1097.
6. Danilin V. I., Reutov S. I. Legal facts in Soviet family law – Sverdlovsk, 1989. – P. 83-95.
LABOR LAW
MAGOMEDOV Abdulkhalik Mukhtarovich
magister student of Civil law sub-faculty of the Dagestan State University
MAGOMEDOVA Aminat Gennadjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Dagestan State University
ACTUAL PROBLEMS OF SPECIAL DISCIPLINARY RESPONSIBILITY OF EMPLOYEES
This article deals with the problems of special disciplinary responsibility. The specific features of special disciplinary responsibility, delimiting it from general responsibility, are established. The analysis of labor legislation, as well as other legislation containing norms of special disciplinary responsibility, is carried out on the example of prosecutors, judges and athletes. Attention is drawn to the existing gaps in the legal regulation of special disciplinary responsibility. Judicial practice is given. It is concluded that it is necessary to improve legislation in this area.
Keywords: special disciplinary responsibility, employees of the prosecutor’s office, athletes, labor activity, judges.
Reference bibliographic list
1. Yakhina M. R. Special disciplinary responsibility: problems of modern legal regulation // Law. Journal of the Higher School of Economics. 2015. No. 2. S. 92-102.
2. Ushakov VN Special disciplinary responsibility: features of law enforcement // Bulletin of scientific thought. 2021. No. 4. P. 100-105.
3. Larkova OA Topical issues of special disciplinary responsibility of a judge as a bearer of judicial power // Issues of productive interaction in the process of knowledge exchange: a collection of scientific papers. Kazan, 2021, pp. 34-37.
4. Ryumin A. R. On the issue of special disciplinary responsibility of athletes // Colloquium-Journal. 2019. No. 10-10 (34). pp. 82-83.
5. Geikhman VL Dmitrieva IK Labor law: a textbook for universities. 2nd ed., revised. and additional Moscow: Yurayt, 2021.
6. Dzhemakulova A. A. Special disciplinary responsibility: problems of modern legal regulation // Innovations. The science. Education. 2020. No. 21. P. 143-146.
7. Sorokoletova M. A., Pantyukhina E. A. The concept, signs and features of the application of special disciplinary responsibility // Trends in the development of science and education. 2022. No. 86-7. pp. 140-143.
8. Elansky M. M. On the issue of the concept and types of disciplinary responsibility // Synergy of Sciences. 2020. No. 44. P. 361-367.
LABOR LAW
SARANKINA Yuliya Alexandrovna
Deputy Head of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE ROLE OF THE TRADE UNION IN THE PROTECTION OF WORKERS’ LABOR RIGHTS: HISTORY AND MODERNITY
The article is devoted to the analysis of topical issues in the field of legal regulation and the practice of providing parental leave in accordance with the labor legislation of the Russian Federation, as well as the features and limitations in the provision of parental leave to certain categories of employees (employees of the internal affairs bodies, military personnel).
Keywords: parental leave, fulfillment of official duties beyond the norm, balance of official time and rest time, rationing in official activity.
Reference bibliographic list
1. Kadeikin V. A. History of trade unions in Russia: stages, events, people. – M.: Academy of Labor and Social. relations, 1999. – 156 p.
FINANCIAL RIGHT
BOGUSLAVSKAYA Natalya Aronovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice
GOALS AND PRINCIPLES OF PROVIDING STATE LOANS BY THE RUSSIAN FEDERATION: SEPARATE ASPECTS OF LEGAL REGULATION
In the article, the author considers the role of the Russian Federation as a creditor in relations for the provision of public loans, reveals the goals and principles of the provision of public loans by the Russian Federation based on the analysis of regulatory legal acts, gives the author’s classification of the goals and principles of public credit, suggests directions for improving legislation within the framework of these relations.
Keywords: creditor, debtor, public credit, goals and principles of public credit, debt obligations.
Reference bibliographic list
1. Tsaregradskaya Yu. K. Legal regulation of the state debt of Russia as an institution in the system of financial law: Avtoref. dis. … for the competition. scientist step. doc. legal Sciences. – M., 2016. – 49 p.
2. Dolgodvorova K. V. Public debt in the Russian Federation and its role at the present stage / K. V. Dolgodvorova, E. G. Shakirova, K. A. Semenova // Young scientist. – 2017. – No. 14 (148). – S. 356-358.
3. Baranova Yu. K. Legal basis for the functioning of the state credit // Socio-economic phenomena and processes. – 2019. – T. 14. – No. 105. – S. 119-123.
4. Lozhechko AS State credits of the Russian Federation: problems of theory and practice // Finance and credit. – 2018. – T. 24. – Issue. 9. – C. 522-536.
FINANCIAL RIGHT
EREMEEV Denis Viktorovich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
IMPROVING THE LEGAL REGULATION OF INVESTMENT ACTIVITIES OF CERTAIN CATEGORIES OF CIVIL SERVANTS OF THE RUSSIAN FEDERATION
The article examines the legal framework for investment activities by public servants, including employees of the internal affairs bodies of the Russian Federation. Some legal problems of implementation of investment activity in the stock market by civil servants of the Russian Federation are considered. Some ways of improving the legislation of the Russian Federation in this area are proposed.
Keywords: investments; stock market; securities; broker; civil servants; employees of internal affairs bodies; trust management; restrictions; prohibitions; corruption.
Reference bibliographic list
1. Eremeev D. V. Some issues of improving the legal acts regulating the investment activities of employees of the internal affairs bodies of the Russian Federation // Eurasian legal journal. – 2021. – No. 10 (161). – S. 207-208.
2. The head of the supervisory board of the Moscow Exchange proposed to allow officials to invest. [Electronic resource]. – Access mode: https://quote.rbc.ru/news/article/6347c3e29a7947c7375c3132.
3. The ex-deputy chairman of the Central Bank proposed to allow officials to invest in shares. [Electronic resource]. – Access mode: https://frankrg.com/94811.
4. VTB Capital Investments launched the first mutual funds subject to restrictions for civil servants. [Electronic resource]. – Access mode: https://www.banki.ru/news/lenta/?id=10956619.
FINANCIAL RIGHT
ELYAKOV Alexander Lvovich
postgraduate student of Legal support of public finance sub-faculty of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
ECONOMIC AND LEGAL JUSTIFICATION FOR THE JOINT CREATION OF A SPECIAL ECONOMIC ZONE (SEZ) IN THE TERRITORIES OF THE RUSSIAN FEDERATION
The article presents a scientific study of the theoretical economic and legal foundations and problems of legal implementation of the creation and implementation of special economic zones in the territories of the Russian Federation, especially in the regions of the Far Eastern Federal District in modern conditions requiring sustainable economic and social development. The author examines the historical and legal experience of the phased creation of SEZs and their legislative bases in the regions of the Russian Federation and the results of their implementation in four types of SEZs. Based on the analysis of the regulatory framework for the creation and functional basis of the SEZ, shortcomings and problems in the creation of the SEZ have been identified and effective legal mechanisms for their improvement in the current legislative framework have been proposed.
Keywords: federal law, Republic of Sakha (Yakutia), municipality, legislative framework, special economic zone, creation, functioning.
Reference bibliographic list
1. Customs Code of the Russian Federation (dated June 18, 1993 No. 5221). – The original version of the Labor Code of the Russian Federation in 1993. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_624/.
2. Law of the USSR dated April 10, 1990, No. 1421-1 “On the fundamentals of economic relations of the USSR, union and autonomous republics”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=2978#appJzJTAh9NdDHPa1.
3. Law of the RSFSR of July 4, 1991 No. 1545-1 (as amended on February 10, 1999) “On Foreign Investments in the RSFSR”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_102/.
4. Federal Law No. 157-FZ dated October 13, 1995 “On the State Regulation of Foreign Trade Activities” (last edition). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_8043/.
5. Federal Law of January 22, 1996 No. 13-FZ “On the Special Economic Zone in the Kaliningrad Region”. [Electronic resource]. – Access mode: https://duma.consultant.ru/documents/1157470?items=1&page=14.
6. Federal Law of the Russian Federation of May 31, 1999 No. 104-FZ “On the Special Economic Zone in the Magadan Region”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_23257/.
7. Federal Law of July 22, 2005 No. 116-FZ “On Special Economic Zones in the Russian Federation” // Rossiyskaya Gazeta. – 2005. – No. 3831. – July 27.
8. Decree of the President of the Russian Federation of June 4, 1992 No. 548 (as amended on August 29, 2001) “On Certain Measures for the Development of Free Economic Zones (FEZs) on the Territory of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_539/.
9. Decree of the President of the USSR of October 26, 1990 No. UP-942 “On Foreign Investments in the USSR. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=3589#wTKKzJTHCa5DRg28.
10. Decree of the Supreme Council of the RSFSR dated July 14, 1990 No. 105-I “On the Basic Principles of the Foreign Economic Activity of the RSFSR. [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=29072.
11. Decree of the Supreme Council of the RSFSR dated September 13, 1990 No. 165-1 “On the Creation of Free Enterprise Zones” (repealed). [Electronic resource]. – Access mode: https://base.garant.ru/10101124/.
12. Decree of the Government of the Russian Federation of April 26, 2012 No. 398 “On approval of the criteria for the creation of a special economic zone” (as amended on July 15, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_129114/.
13. Baronov V. I. Free economic and offshore zones (economic and legal issues of foreign and Russian practice): Uch. settlement / V. I. Baronov, G. M. Kostyunina. – M.: Master: NITs INFRA-M, 2018. – 560 p.
14. Business Navigator for Special Economic Zones of Russia, 2020. Issue 4 / A. N. Andreev, M. M. Bukharova, L. V. Danilov, V. I. Zverkov, E. A. Kashinova, E. I. Kravchenko, M. A. Labudin, M. A. Makhaeva, A. V. Teleba, A. G. Shipugin, A. V. Shpilenko; editorial board: A. V. Shpilenko (responsible editor), V. I. Zverkov, A. N. Kozlovsky; Association for the Development of Clusters and Technoparks of Russia. – Moscow: AKIT RF, 2020. – 203 p.
15. Kalman Kalotay. Special Economic Zones and Investment Promotion: International Experience // MAEF-2019 Plenary Conferences. Proceedings of the VEO of Russia, vol. 218. pp. 297-307.
16. Katsman F. M. Special economic zones // Economics and Finance. Journal “Transport of the Russian Federation”. – 2007. – No. 8. – S. 22-26.
17. Nilov KN Legal regime of free (special) economic zones in Russia and Europe // Journal ALL EUROPE. – 2007.- No. 10 (15).
18. Official website of the Ministry of Economic Development of Russia. Mass media registration certificate El No. ФС77-61745 dated April 30, 2015
19. Pavlov P. V. Legal aspects and historical prerequisites for the creation of the institution of special economic zones in the Russian Federation // Russian legislation: state and problems. Journal of Russian Law. – 2008. – No. 8. – S. 49-60.
20. Plotnikova A.P. Comparative geographical characteristics of complex SEZs/SEZs in Russia and their impact on the regional economy // Economic, social and political geography. Bulletin of the Baltic Federal University. I. Kant. Ser.: Natural and medical sciences. – 2022. – No. 1. – S. 57-72.
21. Polyakova V. E., Zykova E. V. Historical and legal aspects of the development of the institution of special economic zones in the Russian Federation and foreign countries // Actual problems of jurisprudence. International scientific conference dedicated to the Day of the adoption of the Constitution of the Russian Federation. – Pskov, 2020. – S. 243-251.
INFORMATION RIGHT
ALIBEKOVA Albina Murtazalievna
magister student of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
ABDULLAEV Ramazan Mustangerovich
Lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
SOME ISSUES OF ENSURING THE INFORMATION SECURITY OF MINORS IN THE EDUCATIONAL PROCESS (ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN)
In recent decades, information and digital technologies have been actively introduced into all spheres of human activity and the field of education is no exception. Artificial intelligence, the Internet, Internet services, etc., without them, the life activity of an ordinary teenager is no longer possible. Digitalization is actively penetrating into the field of educational relations, in which the main subject is a minor citizen, since children are the most vulnerable categories of citizens, there is a need to ensure their information security in these conditions. Using the example of the Republic of Dagestan, the authors characterize a set of state measures to ensure the information security of minors.
Keywords: minors, information security, educational process, information technology, malicious information.
Reference bibliographic list
1. Sorokun P.V. Legal aspect of information security of minors in modern Russia // Modern Science. – 2021. – No. 9-1. – S. 71-75.
2. Budanov S. A., Gavrilov S. T. Information security of minors: legal aspect // Territory of science. – 2015. – No. 2. – P. 165-169.
3. Magdilova L.V. Legal basis for ensuring the information security of minors // Legal Bulletin of the Dagestan State University. – 2017. – No. 3. – S. 104-108.
4. Golubykh N. V. Potanin K. V. Prevention of the involvement of minors in the activities of destructive extremist Internet communities // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – P. 121-124.
INFORMATION RIGHT
IBRAGIMOV Ismail Narimanovich
magister student of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
MAGDILOVA Larisa Vladimirovna
Ph.D. in economical sciences, associate professor of Information law and informatics of the Institute of Law of the Dagestan State University
ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF THE PROHIBITION ON THE SALE OF ALCOHOLIC BEVERAGES VIA THE INTERNET INFORMATION AND TELECOMMUNICATIONS NETWORK
The article is devoted to the issues of bringing to administrative responsibility for the sale of alcoholic beverages in the information and communication network “Internet”. Currently, the law prohibits the sale of alcohol remotely, but law enforcement practice indicates a frequent violation of this prohibition. As a result of the analysis of the norms of the Federal Law “On Information, Information Technologies and Information Protection”, as well as regulatory legal acts in the sphere of alcohol turnover and the practice of their application, it was revealed that there is a gap in the registration of information resources that prevents the identification of their owners in case of establishing the fact of sale via the Internet of alcoholic products. In order to increase the effectiveness of measures to combat illicit trafficking in alcoholic beverages and bring to justice the perpetrators, it is proposed to make appropriate changes to the current legislation.
Keywords: alcoholic beverages; internet, website, domain name administrator; administrative responsibility.
Reference bibliographic list
1. Batov V. A. The right to information and the right to access information on the Internet: the limits of freedom and restrictions // Young researchers for the regions: materials of the International scientific conference: in 3 volumes, Vologda, April 23–24, 2019. – Vologda: Vologda State University, 2019. – P. 238-240.
2. Shevtsova A. A., Deinekina V. M. Analysis of the influence of mass media on personality // New science: From idea to result. – 2016. – No. 12-4. – S. 161-163.
3. Mugdusyan N. S. Administrative responsibility for the sale of alcoholic beverages on the Internet // Issues of sustainable development of society. – 2022. – No. 7. – P. 595-598.
4. Suponina, E. A. On the prospects of administrative responsibility for remote trade in alcoholic products. Innovatsionnaya nauka. – 2016. – No. 1-3. – S. 141-143.
INFORMATION RIGHT
SADYKOVA Amina Abdulnasirovna
magister student of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
MEDZHIDOVA Khava Saydalievna
senior lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University
TRADE SECRET AS A TYPE OF INFORMATION WITH LIMITED ACCESS: SOME ASPECTS OF CLASSIFICATION
The Constitution of the Russian Federation adopted in 1993 proclaimed Russia a democratic State governed by the rule of law, in which private, State, municipal and other forms of ownership are equally recognized and protected, as well as freedom of market relations and freedom of entrepreneurial activities are claimed. The formation of a market economic system is impossible in the absence of a sufficient regulatory framework to ensure free competition of economic entities. A trade secret is one of the tools using which business entities can increase their competitiveness, achieve production optimization, increase revenues or reduce costs. This article analyzes the concept of “trade secret” and considers some aspects of its classification.
Keywords: trade secret, restricted access information, confidentiality, trade secret regime, disclosure.
Pbibliographic list
1. Larin I.P. Analysis of the legal concept of “commercial secret” and legal significance // Issues of Russian and international law. – 2022. – T. 12. – No. 3A. – S. 45-51.
2. Morozova L. A. Constitutional regulation in the USSR. – M., 1985. – 143 p.
3. Gorlenko V. A. Regime of legal regulation (theoretical and applied aspect): author. dis. … cand. legal Sciences. – St. Petersburg, 2002. – 258 p.
4. Belyaeva G. S. The concept of a legal regime in the theory of law: basic approaches // Bulletin of the Saratov State Law Academy. – 2012. – No. 85. – S. 26-31.
5. Matuzov N. I., Malko A. V. Legal regimes: concept and types // Law and politics: modern problems of correlation and development. – Voronezh, 1996. – S. 6-29.
6. Yarkina N. A., Melnikova L. A. The concept, essence and types of trade secrets in the activities of the organization // Economics and management: challenges, problems, prospects: Collection of scientific articles based on materials of the scientific and practical conference of teachers and students, Moscow, April 24, 2020. – Moscow: Moscow Financial and Law University MFLA, 2020. – P. 655-660.
CRIMINAL LAW
ADILOV Zaur Adilovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
PROBLEMS OF CRIMINAL RESPONSIBILITY FOR A TERRORIST ACT IN THE LIGHT OF MODERN POLITICAL AND SOCIAL CHALLENGES
The article discusses some problems of legislative regulation of criminal liability for a terrorist act. The constructive features of the compositions of Article 205 of the Criminal Code of the Russian Federation have been studied and critically analyzed. The necessity of revising the main direct object of this crime is substantiated. It is proposed to limit responsibility for the threat of committing a terrorist act from its commission. The necessity to consider not only criminal actions, but also inaction as a constructive sign of the objective side of a terrorist act is argued. It is proposed to revise the objectives of committing a terrorist act in the current version of the article under study.
Keywords: criminal law, terrorism, terrorist act, public safety, management procedure, criminal act, special subject of crime, purpose of crime, unfinished crime, criminal liability, criminal punishment.
Reference bibliographic list
1. Zhukov A. Z. Modern approach to the definition of the concept of terrorism: origins and evolution // Gaps in Russian legislation. – 2018. – No. 3. – P. 85-87.
2. Ocheretnaya R. Yu. International terrorism as a threat to the world order of the future and the present // Formation of a new world order in the context of modern challenges and threats. – 2019. – S. 103-107.
CRIMINAL LAW
ALEKSEEV Artem Mikhailovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
STUDNEV Alexander Sergeevich
lecturer of Internal affairs and internal affairs sub-faculty of the Krasnodar University of the MIA of Russia
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
A PROBLEMATIC ISSUE THAT ARISES WHEN DOCUMENTING CRIMES RELATED TO BRIBERY
Bribery is the most dangerous corruption crime. Since the facts of committing bribery not only significantly violate the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state, but also significantly undermine the authority of state bodies and local governments, causing distrust of citizens in state bodies and local governments.
The facts of bribery are documented by the relevant operational units empowered to carry out operational-search activities, within the framework of operational-search activities, in accordance with the Federal Law “On operational-search activities” dated 12.08.1995 No. 144-FZ and other departmental regulatory and legal acts regulating the operational-search activity. There is no other way to document bribery.
Bribery-related crimes include: a) receiving a bribe (Article 290 of the Criminal Code of the Russian Federation); b) giving a bribe (Article 291 of the Criminal Code of the Russian Federation); c) mediation in bribery (Article 291.1 of the Criminal Code of the Russian Federation); d) petty bribery (Article 291.2 of the Criminal Code of the Russian Federation).
Keywords: crime, bribe, taking a bribe, operational units, mediation in bribery, bribe giver, bodies of the Investigative Committee of the Russian Federation, intermediary.
Reference bibliographic list
1. Muzafin R. R. The role of internal affairs bodies in counteracting corruption in Russia // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2019. – No. 1. – P. 440. – EDN DAOUXQ.
2. Federal Law of August 12, 1995 No. 144-FZ “On Investigative Activities” // Ross. gas. – 1995. – N 160.
3. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection. zak. Ros. Feder. – 1996. – No. 25. – Art. 2954.
4. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ // Ross. Gas. – 2001. – No. 249.
CRIMINAL LAW
BEDNYAGINA Yuliya Andreevna
lecturer of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
BULLYING: CRIMINAL AND CRIMINOLOGICAL ASPECTS
The conduct articles a comprehensive study of bullying as a socio-psychological phenomenon, and also analyzes the current Russian legislation for the presence of legal norms that characterize bullying.
At the same time, within the framework of the study, the author analyzes competitive opinions on the need for regulatory consolidation of the concept of “bullying”. Based on the results of the analysis, the author makes motivated proposals on the topic of the study.
Keywords: criminal law, crime, violence, bullying, cyberbullying.
Reference bibliographic list
1. Golovanova N. A. Problems of combating bullying: a legislative solution // Journal of Russian Law. – 2018. – No. 8 (260). – S. 113-123. – DOI 10.12737/art_2018_8_11. – EDN UVCPQ.
2. Volkova I. V. Characteristics of teenage bullying and its definition // Bulletin of the Minin University. – 2016. – No. 2 (15). – P. 26. – EDN WHHBFH.
3. Prystupa E. N. Social work: a dictionary of terms / Under the general. ed. auth.-stat. E. N. Seizures; per. E. N. Seizures, P. A. Stepicheva, M. S. Fironova. – Moscow: FORUM: INFRA-M, 2022. – 232 p. – ISBN 978-5-00091-764-0. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/995418.
4. Dan Olweus. Bullying at school: What we know and what we can do. – Malden: Blackwell Publishing, 1993. [Electronic resource]. – Access mode: https://archive.org/details/bullyingatschool00olwe/mode/2up.
5. Kurbenkov V. A., Novoseltsev A. Yu. Bulling in Russian schools: legal problems of prevention // Journal of Russian law. – 2020. – No. 3. – P. 95-102. – DOI 10.12737/jrl.2020.033. -EDN FJNGHR.
6. Kirillova E. A. Institute of administrative responsibility of minors in Russia: monograph. – Moscow: INFRA-M, 2022. – 183 p. — (Scientific thought). — DOI 10.12737/1383530. – ISBN 978-5-16-016924-8. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1383530.
CRIMINAL LAW
BICHENOVA Anna Rolandievna
lecturer of Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
MAXIMOVA Tatyana Alexandrovna
cadet of the 3rd year of the 2nd platoon of the private internal service of the Samara Law Institute of the FPS of Russia
CRIMES OF MINORS: CONCEPT, CAUSES AND PREVENTION
Currently, the problem of juvenile delinquency remains global. Referring to statistics, its information shows that the criminality of this category of persons has a pronounced character, since it affects not only the work of law enforcement agencies, but also the whole society. In this regard, it is necessary to understand the causes of juvenile delinquency and find ways to solve them. This article is devoted to crimes committed by minors. The concept of juvenile delinquency and the main determinants are considered, ways of solving problems are proposed, as well as prevention of juvenile delinquency.
Keywords: crimes, juvenile, determinants of crime, prevention.
Reference bibliographic list
1. Sarana V. A., Shulga A. E. Juvenile delinquency as a threat to public security in Russia // History of State and Law. – 2006. – No. 9. – S. 8-10.
2. Vasilchikova N. V., Kukharuk V. V. Criminology: lecture notes. – Yurayt-Izdat, 2009. – 114 p.
3. Crime indicators in Russia for 2019-2021 // Portal of legal statistics. – [Electronic resource]. – Access mode: http://crimestat.ru/offenses_rate.
4. Belsky A. I. Criminological characteristics of the personality of a juvenile delinquent // Russian investigator. – 2019. – No. 15. – P. 48-50.
5. Criminology: textbook / Ed. V. N. Kudryavtseva, V. E. Eminova. 5th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 800 p.
6. Yakovlev A. M. The relationship of individuals with the environment as a subject of criminological study // Soviet state and law. – 1966. – No. 2. – S. 55-63.
CRIMINAL LAW
BONDAREV Sergey Petrovich
Ph.D. in Law, Head of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KANGEZOV Marat Ruslanovich
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PROCEDURE FOR ADMISSION TO CITIZENSHIP OF THE RUSSIAN FEDERATION IN A SIMPLIFIED PROCEDURE
The political situation in the world and in Ukraine has led to the possibility of admission to the citizenship of the Russian Federation in a simplified manner for humanitarian purposes. The article is devoted to the consideration of methods and procedures for admission to citizenship under a simplified procedure, and also considers the category of citizens who have the right to acquire citizenship of the Russian Federation in a simplified manner. An analysis is given of changes in legislation in terms of improving the procedure for acquiring citizenship of the Russian Federation.
Keywords: citizenship, citizen of the Russian Federation, foreign citizen, filiation, naturalization, dual nationals, stateless persons, simplified procedure.
Reference bibliographic list
1. Decree of the President of the Russian Federation of September 30, 2022 No. 690 “On admission to the citizenship of the Russian Federation in a simplified manner of foreign citizens and stateless persons who have entered into military service contracts.” – [Electronic resource]. – Access mode: http:// www.consultant.ru/law/hotdocs/77303.html/
2. On the citizenship of the Russian Federation: Fehler. Law of May 31, 2002 No. 62-FZ: red. dated December 30, 2020 – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 07/15/2022).
3. Universal Declaration of Human Rights (adopted by the UN General Assembly on 10.12.1948). – [Electronic resource]. – Mode Access: SPS “ConsultantPlus” (date of access: 07/15/2022).
4. Dityatkovsky M. Yu., Taran N. N. Trends in acquiring citizenship of the Russian Federation // Scientific works of the Russian Academy of Advocacy and Notaries. – 2021. – No. 1 (60). – S. 18-23.
CRIMINAL LAW
ZAIDOVA Manarsha Usmakhanovna
senior lecturer of Criminal law and state and legal disciplines sub-faculty of the Faculty of Law of the Dagestan State University of National Economy
INCREASED RESPONSIBILITY FOR CERTAIN CRIMES AGAINST MILITARY SERVICE
The article deals with some of the changes that were made to the Criminal Code of the Russian Federation in connection with the mobilization announced by the President of the country. New elements of crimes are considered, which appeared in Chapter 33 of the Special Part of the Criminal Code of the Russian Federation. The author explores new qualifying features that have appeared in crimes against military service. Also analyzes and the relevance of the changes made to the criminal legislation and offers some proposals that are relevant in her opinion.
Keywords: mobilization, martial law, wartime, armed conflict, conduct of hostilities, serviceman, defense of the Fatherland.
Reference bibliographic list
1. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020).
2. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on September 24, 2022).
3. Federal Law No. 365-FZ of September 24, 2022 “On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Code of Criminal Procedure of the Russian Federation”.
4. [Electronic resource]. – Access mode: https://stykrf.ru/332.
CRIMINAL LAW
ILIKBAEVA Evgeniya Sergeevna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
ZHUK Anna Pavlovna
cadet of the 3rd course of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF CRIMINAL LIABILITY OF “ROOFERS” AND “ZATSEPERS” IN THE RUSSIAN FEDERATION
The problem of youth movements today is an urgent problem for parents, teenagers and teachers. It is in adolescence that young people are searching for themselves, and role models are chosen, life values are formed and laid. A teenager is trying to figure out who he wants to become, who he wants to be like. Due to the mass informatization of society and, as a consequence, globalization, the process of spreading propaganda of “roofing” and “hooking” has become much simpler. YouTube has become one of such platforms on the Internet, where extreme videos are available freely.
Keywords: roofing, hooking, youth subculture, criminal-legal characteristics, features of qualification of extreme hobbies.
Reference bibliographic list
1. Saranchin D. V. Involvement of minors in committing acts that pose a danger to the life of a minor (provided for in article 151.2 of the Criminal Code of the Russian Federation) // Theory of Law and Interstate Relations. – M., 2021. – No. 8 (20). – S. 195-203.
2. Zozyreva E. A. How to identify adolescents at risk // Vocational education. Capital. – 2019. – No. 10. – S. 40-41.
3. Nabatova E. A., Pyrieva E. I. Ways of committing the involvement of a minor in the commission of a crime // Criminal procedure protection of the rights and legitimate interests of minors. – 2018. – No. 1 (5). – S. 99-105.
4. Saranchin DV Problems of differentiation of responsibility for the act provided for by Article 151.2 of the Criminal Code of the Russian Federation // Legal Science and Law Enforcement Practice. – 2020. – No. 3 (53). – S. 138-146.
5. Chunin A. S. Schoolshooting Phenomenon in Modern Russia. Legal aspect. [Electronic resource]. – Access mode: http://minnats.alania.gov.ru/sites/minnats/files/media/pages/files/2021-07/NAK%20phenomenon%20schoolshooting.pdf (date of access: 09.11.2022).
6. A court in St. Petersburg banned the anime “Death Note” and “Inuyashiki”. [Electronic resource]. – Access mode: https://ria.ru/20210120/anime-1593865249.html (date of access: 11/10/2022).
CRIMINAL LAW
SYCH Konstantin Antonovich
Ph.D. in Law, professor, professor of Criminal law sub-faculty of the Academy of the FPS of Russia
SOCIAL PROTECTION MEASURES IN CONNECTION WITH THE CONCEPT OF “DANGEROUS STATE OF PERSONALITY”
The work is devoted to measures of social protection (security), which differ from punishment. The purpose of their application is a special prevention and protection against the dangerous behavior of any person, including both insane persons and those who have not reached the age of criminal responsibility. In the work, the dangerous state of the individual is considered as the basis for the application of social protection measures. Unlike punishment, which is retrospective in nature, social protection measures are directed to the future and pursue the goal of preventive action. In this sense, social protection measures sign ficantly complement the arsenal of criminal law measures.
Keywords: measures of social protection, security measures, dangerous state of the individual, punishment.
Reference bibliographic list
1. Ansel M. New social protection. – M., 1970.
2. Zhalinsky A. E. Modern German criminal law. – M., 2004.
3. Kibalnik A. G. Basic provisions of the general part of the criminal law of foreign countries. – M.: Ileksa, 2008.
4. Shestakov D. A. Russian criminal law policy from the point of view of the historical trend towards mitigation of repression // Jurisprudence. – 1998. – No. 4. – P. 154-160.
CRIMINAL LAW
ALISTANOVA Ariza Eminovna
magister student of the 2nd course of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAYOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
THE INFLUENCE OF SOCIAL ILL-BEING IN THE FAMILY ON CRIMINOGENIC SITUATIONS, ARISING IN EVERYDAY LIFE BETWEEN FAMILY MEMBERS
The article analyzes the impact of social ill-being in the family on criminogenic situations arising in everyday life between family members, analyzes the causal complex and conditions that contribute to them. The causes of violence against family members are analyzed on the basis of socio-cultural, historically established attitudes to physical punishment as a mandatory means of education, taking into account the socio-economic characteristics of the family. The study is also based on social disadvantage in the family as a factor that generates violent crime. Based on such an analysis, options for solving the problem of criminal violence in the family are given.
Keywords: domestic violence, victim behavior, violent crime, aggressive behavior.
Reference bibliographic list
1. Brief description of the state of crime in the Russian Federation for January-October 2022. – [Electronic resource]. – Access mode: https://mvd.ru/Deljatelnost/statistics/reports/item/1609734/.
2. Materials of criminal cases on violent attacks, considered by the Soviet District Court of Makhachkala. Archive of the court of the Soviet district of Makhachkala for 2021-2022.
3. Revin V. P. Modern problems of studying and organizing the fight against crimes in the spheres of family and household and youth and leisure relations. – M., 2014. – 480 p.
CRIMINAL LAW
ADILOV Zaur Adilovich
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABOUT SOME PROBLEMS OF COMPLICITY IN UNFINISHED CRIMES OF EXTREMIST AND TERRORIST NATURE
The article discusses some problems of legislative regulation of criminal liability for certain special types of complicity in unfinished crimes of extremist and terrorist nature. The constructive features of the compositions of Articles 210, 205.4 and 282.1 of the Criminal Code of the Russian Federation are critically analyzed in terms of the justification and monotony of their consolidation in the relevant norms. Some problems of the legislative technique of the presentation of these norms in the Criminal Code of the Russian Federation are highlighted. The necessity of improving the current criminal legislation providing for responsibility for the organization of the above forms of criminal complicity is substantiated.
Keywords: criminal law, criminal complicity, forms of complicity, organized group, criminal community, terrorist community, extremist community, unfinished crime, criminal liability.
Reference bibliographic list
1. Commentary on the Criminal Code of the Russian Federation [Text] / Ed. V. I. Radchenko, A. S. Mikhlin. – St. Petersburg: Piter, 2017. – 699 p.
2. Pavshukova A. Yu. Definition and classification of modern terrorism. Intergroup relations as a factor in terrorist activity // Skif. Issues of student science. – 2020. – No. 7 (47). – S. 164-167.
3. Podroykina I. A. [and others] Criminal liability and punishment: a textbook / Edited by I. A. Podroykina. 2nd ed., revised. and additional – M.: Yurayt Publishing House, 2022. – 266 p.
4. Khlebushkin A. G. Criminal extremism: concept, types, problems of criminalization and penalization [Text]: Author. dis. … cand. legal Sciences. – Saratov, 2007. – 28 p.
5. Yurchenkova AS Terrorism as one of the most dangerous threats to national security // Legal aspects of nation-building in Russia: history and modernity. Materials of the All-Russian scientific conference with international participation. – 2020. – S. 204-207.
CRIMINAL LAW
MAGOMEDALIEV Maris Zhabrailovich
magister student of the Institute of Law of the Dage Stan State University
KURBANOVA Diana Nurmagomedovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University
MODERN WAYS OF FRAUD IN RUSSIA
It is difficult to imagine the present without the use of many different high-tech devices – mobile phones, tablets, computers, plastic cards. New services and programs are constantly appearing. All of the above, of course, makes our life more convenient, but it requires certain knowledge and skills. Simultaneously with the emergence and development of such high-tech devices, new types of fraud are emerging that make it possible to illegally receive money from citizens through deceit or abuse of trust. In modern conditions of economic instability, crime in the field of information and telecommunication technologies is acquiring new directions. At the same time, the Internet is not only a convenient tool, but also a favorable environment for committing fraudulent actions against citizens.
Keywords: fraud, crime, modernity, internet, money.
Reference bibliographic list
1. Borodkina T. N., Lavlyuk A. V. Cybercrimes: the concept, content and countermeasures // Socio-political sciences. – 2018. – No. 1. – P. 135-137.
2. The number of cases of fraud has increased in Russia. [Electronic resource]. – Access mode: https://lenta.ru/news/2022/01/12/moshenniki/ (date of access: 09/30/2022).
3. Online fraud: jurisprudence and key aspects. [Electronic resource]. – Access mode: https://lenta.ru/news/2022/01/12/moshenniki/ (accessed 09/30/2022).
4. Orlovsky E. A. To the question of countering theft committed using electronic means of payment. – Text: direct // Russian justice. – 2021. – No. 6. – S. 24-26.
5. Reshnyak O. A., Kovalev S. A. Organization of the investigation of fraud committed using the Internet network at the initial and subsequent stages // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (53). – S. 106-111.
6. Smagorinsky B.P. On some actual methods of committing fraud against individuals in modern conditions // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – S. 172-178.
7. Tyunin V. I., Stepanov Yu. I. Theft from a bank account, as well as in relation to electronic money (criminalization and qualification of a crime). – Text: direct // Russian investigator. – 2021. – No. 3. – P. 41-45.
CRIMINAL LAW
MAGOMEDOVA Risalat Magdibegovna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
CORRUPTION IN THE ENVIRONMENTAL MANAGEMENT SYSTEM
The study addresses the issues of corruption offenses in the field of nature management and its impact on the environment in Russia. Statistics for recent years of environmental crimes are given, which allows comparing and analyzing the dynamics of their development. We have analyzed the problems in this area and offer some solutions to them. Corruption phenomena in the field of environmental management were substantiated by examples.
Keywords: corruption, forest area, minerals, nature management, subsoil, officials.
Reference bibliographic list
1. Burmatova O. P. Problematic aspects of the application of forestry and water legislation in Russia // Bulletin. – 2019. – S. 156.
2. Judicial practice in cases of corruption. – 2022. – P. 11-23.
3. Tabakar M. V. Countering corruption in the field of ecology // Provincial Scientific Notes. – 2018. – S. 200.
4. Federal Law No. 273-FZ dated December 25, 2008 “On Combating Corruption”.
CRIMINAL LAW
MAMONTOVA Alyona Andreevna
lecturer of Organization of execution of punishments sub-faculty of the Tomsk Institute of Advanced Training of Employees of the FPS of Russia
FEATURES OF THE APPLICATION OF THE NOTE TO ARTICLE 206 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION IN THE CONDITIONS OF HOSTAGE-TAKING IN INSTITUTIONS OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
Article 22 of the Constitution of the Russian Federation guarantees every citizen the right to freedom and personal inviolability. At the same time, according to articles 17, 18 of the Constitution of the Russian Federation, this right is inalienable, belongs to everyone from birth, has direct effect, determines the meaning, content and application of laws, as well as the activities of legislative and executive authorities, local self-government and is provided by justice.
The crime provided for in article 206 of the Criminal Code of the Russian Federation encroaches not only on the freedom of a citizen, but also on public safety, thereby increasing the public danger of the crime being committed.
Hostage-taking in the institutions of the Criminal Justice System of the Russian Federation is a rather rare socially dangerous act in the total mass of penitentiary crimes. At the same time, this year there was a fact of the commission of this crimeon the territory of the Kemerovo region – Kuzbass.
Keywords: hostage-taking; institutions of the penitentiary system; pre-trial detention center; correctional institutions; penitentiary recidivism.
Reference bibliographic list
1. Vlasenko VV Exemption from criminal liability when committing crimes against the physical freedom of a person: problems of legislative regulation and practical application // Russian judge. – 2021. – No. 6. – S. 26-33.
2. Lopina M. V. Some features of the actions of the security departments of correctional institutions to prevent hostage-taking // III International Penitentiary Forum “Crime, Punishment, Correction”: (on the 20th anniversary of the entry into force of the Penal Code of the Russian Federation). Collection of abstracts of speeches and reports of participants. In 8 volumes, Ryazan, November 21–23, 2017. Volume 7. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2017. – P. 188-190.
3. Novikov A. V. Fundamentals of penilization of hostage-taking in institutions of the penitentiary system // Organizational and legal regulation of the penitentiary system: theoretical and applied aspects: Proceedings of the interuniversity scientific and practical conference dedicated to the memory of the Honored Scientist of the RSFSR, Doctor of Law Sciences, Professor A.I. Zubkov and the Day of Russian Science, Ryazan, February 06, 2018. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service of Russia, 2018. – P. 184-189.
CRIMINAL LAW
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, Head of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ANISIMOV Anton Alexandrovich
postgraduate student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
OSKIN Evgeniy Dmitrievich
magister student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
SOME ASPECTS OF APPOINTMENT, PROCEDURES AND EXECUTION OF HOUSE ARREST IN RELATION TO SUSPECTS, ACCUSED BY ECONOMIC CRIMES
The article is dedicated to the study of an alternative preventive measure – house arrest. The authors show its prospects and significance for persons brought to criminal responsibility for economic structures. They speak out about the reasons for its cautious application by the courts. They describe in detail the procedure itself, the methods of monitoring the arrested.
Keywords: suppressive goals; fixation of finding; isolation of the subject; suspect; accused; petition.
Reference bibliographic list
1. Afanasyeva S. I., Malygin K. V. Detention for economic crimes: general principles and features of application // Perm legal almanac. – 2021. – S. 566-578.
2. Kuznetsova Yu. V. Actual problems of house arrest as a measure of restraint // Trends in the development of science and education. – 2022. – No. 83-4. – S. 30-32.
3. Sovetov A. M. The concept and place of house arrest in the Russian system of preventive measures // Bulletin of the Magistracy. – 2019. – No. 10-2 (97). – S. 83-84.
4. Bikmeev R. G., Buranov R. S. The prohibition of certain actions: the first results of the application // Criminal process. – 2019. – No. 5. – S. 56-59.
5. Shabanov V. B., Budanova L. Yu. Application of preventive measures in the form of house arrest and prohibition of certain actions: problems of implementation // Criminal executive law. – 2020. – V. 15 (1-4). – No. 1. – S. 75-78.
CRIMINAL LAW
PKHESHKHOVA Irina Muayedovna
Detective of particularly important cases, Department of Criminal Investigation for the Karachay-Cherkess Republic, adjunct of the Academy of Management of the MIA of Russia, captain of police
OBJECT AND MATTER OF THE PUBLIC DISSEMINATION OF KNOWINGLY FALSE INFORMATION (ARTICLES 207.1 AND 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
This article analyzes the generic and direct objects of crimes that provide for criminal liability for the public dissemination of knowingly false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation), as well as their mandatory and optional features, namely the matter of the crime and the victim.
Keywords: The object of the crime, the subject of the crime, the public dissemination of deliberately false information, socially significant information.
Reference bibliographic list
1. Tagantsev N. S. Russian criminal law. T. 1. – Tula, 2001. – S. 50.
2. Korzhansky N. I. object of encroachment and qualification of crimes. – Volgograd, 1976. – S. 14-16.
3. Criminal Code of the Russian Federation.
4. Korotkikh A. G. On the essence and meaning of the concepts of “public order” and “public security” // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2011. – No. 3.
5. Kuznetsova N. F. Criminal liability for violation of public order. – M., 1963. – S. 3.
6. Shamray VN Theoretical and legal support of public order and public security in modern conditions // Sociology and Law. – 2012.
7. Feder Law No. 149-FZ dated July 27, 2006 “On information, information technologies and information protection” (last edition).
8. Federal Law “On the Protection of the Population and Territories from Natural and Technogenic Emergencies” dated December 21, 1994 No. 68-FZ (last edition).
9. Susloparov A. V. Information crimes: author. dis. … cand. legal Sciences. – Krasnoyarsk, 2008. – 24 p.
10. Turyshev A. A. Information as a sign of crimes in the sphere of economic activity: author. dis. … cand. legal Sciences. – Omsk, 2006. – 19 p.
11. Bikmurzin MP Subject of crime: theoretical and legal analysis. – M.: Yurlitinform, 2006. – 184 p.
12. Minin A. Ya. Cybersecurity and protection of information systems // Law and cybersecurity. – 2013. – No. 2. – S. 28-35.
CRIMINAL LAW
NOVIKOVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
TOROPOV Sergey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
PONOMAREV Alexander Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
APPOINTMENT OF JUDICIAL EXAMINATIONS IN CASES RELATED TO THE INVESTIGATION OF CRIMES AGAINST TRAFFIC SAFETY AND OPERATION OF TRANSPORT
The article discusses the tactical basis for the appointment of forensic examinations in cases related to the investigation of crimes against traffic safety and transport operation. An analysis of typical initial data necessary for asking questions to an expert in order to conduct a qualitative study was carried out. Recommendations are given for optimizing the process of evaluating the expert’s opinion, taking into account the category of cases under consideration.
Keywords: forensic examination, appointment, research methodology, trace information, traffic accidents, problem situations, initial data.
Reference bibliographic list
1. Ignatov A. N., Toropov S. A. Tactical features of the appointment and production of expertise for crimes of a terrorist nature and extremist orientation in conditions of social tension // Humanitarian, socio-economic and social sciences. – 2022. – No. 4. – P. 118-121.
2. Toropov S. A., Safonov D. A. Tactical features of conducting individual investigative actions in the investigation of extremist and terrorist crimes committed by minors // In the book: Ensuring the mental security of youth in conditions of real threats and potential challenges. – Simferopol, 2021. – S. 157-165.
3. V. P. Bodaevsky, D. A. Zakharov, S. A. Kodintsev, M. I. Nikulin, T. Yu. Novikova, M. V. Pelenitsina, A. V. Rudenko, and N. V. Savenko, Soshina N. V., Shigonin A. B., Yatsenko A. O. Actual problems of civil, criminal and administrative proceedings. Tutorial. – Simferopol, 2021. – 150 p.
4. Suvorov Yu. B. Judicial road transport expertise. Forensic expert assessment of the actions of drivers and other persons responsible for ensuring road safety at the sites of an accident. – Textbook. allowance. – M .: Publishing house “Exam”, publishing house “Law and Law”, 2003. – 202 p.
5. Korukhov Yu. G. Transport and trasological expertise in cases of road traffic accidents (diagnostic studies) // VNII forensic examinations. – 1988. – Issue. 1. – 100 s.
6. Bilenchuk P. D. Investigation of traffic accidents. – Kyiv: RIO MVD of the Ukrainian SSR, 1989. – 240 p.
7. Rudenko A. V., Zakharov D. A. Criminal procedural responsibility for violation of the normal order of investigation of the circumstances of a criminal case // In the collection: Actual problems of criminal and criminal procedural policy of the Russian Federation. Materials of the international scientific-practical conference. – 2012. – S. 197-200.
CRIMINAL LAW
RAKHIMKULOV Roman Alekseevich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
CRIMINAL LIABILITY FOR ENCROACHMENT ON THE LIFE OF A LAW ENFORCEMENT OFFICER
Encroachment on the life of a law enforcement officer is a particularly serious crime according to the Criminal Law of our state. This is due to the special activities of such employees and the duties assigned to them by the state.
When encroaching on the life of a law enforcement officer, it affects not only the issues of life and health of these persons, but also the normal activities of the law enforcement agencies themselves as subjects of state power. In this regard, the legislator pays special attention to law enforcement officers.
We believe that the issue of criminal punishment for a crime currently committed requires additional and broader mechanisms due to the high public danger of committing a crime and the special legal status of the authorities. In this regard, in this study, the most important problematic issues related to criminal liability for the specified crime were considered and possible solutions to the identified problems were proposed.
Keywords: assault on life, law enforcement agencies, law enforcement officers, criminal liability.
Reference bibliographic list
1. Stennikova S. B. On the issue of criminal liability for encroachment on the life of a law enforcement officer // Perm period. Collection of materials of the V International scientific and sports festival of cadets and students. 2018. – S. 75-77.
2. Criminal Code of the Russian Federation: federal law: text with amendments and additions for September 24, 2022 No. 365-FZ [adopted on June 13, 1996 No. 63-FZ] // Official Internet portal of legal information. [Electronic resource]. – Access mode: www.pravo.gov.ru (Date of access: September 30, 2022)
3. Kalomen A. G. On the content of intent in the event of an encroachment on the life of a law enforcement officer // Bulletin of the Omsk Law Academy. 2018. – T. 15. – No. 3. – S. 377-381.
CRIMINAL LAW
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAB Oxana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the RANEPA under the President of the Russian Federation
ANALYSIS OF THE STATE OF THEFT OF OTHER PEOPLE’S PROPERTY IN THE ALTAI TERRITORY
The issues related to the quantitative characteristics of the most common crimes of mercenary orientation over the past ten years are being investigated.
Based on a detailed study of statistical data and sentences against persons who committed theft of other people’s property, the author comes to the conclusion that the current policy in the country aimed at countering crime in general is quite effective. However, taking into account the observed clear trend towards an increase in the number of frauds, it needs a serious adjustment in terms of focusing and concentrating increased attention on the implementation of additional measures to prevent theft committed by deception and abuse of trust.
Keywords: mercenary crime, theft, fraud, robbery, robbery, embezzlement and embezzlement, crime prevention.
Reference bibliographic list
1. Botvin I. V. On the issue of modern causes and conditions of crime in the economic sphere // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (39). – S. 170-172.
2. Botvin I. V. Features of the criminological characteristics of crimes in the sphere of the economy (based on the materials of the Altai Territory) // Criminal procedural and forensic problems in the fight against crime: Collection of articles of the interdepartmental round table, regional round table and All-Russian scientific and practical conference, Orel, 25 October 2019 29 2020. – Orel: Oryol Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2020. – S. 13-15.
3. A resident of the Altai Territory wanted to get rich on stocks and transferred 1.2 million rubles to scammers. [Electronic resource]. – Access mode: https://www.amic.ru/news/prochee/zhitel-altayskogo-kraya-hotel-razbogatet-na-akciyah-i-perevel-moshennikam-1-2-mln-rubley (date of access: 04.05 .2022).
4. Report of the Head of the Main Directorate of the Ministry of Internal Affairs of Russia for the Altai Territory, Lieutenant General of Police Podolyan Andrey Anatolyevich to the deputies of the Altai Territory Legislative Assembly on March 31, 2022. [Electronic resource]. – Access mode: https://22.mvd.rf/Dejatelnost/otchnas/ (date of access: 05/04/2022).
5. Collection for Russia “Unified Report on Crime” for January-December 2012-2021 CSI FKU “GIAC of the Ministry of Internal Affairs of Russia” [Electronic resource] // http://10.5.0.16/csi/ (date of access: 05/04/2022 ).
6. The state of crime in Russia in January-December 2021. [Electronic resource]. – Access mode: https://media.mvd.ru/files/application/2315310 (date of access: 05/04/2022).
CRIMINAL LAW
SHARIPOVA Aliya Rashitovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINALIZATION OF DISSEMINATION OF KNOWNLY FALSE INFORMATION ABOUT THE ARMED FORCES OF THE RUSSIAN FEDERATION (Article 207.3 of the Criminal Code of the Russian Federation)
The article discusses the most likely socio-political reasons for the criminalization of the dissemination of deliberately false information about the Armed Forces of the Russian Federation (Article 207.3 of the Criminal Code of the Russian Federation). The author examines in detail the composition of the new article of the Criminal Code of the Russian Federation, as well as the primary results of its enforcement. As a result, the author concludes that the criminalization of the dissemination of deliberately false information about the activities of the Armed Forces of the Russian Federation and state bodies of the Russian Federation was a response to the corresponding socio-political challenge, and law enforcement practice is currently in the process of its formation, which causes further relevance in the study of the relevant topic.
Keywords: criminalization; Criminal Code of the Russian Federation; dissemination of knowingly false information; Armed Forces of the Russian Federation; law enforcement practices; sentence.
Reference bibliographic list
1. Dubovichenko S. V., Karlov V. P. Criminal liability for the public dissemination of knowingly false information (Articles 207.1, 207.2 of the Criminal Code of the Russian Federation) // Bulletin of the Volga University. V.N. Tatishchev. – 2020. – T. 1. – No. 3 (96). – S. 154-163.
2. Egorov I. Municipal deputy Gorinov was sentenced to 7 years for fake news about the army // Rossiyskaya Gazeta Internet portal. [Electronic resource]. – Access mode: https://rg.ru/2022/07/08/reg-cfo/municipalnogo-deputata-gorinova-prigovorili-k-7-godam-za-fejki-ob-armii.html?ysclid=laknq7d1oe483033160 ( date of access: 11.11.2022)
3. Transbaikalia was the first in the country to be convicted for lying about the Armed Forces of the Russian Federation // Internet edition of INFO. [Electronic resource]. – Access mode: https://info.sibnet.ru/article/618169/?ysclid=lakmxg66im100778883 (date of access: 11/15/2022)
4. Sadykov D. I., Akhmetyanova N. A. Distribution of fake news during the COVID-19 pandemic // Colloquium-Journal. – 2020. – No. 8-3 (60). – S. 30-31.
5. Trakhov A. I., Beshukova Z. M. Dissemination of deliberately false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation): new elements of crimes with a sign of publicity // Theory and practice of social development. 2020. No. 6 (148). [Electronic resource]. – Access mode: http://teoria-practica.ru/rus/files/arhiv_zhurnala/2020/6/law/trakhov-beshukova.pdf (date of access: 11/15/2022)
CRIMINAL LAW
GAMIDOVA Tamila Timurlanovna
magister student of the Institute of Law of the Dagestan State University
PROBLEMS OF EXCEEDING THE NECESSARY DEFENSE
The article deals with some actual problems of exceeding the necessary defense, as a privileged composition of some criminals, as well as circumstances mitigating responsibility. A conclusion is made about the need to change the approach to the assessment of the object of encroachment as a criterion for exceeding the necessary defense measures. It is also proposed to introduce, at the level of law enforcement practice, criteria for distinguishing simple murder and murder in excess of the necessary defense measures.
Keywords: necessary defense, excess of necessary defense, limits of necessary defense, timelines of defense, proportionality of defense.
Reference bibliographic list
1. Alieva Z. M. Problems of exceeding the limits of necessary defense in time // Problems of Science. – 2012. – No. 3 (13). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-prevysheniya-predelov-neobhodimoy-oborony-vo-vremeni (date of access: 11/15/2022).
2. Gashimov R. R. Problems of accounting for exceeding the limits of necessary defense as a mitigating circumstance. Obrazovanie i pravo. – 2019. – No. 10. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-ucheta-prevysheniya-predelov-neobhodimoy-oborony-kak-smyagchayuschego-obstoyatelstva (date of access: 11/15/2022).
3. Kazarina M. I., Barkanov I. A. On the criteria for delimiting the necessary defense from exceeding the limits of the necessary defense // Verb of justice. – 2020. – No. 2 (24). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-kriteriyah-otgranicheniya-neobhodimoy-oborony-ot-prevysheniya-predelov-neobhodimoy-oborony (date of access: 11/15/2022).
4. Matveeva E. V. Actual problems of delimitation of murder when the limits of necessary defense are exceeded with the composition of simple murder under the Criminal Code of the Russian Federation // Symbol of Science. – 2019. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-razgranicheniya-ubiystva-pri-prevyshenii-predelov-neobhodimoy-oborony-s-sostavom-prostogo-ubiystva-po-uk-rf (date of access : 11/15/2022).
5. Savelyev I. I. Exceeding the limits of necessary defense // Symbol of science. – 2016. – No. 5-3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prevyshenie-predelov-neobhodimoy-oborony (date of access: 11/15/2022).
6. Smirnova L. N. Criminal liability in case of violation of the conditions for the legitimacy of necessary defense. Izvestiya AltGU. – 2017. – No. 6 (98). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-pri-narushenii-usloviy-pravomernosti-neobhodimoy-oborony (date of access: 11/15/2022).
7. Tatyanina A. V. Ways to solve problems arising in the implementation of the right to necessary defense. Bulletin of TIUE. – 2021. – No. 1 (33). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/puti-resheniya-problem-voznikayuschih-pri-realizatsii-prava-na-neobhodimuyu-oboronu (date of access: 11/15/2022).
CRIMINAL LAW
MAKHMUTOV Timur Aidarovich
postgraduate student of the 3rd full-time postgraduate department in the direction of “Jurisprudence”, specialization “Criminal Law and Criminology” of the Far Eastern Federal University
CRIMES AGAINST JUSTICE COMMITTED BY INTERROGATORS, INVESTIGATORS AND JUDGES AS SPECIAL TYPES OF OFFICIAL CRIMES
The article analyzes the norms of the Criminal Code of the Russian Federation and the law enforcement practice that has developed in relation to crimes against justice, the defendants of which are law enforcement officers. Due to the format of the article, the authors have not considered all the elements of the crimes mentioned. Proposals are being made to organize a more effective fight against crime in the area under consideration.
Keywords: justice, crimes, judge, preliminary investigation bodies.
Reference bibliographic list
1. Karagodin VN Situational features of the investigation of crimes against justice committed by investigators // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – M.: Jurisprudence, 2020. – S. 49-53.
2. Novikov I. A. Falsification of evidence: novelties of criminal law and qualification issues // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – M.: Jurisprudence, 2020. – S. 225-229.
3. Pleshakov A. M. Coercion to testify with the use of torture and the use of animals // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – Moscow: Jurisprudence, 2020. – P. 41-44.
4. Mironov VV On the issue of criminal liability for the illegal initiation of a criminal case // Crimes against justice committed at the pre-trial stages of criminal proceedings: a collection of scientific articles. – Moscow: Jurisprudence, 2020. – S. 261-264.
5. Sidorenko E. L. The development of scientific ideas about the consent of the victim in Russian criminal law // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 1 (12). – S. 170-179.
6. Tugutov B. A. Crimes against justice: theory and law enforcement // Siberian criminal procedure and forensic readings. – 2017. – No. 315. – S. 294-297.
7. Fung, An Dung. Crimes against justice // Young scientist. – 2020. – No. 35 (325). – S. 133-137.
CRIMINAL LAW
BOYTSOVA Anna Yurjevna
postgraduate student of Criminal law sub-faculty of the Institute of Law of the Siberian Federal University
PUBLIC DANGER AS A BASIS FOR CRIMINALIZATION OF ACTS (ON THE EXAMPLE OF PART 1 OF ARTICLE 284.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article provides a comparative analysis of Article 20.33 of the Code of Administrative Offenses of the Russian Federation and Article 284.1 of the Criminal Code of the Russian Federation, namely, objects that are infringed by an offense and a crime. Despite the similarity of objects, the author notes that the repeated commission of an offense under Article 20.33 of the Code of Administrative Offenses of the Russian Federation becomes a crime. This is due to the emerging public danger of a repeated crime. The author concludes that it is the sign of public danger that is the main condition for the criminalization of an act.
Keywords: administrative prejudice, crime, offense, public order, public safety, constitutional system, state security, public danger.
Reference bibliographic list
1. Borisov S. V. Extremist crimes: problems of legislation and law enforcement: Dis. … doc. legal Sciences. – Moscow, 2012. – S. 296.
2. Ivanov N. G. Public danger of an act as an ontological basis of criminalization: monograph. – Moscow: Prospekt, 2016. – P. 64.
3. Ivanov N. G. Public danger of an act as an ontological basis of criminalization: monograph. – Moscow: Prospekt, 2016. – P. 69.
4. Kuznetsova N. F. Crime and crime // Selected works. – SPB., 2013. – S. 70.
5. Solovyov A. N. The concept of crime: theoretical, legislative and law enforcement aspects: dis. … cand. legal Sciences. – Volgograd, 2000. – S. 99.
6. Criminal law. General part: a textbook for university students in the direction of “Jurisprudence” / A. F. Mitskevich, V. V. Pitetsky [and others]; resp. ed. A. N. Tarbagaev; Siberian Federal University [SFU]. Law Institute [YUI]. – Moscow: Prospect, 2011. – P. 100.
CRIMINAL LAW
MASHADY Dmitriy Aleksandrovich
cadet of the 3rd course of the 2nd platoon, senior sergeant of the internal service of the Samara Law Institute of the Federal Penitentiary Service
KARTASHEVA Ekaterina Viktorovna
cadet of the 3rd course of the 2nd platoon, an ordinary member of the internal service of the Samara Law Institute of the Federal Penitentiary Service
BICHENOVA Anna Rolandievna
lecturer of Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
THE DANGER OF CYBERCRIME IN MODERN RUSSIA
This article is dedicated to crimes committed using the worldwide computer network “Internet”, intendedicated for storing, processing and transmitting information, as well as other means of access to cyberspace, within computer systems or networks that are directed against computer data. The ways of committing crimes in computer information are highlighted. Criminal and legal characteristics of cybercrimes have been carried out. The main reasons for the commission of cybercrimes in the Russian Federation are considered and ways to solve them are proposed.
Keywords: cybercrime, determinants of crime.
Reference bibliographic list
1. Valeeva G. V., Berg S. A. The problem of cybercrime in the modern information society // Collection of conferences of the National Research Center Sociosphere. – 2022. – No. 3. – P. 11-13.
2. Levashova O. V., Sotnikov I. L. Cybercrime: the main directions of international cooperation and counteraction // Modern Science. – 2022. – No. 1-2. – P. 145-149.
3. Lyapin A. E. Cybercrime as a new object of statistical analysis // Statistics and Economics. – 2021. V. 18. – No. 6. – P. 4-16.
4. Mamtsov K. G., Achilov N. R. Cybercrime as a threat to national security // Young researcher of the Don. – 2022. – No. 1 (34). – S. 42-45.
5. Mogunova M. M. The concept of modern cybercrime and ways of committing financially oriented cybercrimes // Bulletin of the Omsk University. Series: Law. – 2022. T. 19. – No. 1. – P. 80-86.
6. Khalezova E. A., Smirnov V. M. Development of cybercrime in Russia // Trends in the development of science and education. – 2021. – No. 74-2. – S. 131-133.
7. Digital economy and risks of digital colonization. N. Kasperskaya, detailed abstracts of the speech at the Parliamentary hearings in the State Duma. – [Electronic resource]. – Access mode: http://narodosnova.ru/2018/04/tsifrovayakonomika-i-riskitsifrovoj-kolonizatsii.html (date of access: 03/02/2022).
8. Brief description of the state of crime in the Russian Federation for January-June 2021. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/25094008.
CRIMINAL LAW
SEMYONOV Vladimir Vladimirovich
cadet of the Prosecutorial and Investigative Faculty of the Military University
FEATURES OF CARRYING OUT OPERATIONAL INVESTIGATIVE MEASURES FOR THE DISCLOSURE AND INVESTIGATION OF CRIMES RELATED TO THE LEGALIZATION (LAUNDERING) OF CRIMINALLY OBTAINED FUNDS
This article discusses the essence of operational-search measures for the purpose of disclosing and investigating crimes provided for by articles 174 and 174.1 of the Criminal Code of the Russian Federation. The author focuses on the study of objects and documents, making inquiries, as types of operational-search activities that are most actively used in the fight against the legalization (laundering) of money obtained by criminal means. In conclusion, the publication proposes a set of legislative and organizational measures, including the creation of an Interdepartmental Commission on Combating the Legalization (Laundering) of Money Produced by Crime and the introduction of criminal liability for failure to report planned or ongoing crimes that are aimed at legalizing (laundering) money obtained by criminal means.
Keywords: money laundering, money laundering, criminal way, operational investigative measures, economy.
Reference bibliographic list
1. Criminal case No. 1-29/2021 // Prikubansky District City Court of Krasnodar.
2. Criminal case No. 1-700/2015 // Levoberezhny District Court of Voronezh.
CRIMINAL LAW
CHALAEV Murad Alievich
student of the Academy of Management of the MIA of Russia
ON THE ISSUE OF CRIMINAL POLICY DURING THE PANDEMIC
This article provides a detailed analysis of the criminal policy pursued by the state during the pandemic aimed at combating criminal threats to national and public security. In the work, the author studied the changes made to the Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation, on the basis of which conclusions were drawn about the main features of the criminal policy implemented during this period.
Keywords: criminal policy, article, Criminal Code of the Russian Federation.
Reference bibliographic list
1. Modern criminal policy: the search for an optimal model: Proceedings of the VII Congress of Criminal Law (May 31 – June 1, 2012). – M.: Prospekt, 2012. – S. 664.
2. Golikova A. V., Kovlagina D. A., Ponomarenko E. V. Pandemic crisis and criminal policy: expert assessment of legislative innovations // Bulletin of the Saratov State Law Academy. – 2021. – No. 4 (141). – S. 124.
3. Baal N. B. Extremism as a threat to the national security of the state // Russian investigator. – 2020. – No. 12. – S. 47.
4. Lopashenko N. A. Compositions of crimes with administrative prejudice – “friends among strangers”? // Russian investigator. – 2022. – No. 5. – S. 52.
5. Skripchenko N. Yu. Criminal liability for the illegal implementation of activities to provide consumer loans (loans): analysis of legislative novels // Banking law. – 2022. – No. 1.- S. 74.
CRIMINAL LAW
YAKHYAEV Magomedsalam Yusupovich
magister student of the 2nd course of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MAGDILOV Nurmagomed Magomedovich
lecturer of Criminal process sub-faculty of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
OFFICIAL CRIME OF EMPLOYEES OF THE FISCAL SERVICE AND THE MAIN DIRECTIONS FOR THEIR PREVENTION
The article provides a comprehensive analysis of official crimes committed by employees of tax authorities, identifies their causes, and develops possible methods of counteraction. Criminal law interference in the activities to ensure the optimal development of tax processes is increasingly used in many countries of the world. At the same time, the volume of crime in the tax system is constantly growing, and the problems of combating it are becoming more complicated.
Keywords: official crimes, tax authorities, tax crimes, prevention.
Reference bibliographic list
1. Grigoriev VN The concept of an official in criminal law. – Yekaterinburg, 2011. – 350 p.
2. Statistics and analytics: statistics for 2019-2021 // Official site of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: http://mvd.ru/Deljatelnost/statistics/reports (date of access: 10.10.2022).
3. Ivanov M. G. Service and economic crime: criminological and criminal law aspects. – Nizhny Novgorod, 2012. – 270 p.
4. Revyakin MN Criminal law and criminological measures to counteract crimes committed by officials. – Rostov-on-Don, 2014. – 378 p.
CRIMINAL PROCESS
ALYMOV Dmitriy Vladimirovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Southwest State University, Kursk
LYASKOVETS Andrey Vladimirovich
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Southwest State University, Kursk
ANALYSIS OF PROBLEMATIC ASPECTS OF PRESENTATION TACTICS FOR IDENTIFICATION
The article is dedicated to the analysis of the most problematic aspects of the tactics of production of presentation for identification.
The main directions of improving the tactics of presentation for identification are proposed, taking into account the practice of previous years, as well as relying on modern scientific achievements and socio-legal realities.
The article analyzes various scientific approaches to the formation of tactical and forensic means and methods of production of presentation for identification, taking into account the characteristics of identifiable objects, as well as the significance of information about them, based on the circumstances to be established during the investigation of a criminal case.
The authors are convinced that the development of scientific and practical bases of the tactics of presentation for identification contributes to a clear understanding of the essence of this investigative action, as well as the significance of its conduct in order to obtain high-quality criminalistically significant information for solving general and particular investigation tasks.
Keywords: identification, presentation for identification, identity, forensic tactics, tactical technique.
Reference bibliographic list
1. Makhlis M. A. Presentation tactics for the identification of living persons: problems and ways to solve them // Scientific almanac. 2015. No. 11-4 (13). pp. 476-480.
2. Fedoseev K. V., Malyutina. Tactics of presentation for identification, investigative experiment and verification of testimony on the spot. Features of conducting in the conditions of the penal system // Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. 2019. No. 3 (34). pp. 69-72.
3. Matveychev Yu. A. Objects and purpose of presentation for identification: debatable issues in the criminal process and criminalistics // Bulletin of the Polotsk State University. Series D. Economic and legal sciences. 2017. No. 14. P. 164-166.
4. Shikanov V. I. Theoretical foundations of tactical operations in the investigation of crimes. Irkutsk: Publishing House of Irkutsk University, 1983. 200 p.
5. Sokolova O. A. Use of diagnostic information during examination and presentation for identification of living people and corpses // Lex Russica (Russian law). 2015. V. 102. No. 5. S. 75-84.
6. Ginzburg A.Ya. Tactics of presentation for identification. M.: “Legal Literature”, 1971. 63 p.
7. Baryshnikov K. V. Chervyakov M. E. Tactical features of presenting a corpse for identification // Epoch of Science. 2018. No. 15. S. 6-9.
8. Buryka D. A. Legal, organizational and tactical bases of presentation for identification: dis. … cand. legal nauk., M.: Moscow University of the Ministry of Internal Affairs of Russia, 2005. 235 p.
9. Tsvetkov P.P. Presentation for identification in the Soviet criminal process see. Leningrad: Publishing House of the Leningrad University, 1962. 114 p.
10. Shukhnin M. N. Unidentified corpse. Identification. M.: Yurlitinform, 2006. 224 p.
CRIMINAL PROCESS
BAYRAMOV Ramzi Radzhabovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
BELOUSOVA Evgeniya Alexeevna
Ph.D. in Law, Head of Criminal law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
GABDULKHAKOV Marsel Faniljevich
LL.B, competitor for a master’s degree of the MGIMO (U) of the MFA of Russia
ON THE ISSUE OF ELECTRONIC EVIDENCE
The paper presents a criminal procedural analysis of the concepts of “evidence” and “electronic evidence”, in particular. The features of the seizure of electronic media, the issues of their relevance and admissibility are considered. The points of view of a number of scientists regarding the issue of secrecy of correspondence are analyzed. The principles of working with electronic evidence in the form of computer information developed by The International Organization for Cooperation in Evaluation (IOCE) are considered. Weaknesses inherent in electronic evidence are highlighted. It is concluded that due to the unsettled practice of involving electronic evidence in criminal proceedings, there may be a violation of the rights of participants in the criminal process when using this type of evidence.
Keywords: evidence, electronic evidence, physical evidence, information carrier, privacy of correspondence, operational-search measure.
Reference bibliographic list
1. Ermakova E. S., Dzhumangalieva D. M. Electronic evidence as a new direction in the practice of investigating crimes // Young scientist. – 2018. – No. 23 (209). – S. 85-87. – [Electronic resource]. – Access mode: https://moluch.ru/archive/209/51196/ (date of access: 10.12.2020).
2. Voronin M. I. Electronic evidence in the Code of Criminal Procedure: to be or not to be? // LEX Russica. – 2019. – No. 7 (152). – S. 79.
3. Voronin M. I. Inadmissible admissibility of electronic evidence. Judicial practice and gaps in the Code of Criminal Procedure // Criminal Procedure. – 2020. – No. 10. – P. 46-67.
4. Gavrilin Yu. V. Electronic media in criminal proceedings // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (44). – P. 47-48.
5. Konin VV Derivative evidence in criminal proceedings // Lawyer. – 2016. – No. 6. – P. 5-8.
6. Klevtsov K. K. Correspondence in messengers as evidence. Ways of obtaining information // Criminal process. – 2020. – No. 10. – P.42-45.
7. Arkhipova N. A. Tactics of inspection and seizure of electronic messages transmitted over telecommunication networks // Law and Law. – 2018. – No. 6. – P. 132-235.
8. Sokolov Yu. N. Seizure of electronic messages, their inspection and seizure // Russian investigator. – 2020. – No. 10. – P. 38-41.
9. Lashkin F. G. How a lawyer works with digital evidence in criminal defense // Criminal process. – 2020. – No. 10. – P. 56-67.
10. Yakovlev A. N. Legal status of legal information extracted from computer and mobile devices: “e-mail” // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2014. – No. 4. – P. 46.
11. Klevtsov K., Kvyk A. Seizure and inspection of information located in the electronic memory of subscriber devices // Legitimacy. – 2020. – No. 12. – P. 58-60.
12. Zuev S. V. [et al.] Electronic evidence in criminal proceedings: a textbook for universities / Editor-in-chief S. V. Zuev. – M .: Yurayt Publishing House, 2020. – 193 p.
13. Pastukhov P. S. On the development of criminal procedural proof using electronic evidence // Seventh Perm Congress of Legal Scientists: Sat. scientific Art. – M., 2017. – S. 558-566.
CRIMINAL PROCESS
BAMMATOV Abdulzhapar Bammatovich
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alekseevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE TIME LIMITS OF THE NORMS OF THE GENERAL PART OF THE CRIMINAL CODE
The article deals with the actual issue of the operation of the criminal law in time. The issue of applying the new and old criminal law in relation to the person who committed the crime is being considered. It must be remembered that this issue is resolved depending on the availability of conditions that improve the situation of the person who committed the crime.
Keywords: criminal law, norm, action in time, norms that improve the situation, norms that worsen the situation.
Reference bibliographic list
1. Ivanov N. G. Reverse force of the criminal law // Criminal law. 2012. No. 5.
2. Reshnyak M. G. On some principles of the operation of the criminal law in time // Russian justice. 2014. No. 8.
3. Tarkhanov I. A. Criminal law in various legal systems // Uchenye zapiski Kazanskogo universiteta. Humanities series. 2020. V. 162. S. 161-176.
CRIMINAL PROCESS
VALYULIN Ruslan Rashitovich
lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ON THE ASSESSMENT OF THE SUBJECT OF PLEDGE, ITS CONTENT, ITS MANAGEMENT AND ENSURING ITS SAFETY, IN ACCORDANCE WITH ART. 106 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The article is dedicated to the study of such a promising preventive measure as bail. Due to the partially blanket nature of Part 3 of Art. 106 of the Code of Criminal Procedure of the Russian Federation, referring to the decree of the Government of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the decree of the Plenum of the Supreme Court of the Russian Federation, and a number of other regulatory legal acts, the author analyzed the decree of the Government of the Russian Federation of 13.07.2011 No. 569 “On approval of the Regulation on the assessment, content of the subject of pledge in a criminal case , managing it and ensuring its safety ”. In the study of the assessment procedure, the content of the subject of pledge, its management and ensuring its safety, the heterogeneity of the legal nature of these provisions was revealed, these procedures are “saturated” with civil law relations. content Directly for bail, as a preventive measure, the provisions of the Government of the Russian Federation of July 13, 2011 No. 569 have significant procedural significance.
Keywords: pledge, decree of the Government of the Russian Federation, assessment, content of the subject of pledge, its management and ensuring its safety, legal basis, legal nature.
Reference bibliographic list
1. Bulatov B. B., Nikolyuk V. V. Medical examination of the accused to establish a disease that prevents his detention // Laws of Russia. 2020. No. 7. S. 63-69.
2. Report on the work of the courts of general jurisdiction in the consideration of criminal cases in the first instance. [Electronic resource]. – Access mode: http://www.cdep.ru/userimages/sudebnaya_statistika/2021/F1-svod_vse_sudy-2020.xls.
3. Decree of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41 “On the practice of applying by courts of legislation on preventive measures in the form of detention, house arrest and bail” // Rossiyskaya Gazeta. No. 294. 12/27/2013.
4. Decree of the Government of the Russian Federation of July 13, 2011 No. 569 “On approval of the Regulations on the assessment, content of the subject of pledge in a criminal case, its management and ensuring its safety” // Collected Legislation of the Russian Federation. 07/18/2011. No. 29.
5. Federal Law of the Russian Federation of July 29, 1998 No. 135FZ “On appraisal activities in the Russian Federation” // ATP “ConsultantPlus”.
CRIMINAL PROCESS
GRISHIN Dmitry Alekseevich
doctoral student of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
ANTIPOV Andrey Yurjevich
senior lecturer of Regime organization and supervision at the UIS sub-faculty of the Academy of the FPS of Russia
DIGITALIZATION OF CRIMINAL PROCEEDINGS AS A GUARANTEE OF THE LEGALITY OF INDIVIDUAL INVESTIGATIVE ACTIONS
The article deals with the problems of ensuring the legality of procedural activities at the pre-trial stages of criminal proceedings. Attention is drawn to ensuring the legal status of an individual in the course of investigative actions in the conditions of digitalization of criminal proceedings. The author identifies a number of tasks that can be solved through the intensive use of digital technologies.
Keywords: the principle of legality, the legal status of the individual, human rights and freedoms, digitalization of criminal proceedings.
Reference bibliographic list
1. Pechnikov G. A., Blinkov A. P. On formal and objectively true legality in criminal proceedings
// Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46).
2. Grishin D. A. Ensuring the legality of using the results of operational-search activities in the process of proving in criminal cases on crimes of corruption. Eurasian Law Journal. – 2018. – No. 9 (124).
3. Dolgov A. M. Achieving the appointment of criminal proceedings in the conditions of digitalization of the criminal process // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1 (23). – S. 56-59.
4. Pobedkin A. V. Ethical and axiological risks of the fashion for digitalization for criminal proceedings (on the fallacy of the technological approach to the criminal process) // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 50-55.
5. Yanin M. G. On the issue of appealing procedural actions and decisions at the pre-trial stages of the criminal process // Bulletin of the Chelyabinsk State University. – 2008. – No. 2 (103).
– pp. 123-128
6. Luginets E.F. “Procedural freedom” in the implementation of the legal institution of petitions and complaints in criminal proceedings // Yurist-Pravoved.
– 2018. – No. 1 (84). – S. 22-26.
CRIMINAL PROCESS
GRYAZEVA Nadezhda Viktorovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Samara Law Institute of the FPS of Russia
ON THE ISSUE OF LEGAL REGULATION OF THE VERIFICATION OF REPORTS OF CRIMES AND INCIDENTS IN INSTITUTIONS OF THE PENAL SYSTEM
The article examines the issues of regulatory regulation of law enforcement activities of employees of the penal enforcement system related to the verification of reports of crimes and incidents. The study of the legal basis of the activity in question allowed us to identify some gaps, the filling of which was the purpose of this work and implemented in it. Based on the analysis of the results of the interviews of the employees of the UIS, a problem related to the need for methodological support of the law enforcement activity under study has been identified. In addition, there is a need to bring the Instruction in accordance with the norms of the Criminal Procedure Code of the Russian Federation in terms of removing from its text the reference provisions to Article 476 of the Criminal Procedure Code of the Russian Federation, which contained a list of forms of procedural documents of pre-trial proceedings, as invalid. We believe that this will contribute to the efficiency, completeness and comprehensiveness of the verification of reports of crimes and incidents in the institutions of the penitentiary department.
Keywords: crime report, incident report, penal enforcement system, accounting and registration discipline, body of inquiry.
Reference bibliographic list
1. Forensic support of anti-corruption activities in the penitentiary system of Russia: textbook / V. N. Bodyakov et al. – Vladimir: VYuI FSIN of Russia, 2015. – 184 p.
CRIMINAL PROCESS
IVANUSENKO Yuliya Borisovna
lecturer of Preliminary investigation sub-faculty of the Educational and scientific complex on preliminary investigation in the internal affairs bodies of the Volgograd Academy of the MIA of Russia
PROCEDURAL SIGNIFICANCE AND TACTICAL FEATURES OF THE EXAMINATION OF PHYSICAL EVIDENCE
The article analyzes the main aspects of examining objects (documents) as a separate investigative action. We are talking about items that have retained traces of the crime, and which in the future may be the object of inspection. During the inspection, the appearance, purpose, individual signs, defects and features are established, but signs are especially noted that indicate the connection of the object with the crime. Further in the article, the procedure is given, as well as the tactical features of the production of inspection of objects (documents), it is indicated that in some cases it is advisable to involve a specialist in the examination of objects, but this depends on the category of the object and the current investigative situation.
Keywords: inspection, investigator, crime, specialist, subject, object, proof.
Reference bibliographic list
1. Bastrykin A. I. Criminalistics. Technique, tactics and methods of crime investigation: Nauch.- prakt. allowance 3rd ed., revised. and additional – St. Petersburg: Prospect, 2011. – S. 275.
2. Code of Criminal Procedure of the Russian Federation. – M.: Omega-L, 2022.
3. Biryukov S. Yu. “Activity of the investigator at the scene: procedural and organizational aspects” // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48).
CRIMINAL PROCESS
KUBANOV Valeriy Viktorovich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Samara Law Institute of the FPS of Russia
Cherezov Alexander Valentinovich
lecturer of Criminal process and criminalistics sub-faculty of the Samara Law Institute of the FPS of Russia
ABOUT PROCEDURAL MEANS OF CHECKING MESSAGES ABOUT CRIMES
The article analyzes the issues of improving the procedural means of verifying reports of crimes and incidents. The theoretical and applied aspects of the appointment and conduct of forensic examination; the production of inspection of the scene, objects, documents and a corpse; the requirements for the production of research of documents, objects, corpses; sending instructions to the body of inquiry to conduct operational search activities. The procedural nature of the claim of documents or objects and their seizure in the manner prescribed by the Code of Criminal Procedure of the Russian Federation is considered.
Keywords: verification of crime reports, forensic examination, investigative examination, examination of objects and documents, body of inquiry, operational search measures, investigative actions.
Reference bibliographic list
1. Forensic examinations in criminal proceedings: a textbook for universities / N. N. Ilyin [and others]; executive editor N. N. Ilyin. – Moscow: Yurayt Publishing House, 2022. – 212 p.
2. 2. Gryazeva N. V. The use of special knowledge when checking reports of crimes in institutions of the penitentiary system // Penitentiary security: national traditions and foreign experience Proceedings of the All-Russian Scientific and Practical Conference. Samara Law Institute of the Federal Penitentiary Service of Russia. – Samara, 2022.
– S. 56-57.
CRIMINAL PROCESS
KOBLEVA Mariya Mukhadinovna
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Rostov branch of the Russian State University of Justice
DARASELIA Elizabeth Vasiljevna
magister student of the 3rd course of the Rostov branch of the Russian State University of Justice
THE USE OF RESTORATIVE MEDIATION TECHNOLOGIES IN WORK WITH A JUVENILE DELINQUENT
The relevance of this article stems from the need to use restorative and mediative techniques in working with juveniles. This article is relevant because of the need to use restorative and mediative techniques in juvenile work. Various ways of the most productive interaction with a juvenile offender with the help of restorative-mediative technologies are proposed.
Keywords: minors, conflict, obstacles, restorative mediation techniques, mediation.
Reference bibliographic list
1. Belkina V. N. Child psychology. Interaction with peers: textbook for universities. ˗ 2nd ed., revised. and additional ˗ Moscow: Yurayt Publishing House, 2022. ˗ P. 30.
2. Miklyaeva A. V., Rumyantseva P. V., Tumanova E. N. School mediation: theoretical and methodological foundations. – Moscow: SVIVT, 2016. – S. 15-20.
3. Konovalov A. Yu. School reconciliation service and restorative culture of relationships: a practical guide / Under the general editorship of Karnozova L. M. – Moscow: MOO Center “Judicial and legal reform”, 2014. – P. 200-202.
CRIMINAL PROCESS
KOZLOV Vyacheslav Viktorovich
lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ISSUES OF THE IMPLEMENTATION OF THE RIGHTS OF PERSONS INVOLVED IN THE PRODUCTION OF PROCEDURAL ACTIONS WHEN CHECKING A REPORT OF A CRIME
The article deals with issues related to the clarification and provision of the rights of persons involved in the production of procedural actions when checking a report of a crime. Questions are raised regarding the scope of the rights of certain categories of persons, the problems of their implementation in the production of certain investigative actions. The author points out the need to improve legal regulation and law enforcement practice in order to implement the constitutional principles of protection and protection of human and civil rights and freedoms at the stage of initiating a criminal case.
Keywords: verification of a crime report, the stage of initiating a criminal case, clarification and enforcement of rights, participants in criminal proceedings.
Reference bibliographic list
1. Zebnitskaya A. K. The right to apply for thisne check reports about the crime // Russian investigator. – 2019. No. 6. – S. 30-33.
2. Kalnitsky VV On investigative actions at the stage of initiating a criminal case // Legislation and practice. – 2015. – No. 1. – S. 69.
3. Kozlov VV On the issue of ensuring the right to defense at the stage of initiating a criminal case // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (39). – S. 141-143.
4. Ryapolova Ya. P. Production of investigative actions during the verification of a crime report: systemic contradictions of the criminal procedure law // Russian investigator. – 2021. – No. 5. – S. 21-25.
5. Ryapolova Ya. P. Criminal procedural activity at the stage of initiating a criminal case: Monograph. – Kursk: CJSC “Universitetskaya kniga”, 2016. – P. 47.
6. On Amendments to Articles 62 and 303 of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation [Electronic resource]: Federal Law of March 4, 2013 No. 23-FZ. Access from the reference-legal system “ConsultantPlus”.
7. On some issues arising when considering cases on awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time. [Electronic resource]: resolutions of the Plenum of the Supreme Court of the Russian Federation dated March 29, 2016 No. 11. Access from the reference legal system “ConsultantPlus”.
8. About practice of application by courts of the legislation providing the right to protection in criminal legal proceedings. [Electronic resource]: Decree of the Plenum of the Supreme Court of the Russian Federation of 06/30/2015 No. 29 Access from the reference legal system “ConsultantPlus”.
9. On the refusal to accept for consideration the complaint of citizen Smirnova Valentina Mikhailovna about the violation of her constitutional rights by the provisions of the Code of Criminal Procedure of the Russian Federation. [Electronic resource]: Determination of the Constitutional Court of the Russian Federation of November 17, 2011 No. 1555-О-О. Access from the reference-legal system “ConsultantPlus”.
10. In the case of the verification of the constitutionality of the third part of Article 6.1 of the Code of Criminal Procedure of the Russian Federation in connection with the complaint of citizen B. A. Sotnikov. [Electronic resource]: Resolution of the Constitutional Court of the Russian Federation of June 13, 2019 No. 23-P.
11. At the request of the Volgograd Garrison Military Court to verify the constitutionality of Part 8 of Article 42 of the Code of Criminal Procedure of the Russian Federation. [Electronic resource]: Determination of the Constitutional Court of the Russian Federation dated 18.01.2005 No. 131-O. Access from the reference-legal system “ConsultantPlus”.
CRIMINAL PROCESS
KOSAREVA Irina Andreevna
lecturer of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
EVIDENTIARY VALUE OF THE TESTIMONY OF A PERSON AGAINST WHOM A CRIMINAL CASE HAS BEEN SEPARATED INTO A SEPARATE PROCEEDING IN CONNECTION WITH THE CONCLUSION OF A PRE-TRIAL COOPERATION AGREEMENT WITH HIM
The author discusses the nature and significance of the testimony received from a person against whom a criminal case has been separated into a separate proceeding in connection with the conclusion of a pre-trial cooperation agreement with him. Like any information relevant to the investigation of a criminal case, they must be obtained legally and recorded in accordance with the procedure established by the criminal procedure legislation. However, there are still discussions about whether the testimony of the participant mentioned earlier belongs to any source of evidence presented in the law. In this connection, there is a need to consolidate them in Article 74 of the Criminal Procedure Code of the Russian Federation, as an independent source of evidence.
Keywords: evidence, testimony, pre-trial cooperation agreement, a person against whom a criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him.
Reference bibliographic list
1. Azarenok N. V. Evolution of the criminal procedural proof of the guilt of a person in the “main” criminal case when concluding a pre-trial agreement on cooperation (on the occasion of the 10th anniversary of the entry into force of Chapter 40.1 of the Criminal Procedure Code of the Russian Federation) // Criminal Law. – 2019. – No. 4. – S. 118-123.
2. Ashirbekova M. T. Procedural centaur: “interested convict” // Criminal proceedings. – 2018. – No. 1. – S. 16-20.
3. Golovko L. V. The course of the criminal process / Ed. Doctor of Law, Prof. L. V. Golovko. – M.: Statute, 2016. – 1276 p.
4. Pobedkin A. V. Neither the accused nor the witness: the creation of “existing without need” // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (82). – S. 47-54.
CRIMINAL PROCESS
KRAINSKY Alexander Vladimirovich
lecturer of Traceology and ballistics sub-faculty of the Educational and scientific complex for expert criminalistic activity of the Volgograd Academy of the MIA of Russia
SOME ASPECTS OF CONDUCTING AND EVALUATING THE RESULTS OF AN EXPERT EXPERIMENT IN THE FORENSIC EXAMINATION OF EDGED AND THROWING WEAPONS
The paper considers the issue of the influence of the subjective side on the conclusion of an expert study of the forensic examination of cold steel and throwing weapons during the stage of the expert experiment and a qualified assessment of its results.
Taking into account the considered features, forensic experts, when conducting forensic examinations of edged and throwing weapons, with a competent approach to conducting the stage of the expert experiment and its evaluation, will significantly increase the quality, reliability and scientific validity of their research.
Keywords: forensic examination, edged weapons, expert experiment, impact-crushing weapons.
Reference bibliographic list
1. Typical expert methods for the study of physical evidence [Electronic resource]: textbook. allowance. Part 1 / Ed. Yu. M. Dildina. – M.: EKTs MVD RF, 2011. – 568 p. – Access from the EC library of the VA of the Ministry of Internal Affairs of Russia. – pdf.
CRIMINAL PROCESS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and scientific complex for preliminary investigation in the internal affairs bodies of the Volgograd Academy of the MIA of Russia
BEZVERKHOVA Svetlana Viktorovna
senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
ACTUAL ASPECTS OF THE USE OF SPECIAL PHONOSCOPIC KNOWLEDGE IN CRIMINALISTICS AT THE PRESENT STAGE
This article discusses the problematic issues of the use of special phonoscopic knowledge at the present stage, as criminalistically significant information. Digitalization of modern society, of course, greatly facilitates human life. However, at the stage of investigation of various categories of crimes, the refusal of participants in criminal proceedings from the traditional fixation of information in written documents leads to certain problems with the identification and diagnosis of speech phonograms and videos, on which increasingly such information is recorded. The law establishes a clear framework for its use as evidence in criminal proceedings. The study of phonograms of oral speech occurs through the production of phonoscopic examination and not infrequently its conclusion becomes the only material evidence.
Keywords: phonoscopic examination, forensic activity, neural networks, signs of voice, speech, programmers, sound trace, fraud, criminal investigation.
Reference bibliographic list
1. Galyashina E. A. Audio and video recordings as a result of the ORD: problems of forensic support for verification of evidence // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2015. – No. 17.
2. Judgment of the Kurgan City Court dated November 27, 2020 in case No. 1-1205/2020. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ZzOoJpbKQd1c/?regular-txt=%/
3. Cheboganov AI The value of phonoscopic examinations for the disclosure and investigation of crimes // Actual problems of jurisprudence. – 2020. – No. 2 (66). – S. 40.
4. Sentence of the Dzerzhinsky District Court of Novosibirsk No. 1-102/2020 dated July 23, 2020 – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/KShVPgfkKVU7///
5. Kravets E. G. Modern possibilities of accumulation, transmission and analysis of information significant for the investigation of crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 2 (13). – S. 72-78.
6. Materials of the criminal case No. 312255 Investigative practice of the Main Directorate of the Ministry of Internal Affairs for the city of Volzhsky, Volgograd Region, 2018.
7. Ivanov V. Yu. Modern challenges of phonoscopic research and ways to solve them // Technologies of the XXI century in jurisprudence: Proceedings of the Second International Scientific and Practical Conference, Yekaterinburg, May 22, 2020 / Edited by D. V. Bakhteev. – Yekaterinburg: FGBOUVO “Ural State Law University”, 2020. – P. 562.
8. Fedunenko E. Vera Voice will synthesize the voices of celebrities // Newspaper “Kommersant” 2019. 29 Oct. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4141779 (date of access: 10/20/2021).
9. Kuzurgashev E. G. On the issue of the features of the appointment and production of phonoscopic examination // Modern patterns and trends in the development of the sciences of the criminal cycle: Proceedings of the international scientific conference, Krasnoyarsk, December 05, 2019 / Ed. for the issue of V. L. Bopp, E. A. Erakhtin. – Krasnoyarsk, 2020. – P. 252.
10. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – S. 116-121.
CRIMINAL PROCESS
PETUKHOVA Zhanna Petrovna
lecturer of Criminal process sub-faculty of the East Siberian Institute of the MIA of Russia
LAW ENFORCEMENT FEATURES OF THE INVESTIGATION OF CRIMINAL CASES AND THE SUSPENSION OF THE PRELIMINARY INVESTIGATION
The subject of the study is the norms of criminal procedure legislation aimed at considering the problem of proof in criminal cases related to theft of livestock and making a legal decision based on the results of the prelimination investigation. The object of the study is the activities of employees of the internal affairs bodies, aimed at the formation of an evidence base in criminal cases. The novelty of the work is determined by the need to improve the methodology for interrogating victims and witnesses in the investigation of this type of crime, systematizing the knowledge gained during the preliminary investigation when deciding to suspend the preliminary investigation. The main conclusions of the study are: the need to establish minimum requirements for describing the content of the protocol of interrogation of the victim and the witness, in order to record operationally significant information in order to identify all those involved in the theft of livestock.
Keywords: suspension of the preliminary investigation, non-identification of the person, cattle, skin, animal meat.
Reference bibliographic list
1. Fokin A. P. Investigation of cattle thefts. – M., 1973. – S. 10.
2. Khanov T. A. Actions of the investigator on the received statement, report on the theft of cattle // Actual problems of the humanities and natural sciences. – 2016. – No. 10-2. – S. 73-81.
3. Gadzhiev V. E. The value of forensic characteristics in the process of formation and use of recommendations for the detection and investigation of cattle theft // Law and Politics. – 2009. – No. 8. – S. 1750-1754.
CRIMINAL PROCESS
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Leningrad region, Gatchina
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Leningrad region, Gatchina
PROBLEMS OF LEGAL REGULATION OF SPECIFIC INVESTIGATIVE ACTIONS
The article is dedicated to the actual problems of legal regulation and the implementation of the tasks of such an investigative action as a confrontation. The gaps of the current criminal procedure legislation regulating the procedural procedure for the production of a confrontation, the patterns of adversarial activity of the parties during the confrontation, as well as the criteria for the materiality of contradictions that serve as the basis for its production in criminal proceedings are investigations. Improving the legal regulation of the goals and objectives of the confrontation and the procedure for its production will increase its effectiveness, expand the tools of the criminal prosecution body, increase the range of possibilities of the protection function, increase the effectiveness of the procedure for implementing the tasks of the criminal process.
Keywords: investigator, preliminary investigation, investigative action, confrontation, gap, testimony, interrogation.
Article-by-article bibliographic list
1. Smirnova P. V. Separate errors in the production of investigative actions that affect the quality and completeness of the investigation // Young scientist. – 2020. – No. 23 (313). — S. 293-295.
2. Khorsheva V.S. On some aspects of the interaction of the investigator, interrogating officer with the operational units of the internal affairs bodies // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. –
No. 1 (48). – 2018. – S. 166-173.
3. Stelmakh V. Yu. Procedural, tactical and psychological aspects of confrontation // Legal science and law enforcement practice. – 2016. – No. 2 (36). – S. 99-109.
4. Naryadchikov VN Problematic moments in the practice of confrontation: procedural aspects // Siberian criminal procedure and forensic readings. – 2019. – No. 1 (23). – S. 108-113.
CRIMINAL PROCESS
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
MASLENNIKOVA Ekaterina Aleksandrovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
INVESTIGATIVE PRACTICE OF OBTAINING EVIDENCE IN CRIMINAL CASES OF CRIMES RELATED TO ILLICIT DRUG TRAFFICKING
Investigative practice and criminology have developed a sufficient number of recommendations for collecting evidence in cases of crimes related to illicit drug trafficking. The complexity of the process of rendering criminal cases in this category lies in the fact that it is difficult to collect evidence in a transparent way. Basically, the evidence is formed by conducting an ORM, where the results of the ORM are issued as evidence. There is no victim in this category of cases, crimes are committed, most often, by organized criminal groups, the subject of the crime is a narcotic drug. The appointment of forensic examinations is mandatory in the case.
Keywords: collection of evidence, search, fixation, certification of information, investigation of a criminal case, illegal drug trafficking.
Reference bibliographic list
1. Bochinin S. A. Collecting evidence in investigative actions // Actual problems of Russian law. – 2011. – No. 1. – S. 248.
2. Borodkina T. N. Provision of evidence or information by a defense counsel in a criminal case? // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No.
5. – P. 15. doi: 10.24411/2073-0454-2019-10244.
3. Deinis D. V., Voronin S. E. To the question of the peculiarities of proof in cases of illegal drug trafficking // Epoch of Science. – 2018. – No. 14.
– S. 62.
4. Belov V. A. Features of collecting evidence in criminal cases on drug trafficking
// Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2015. – No. 3. – S. 122.
5. Bravilova E. A. Evidentiary value in the criminal case of objects and documents seized during the implementation of operational-investigative, administrative and other types of activities // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2017.
– No. 4. – S. 43.
6. Vasyukov V. F., Semenov E. A. Some problems of obtaining and using digital information in the investigation of criminal cases // Bulletin of the Tula State University. Economic and legal sciences. – 2016. – No. 3-2. – S. 204.
7. Lyutynsky A. M. On the procedure for declaring evidence inadmissible in Russian criminal proceedings // Russian Journal of Education and Psychology. – 2015. – No. 7 (51). – S. 226.
CRIMINAL PROCESS
PRYS Evgeniy Vladimirovich
Ph.D. in Law, professor, professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
PRELIMINARY INVESTIGATION AS THE MOST IMPORTANT MEASURE TO PREVENT ECONOMIC CRIMES COMMITTED BY OFFICIALS
The article discusses the issues of preliminary investigation as the most important institution for the prevention of crimes in the field of prevention of crimes in the field of economics committed by officials. The state of official crimes in the sphere of economy is determined, their dynamics is analyzed. Features of the legal status of the subject of the crime and the application to it of a special procedure for conducting a preliminary investigation as a crime prevention measure are revealed. High efficiency of criminal procedural activity is the key to stability in the economy and in general in the development of the state.
Keywords: preventive measures, status, economy, crimes, preliminary investigation, officials, public relations.
Reference bibliographic list
1. Grishko L. E., Prys I. E. The personality of a convict for economic crimes: on the example of the personality of a convict for tax crimes // Man: crime and punishment. – 2018. – V. 26 (1-4). – No. 4. – P. 470
2. History of the world economy: Textbook / VZFEI; Ed. G. B. Polyak, A. N. Markova. – 3rd ed. – M.: UNITI, 2010. – S. 29.
3. Big encyclopedic dictionary / Ch. ed. A. M. Prokhorov. – 2nd ed., revised. and additional – M.: Bolshaya Ros. encycl.; St. Petersburg: Norint. 2009. – S. 24.
4. Big economic dictionary: 22000 terms / Ed. A. N. Azrilyana – 4th ed., revised. and additional – Moscow: Institute of New Economics, 1999. – S. 34
5. Grishko A. Ya. Criminal law. Tutorial. Legal. Institute of the Ministry of Internal Affairs of Russia. – M., 2001. – S. 54.
6. The problem of economic crime: (Interdisciplinary research experience): Monograph / G. K. Mishin; MIA Ros. Federation, Vseros. Research Institute. – M. VNII MVD., 1994. – S. 79.
7. Dmitriev O. V. Economic crime and counteraction to it in the conditions of the market economy system / Otv. ed. M. P. Kleymenov. – M.: Jurist, 2005. – S. 34.
8. Melnikova V. E. Responsibility of officials for crimes in the field of economic activity // Tasks and means of criminal law protection of socialist public relations. Collection of scientific papers. – Ed. VYUZI-M., 1983. – S. 109.
9. Kuznetsov A. P. Crimes in the sphere of economic activity: concept, place, classification // Investigator. – 1999. – S. 10.
10. Tretyakov Yu. V. Activities of the investigator to prevent crimes in the economy // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (18). – S. 80.
11. Kruchinina N. V. On the forensic support of the investigation of crimes in the sphere of economics // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 5. – 76 p.
12. Ishchenko E. P. Criminal law, criminal procedure and forensic problems of investigating crimes in the sphere of economic activity // Economic crime: problems of justice. – St. Petersburg: Publishing House of the Polytechnic. un-ta., 2015. – S. 91-99.
CRIMINAL PROCESS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FEATURES OF TACTICS OF DETENTION AND PERSONAL SEARCH DURING THE INVESTIGATION OF ILLICIT TRAFFICKING OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article discusses the specifics of the tactics of detention and personal search of a person when trying to deliver narcotic drugs and psychotropic substances to the territory of a penitentiary institution. Specific tactical techniques for detaining a suspected person, techniques and tactical recommendations for his personal search during the disclosure and investigation of a crime related to drug trafficking in a correctional facility are proposed.
Keywords: detention, personal search, convict, narcotic drugs, psychotropic substances, tactical reception, penitentiary institution.
Reference bibliographic list
1. [Electronic resource]. – Access mode: http: //www. stat. api-press.rf.
CRIMINAL PROCESS
KHABAROVA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Institute of State and Law of the Tyumen State University
NIKOLAEVA Darya Yurjevna
magister student of the Institute of State and Law of the Tyumen State University
THE EVIDENTIARY VALUE OF THE PRESENTATION PROCEDURE FOR IDENTIFICATION BY THE “GENERAL” IMAGE
In investigative practice, the procedure for presenting for identification raises questions. More often than others, such questions are related to the process of perception itself, since not all people manage to verbalize the previously perceived object of identification in such a way that it would be possible to highlight the distinctive features and signs by which it will be possible to carry out identification in the future. Often, employees of the bodies conducting preliminary investigations resort to the identification procedure according to a “general” image. The article analyzes the researchers’ points of view regarding the process of recognition, the possibility of carrying out identification in the absence of a verbal description during interrogation of a previously perceived object, as well as ways to activate thought processes to obtain necessary and sufficient information during the previous identification interrogation. The conclusion is made about the significance of the information collected as a result of the presentation for identification by the “general” image, taking into account the legislation in force in the Russian Federation.
Keywords: identification, perception, recognition, “general” image, memory, interrogation, signs, verbal description
Reference bibliographic list
1. Alekseev A. M. On one debatable issue in the theory and practice of presentation for identification // Proceedings of the Higher School of the Ministry of Internal Affairs of the USSR. M.: NIIRIO MVD USSR, 1972. Issue. 34. S. 116-123.
2. Budyakova T. P. Psychological errors in identifying a person by face // Experimental psychology. 2017. V. 10. No. 2. S. 20-39.
3. Ginzburg A. Ya. Identification in investigative, operational-search and expert practice. M., 1996. 122 p.
4. Ivanova L. F. Some psychological recommendations during the presentation for identification, taking into account the procedural status of the identifying person // Bulletin of the South Ural State University. Series: Law, 2007. No. 18 (90). pp. 41-45.
5. Korukhov Yu. G. Presentation for identification at the preliminary investigation and in court. M., 1968. 30 p.
6. Kosmodemyanskaya E. E. Forensic aspects of presentation for identification: theory and practice // Scientific component. 2019. No. 1 (1). pp. 34-43.
7. Mazunin Ya. M. Features of interrogation tactics preceding presentation for identification // Siberian Legal Review. 2013. No. 2 (21). pp. 95-99.
8. Ratinov A. R. Forensic psychology for investigators: textbook. M., 1967. 290 p.
9. Romanov VV Legal psychology: Textbook. M.: Lawyer, 2002. 488 p.
10. Samoshina ZG Questions of theory and practice of presentation for identification at the preliminary investigation. M.: Publishing House of Moscow State University, 1976. 90 p.
11. Udalova L. D. Tactical and psychological bases of presentation for identification and reliability of its results. M., 2006. 189 p.
CRIMINAL PROCESS
SHAMSHINA Olga Sergeevna
lecturer of Preliminary investigation sub-faculty of the Educational and Scientific Complex on Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
SOME ASPECTS OF ON-SITE VERIFICATION OF READINGS
In the article, on the basis of legal and theoretical provisions, as well as the practical experience of investigative units, the features of the production of verification of testimony on the spot are considered, and its significance in the process of investigating crimes is also established . The problems arising during the verification of testimony on the spot are identified, and solutions are proposed by introducing amendments and additions to the criminal procedure legislation.
Keywords: investigator, investigative action, verification of testimony on the spot, testimony.
Reference bibliographic list
1. Gorkina E. V. Verification of testimony on the spot: unresolved problems // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – S. 121-126. – DOI 10.25724/VAMVD.DCDE.
2. Appeal ruling of the Belgorod Regional Court No. 22-1489 / 2020 dated December 23, 2020 // Internet resource “Judicial and regulatory acts of the Russian Federation” (SudAkt.Ru). [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/uTMJwQlzQ3YO/?regular-txt=®ular-case_doc=22-1489%2F2020+®ular-lawchunkinfo=®ular-date_from=®ular-date_to=®ular-workflow_stage=20®ular -area=1022®ular-court=®ular-judge=&_=1668662574951 (accessed 11/05/2022).
3. Ogorodnikova E. G., Trifonova K. A. Investigative experiment: forensic, psychological and criminal procedural aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (41). – S. 90-95.
CRIMINAL PROCESS
SHMATOV Vitaliy Mikhaylovich
Ph.D. in Law, associate professor, Head of Management of investigative activities sub-faculty of the Educational and Scientific Complex of Preliminary Investigation in The Internal Affairs of the Volgograd Academy of the MIA of Russia
ON SOME ASPECTS OF THE CRIMINAL PROCEDURAL RELATIONS OF THE INVESTIGATOR AND THE BODY OF INQUIRY
The article deals with the issues of criminal procedural relations between the investigator and the body of inquiry, his leadership in interaction, the reasons and conditions of interaction, the analysis of opinions and points of view of law enforcement officers on issues and problems related to this topic.
Keywords: interaction, investigator, operative, body of inquiry.
CRIMINAL PROCESS
SHUVALOV Dmitry Nikolaevich
PhD in Law, Associate Professor, Deputy Head of the Department of Organization of Investigative Work of the Volgograd Academy of the Ministry of Internal Affairs of Russia
TO THE QUESTION OF INTEGRATION OF CRIMINAL PROCEDURE AND CRIMINALISTIC KNOWLEDGE USED IN OVERCOMING OBSTACLE TO INVESTIGATION
The research approaches to the relations that develop between the investigator and the person participating in the production of the investigative action are considered. The forensic content of various forms of counteraction to the investigation is revealed.
Key words: conflict, situation, investigation, communication, investigator, encroachment, opposition, witness, victim.
SHUVALOV Dmitry Nikolaevich
Ph.D. in Law, associate professor, Deputy Head of Organization of investigative work sub-faculty of the Volgograd Academy of the MIA of Russia
TO THE QUESTION OF INTEGRATION OF CRIMINAL PROCEDURE AND CRIMINALISTIC KNOWLEDGE DURING THE INVESTIGATION
Research approaches to the relations between the investigator and the person participating in the production of the investigative action are considered. The forensic content of various forms of counteraction to the investigation is revealed.
Keywords: conflict, situation, investigation, communication, investigator, encroachment, opposition, witness, victim.
CRIMINAL PROCESS
ASKERKHANOVA Diana Yusupovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THEORETICAL FOUNDATIONS OF ENSURING THE RIGHT TO DEFENSE AT THE STAGE OF APPEAL PROCEEDINGS
The importance of the right to appeal in the Russian criminal process is due to the essence of the appeal – the possibility of a full review of the criminal case on both factual and legal grounds, which allows the court of appeal to identify and eliminate any mistake made during the trial of the case in the court of first instance.
Judicial statistics show that the inconsistency of the court’s conclusions set out in the verdict with the actual circumstances of the criminal case in the period 2015-2020 served as the basis for the cancellation of convictions on appeal in an average of 37% of cases, that is, every third canceled sentence contained an error in matters of fact.
Keywords: appeal proceedings, court of first instance, appeal, cassation.
Reference bibliographic list
1. Sidorova N.V. Appeal in the system of proceedings in the court of second instance in the criminal process of the Russian Federation. Dis. … for the academic competition. step. cand. legal Sciences. Tomsk, 2005. 249 p.
2. Vdovin S.A. The right to defense in criminal cases in the courts of appeal: tradition and modernity // Legislation and Economics. 2017. No. 2. S. 83-87.
3. Vdovin S.A. Ensuring the right to defense at the stage of appeal proceedings in a criminal case. Dis. … on scientific competition. step. cand. legal Sciences. Moscow, 2019. 274 p.
4. Appeal in criminal proceedings. Under the general editorship of Ershov V. V. Moscow, 2013. 315 p.
5. Melnikov V. Yu. Ensuring and protecting human rights in the application of measures of procedural coercion in pre-trial proceedings in the Russian Federation: dis. … doc. legal Sciences: 12.00.09. Moscow, 2014.285 p.
6. Trukhin S.A. The subject and limits of the appeal proceedings of criminal cases: dis. … cand. legal Sciences: 12.00.09. Moscow, 2016. 206 p.
CRIMINAL PROCESS
GRITSENKO Nikita Sergeevich
postgraduate student of the Siberian Federal University, Krasnoyarsk
THE CONCEPT OF COLLEGIALITY OF THE COMPOSITION OF THE COURT WHEN CONSIDERING CRIMINAL CASES
The article examines and critically evaluates the leading approaches to the definition of the concept of “collegiality of the composition of the court when considering criminal cases”. On the basis of an instrumental understanding of collegiality, the author proposes its original definition, according to which the collegiality of the composition of the court should be considered as an institution of criminal procedure legislation regulating general and special issues of consideration of criminal cases by courts within the framework of unique forms of procedural cooperation (combining the efforts of several persons involved in the administration of justice) for the issuance of lawful, reasonable and fair judicial acts on criminal cases.
Keywords: collegiality of the court, criminal proceedings, principles of criminal procedure, general conditions for the administration of justice, institute of law (legislation).
Reference bibliographic list
1. Aseeva E. A. The composition of the court in criminal proceedings: dis … cand. legal Sciences. – Irkutsk, 2009. – S. 17-18.
2. Balakshin V. S. Evidence in the theory and practice of criminal procedure proof (The most important problems in the light of the Code of Criminal Procedure of the Russian Federation): dis. … doc. legal Sciences. – Yekaterinburg, 2005. – 533 p.
3. Davletov A. A. Criminal proceedings of the Russian Federation: a textbook. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2017. – 314 p.
4. Davydov P. M. Principles of the Soviet criminal process. – Sverdlovsk: Sverdl. in-t im. A. Ya. Vyshinsky, 1957. – 51 p.
5. Dobrovolskaya T. N. Principles of the Soviet criminal process (questions of theory and practice). – M.: Yurid. lit., 1971. – 200 p.
6. Domchenko A. S. Public administration and strategic planning: on the issue of demarcation of management mechanisms // Russian Journal of Law. – 2020. – No. 3 (132). – S. 119-127.
7. Lupinskaya P. A. Review of sentences, rulings and decisions that have entered into force in the order of judicial supervision: textbook. allowance. – M.: VYUZI, 1978. – 52 p.
8. Morozova L. A. Theory of state and law: textbook. – M.: Eksmo, 2010. – 510 p.
9. Osintsev D. V., Domchenko A. S. Ontology of the creational legal process // Russian judge. – 2018. – No. 12. – S. 11-15.
10. Tarasov A. A. Legal and socio-psychological problems of combining individual and collegiate principles in the criminal process of the Russian Federation: author. dis. … doc. legal Sciences. – M., 2001. [Electronic resource]. – Access mode: http://dissertation2.narod.ru/avtoreferats6/av18.htm (date of access: 20.10.2022).
11. Fadeeva E. I. Collegiate composition of the court in the course of judicial proceedings in criminal cases: author. dis. … cand. legal Sciences. – Chelyabinsk, 2014. – 29 p.
12. Feldstein G. S. Lectures on criminal proceedings. – M.: Typolitography V. Richter, 1915. – 432 p.
CRIMINAL PROCESS
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
CLASSIFICATION AND TYPES OF EVIDENCE IN CRIMINAL PROCEEDINGS
In order for a judicial decision in a criminal case to comply with the principle of legality, be justified and reasoned, and, as a result, have legal force, it must be based on irrefutable, verified, accurate facts and evidence confirming the guilt or innocence of the defendant. Modern criminal procedure is characterized by various evidence, which have a number of differences. The article discusses the classification and types of evidence in criminal proceedings, analyzes the features inherent in certain types of evidence, reveals the signs and characteristics of certain types of evidence. The importance of the study of evidence in the context of the practical implementation of the proof procedure is updated.
Keywords: evidence, classification, varieties, proof procedure, criminal process.
Reference bibliographic list
1. Abdullaev R. R. Legal issues of collecting and using digital evidence in criminal proceedings // Review of law sciences. – 2020. – No. 1. – P. 241-244.
2. Gadzhieva M. A. Tasks and modern significanceinvestigative experiment // Education. The science. Scientific personnel. – 2021. – No. 2. – P. 113-114.
3. Stelmakh V. Yu. Classification of evidence: some theoretical and practical aspects // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 1. – P. 36-40.
CRIMINAL AND EXECUTIVE LAW
ASADOV Vatan Vagifovich
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Pskov branch of the Academy of the FPS of Russia
SELECTED ASPECTS OF INTERACTION OF CRIMINAL ENFORCEMENT INSPECTIONS WITH THE COURTS IN THE APPOINTMENT AND EXECUTION OF A CONDITIONAL CRIMINAL SENTENCE
The article discusses some aspects of the interaction of criminal enforcement inspections with the courts. The author examines the interaction with the courts in relation to probation prisoners at two stages: at the stage of sentencing and at the stage of its execution. The paper presents the results of a survey of employees of penal enforcement inspections and judges on problematic issues of such interaction. The article substantiates the position that when assigning a conditional criminal sentence, the degree and nature of the public danger of the crime committed, the personality of the convicted person, the circumstances mitigating and aggravating his responsibility are rarely taken into account, which subsequently affects the effectiveness of a conditional sentence. Based on the results of the conducted research, the author comes to the conclusion that it is necessary to improve the mechanism of interaction of the UII with the courts, including other state and public structures (in particular, internal affairs bodies, bailiffs, social services , etc.).
Keywords: criminal enforcement inspections, prevention of repeated crimes, probation prisoners, interaction, courts.
Reference bibliographic list
1. Characteristics of persons registered with penitentiary inspectorates // Federal Service for the Execution of Punishments. [Electronic resource]. – Access mode: https://fsin.gov.ru (date of access: 10/17/2022).
CRIMINAL AND EXECUTIVE LAW
BORCHENKO Vera Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
TULIEV Ilnar Ilnurovich
cadet of the Samara Law Institute of the FPS of Russia
LEGAL REGULATION OF THE PROVISION OF LEGAL ASSISTANCE TO CONVICTS IN CORRECTIONAL INSTITUTIONS
The article discusses the procedure for providing legal assistance to convicts in correctional institutions. The concept of legal aid is analyzed and international standards for providing legal aid to convicts are considered. The authors revealed the general characteristics of the subjects of legal aid: lawyers, notaries, legal clinics and Human Rights Commissioners.
Keywords: legal assistance to convicts; correctional institutions; subjects of legal assistance; lawyer; notary; legal clinic; Commissioner for Human Rights.
Reference bibliographic list
1. Storozhuk M. I. Ensuring personal non-property rights and legal non-material interests of those sentenced to deprivation of liberty: dis. … cand. legal Sciences. – M.: Vseros. scientific research in-t of the Ministry of Internal Affairs of the Russian Federation, 2008. – P. 57.
2. Kuznetsova O. B. The procedure and conditions for granting a meeting with a lawyer to a convict for obtaining legal assistance // Advocate Practice. ‒ 2015. ‒ No. 1. ‒ P. 59-63.
3. Khasnutdinov R. R., Vladimirova O. A., Konovalchuk M. V. Provision of legal assistance to convicts as part of the work of a legal clinic: textbook. allowance. – Samara, 2017. – 96 p.
4. Report on the educational activities of the SUI of the Federal Penitentiary Service of Russia (unpublished document).
5. Report on the activities of the Commissioner for Human Rights in the Samara Region and the observance of human and civil rights and freedoms in the Samara Region in 2021. [Electronic resource]. – Access mode: https://map.ombudsmanrf.org/Karta_Yadro/prav_z_karta/ross_fed/doklad_v_sub/doklad_v_samarsk / doklad_v_samarskweb.pdf (accessed 10.09.2022).
CRIMINAL AND EXECUTIVE LAW
BUTENKO Tatyana Pavlovna
Ph.D. in Law, associate professor Head of Criminal law sub-faculty of the Amur State University
PETAYCHUK Anton Andreevich
senior lecturer in Criminal law sub-faculty, postgraduate student of the Faculty of Law of the Amur State University
LEGAL REGULATION OF PUBLIC CONTROL OVER THE PROVISION OF HUMAN RIGHTS IN CORRECTIONAL INSTITUTIONS
In the article, the authors analyze the normative acts that regulate the possibility of public control in correctional institutions. Particular attention is paid to the types of subjects who de jure and de facto have the right to exercise the so-called “public penitentiary control”. In the course of the study, obvious legal conflicts are revealed, which, according to the authors, hinder the harmonization of the application of penal enforcement legislation. In conclusion, conclusions are formulated that will help scientists and practitioners to look differently at the problems of legal regulation of public controll during the period of serving a sentence of imprisonment.
Keywords: public monitoring commissions, public associations, ombudsmen, correctional institutions, public control, human rights.
Reference bibliographic list
1. Public control over the activities of the penitentiary system: textbook. allowance / [S. N. Ushakov and others]; Feder. executive service punishments; Vladim. legal in-t Feder. service execution punishments. – Vladimir: VUI FSIN of Russia, 2014. – P. 6.
2. Ozhegov S. I. Dictionary of the Russian language / Ed. N. Yu. Shvedova. – M., 1981. – S. 259.
3. Explanatory dictionary of the Russian language, ed. D. N. Ushakov (1935-1940). [Electronic resource]. – Access mode: https: slovariki.org/ushakov/ush-abc/11/us1e5013.htm (accessed 11/04/2022).
4. Lelyukh V. F. Modern types (forms) of control over the activities of correctional institutions during the reform of the penitentiary system in Russia // Bulletin of the Kemerovo State University. – 2012. – No. 3 (51). – S. 317.
5. Artemiev N. S. The role of public control in preventing violations of the law in institutions and bodies of the penitentiary system // Criminal Executive Law. – 2019. – V. 14 (1-4). – No. 3. – S. 242.
6. Petaichuk A. A. On the issue of assisting public associations in the work of institutions that carry out punishment in the form of deprivation of liberty // Eurasian Law Journal. – 2022. – No. 7 (170). – S. 270.
7. Artemiev N. S. The role of public control in preventing violations of the law in institutions and bodies of the penitentiary system. – 2019. – V. 14 (1-4). – No. 3. – S. 242.
8. Maloletkina N. S., Skiba A. P. Public control over the activities of the penitentiary system: subject and types of subjects // Bulletin of the Samara Law Institute. – 2020. – No. 2 (38). – S. 69.
9. Sattarov VD The main features of the implementation of public control in the penitentiary system of the Russian Federation: problems and ways to overcome them // Bulletin of the penitentiary system. – 2022. – No. 2. – S. 18.
CRIMINAL AND EXECUTIVE LAW
VETROVA Olga Alexeevna
pensioner of the MIA of Russia
ISSUES OF DETERMINING THE LEGAL STATUS OF A FOREIGN CITIZEN WHO HAS COMMITTED A CRIME ON THE TERRITORY OF RUSSIA
The article examines the differences between the legal status of a citizen of the Russian Federation and the legal status of a foreign citizen; the conclusion deserves attention that the rights and freedoms of the category of persons under consideration not only can, but also should be limited in accordance with the Constitution of the Russian Federation, the principles and norms of international law, the national legislation of the Russian Federation .
Keywords: legal status, law enforcement agencies, legal status, rights, obligations, legitimate interests, foreign citizens.
Reference bibliographic list
1. Federal Law of the Russian Federation of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” (as amended on October 11, 2018) // Rossiyskaya Gazeta. – No. 159. – 08/22/1996.
2. Federal Law of the Russian Federation of July 25, 2002 No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation” (as amended on July 19, 2018) // Rossiyskaya Gazeta. – No. 140. – 07/31/2002.
3. Federal Law of the Russian Federation of 08.01.1997 No. 1-FZ “The Penitentiary Code of the Russian Federation” (as amended on 27.12.2018) // “Collected Legislation of the Russian Federation” – 13.01.1997. – No. 2, art. 198.
4. Federal Law of the Russian Federation of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” (as amended on May 1, 2019) // Rossiyskaya Gazeta. – No. 156. – 07/20/2006.
5. Federal Law of the Russian Federation of June 23, 2016 No. 182-FZ “On the fundamentals of the crime prevention system in the Russian Federation” // Rossiyskaya Gazeta. – No. 139. – 06/28/2016.
6. Federal Law of the Russian Federation of April 06, 2011 No. 64-FZ “On administrative supervision of persons released from places of deprivation of liberty” (as amended on July 29, 2017) // Rossiysayaya gazeta. – No. 75. – 04/08/2011.
7. Order of the Ministry of Justice of Russia No. 198, the Ministry of Internal Affairs of Russia No. 633 dated September 28, 2018 “On approval of the Regulations for the interaction of the Federal Penitentiary Service, the Ministry of Internal Affairs of the Russian Federation and their territorial bodies in the execution of decisions taken by the Ministry of Justice of the Russian Federation on the undesirability of stay (residence ) in the Russian Federation, foreign citizens or stateless persons subject to release from places of deprivation of liberty, and issued by the Federal Penitentiary Service (a territorial body of the Federal Penitentiary Service) decisions not to allow entry into the Russian Federation in respect of foreign citizens or stateless persons convicted of committing an intentional crime” (Registered in the Ministry of Justice of Russia on November 7, 2018 No. 52617) // Consultant plus. The document was not published (accessed 09/01/2022).
8. Report of the Ministry of Foreign Affairs of the Russian Federation “On the situation with human rights in certain countries”, Moscow, 07/08/2021. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/humanitarian_cooperation/1795175/ (accessed 09/05/2022).
9. Vorokhobko L. Yu. Socially useful connections of those sentenced to deprivation of liberty with relatives in the process of their correction and re-education: author. dis. … cand. legal Sciences. M., 1991. 156 p.
10. Zinin G. Yu. Conviction as a consequence of criminal conviction: author. dis. … cand. legal Sciences: 12.00.08. Ryazan, 2014, p. 8.
11. Muzychenko P. B., Muzychenko Yu. P. Legal responsibility of foreign citizens in the Russian Federation. Scientific publication // Publishing house of TOGU. Khabarovsk, 2014. P. 9.
12. Subbotina O. M. Preparation for the release of convicted foreign citizens and stateless persons // Proceedings of the conference “Execution of certain types of criminal penalties: problems and ways of improvement. Ryazan, November 21-23, 2017. III International Penitentiary Forum “Crime, Punishment, Correction” (on the occasion of the 20th anniversary of the entry into force of the Penal Code of the Russian Federation): Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference. Academy of the Federal Penitentiary Service of Russia. S. 231.
CRIMINAL AND EXECUTIVE LAW
GLEBOVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Institute of law of the FPS of Russia
PITIMIROVA Ekaterina Viktorovna
cadet of the 3rd course of the Samara Institute of law of the FPS of Russia
LIABILITY OF EMPLOYEES OF THE PENITENTIARY SYSTEM FOR UNLAWFUL USE OF SPECIAL MEANS AND PHYSICAL FORCE
In modern conditions, according to statistical data, cases of the unlawful use of special means and physical force by employees of the penal enforcement system (hereinafter referred to as the UIS) are quite regular. As long as there is at least a minimum number of such cases in the system, the problem of the responsibility of the employees of the UIS will be characterized by high relevance.
The problem lies in the ineffectiveness of the legal consequences for the unlawful use of special means and physical force by the employees of the UIS. From the normative-legal position, it can be stated that there are norms on the responsibility of the employees of the UIS for the specified group of acts. Nevertheless, practice shows that such violations are characterized by a high degree of latency, as well as the lack of a real reaction from the authorized bodies to complaints that take place, including actually detected violations. In this regard, it is necessary to identify the specifics of the responsibility of the employees of the UIS for the unlawful use of special means and physical force.
Keywords: penal system, officer, responsibility, types of responsibility, special means, physical force, use, current problems.
Reference bibliographic list
1. Konarev M. Yu. Features of civil liability of employees of the penitentiary system of Russia for harm caused by the use of physical force, special means and weapons // Man: crime and punishment. – 2016. – S. 69-71.
2. Konarev M. Yu. Features of civil liability of employees of penitentiary services for the unlawful use of physical force, special means and weapons from the point of view of international law // Man: crime and punishment. – 2018. – No. 4. – P. 455-459.
3. Maskaeva I. I. Problems of compensation for harm caused by actions (inaction) or decisions of state bodies and their officials within the framework // Bulletin of the Peoples’ Friendship University of Russia. – Series: Legal sciences. – 2016. – S. 1-25.
4. Ostrikova LK Institute of obligations as a result of causing harm: the current state and ways of improvement // Actual problems of Russian law. – 2019. – No. 10 (70). – S. 68-78.
5. Pavlov I. N. Theoretical and practical aspects of the use by employees of the penitentiary system of physical force, special means and firearms // Universum: Economics and Jurisprudence. – 2021. – No. 11. – P. 26-29.
6. Ponikarov V. A., Kalutsky I. N., Smolev S. M., Stroilov S. V. Novels related to the use of physical force, special means and firearms by employees of the penitentiary system in their law enforcement activities // Man : Crime and Punishment. – 2017. – No. 3. – P. 384-389.
CRIMINAL AND EXECUTIVE LAW
KLIMYUK Liya Yaroslavovna
lecturer of Economics and management sub-faculty of the Academy of Law and Management of the FPS of Russia
ON SOME LEGAL ASPECTS OF REGULATING THE LABOR ACTIVITY OF PERSONS SENTENCED TO IMPRISONMENT
The article examines the current state of attracting convicts to work in correctional institutions. The regulatory legal acts of controversial issues concerning the payment of allowances and surcharges to convicts working in the Far North and equivalent areas, as well as the procedure for granting vacations to convicts involved in paid work, are analyzed.
Keywords: labor, imprisonment, convicts, employment, vacation, allowances, surcharges.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended on November 4, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/.
3. The Penal Code of the Russian Federation of January 8, 1997 N 1-FZ (as amended on June 11, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12940/.
4. Brief description of the penitentiary system of the Russian Federation. [Electronic resource]. – Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS.
5. Overview of information on the activities of the Federal Penitentiary Service of Russia for the 1st half of 2021. [Electronic resource]. – Access mode: https://fsin.gov.ru/statistics/obzor-informatsii-o-deyatelnosti-fsin-rossii-za-i-polugodie-2021-goda.php?sphrase_id=1507203.
6. Kalinina Yu. I. Penal law: Textbook: In 2 vols. ed. – M.-Ryazan: Logos: Academy of Law and Administration of the Federal Penitentiary Service, 2006. – P. 276-277.
7. Kopylova L. Ya. The work of convicts in places of deprivation of liberty – a duty or coercion? // Eurasian legal journal. – 2020. – No. 10 (149). – S. 320-322.
CRIMINAL AND EXECUTIVE LAW
KUZINA Evgeniya Valerjevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
KLIMONOV Pavel Alexandrovich
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
FEATURES OF THE APPLICATION OF PENALTIES IN RELATION TO THOSE SENTENCED TO CORRECTIVE AND COMPULSORY LABOR
The article discusses the mechanism of stimulating law-abiding behavior of convicts to compulsory and corrective labor. The analysis of problematic aspects arising in the process of execution of these types of punishments is carried out. The necessity of improving the legal regulation of the application of penalties in relation to convicts to compulsory and correctional labor is substantiated. The authors proposed possible amendments to the current penal enforcement legislation.
Keywords: penalties, compulsory works, correctional labor, convicts, violation of the order and conditions of serving a sentence.
Reference bibliographic list
1. Babayan S. L., Gabaraev A. Sh. Improving the system of incentives in relation to convicts to correctional labor // Bulletin of the Kuzbass Institute. – 2017. – No. 3. – S. 9-13.
2. Vatylev G. M. Application of penalties in the execution of punishments in the form of compulsory, corrective and forced labor // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2021. – No. 3. – S. 74-78. – DOI 10.52452/19931778_2021_3_74. – EDN UCOPGN.
3. Olkhovik N.V. Efficiency of criminal law, penitentiary and criminal procedural means of ensuring a non-penitentiary regime // Bulletin of the Tomsk State University. – 2012. – No. 356. – S. 125-129.
CRIMINAL AND EXECUTIVE LAW
SOKOLOV Alexander Anatoljevich
lecturer of Penal law sub-faculty of the Academy of the FPS of Russia
TRANSFER OF CONVICTED FOREIGNERS TO THEIR COUNTRIES OF CITIZENSHIP AS A BASIS FOR RELEASE FROM SERVING SENTENCES IN THE RUSSIAN FEDERATION
This article discusses the procedure and conditions for the transfer of foreign citizens acknowledged by domestic courts. The provisions of the current Russian legislation, decisions of the highest courts of the Russian Federation and international legal acts are analyzed. The difference between the concepts of “extradition” and “transfer to serve a sentence” is noted. In support of this opinion, the points of view of some scientists are given, as well as official statistics from the Federal Penitentiary Service of Russia. The institute under study is characterized as a legal fact of the end of penitentiary legal relations in the Russian Federation. As a result, the indicated normative totality is proposed to be considered as one of the grounds for exemption from serving a sentence. In view of the provisions of p. “zh” art. 172 of the Penal Code of the Russian Federation, it is proposed to consider the transfer of convicted foreigners to serve their sentences to their countries of citizenship as another basis for release from serving sentences.
Keywords: extradition, penitentiary legal relations, other grounds for release from serving a sentence, transfer of convicts, international treaties on extradition.
Reference bibliographic list
1. Inogamova-Khegay L.V. International criminal law. – St. Petersburg: Jurid. Center Press, 2003. – 495 p.
2. Lapshin V. E., Shakhanov V. V. General theoretical analysis of the penitentiary (penal) legal relationship: the moment of the end of the penitentiary legal relationship, the problem of identifying general legal relationships in the penitentiary sphere // Bulletin of the Samara Law Institute. – 2019. – No. 2. – S. 52-56.
3. Polishchuk N. I. The dualism of approaches in determining the moment of occurrence of penitentiary legal relations // Crime, punishment, correction: a collection of abstracts of speeches and reports of participants in the IV International Penitentiary Forum: (on the 140th anniversary of the penitentiary system of Russia and 85- anniversary of the Academy of the Federal Penitentiary Service of Russia): in 10 volumes – 2019. – P. 214-218.
4. Santashova LL Transfer of persons sentenced to deprivation of liberty to serve their sentence in the state of their citizenship: author. dis. … cand. juridical sciences: 12.00.09. – M., 2017. – 26 p.
5. Khvan T. S. Problems of realization of some rights by convicted foreign citizens in places of deprivation of liberty // Petersburg Penitentiary Conferences. Proceedings of conferences in 4 volumes. – St. Petersburg, 2021. Vol. 1. – P. 247-253.
OPERATIONAL SEARCH ACTIVITY
BUZULUKSKIY Pavel Vitaljevich
adjunct of the 4th course of the correspondence education of the Academy of the FPS of Russia, captain of the internal service
PROBLEMS AND WAYS TO IMPROVE THE EXECUTION OF PUNISHMENT IN THE FORM OF DEPRIVATION OF LIBERTY
The article analyzes the main problems of the execution of punishment in the form of deprivation of liberty in correctional institutions. Recommendations are offered to improve the process of execution of punishment in relation to convicted women; providing better quality medical care to convicts, organizing specialized sports grounds and sports equipment in correctional facilities.
Keywords: execution of punishment, deprivation of liberty, correctional institution, medical care.
Reference bibliographic list
1. Report “On the observance of human and civil rights and freedoms in the Ivanovo region and the activities of the Commissioner for Human Rights in the Ivanovo region in 2017”. – Ivanovo, 2018. – S. 103.
2. Health protection and medical care in places of detention. Possibilities of public control and its results. – M.: Griffon, 2021. – S. 34.
CRIMINALISTICS
DVORYANOV Ilya Borisovich
Ph.D. in Law, associate professor of International police cooperation and combating crime through Interpol channels sub-faculty of the All-Russian Institute for Advanced Training of the MIA of Russia
THE IDENTITY OF THE PERPETRATOR OF THE UNLAWFUL CONVERSION OF CIVILIAN WEAPONS
The article is dedicated to the characteristic features of the personality of the offender, who carries out illegal alteration of civilian weapons. On the basis of the results of the study of investigative and judicial practice such personal traits as gender, age, marital status, level of education and a number of others are analyzed. The totality of these features allows us to describe a typical personality of the above-mentioned offender.
Keywords: typical personality of the offender, illegal conversion of civilian weapons.
Reference bibliographic list
1. Belkin R. S. Problems, trends, prospects. From theory to practice. – M., 1988. – S. 178.
2. For more details, see Dvoryanov I. B. Methods of investigating the illegal alteration of civilian weapons: dis. … cand. legal Sciences: 12.00.12. – M., 2019. – 245 p.
3. Materials of the archival criminal case No. 1-299/16 of the Izobilnensky District Court of the Stavropol Territory.
4. Materials of the archival criminal case No. 1-2/2014 of the Sergokalinsky District Court of the Republic of Dagestan.
5. Gadzhimetov A. A. Criminological features of the personality of a criminal-manufacturer of weapons // Gaps in Russian legislation. – 2017. – No. 7. – S. 22-24.
6. Murkshtis M. I. Features of the personality of criminals in the field of illegal arms trafficking // Bulletin of the All-Russian Institute for Advanced Studies of Employees of the Ministry of Internal Affairs of the Russian Federation. – 2017. – No. 3 (43). – S. 85-90.
7. Obraztsov V. A. Forensic characteristics of the offender and its connection with the victim and other structural elements of the crime event // Forensic victimology. – Irkutsk, 1980. – S. 45.
8. Robak V. A. Criminological characteristics of the personality of a criminal who has committed crimes in the field of illegal arms trafficking. Izvestiya of the South-Western State University. – 2017. – Vol. 2. – No. 3 (72). – S. 141-147.
CRIMINALISTICS
IVANOVA Lyudmila Apollonovna
Ph.D. in Law, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
SHUSTIKOVA Mariya Vladimirovna
adjunct of the East Siberian Institute of the MIA of Russia, Irkutsk
FEATURES OF THE INSPECTION OF THE SCENE OF THE ACCIDENT AND THE INSPECTION OF THE SITE AREAS
The article discusses the basic principles of the inspection of the scene, their classification, the opinions of some forensic scientists. An investigative examination, as an investigative action, is a direct discovery, perception and study by the investigator of objects, their features, properties, state and relative position that are important for the investigation of the case.
Keywords: inspection, place, material traces, technical means, additional inspection.
Reference bibliographic list
1. Baev O. Ya. Tactics of investigative actions: Proc. allowance. – Voronezh: NPO “MODEK”, 1995. – 224 p.
2. Belkin R. S. Livshits E. M. Tactics of investigative actions. – M.: Lawyer, 2011. – 176 p.
3. Belkin R. S. Forensic Encyclopedia. – M., 1997. – 334 p.
4. Biryukov V. V., Biryukova T. P. Inspection of the scene: organizational and tactical bases for optimizing its production and fixing the results // Criminal procedure and criminalistics. – 2017. – No. 5. – P. 33-44.
5. Bulbacheva A. A. Actual problems of inspection of the scene // Proceedings of the Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 2. – P. 97-100.
6. Pinchuk L. V. To the question of the concept of the scene // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 5. – S. 228-230.
7. Ryzhakov A.P. Inspection: grounds and order of production: Nauch.-prakt. allowance. – M., 2014. – 144 p.
8. Torbin Yu. G. Traces and special signs on living persons (criminal procedural and forensic aspects of detection and use). – M.: Yurlitinform, 2006. – 432 p.
9. Khizhnyak D.S. Inspection of the scene: Proc. allowance. – M.: GrossMedia, 2007. – 93 p.
CRIMINALISTICS
MASHLYAKEVICH Vyacheslav Andreevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
SOME FEATURES OF THE FORENSIC PHONOSCOPIC EXAMINATION IN THE INVESTIGATION OF FRAUD COMMITTED WITH THE USE OF TELEPHONE COMMUNICATIONS
The article explores the possibilities of phonoscopic examination in relation to the procedure for verifying the reliability of the testimony of the suspect, the accused. Based on the analysis of empirical material, as well as scientific sources, the author determines the features of the use of expert research in order to identify persons who have committed fraudulent actions using telephone communications. To ensure these processes, options for posing questions by the investigator to the expert are proposed. The category of criminal acts in which the considered activity of the investigator will be relevant has been determined.
Keywords: forensic phonoscopic examination, telephone fraud.
Reference bibliographic list
1. Gryazeva N. V., Nekrasov A. P. Actual methods of committing fraud using cellular communications in institutions of the penal system // Bulletin of the Samara Law Institute. – 2020. – No. 4 (40). – S. 33-42.
2. Kruchinina N. V. Some methods for verifying the reliability of testimony // Bulletin of the Russian New University. Series “Man and Society”. – 2019. – Issue 4. – P. 129-135.
3. Romanov A. A., Mashlyakevich V. A. On modern methods of fraud committed using mobile communications // Eurasian Law Journal. – 2021. – No. 10 (161). – S. 254-255.
4. Smagorinsky B. P., Dyakonov M. S., Dronova O. B. On the methods of committing fraud using cellular communications // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 2 (29). – S. 98-104.
5. Cherepovich A. V. The value of a codified language norm in solving identification of forensic tasks of forensic examination of sound recordings // Questions of Criminology, Forensic Science and Forensic Science. – 2014. – No. 2 (36). – S. 102-107.
CRIMINALISTICS
SAFONOV Denis Andreevich
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE SIGNIFICANCE AND PROBLEMS OF THE RESEARCH OF THE SUBJECT OF CRIMINAL ENCROACHMENT IN THE INVESTIGATION OF ILLEGAL CUTTING OF FOREST PLANTING
The article discusses separate problematic aspects of the investigation of crimes related to illegal cutting of forest planting, in particular, the features and significance of the study of the subject of criminal encroachment to establish the objective side of the data of illegal actions are indicated. The main factors are considered that affect the choice of criminals of certain woody trees and the place of their growth. On the example of practice materials of forensic practice and official statistics show conclusions about the most common breeds of trees that are subject to illegal cutting.
Keywords: crime investigation methodology, criminalistic characteristics of crimes, illegal logging of forest plantations, the subject of criminal encroachment, environmental crimes, criminalistic tactics, technical and forensic means.
Reference bibliographic list
1. Avialesookhrana assessed the expansion of forest fires in Russia. [Electronic resource]. – Access mode: https://https://www.gazeta.ru/social/news/2022/05/19/17765804.shtml?updated.
2. Fatkulin S. T., Grishchenko V. A. The subject of a crime under article 260 of the Criminal Code of the Russian Federation // Law and order: history, theory, practice. – 2018. – No. 4 (7). – S. 123.
3. On the application by the courts of legislation on liability for violations in the field of environmental protection and nature management: Decree of the Plenum of the Supreme Court of the Russian Federation of October 18, 2012 No. 21. [Electronic resource]. – Access mode: https://base.garant.ru/70246708/ (date of access: 20.08.2022).
4. Judgment no. 1-36/2021 dated March 29, 2021 in case no. 1-36/2021. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/e7NSBRigi76x/ (date of access: 20.08.2022).
5. Judgment no. 1-33/2021 dated March 22, 2021 in case no. 1-33/2021. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/kekBIBRntc5w/
CRIMINOLOGY
ABDULATIPOV Abdulatip Magomedzagidovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University
URUMOV Asker Valerievich
Ph.D. in Law, senior lecturer of Special and technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
FEATURES OF TERRORIST STRUCTURES “SLEEPING CELLS” FORMATION (ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN)
The article is dedicated to the peculiarities of “sleeping cells” formation, which are one of terrorist activity dominant technologies at present. The authors note that the factors contributing to the formation of these cells may be specific for each region of the Russian Federation. The study shows that to a large extent the problem of citizens’ exposure to involvement in this activity is connected not only with unresolved internal social and economic problems, social tension, large-scale corruption in society, their low employment in socially useful work, fierce struggle of various clans and groups for access to budget funds, but also with the activities of certain political circles of foreign states, their special services, aimed at weakening the position of Russia on the world stage in every possible way. On the example of the Republic of Dagestan, the most significant determining factors of the formation of “sleeping/frozen” terrorist cells are considered. The key problems that may arise in the future in the field of countering terrorism and extremism in the republic are formulated.
Keywords: terrorism, extremism and terrorism oriented crimes, terrorist community, terrorist cell, “sleeping cells”, recruitment activities, terrorist activities of network structures, information and propaganda work, anti-terrorist strategy.
Reference bibliographic list
1. Buraeva L. A. “Sleeping cells” and “dormant” loners as one of the main technologies of ISIS terrorist activity // Problems of Economics and Legal Practice. 2018. No. 5. S. 263-265.
2. Abdulatipov A. M., Magomedov B. Sh. On the issue of involving citizens in terrorist and extremist activities (on the example of the Republic of Dagestan) // Legal Bulletin of the DSU. 2018. No. 2. S. 134-140.
3. Abdulatipov A. M. On the experience of law enforcement agencies of the Republic of Dagestan in countering extremism and terrorism // Law and State: problems of methodology, theory and history: materials of the International Scientific and Practical Conference (May 10, 2018) / Editorial Board: L V. Karnaushenko, I. V. Yablonsky, G. P. Kurdyuk. Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2018. P. 182-194.
CRIMINOLOGY
AGARKOVA Tatyana Konstantinovna
lecturer of Criminal process sub-faculty of the Kaliningrad branch of the St. Petersburg University of the MIA of Russia
GAUZHAEVA Viktoriya Alexandrovna
Ph.D. in Law, associate professor of Special-technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PROKOFJEVA Elena Vasiljevna
Ph.D. in physical and mathematical sciences, associate professor of Criminalistics techniques sub-faculty of the Educational and Scientific Complex of Forensic Expertise of the Volgograd Academy of the MIA of Russia
KHANINA Natalya Vladimirovna
Ph.D. in Law, associate professor of Economics and management sub-faculty of the Kaliningrad branch of the Moscow University of Finance and Law
GENERAL CHARACTERISTICS OF DRUG CRIME IN RUSSIA
Official statistics for 2021-2022 allows us to consider the full scale of illicit drug trafficking in modern Russia. This circumstance determines the objective need for the development and adoption of evidence-based measures to counter this phenomenon. This article is devoted to the consideration of the general characteristics of drug crime in the Russian Federation. Up-to-date statistics and analytics on drug crime have been added. The ways of optimizing the investigation of crimes of this category are considered.
Keywords: drug crime, drug trafficking, narcotic drugs and psychotropic substances, detection and investigation of crimes.
Reference bibliographic list
1. Gotchina L. V. Criminological characteristics of Russian drug crime: structure, dynamics and forecast // All-Russian Criminological Journal. – 2017. – T. 11. – No. 4. – S. 767-775.
2. Decree of the President of the Russian Federation of November 23, 2020 No. 733 “Strategy of the state anti-drug policy of the Russian Federation for the period until 2030”. [Electronic resource]. – Access mode: http://static.kremlin.ru/media/events/file/ru/ZAgYxcqq1IKueTyaLIjTATA23PraYrDr.pdf. – Text: electronic.
3. The Prosecutor General’s Office of the Russian Federation. Legal statistics portal: official site. – Moscow. – Updated throughout the day. [Electronic resource]. – Access mode: http://crimestat.ru/offenses_map.
4. The Ministry of Internal Affairs of Russia publishes information on the state of crime for eight months of 2022. [Electronic resource]. – Access mode: http://mvdmedia.ru.
5. Brief description of the state of crime in the Russian Federation for January – September 2022. [Electronic resource]. – Access mode: http://mvd.rf/reports/item/33388812/.
6. Shadrin A. M. Essence of disclosure of crimes related to drug trafficking, operational-search method. [Electronic resource]. – Access mode: http://wiselawyer.ru.
CRIMINOLOGY
KOLESNIKOVA Irina Evgenjevna
Ph.D. in philological sciences, senior lecturer of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
INVESTIGATION OF CRIMES USING NON-VERBAL COMMUNICATION
The article examines the means of non-verbal communication used in the investigation of crimes. Analyzes semiotics, which may indicate the falsity or veracity of the information reported by the person. The author explores some of the techniques used by the investigator in the production of investigative actions.
Keywords: truth, lie, semiotics, means of non-verbal communication, investigative actions, investigation.
Reference bibliographic list
1. Alferov Yu. A. Non-traditional methods of studying criminals (visualism and phrenology). – Domodedovo: RIPK Ministry of Internal Affairs of the Russian Federation, 1998.
2. Akishina A. A., Akishina T. E., Kano H. Gestures and facial expressions in Russian speech. Linguistic and regional dictionary. – Moscow: URSS, 2010. – 345 p.
3. Belkin R. S. Criminalistics: problems, trends, prospects. General and private theories. – M.: Yurid. lit., 1987. – 272 p.
4. Enikeev M. I. Obraztsov V. A. Eminov V. E. Investigative actions: psychology, tactics, technology: textbook. allowance. – M.: TK Velby, Prospect Publishing House, 2008. – 216 p.
5. Komisarova Ya. V., Semenov V. V. Features of non-verbal communication during the investigation of crimes: textbook. allowance – M.: Yurlitinform, 2004. – 224 p.
6. Konovalova V. E., Shepitko V. Yu. Fundamentals of legal psychology: textbook. – 2nd ed. – Kharkov: Odysseus, 2006. – 352 p.
7. Kreidlin G. E. Language and semiotics of the body / Collective monograph in 2 volumes. Vol. 1: Body and corporality in natural language and sign language – M .: New Literary Review, 2020. – 944 p.
8. Lutsenko O. A. Non-verbal communications in the investigation of crimes // Actual problems of modern criminology // Materials of the scientific and practical conference: In 2 hours, Simferopol – Alushta, September 19-21, 2002 – Simferopol: Share, 2002 – pp. 137-144.
9. Lutsenko O. A. Formation of the special course “Forensic non-verbalism” // Criminalistics: topical issues of theory and practice. All-Russian “round table” (June 15-16, 2000, Rostov-on-Don): Sat. theses. – Rostov n / D: RUI of the Ministry of Internal Affairs of the Russian Federation, 2000. – S. 53-56.
10. Obraztsov V. A., Bogomolova S. N. Criminals static psychology. – M .: Unity-Dana, Law and Law, 2002. – 448 p.
11. Panasyuk A. Yu. And what is in his subconscious? (12 lessons on the psychotechnology of penetration into the subconscious of the interlocutor). – M.: Delo, 1996. – S. 46.
12. Protasevich A. A., Obraztsov V. A. Disclosure of murders: non-traditional methods, techniques, recommendations. Essays on the theory and practice of investigative work. – Irkutsk: Izd-vo IGEA, 1998. – P. 91.
13. Semenov VV Procedural and forensic problems of using non-verbal information in the investigation of crimes: Abstract of the thesis. … candidate of legal sciences: 12.00.09 / Sarat. legal in-t of the Ministry of Internal Affairs of the Russian Federation. – Saratov, 2003. – 22 p.
14. Enfield N. Lip-pointing: A discussion of form and function with reference to data from Laos // Gesture. – 2002. – Vol. 2. No. 1. – R. 185-211.
15. Kendon A. Gestures as illocutionary and discourse structure markers in Southern Italian conversation // Journal of pragmatics. – 1995. – Vol. 23. – R. 247-279.
16. Munari B. Il dizionario dei gesti italiani. – Bergamo: Adn kronos Libri, 1997. Nemirovsky et al.
17. Wierzbicka A. Emotion, language and “cultural scripts” // Kitayama S. and Markus H. (eds.). Emotion and culture: Empirical studies of mutual influence. – Washington: American Psychological Association, 1994. – R. 130-198.
CRIMINOLOGY
PLOTNIKOV Dmitry Vladimirovich
senior lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
SEREDA Yuliya Sergeevna
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
RAGZIN Nikita Sergeevich
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
ISSUES OF CRIME PREVENTION ON THE INTERACTION OF EXPERT INSTITUTIONS WITH INVESTIGATIVE AUTHORITIES AND COURTS FOR THE IMPLEMENTATION OF PROPHYLACTIC PROPOSALS
Coordination of law enforcement activities in the prevention of offence is an important condition for the successful implementation of special measures to prevent them. Successful organization of interaction between expert institutions with investigative bodies and the court in the field of crime prevention involves a systematic analysis of the state of preventive activities of each subject of interaction, identification of possible directions and forms of interaction, selection of the most rational of them, development of measures for the effective use of special knowledge for the prevention of offenses. The article relates a number of issues of implementation of proposals of practical bodies for crime prevention.
Keywords: crime prevention, interaction of services, expert institutions.
Reference bibliographic list
1. Nazarov S. V. Appointment, production and evaluation of the results of an autotechnical examination at the preliminary investigation: dis. … cand. legal Sciences: 12.00.09: defended 1999. – Moscow, 1999.
2. Borchashvili I. Sh. Expert prophylaxis. Statement of the problem // Forensic Library. Science Magazine. – 2017. – No. 2 (31). – S. 256-265.
CRIMINOLOGY
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KURLOVICH Pavel Nikolaevich
Ph.D. in philological sciences, associate professor of Administrative law, administrative activities and management of the internal affairs bodies sub-faculty of the Kazan Law Institute of the MIA of Russia
ROMANYUK Vladimir Stanislavovich
Ph.D. in pedagogical sciences, associate professor of Administrative law, administrative activities and management of the internal affairs bodies sub-faculty of the Kazan Law Institute of the MIA of Russia
SOME PROBLEMS OF VICTIMOLOGY AS A CRIMINOLOGICAL CATEGORY
In recent years, scientists have begun to raise a question that is interconnected with the study of the victims of the crime itself and the introduction of such a concept as victimological prevention into the process of crime prevention itself. To do this, along with the study of the very individual properties of the personality of the offender, it is also necessary to pay attention to the personality of the victims. Understanding them is necessary, since the very commission of a crime is the result of the interaction of a certain living environment with the established antisocial attitudes of the personality of the perpetrator. A scientific article is dedicated to these topical issues.
Keywords: victimology, criminology, concept, problems, prevention, classification.
Reference bibliographic list
1. Alekseev A. I., Gerasimov S. I., Sukharev A. Ya. Criminological prevention: theory, experience, problems. – M., 2016. – S. 496.
2. Arakelyan K. N., Airapetyan D. R. Victimology as an actual direction in the development of science // Science and education. – 2016. – No. 3-4. – S. 85-90.
3. Varchuk T. V. Victimology: textbook. allowance for I am a university student majoring in jurisprudence. – M.: UNITI DANA; Law and Law, 2018. – S. 191.
4. Sakharov A. A. The personality of the offender and the typology of criminals. Sots. legitimacy. – 2016. – No. 3. – S. 18-25.
5. Arakelyan K. N. Victimology as a branch of legal psychology: an excursion into the history of its origin // Collection of abstracts of the participants of the interuniversity scientific and practical Internet conference on legal psychology. – M.: MGPPU, 2018. – S. 4-8.
6. Sinenko S. A. Ensuring the rights and legitimate interests of the victim in criminal proceedings: monograph. – Khabarovsk, 2013. – S. 144.
CRIMINOLOGY
STEPANENKO Diana Arkadjevna
Ph.D. in Law, professor, professor of Criminalistics, forensic examinations and legal psychology sub-faculty of the Baikal State University, Irkutsk
FORMATION OF CRIMINOLOGICAL DATABASES USING BLOCKCHAIN TECHNOLOGIES
In the context of the development of digitalization of society and all aspects of human activity, it is necessary to use new digital tools that will allow for a more flexible response to changes in society. One of these tools is the blockchain, which can be considered as a new instrumental way of forming criminological databases, which has a high degree of protection for the transmission and storage of data contained in them. The object of the study is digital criminology, as a combination of methods of digital profiling and information storage, including digital traces. The subject of the study is the blockchain, as a unified database formed in which the necessary criminological data is recorded in an immutable register. Research results: 1. The theoretical description of blockchain technology as an element of digital criminology is presented; 2. The author’s description of the use of blockchain is presented in the form of meaningful steps from the formation of a database to the use of addresses, public and private keys.
Keywords: digital criminology, digital footprint, digital data, digital address, cryptography, verification.
Reference bibliographic list
1. Khisamova Z. I., Begishev I. R. Digital crime in a pandemic: main trends // All-Russian journal of criminology. – 2022. – T. 16. – No. 2. – S. 185-198. – DOI 10.17150/2500-
4255.2022.16(2).185-198. – EDN GNPYZX.
2. Lantukh E. V., Ishigeev V. S., Gribunov O. P. The use of special knowledge in the investigation of crimes in the field of computer information
// All-Russian criminological journal. – 2020. – T. 14. – No. 6. – S. 882-890. – DOI 10.17150/2500-
4255.2020.14(6).882-890. – EDN VHTUKP.
3. Umarov Kh. S. Influence of blockchain technologies on the transformation of state and corporate processes // Discussion. – 2021. – No. 6 (109). – S. 28-
36. – DOI 10.46320/2077-7639-2021-6-109-28-36. – EDN NGQBHZ.
4. Serebrennikova A. V. Criminological problems of the digital world (digital criminology)
// All-Russian criminological journal. – 2020. – T. 14. – No. 3. – S. 423-430. – DOI 10.17150/2500-
4255.2020.14(3).423-430. – EDN WOBXFD.
CRIMINOLOGY
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
SOME CRIME TRENDS IN MODERN CONDITIONS
In the article, on the basis of a comprehensive analysis of official statistical data, a brief study of the state of crime is carried out. The changes that have manifested themselves against the background of a special military operation have been identified. In particular, it has been established that the number of registered crimes of a terrorist nature and extremist orientation, as well as theft and extortion of weapons, is growing. It is determined that this is happening against the background of a growing trend towards an increase in the number of crimes committed by organized groups or criminal communities, among the participants of which a sharp increase in minors by 75.5% is recorded. In January-September 2022, the number of extortion increased by almost a quarter. The author also investigates other crime trends in modern realities, as well as formulated some preventive proposals.
Keywords: crime, structure of crime, dynamics of crime, causes of crime, social changes in society.
Reference bibliographic list
1. Repetskaya A.L., Rybalska V. Ya., Repetskaya A. L., Rybalskaya V. Ya. Criminology. A common part. – Irkutsk: Irkut. state economy acad., 1999. – 240 p.
2. Peshcherov G. I. Relationship between crime and socio-political conditions in society: Russian experience // Power. – 2022. – T. 30. – No. 1. – S. 203-210.
3. The state of crime // Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/33388812/. (Accessed: 11/14/2022).
4. Labor resources, employment and unemployment. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/labour_force. (Accessed: 11/14/2022).
5. The Ministry of Internal Affairs spoke about the damage from crimes in Russia for nine meters months. – [Electronic resource]. – Access mode: https://ria.ru/20221029/mvd-1827700391.html. (Accessed: 11/14/2022).
CRIMINOLOGY
TUTOVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF TRACE FORMATION IN THE COMMISSION OF CRIMES IN THE FIELD OF INFORMATION AND COMMUNICATION TECHNOLOGIES
The article describes the features of trace formation in the commission of crimes in the field of information and communication technologies. The types of traces that law enforcement officers face when investigating crimes in the field of information and communication technologies are shown. The article describes where these traces may be located. In addition, it is proposed as one of the ways to combat crimes committed in the field of information and communication technologies, consideration of the specifics of committing such crimes with students. It is noted that consideration of the features of trace formation in the commission of crimes in the field of information and communication technologies forms the basic skills of students to search for traces in the commission of such crimes.
Keywords: crime in the field of information and communication technologies, the mechanism of trace formation, the specifics of traces of crimes in the field of information and communication technologies.
Reference bibliographic list
1. Butkevich S. A. Security in the virtual space (counter-extremist discourse) // Personality in the information space: problems and prospects for research: Monograph / Edited by S. A. Butkevich. – Simferopol: Polyprint, 2020. – P. 5-13.
2. Shagaeva A. A. The concept and classification of traces in traceology // Alley of Science. – 2017. – No. 16. T. 4. – S. 43-45.
3. Vvedenskaya O. Yu. Features of trace formation when committing crimes through the Internet // Legal Science and Law Enforcement Practice. – 2015. – No. 4 (34). – S. 209-216.
4. The activities of the internal affairs bodies in combating crimes committed using information, communication and high technologies: textbook: in 2 hours / [A. V. Anosov and others]. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. – Part 1. – 208 p.
5. Workshop on Russian criminal law / Ed. prof. F. R. Sundurova, M. V. Talan, I. A. Tarkhanov. – M.: Statute, 2014. – 520 p.
ADMINISTRATIVE LEGAL PROCEEDINGS
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor of the Kuban State University
MITASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
SOME ISSUES OF THE USE OF ARTIFICIAL INTELLIGENCE IN ORDER PRODUCTION
The article discusses some issues that reveal the problems of using the artificial intelligence system in court proceedings, explores the possibility of its use in writ proceedings. The inevitable shortcomings and risks in the creation, management and responsibility of artificial intelligence are noted questions about the responsibility of artificial intelligence, the promotion of artificial intelligence to eradicate corruption in the judicial system, as well as the issue of the effectiveness of the courts as one of the goals of using artificial intelligence are revealed.
Keywords: artificial intelligence, court order, replacement of a judge, writ proceedings, problems of artificial intelligence implementation.
Reference bibliographic list
1. Zelenskaya L. A. Some aspects of the use of various technologies in legal proceedings // Law and practice. – 2022. – No. 2. – P. 161-165.
2. On the development of artificial intelligence in the Russian Federation (together with the “National Strategy for the Development of Artificial Intelligence for the period until 2030”): Decree of the President of the Russian Federation of October 10, 2019 No. 490 // SZ RF. –2019. – No. 41. – Art. 5700.
3. Zhuravleva M. D. On the issue of the introduction and use of artificial intelligence systems in civil proceedings // Humanitarian and political and legal research. – 2021. – No. 1(12). – S. 20-28.
4. Zelenskaya L. A. Some questions of the correlation of writ and simplified proceedings in the civil process // Scientific support of the agro-industrial complex: Collection of abstracts based on the materials of the All-Russian (national) conference, Krasnodar, December 19, 2019 / Responsible for the issue A. G. Koshchaev. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2019. – P. 365-366.
5. Momotov V. V. Artificial intelligence in legal proceedings: state, prospects for use // Bulletin of the O. E. Kutafin University (MSLA). – 2021. – No. 5 (81). – S. 188-191.
6. Drozdov A. G., Malyshev E. A. Artificial intelligence in the evolution of the status of a judge // Legal status of a judge, prosecutor and lawyer in Russia and foreign countries: Collection of scientific articles. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 136-141.
LAW ENFORCEMENT OR GHANA
Arhipov Evgeniy Vladimirovich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
LIHOVA Alyona Alexandrovna
student of the Barnaul Law Institute of the MIA of Russia
CURRENT PROBLEMS OF FIREARMS TRAINING IN INTERNAL AFFAIRS BODIES: THEORETICAL AND PRACTICAL ASPECTS
The article is dedicated to some problems of fire training in educational institutions of the Ministry of Internal Affairs of Russia. The article considers the need to improve the methodology, the creation of a remote course of fire training of employees of internal affairs bodies. The distance course combined with the traditional education process, in our opinion, will contribute to improving the level and skill of handling weapons.
Keywords: fire training, the use of weapons, methods, distance learning, education system, traditional educational process.
Reference bibliographic list
1. Vasilyeva T. B. The use of electronic shooting simulators in the methodology of teaching fire training in educational organizations of the Ministry of Internal Affairs of Russia // Scientific component. – 2019. – No. 3 (3).
2. Psychological preparation of police officers for professional activities: textbook.-method. allowance / M. I. Maryin [and others]. – Ruza: Moscow regional branch of the Moscow University of the Ministry of Internal Affairs of Russia, 2014.
3. Dmitriev A. V. The initial stage of development of electronic shooting simulators (late XX – early XXI century) // Bulletin of economic security. – 2016. – No. 1.
LAW ENFORCEMENT AUTHORITIES
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
“FIRE TRAINING” IN VARIOUS FORMS OF EDUCATION: FEATURES OF MASTERING
The article considers all forms of training students of law faculties of colleges and educational institutions of higher education in fire training. The positive and negative sides associated with conducting training sessions with weapons in the discipline “Fire training” are identified. Given the militarization of modernity, the topic is in trend and requires the attention of specialists and managers. Weapons training, as well as automobile training, should become the norm for all forms of education, including high school.
Keywords: law enforcement, officer training, shooting, firearms training, Makarov pistol, Kalashnikov rifle.
Reference bibliographic list
1. Baikin R. F. Integrating the elements of the circuit training method into the methodology for conducting practical exercises in fire training // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (28). – S. 97-101.
2. Hoffman A. A. The use of distance learning technologies in the process of teaching the discipline “Fire training” // Pridneprovsky scientific bulletin. – 2022. – No. 2. – T. 4. – S. 78-82.
3. Meshcheryakova E. I., Sibirko M. A. Fire training as a condition for the formation of moral and psychological stability // Psychopedagogy in law enforcement agencies. – 2011. – 64 p.
4. Russian newspaper. – 2012. – 31 Dec.
LAW ENFORCEMENT AUTHORITIES
KALYUZHNAYA Olga Vasiljevna
Ph.D. in historical sciences, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
ON THE ISSUE OF FORMING THE IMAGE OF EMPLOYEES OF THE PENITENTIARY SYSTEM IN THE PUBLIC MIND THROUGH SOCIAL NETWORKS
The article deals with the problem of forming a positive image of the penal system of the Russian Federation and reducing the risk of reputational losses for the employees of the Federal Penitentiary Service by changing the format of interaction between departmental press-services and the media and the active use of social media. The necessity of using advanced approaches to positioning of public authorities in the media is highlighted. Conclusions are drawn on the importance of updating the regulatory framework.
Keywords: corporate accounts, image, media culture, reputation, media, social networks, Federal Penitentiary Service, penitentiary system.
Reference bibliographic list
1. Gritsenko A. About social networks of public authorities [website]. [Electronic resource]. – Access mode: https://document.wikireading.ru/86651 (date of access: 09/29/2022).
2. Ezhova O. N., Semikina A. P. The image of an employee of the penitentiary system: a psychological aspect // Bulletin of SUI. – 2020. – No. 2 (38). – P.113-119.
3. Loseva S. N., Drozdova E. A. Some problems of forming a positive image of the criminal-executive system // Modern lawyer. – 2019. – No. 1 (26) January-March. – S. 153-161.
4. On Amendments to the Federal Law “On Ensuring Access to Information on the Activities of State Bodies and Local Self-Government Bodies” and Article 10 of the Federal Law “On Ensuring Access to Information on the Activities of Courts in the Russian Federationii” (in terms of creating official pages of state bodies, local governments or subordinate organizations). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/68371-8 (date of access: 09/29/2022).
5. Authorities will create official pages in social networks. [Electronic resource]. – Access mode: http://duma.gov.ru/news/54295/ (date of access: 29.09.2022).
LAW ENFORCEMENT AUTHORITIES
MANSUROVA Zilya Rakhimlanovna
Ph.D. in medical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
ASYANOVA Svetlana Rifovna
Ph.D. in pedagogical sciences, Head of the Press service of the Sterlitamak branch of the Ufa University of Science and Technology, retired colonel of police
PROFESSIONAL AND PSYCHOLOGICAL TRAINING OF POLICE OFFICERS
The article discusses the personal factors of the readiness of IAB employees to work in extreme conditions. The formation of professional attitudes of IAB employees is influenced by socio-psychological factors and the ability of an IAB employee’s personality to self-regulate behavior during solving operational and service tasks.
Keywords: police officer, extreme conditions, professional and psychological training, self-regulation, trainings.
Reference bibliographic list
1. Asyanova S. R. Fundamentals of psychological and pedagogical techniques in law enforcement // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (84). – S. 90-96.
2. Makarenko A. S. Sobr. op. – In 7 vols. – Vol. 5. – M.: Ed. APN RSFSR, 1958. – 783 p.
3. Mansurova Z. R., Agliullin D. R. Stress resistance among law enforcement officers // Eurasian legal journal. – 2021. – No. 4 (155). – S. 383-385.
4. Mansurova Z. R. Professional and psychological resistance of cadets to the impact of extreme situations // In the collection: Psychological and pedagogical aspects of the formation of the development of an internal affairs officer in conditions of university training. Interdepartmental scientific-practical conference: a collection of scientific papers. Comp. A. A. Bazulina. – Moscow, 2021. – S. 299-301.
LAW ENFORCEMENT AUTHORITIES
PARASHEVINA Elena Anatoljevna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation.
KUTSENKO Katerina Sergeevna
senior lecturer of Prosecutorial supervision and participation of the prosecutor in civil arbitration and administrative procedure sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
THE ROLE OF THE PROSECUTION AUTHORITIES OF THE RUSSIAN FEDERATION IN COUNTERING THE LEGALIZATION OF DIGITAL CURRENCIES THROUGH THE USE OF INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
This article examines the theoretical and practical aspects of the implementation of priority measures to ensure the security of the economic system of the Russian Federation and prevent the merger of criminal communities with legal businesses, as well as countering the legalization of criminal proceeds. The place and importance of the prosecutor’s office of the Russian Federation is determined. The judicial, prosecutorial practice and the most frequent violations in this area are analyzed.
Keywords: information technologies, communication technologies, cryptocurrency, digital currency, economic system, national project, bitcoin, financial transactions, prosecution authorities, state power.
Reference bibliographic list
1. Information Letter of the General Prosecutor’s Office of the Russian Federation dated July 30, 2018 No. 12-09-2018 “On the reasons for the courts to issue rehabilitating decisions in criminal cases on the legalization of funds or other property acquired by criminal means”.
2. Order of the Prosecutor General of the Russian Federation dated March 14, 2019 No. 192 “On the organization of prosecutorial supervision over the implementation of legislation in the implementation of national projects”. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf.
3. Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated April 5, 2013 No. 44-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_144624/.
4. [Electronic resource]. – Access mode: https://smotrim.ru/article/1256022?amp-page=enabled (date of access: 09/04/2022).
5. Official website of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf (date of access: 09/04/2022).
6. Official website of the Ministry of Finance of the Russian Federation. [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/ (date of access: 09/04/2022).
PROSECUTOR SUPERVISION
RUDYKH Svetlana Nikolaevna
Ph.D. in Law, associate professor, Head of Civil law disciplines sub-faculty of the Irkutsk Law Instituteute (branch) of the University of the Prosecutor’s Office of the Russian Federation
PROTECTION BY THE PROSECUTOR OF THE RIGHTS OF ENTREPRENEURS IN THE PROVISION OF STATE AND MUNICIPAL SERVICES
The article focuses on the role of the prosecutor’s office in ensuring the rule of law in the provision of state and municipal services to entrepreneurs in the light of the implementation of state policy to reduce undue pressure on business. Typical violations of state authorities of the subjects of the Russian Federation and local self-government bodies in the provision of state and municipal services are given, as well as examples of court decisions made on the claims of prosecutors.
Keywords: prosecutor’s supervision, protection of the rights of entrepreneurs, state and municipal services, administrative regulations, administrative procedures, multifunctional center.
Reference bibliographic list
1. Palamarchuk A. V. Tasks of prosecutorial supervision over the execution of laws on the protection of the rights of entrepreneurs // Legitimacy. – 2014. – No. 5. – P. 3-7.
2. Nozdrachev A. F. System regulation of administrative activity: domestic doctrine and practice // Legislation and economics. – 2011. – No. 8. – P. 18.
SAFETY AND LAW
NAGOEVA Marina Auyesovna
Ph.D. in pedagogical sciences, professor of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
TOPICAL ISSUES OF THE DEVELOPMENT OF MODERN INTERNATIONAL EXTREMISM
The article discusses the features of the emergence of the term “extremism”, its development at various stages of social life. The author reveals the main trends in the growth and development of extremism in the world, as well as ways and methods of combating the spread of international extremism. The author draws attention to the influence of extremism on the social, economic, political and public spheres of life of the state and society.
Keywords: extremism, crime, law enforcement agencies, history of extremism, international terrorism.
Reference bibliographic list
1. Botvin I. V. Combating extremism: justified necessity or modern trend // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1. – S. 26-28.
2. Kadykhanova S. A., Salina E. V., Shapovalova V. A. Prevention as one of the methods of combating extremism and terrorism // Bulletin of the Amur State University. Series: Humanities. – 2020. – No. 88. – S. 42-44.
3. Karatanov M. S., Zhusupova G. B. The role of international organizations in the fight against international terrorism and extremism // Nauka. – 2020. – No. 4 (67). – S. 113-117.
4. Kolpacheva O. Yu., Sivolobova N. A., Avdeeva L. N. Approaches to the problem of combating extremism among youth // Modern Science. – 2020. – No. 5. – S. 141-145.
5. Kubasov A. L. Extremism as a means of political struggle in the modern world // Ius Publicum et Privatum. – 2018. – No. 2. – S. 27-29.
6. Maltsev V. A., Mironchukovskaya V. V. Combating extremism within the framework of the national security system // Bulletin of the Voronezh State University. – 2020. – No. 1 (40). – S. 32-43.
SAFETY AND LAW
SOBALIROVA Zukhra Khazretovna
Ph.D. in Law, lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
SOCIAL NETWORKS AS AN INFORMATION RESOURCE FOR THE SPREAD OF EXTREMISM
The article reveals the factors of the spread of extremism on the Internet. It has been established that the main determinant of the spread of destructive content should be called a huge variety of Internet resources. These are social networks, and various forums, online platforms and video hosting. An aggravating factor is the lack of legal regulation of these resources due to the fact that they do not fall under the scope of legislative regulation of the media. The concept of digital extremism has been investigated. It was concluded that it is advisable to implement tougher measures to counter digital extremism. Among them: to consolidate in the legislative regulation a clearly formulated concept of extremism, making a direct indication of the achievement of criminal goals in any (!) Possible way and counteract from this point of view; Increase penalties by increasing monetary fines and prison sentences; introduce a technology for special filtering of information on the Internet, which will block extremist content.
Keywords: social networks, extremist activities, digital extremism, counteraction, blocking extremist content.
Reference bibliographic list
1. On counteracting extremist activity: Federal Law of July 25, 2002 No. 114-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_37867/ (date of access: 10/14/2022).
2. About information, information technologies and information protection rmation: Federal Law of July 27, 2006 No. 149-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_37867/ (date of access: 10/15/2022).
3. Aripshev A. M. Extremism and terrorism in social networks: problems of detection and counteraction // Journal of Applied Research. – 2022.
– T. 1. – No. 9. – S. 44-48.
4. Bogomaz O. V. Information and psychological aspects of extremist activity in the modern digital space // International cooperation of Eurasian states: politics, economics, law. – 2021. – No. 4. – S. 58-61.
5. Kuchmezov R. A. Extremism on the Internet: legal foundations and problems of counteraction // Eurasian Law Journal. – 2022. – No. 2 (165).
– S. 437-438.
6. Markaryan S. A. Extremism in the digital environment // Epomen. Global. – 2022. – No. 26. – S. 78-85.
7. Shidemov A. G. Extremism: the state of the fight against it in the modern world // In the collection: Extremism – new challenges to regional security. Collection of materials of the international scientific conference. Edited by D. L. Prokazin. – Barnaul, 2022. – S. 73-76.
SAFETY AND LAW
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KUMEKHOVA Maryana Borisovna
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PROBLEMS OF THE SPREAD OF DRUG ADDICTION AMONG YOUNG PEOPLE
One of the global problems of modern society is the spread of drug addiction. Drugs harm the health of citizens and pose a threat to the national security of many states. Drugs have a particularly detrimental effect on young people and adolescents due to age characteristics. When it comes to preventing the spread of drug addiction, preventive measures should be an important part of education and upbringing. Competent preventive work among adolescents gives noticeable results, the main thing is that it be carried out systematically. The right actions and actions carried out by psychologists, narcologists and social workers will definitely become a deterrent and reduce the number of young people prone to drug addiction.
Keywords: drug addiction, distribution, youth, narcotic drugs, psychotropic substances, prevention, prevention.
Reference bibliographic list
1. Rubleva T. Yu. Problems as a consequence of the spread of drug addiction in the youth environment at the present stage // Scientific component. – 2020. – No. 4 (8). – S. 158-164.
2. Osipova R. G. Drug addiction in the youth environment: causes of spread and possible methods of prevention // Young scientist. – 2011. – No. 7 (30). – T. 2. – S. 53-59.
3. Zaitsev V. S. Problems of drug addiction among youth and modern technologies for its prevention: a tutorial. – Chelyabinsk: Publishing house of A. Miller’s Library CJSC, 2019. – 65 p.
SAFETY AND LAW
KUCHMEZOV Rasul Abdulmutalifovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement agencies sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, major of police
SOCIAL NETWORKS AS AN INFORMATION RESOURCE FOR THE SPREAD OF EXTREMISM
Extremism is a commitment to extreme views and methods of action, has various forms of manifestation. A large number of young people are involved in extremist activity every year. An analysis of the factors that form the internal motivating starting point for justifying extremism allows us to single out among the main ones: negative conditions for the spiritual and moral development of the individual; unfavorable psychological climate in the family, school, university; lack of alternative socially useful forms of leisure activities. All of the above for someone individually, and for someone in the aggregate, pushed young people into the virtual world. Thus, Internet resources, which were originally intended for virtual communication, began to gradually turn into a platform for the dissemination of extremist ideas. It has been established that the problem of extremism in Russia exists both in retrospect and at the present stage. And given the speed of development of computer technology, it can be reasonably assumed that extremism will acquire new forms and manifestations.
Keywords: extremism, Internet resources, violence, destructive content, propaganda, prevention, counteraction.
Reference bibliographic list
1. Abazov A. B. Preventive measures to counteract radicalism and extremism in the youth environment // Journal of Applied Research. – 2021. – No. 5-2. – S. 168-171.
2. Aripshev A. M. Extremism and terrorism in social networks: problems of detection and counteraction // Journal of Applied Research. – 2022. – V. 1. – No. 9. – S. 44-48.
3. Korkmazov A. V. On the role of social networks in the dissemination of youth extremism and countermeasures // Journal of Applied Research. – 2022. – No. 5-2. – S. 188-191.
4. Kuchmezov R. A. Extremism on the Internet: legal foundations and problems of counteraction // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 437-438.
5. Mishin A. M. Problems of countering extremism on the Internet // Eurasian legal journal. – 2020. – No. 2 (141). – S. 389-390.
6. Tambiev S. A. Criminological characteristics of the personality of an extremist // Journal of Applied Research. – 2022. – No. 2-1. – S. 56-60.
7. Tarchokov B. A. Counteracting the spread of extremism on the Internet // Education and Law. – 2022. – No. 1. – S. 186-189.
8. Urusov Z.Kh. On the issue of countering extremism at the present stage // Eurasian legal journal. – 2022. – No. 6 (169). – S. 407-408.
SAFETY AND LAW
MALYSHEV Sergey Yakovlevich
Ph.D. in Law, associate professor, associate professor of Economics of entrepreneurship sub-faculty of the Ufa University of Science and Technology
KISELYOV Nikolay Nikolaevich
Ph.D. in Law, associate professor, associate professor of Operational investigative activity of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
PROTECTION OF INFORMATION CONSTITUTING A STATE SECRET FROM UNAUTHORIZED DISSEMINATION, DISCLOSURE OR DISCLOSURE
The article deals with the main problems related to the disclosure of the content of the main concepts used in the field of protection of state secrets – “disclosure”, “dissemination”, “provision”, “declassification” and “disclosure” of information constituting a state secret. A comparative analysis of regulatory legal acts regulating the issues of ensuring the protection and protection of state secrets is carried out. The content side of the concepts of interest is to investigate. The authors of the article point out that in the legal norms of the Law on State Secrets, the concept of “dissemination of information constituting a state secret”, which is an essential feature in the definition of state secrets, is not directly disclosed, but its main content is derived from other legal provisions of the Law on State Secrets. Special attention is paid to the correlation and structural-systemic relationship between the concepts under study.
Keywords: dissemination, disclosure, disclosure, declassification, provision, information constituting a state secret.
Reference bibliographic list
1. Zanina T. M., Karavaev A. A. Evolution of legal regulation regarding confidential information in the Russian Federation // Administrative law and process. 2015. No. 6. S. 81-86.
SAFETY AND LAW
NAGOEVA Marina Auyesovna
Ph.D. in pedagogical sciences, professor of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ON THE ISSUE OF THE PROBLEMS OF PREVENTING ROAD ACCIDENTS IN MODERN RUSSIA
The article reveals the legal basis for the prevention of road accidents. The established rules and legal norms that all vehicle drivers are required to comply with are analyzed. The problems of compliance with safety rules on the country’s roads and everyone’s contribution to this process are being investigated. The author emphasizes the need for various measures to ensure road safety, cites the main principles and objectives for ensuring the safety of citizens on the roads of the country.
Keywords: safety, traffic rules, vehicle, state power, legislation, road, consequence.
Reference bibliographic list
1. Kolycheva A. N. Separate aspects of the investigation of road traffic crimes // Management of activities to ensure road safety: state, problems, ways of improvement. – 2021. – No. 1. – S. 221-224.
2. Khakimova R. F. Criminal liability of persons who have committed a road traffic offense in a state of intoxication // Pen of Science. – 2019. – No. 6. – S. 22-27.
3. Dudnichenko A. N., Usenko O. V. Ways of committing road traffic crimes: a theoretical aspect // Yurist-Pravoved. – 2021. – No. 3. – S. 189-193.
4. Meshkov V. M., Tarasova V. I. Criminological and forensic aspects of the prevention of road traffic crimes committed by persons operating route vehicles // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1. – S. 17-21.
5. Baranchikova M. V., Erte D. A. Management of activities to ensure road safety: state, problems, ways of improvement. – 2020. – No. 1. – S. 46-52.
6. Aksenova – Sorokhtey Yu. N., Baranovskaya E. A., Kuzmina O. L., Makhanek A. B. Actual problems of establishing the state of intoxication of a person driving a vehicle in the investigation of road traffic crimes // All-Russian Criminological Journal. – 2018. – T. 12. – No. 3. – S. 375-386.
7. Ganzera R. A. Dangerous situation as an objective factor in road traffic crime captivity // Law of the Donetsk People’s Republic. – 2021. – No. 1. – S. 42-47.
8. Kondratenko O. V. Features of the methodology for investigating road traffic crimes // Bulletin of the Chelyabinsk State University. – 2018. – V. 3. – No. 4. – S. 115-119.
9. Kolesnikov R. V. On some measures for the prevention of road traffic crimes committed by minors // Criminal procedure protection of the rights and legitimate interests of minors. – 2019. – No. 1. – S. 35-39.
10. Ivantsov S. V., Dobrenkov A. I. Internal affairs bodies in the system of prevention of road traffic crimes of minors: functions and problematic issues // Bulletin of the Moscow University of the Ministry of Internal Affairs. – 2020. – No. 3. – S. 174-179.
SAFETY AND LAW
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Management and information and technical support of the criminal executive system sub-faculty of the Samara Law Institute of the FPS of Russia
KEROPYAN Manushak Ovanesovna
cadet of the 2nd course of the 2.1 platoon of the Faculty of Law of the Samara Law Institute of the FPS of Russia
OPPORTUNITIES FOR THE IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY IN THE DOCUMENT FLOW OF INSTITUTIONS AND ORGANIZATIONS
The article discusses the main features of blockchain technology when used in electronic document management systems: sending information, storing and tracking changes made, protection against information leakage, the possibility of forming an electronic office with an embedded node system.
Keywords: electronic document management, information, information technology, blockchain technology, information security.
Reference bibliographic list
1. Bulycheva A. A. Approaches to the implementation of blockchain technology in the banking sector // Bulletin of Science and Education. – 2018. – No. 7 (43). – S. 40-45.
2. Genkin A. M., Mikheev A. V. Blockchain. How it works and what awaits us tomorrow. – M.: Alpina Publisher, 2017. – 592 p.
3. Peskova O. Yu., Polovko I. Yu., Zakharchenko A. D. Application of blockchain technologies in electronic document management systems: analysis and software implementation // IVD. – 2019. – No. 3 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-blokcheyn-tehnologiy-v-sistemah-elektronnogo-dokumentooborota-analiz-i-programmnaya-realizatsiya (date of access: 09/13/2022).
SAFETY AND LAW
SHOGENOV Timur Mukhamedovich
Ph.D. in economic sciences, Deputy Head of Internal affairs in special conditions sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia
FEDORENKO Svyatoslav Petrovich
Ph.D. in Law, associate professor, associate professor of Theory of state and law sub-faculty of the Rostov Law Institute of the MIA of Russia
VOYLOSHNIKOV Oleg Diomidovich
Ph.D. in military sciences, associate professor of Tactics of engineering troops sub-faculty of the Marshal of Engineering Troops A. I. Proshlyakov Tyumen Higher Military Engineering Command School
BURAEVA Lyudmila Alexandrovna
Ph.D. in physical and mathematical sciences, senior researcher of the Research direction of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia
ON TOPICAL ISSUES OF COMPLIANCE WITH PERSONAL SECURITY MEASURES BY EMPLOYEES OF ANTI-EXTREMISM UNITS WHEN PERFORMING OPERATIONAL AND OFFICIAL TASKS
In the article, the authors consider topical issues of ensuring the personal safety of employees of anti-extremism units performing operational and official tasks to detain persons involved in extremist activities. Personal security measures during operational activities in various conditions are analyzed and considered. The factors that occupy the most significant place in the system of ensuring the personal safety of employees of anti-extremism units are noted.
Keywords: ensuring personal security, countering extremism, extremist activities, units for countering extremism.
Reference bibliographic list
1. Tarchokov B. A., Tokbaev A. A. Tactical bases for ensuring personal professional security of employees of internal affairs bodies // In the collection: Actual issues of ensuring personal safety of employees of internal affairs bodies. – 2021. – S. 319-324.
2. Buraeva L. A., Shogenov T. M. The role of information technologies in ensuring public order and public safety // Socio-political sciences. – 2019. – No. 5. – S. 190-192.
3. Shogenov T. M., Aushev U. M. Some features of the actions of police officers during the inspection of residential premises // In the collection: Modern approaches to preparing police officers for actions in case of emergency. Collection of scientific articles of abstract readings dedicated to the day of Russian science of the Department of Internal Affairs at the Educational Institution UNK SP of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot. Under the general editorship of V. N. Gontar. – 2019. – S. 126-130.
4. Abazov I. S., Mikhailov A. V. Features of training police officers in the basics of personal security when conducting public events // In the collection: Topical issues of training law enforcement officers in the light of new threats. Collection of scientific articles following the results of the scientific-practical conference. Edited by Gontar V.N., 2022. – S. 7-11.
5. Fedorenko S. P. Geopolitical doctrine of Russia on the approval of the principles of the development of a multipolar world in the context of the fight against extremism // Philosophy of Law. – 2016. – No. 6 (79). – S. 117-121.
6. Voiloshnikov O.D. Organization of practical training on tactical and special training in the situational center as a process of improving the professional training of employees of the Ministry of Internal Affairs of Russia // Bulletin of the Chelyabinsk State University. Series: Law. – 2018. – V. 3. – No. 3. – S. 93-99.
SAFETY AND LAW
SOBALIROVA Zukhra Khazretovna
Ph.D. in Law, lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
MEASURES TO COUNTER THE SPREAD OF EXTREMIST CONTENT ON SOCIAL MEDIA
Beginning of the 21st century for humanity, it has become a time of intensive development of Internet technologies and their implementation in almost all spheres of human life. This has led to an expansion of the possibility of media consumption and information flow, which, in fact, does not carry any value due to the lack of moral characteristics in its content. Media products today are formed not only from traditional media, but also from other sources, which are now represented in large numbers by the Internet. In this study, we examined the problems of spreading extremist content in social media and measures to counter this phenomenon. The harmfulness of the broadcast content consists in the production of destructive information for the mental, spiritual, moral, physical and other development of the individual. Such information resources require immediate recognition, verification and blocking. It has been established that the dissemination of extremist content on social media becomes possible due to the lack of correct preventive measures and the dissemination of such materials.
Keywords: information environment, extremist content, social media, destructive ideology, national security, resource blocking, prevention, counteraction.
Reference bibliographic list
1. Aripshev A. M. Extremism and terrorism in social networks: problems of detection and counteraction // Journal of Applied Research. 2022. V. 1. No. 9. S. 44-48.
2. Ashmanov I. S., Kasperskaya N. I. Methodological manual for identifying signs of risk behavior in social networks // Digital hygiene: youth in the network, Moscow, March 28, 2019 [Electronic resource]. – Access mode: https://saizyral.rtyva.ru/wp-content/uploads/ (date of access: 09/24/2022).
3. Drucker M. M. Ways to prevent the destructive content of social media // In the collection: User content in modern communication. Collection of materials of the I International Scientific and Practical Conference. Chelyabinsk, 2021, pp. 315-318.
4. Dyachek P. E., Artsybashev I. G. Possible ways to protect adolescents from the influence of destructive content in social networks // In the collection: State youth policy: challenges and modern technologies for working with youth. Materials of the International Youth Research Conference. under the general editorship of Doctor of Pedagogical Sciences A. V. Ponomarev; Ministry of Science and Higher Education of the Russian Federation; Ural Federal University named after the first President of Russia B. N. Yeltsin; Al-Farabi Kazakh National University; Kyrgyz-Russian Slavic University named after the first President of the Russian Federation B. N. Yeltsin, 2022. P. 158-163.
5. Ermakov A. A. Extremism in the youth environment: causes, conditions, growth factors and directions of counteraction // In the collection: Perm period. Collection of materials of the IX International scientific and sports festival of cadets and students of educational organizations. In 3 volumes. Comp. A. I. Sogrina. Perm, 2022, pp. 238-242.
6. Takov A. Z. Internet as a factor in the spread of extremism in the youth environment // Education and Law. 2021. No. 6. S. 336-340.
STATE AND LAW
GADIEVA Aneta Nikolaevna
Ph.D. in sociological sciences, senior researcher of the North Ossetian Institute of Humanities and Social Sciences
INTERETHNIC CONFLICT: FROM SETTLEMENT TO RESOLUTION (ON THE EXAMPLE OF OSSETIAN-INGUSH RELATIONS)
The article deals with the problem of resolving the Ossetian-Ingush conflict. An assessment of the current state of interethnic relations between the two peoples is given, confirmed by the results of the interview. In addition, the causes of the unresolved contradiction are investigated, aggravated by the legal conflict that has arisen. The conclusions drawn from informal interviews characterize the situation as unpromising, stagnating in a state of forced regulation. But this this is not a reason not to look for ways out of the long-standing confrontation.
Keywords: interethnic conflict, ethnos, interethnic relations, legal conflict, insoluble contradiction, complex of deferred decision.
Reference bibliographic list
1. Conflictology. Questions – answers: textbook. manual for universities / Ed. prof. V. P. Ratnikova. – M., 2004. – S. 122.
2. Tishkov V. A. Ossetian-Ingush conflict. – [Electronic resource]. – Access mode: https://mybiblioteka.su/tom2/4-39358.html.
3. Zdravomyslov A. G. Ossetian-Ingush conflict: prospects for overcoming the impasse. – M.: “ROSSPEN”, 1998. – 128 p.
4. Markedonov S. M. Ossetian-Ingush conflict: history and modernity. – [Electronic resource]. – Access mode: http://politcom.ru/, 30.10.2007.
5. Gadieva A. N. Two views on the “unresolved contradiction” (expert assessment of the Ossetian-Ingush conflict // International Scientific Research Journal. – 2020. – No. 8 (98). – P. 170.
6. Tsutsiev A. A. The Ossetian-Ingush conflict of 1992: some results of ten years of settlement // Bulletin of the Vladikavkaz Institute of Management. – 2003. – No. 9. – S. 24-47.
7. Kesaev S., Totoonti I. Beslan three years later … Collection of materials: facts, figures, comments. – Vladikavkaz, 2007. – P. 60.
STATE AND LAW
FASTOVICH Galina Gennadjevna
senior lecturer of Theory of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
KUDASHOVA Irina Vladimirovna
Ph.D. in Law, associate professor of Administrative Law and Administrative Activities of the Internal Affairs sub-faculty of the Siberian Law Institute of the MIA of Russia
KAPSARGINA Svetlana Anatoljevna
Ph.D. in political sciences, associate professor of Foreign languages sub-faculty of the Krasnoyarsk State Agrarian University
APPLICATION OF INFORMATION TECHNOLOGIES IN THE INNOVATIVE DEVELOPMENT SECTOR OF THE RUSSIAN FEDERATION
The article analyzes the Institute of Information Technology and its role in various sectors of production in modern Russia. The authors reveal the characteristic features of information technologies, their essence, positive and negative aspects, as well as their impact on the effectiveness of state regulation. The problems associated with the introduction of information technologies in the sector of agro-industrial development of the Russian Federation are determined. Conclusions are formulated about the problems and opportunities for further implementation of information technologies in other areas of law enforcement and enforcement activities.
Keywords: information technologies, efficiency, state, innovations, agro-industrial production.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 1, 2020) // Ros. gas. 2020. 04 July.
2. Federal constitutional law of December 31, 1996 No. 1-FKZ (as amended on December 08, 2020) “On the judicial system of the Russian Federation” // Collection of legislation of the Russian Federation. 1997. No. 1. Art. one.
3. Fastovich G. G., Kapsargina S. A. On the development of information technologies in the agro-industrial complex of modern Russia// In the collection: IOP Conference Series: Earth and Environmental Science. III International Scientific Conference: AGRITECH-III-2020: Agribusiness, Environmental Engineering and Biotechnologies. Krasnoyarsk Science and Technology City Hall of the Russian Union of Scientific and Engineering Associations. 2020. S. 32010.
4. Trashkova S. M. International legal regulation as a guarantee of the implementation of the legal status of juvenile suspects accused in criminal proceedings. Kazanskaya Nauka. 2015. No. 5.S.125-127.
5. Teplyashin I. V., Fastovich G. G. Criteria for the effectiveness of the state mechanism: general theoretical analysis // Problems of modernizing the legal system of modern Russian society. Collection of reports of the International scientific conference. 2011, pp. 114-116.
6. Portal of technical support GAS “Pravosudie”. [Electronic resource]. – Access mode: https://techportal.sudrf.ru/index.php?id=31
7. Fastovich G. G., Kudashova I. V. Information technologies in the system of increasing the efficiency of public authorities: theoretical and legal aspectt // Law and Politics. 2020. No. 2. S. 18-22.
8. Teplyashin I. V. Participation of civil society institutions in the implementation of state policy in the Arctic zone of the Russian Federation // Problems of constitutional and legal regulation of the status of the Arctic territories of the Russian Federation: materials of the round table of international. scientific-practical. conf. “Yenisei political and legal readings” (Krasnoyarsk, September 21-22, 2017) / Ed. A. A. Kondrasheva, O. V. Ronzhina, A. B. Zenkina; Krasnoyar. state agrarian un-t. – Krasnoyarsk, 2017. – S. 46-48.
9. Zaruba D. S., Sitnikova K. N., Fastovich G. G. The problem of the agro-industrial complex in the regions of Russia // International Journal of Humanities and Natural Sciences. 2019. No. 3-2. pp. 52-55.
STATE AND LAW
CHUPROVA Viktoriya Olegovna
cadet of the 3rd course of the Faculty of Law of the Samara Law Institute of the FPS of Russia
UNTEROV Vladimir Anatoljevich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
PROTECTION OF THE FAMILY, MOTHERHOOD, FATHERHOOD AND CHILDHOOD AS A KEY POLICY DIRECTION OF THE RUSSIAN FEDERATION
The state policy in the field of protection of the family, motherhood, fatherhood and childhood, of course, is the most important direction of the implementation of the principle of the welfare state enshrined in the Constitution of Russia.
The presented article discusses topical issues related to state support for the institution of the family. Based on the above support measures, it is concluded that significant positive changes have occurred in the last decade in the field of social support for the family. Despite this, the state continues to give this area a primary role.
Keywords: social support, family protection, penitentiary aspect of maternity support, family service, maternity capital, revision of the Constitution of the Russian Federation, educational trends.
Nice bibliographic list
1. Koryakovtseva O. A. Comprehensive support for a young family: textbook. manual for university students studying in the specialty “Organization of work with youth.” – M.: Humanitarian. ed. center VLADOS, 2008. – S. 204.
2. Ivanova V. A. To the question of the implementation of the constitutional right to protect motherhood, childhood and family
// In the collection: The system of constitutional law in modern Russia: values, principles, institutions and norms. Materials of the 11th International Constitutional Forum dedicated to the 110th anniversary of the Saratov State University. N. G. Chernyshevsky. – 2020. – S. 222.
3. Levitsky D., Chernolikhov S., Anisimova O. E. On the issue of the mechanism of social and legal protection of fatherhood, motherhood and childhood in the Russian Federation // In the collection: Economics, management and finance in the 21st century: facts, trends, forecasts . Materials of the international scientific-practical conference. – 2020. – S. 399.
PEDAGOGY AND LAW
DOSOVA Anna Vladimirovna
Ph.D. in Law, Head of Foundations of expert-criminalistic activity sub-faculty of the Volgograd Academy of the MIA of Russia
SIDORENKO Olga Viktorovna
Ph.D. in Law, associate professor of Foundations of expert-criminalistic activity sub-faculty of the Volgograd Academy of the MIA of Russia
ADDITIONAL EDUCATION AS A FORM OF OBTAINING PROFESSIONAL KNOWLEDGE
The modification of the training processes has also affected the training of specialists in the field of forensic examination, provided, among other things, within the framework of additional professional education. They are based on legislative requirements aimed at improvement and adaptation. The current state of the implemented programs and the possibilities of introducing digital resources have been studied. When analyzing the activities, problematic aspects related to their provision in educational institutions of the Ministry of Internal Affairs of Russia were identified.
Keywords: additional education, professional program, professional development, expert specialty, digital resource.
Reference bibliographic list
1. Dekkert DV Deontological bases for the formation of professional and moral culture of employees of internal affairs bodies: textbook-method. allowance. – Tyumen: Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia, 2019. – 92 p.
2. Yanin S. A., Zaitseva E. V., Kolosovich M. S. Legal and organizational support for the activities of preliminary investigation bodies in the system of additional professional education of the Ministry of Internal Affairs of Russia: textbook. allowance. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – 60 p.
PEDAGOGY AND LAW
KILSENBAEVA Darya Gennadjevna
magister student of the Ufa State Petroleum Technical University
VALITOVA Nika Eduardovna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
GAREEV Eduard Sagidullovich
Ph.D. in science philosophicals, professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
DUNOVA Regina Railevna
master student of the Ufa State Petroleum Technical University
ANALYSIS OF THE COMMUNICATION POLICY OF VOLUNTEER CENTERS, ON THE EXAMPLE OF THE “GAU REPUBLICAN CENTER FOR VOLUNTEER MOVEMENT AND SUPPORT OF YOUTH INITIATIVES”
Volunteering is an important area of public life and the basis for the functioning of non-profit organizations.
For the successful activity of volunteer associations, it is necessary that they observe a competent communication policy. This article discusses the basic principles of an effective communication strategy for volunteer organizations and provides an overview of the communication tools of the “GAU Republican Center for Volunteer Movement and Support of Youth Initiatives”.
Keywords: communication policy, target audience, promotion channels, non-profit organizations, volunteer associations, information and communication technologies.
Reference bibliographic list
1. Information and analytical bulletin on the development of civil society and the non-profit sector of the Russian Federation / Center for the Study of Civil Society and the Non-Profit Sector of the National Research University Higher School of Economics: official. website. [Electronic resource]. – Access mode: https://grans.hse.ru/data/2022/09/28/1742693817/Bulleten%2022.pdf.
2. Official website of the “GAU Republican Center for Volunteer Movement and Support of Youth Initiatives”. [Electronic resource]. – Access mode: http://volunteer-center.ru/about/activity.
PEDAGOGY AND LAW
KRAUTMAN Tatyana Evgenjevna
Ph.D. in philological sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of Krasnodar University of the MIA of Russia
REQUIREMENTS FOR THE PERSONALITY OF AN INSTRUCTOR OF THE UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN MODERN CONDITIONS
The article discusses the requirements for the personality of an instructor in higher educational institutions of the Ministry of Internal Affairs of Russia in modern conditions. The relevance of the topic is determined by the designated range of tasks that are in demand for solution. Various points of view and approaches to the organization of an effective educational process are considered and analyzed. Attention is drawn to both the positive and negative aspects of the instructor’s work.
Keywords: instructor’s personality, pedagogical process, information technologies, innovations, pedagogical skill.
Reference bibliographic list
1. Balatskaya Yu. Yu. To the question of the formation of the terminological competence of future employees of the internal affairs bodies // Actual problems of linguistics and the formation of the language competence of lawyers in modern conditions [Electronic edition]: collection of materials of the All-Russian Scientific and Practical Conference (Rostov-on-Don, February 21, 2018). – Rostov n / a: FGKOU VO RUI of the Ministry of Internal Affairs of Russia, 2018. – P. 149-153.
2. Konopleva A. A. The study of educational disciplines of spiritual and moral orientation in educational institutions of the Ministry of Internal Affairs of Russia (on the example of the educational discipline “religious studies”) // Improvement of educational programs, planning and implementation of the educational process. Materials of the All-Russian Scientific and Methodological Conference. – Omsk, 2021. – S. 143-145.
3. Kupavtsev T. S. Improving the professional and pedagogical competence and managerial culture of the subjects of education management as a condition for self-improvement of employees of internal affairs bodies // Pedagogical education in Russia. – 2016. – No. 5. – S. 57-62.
4. Tutova O. V., Shvedova L. E. The use of interactive teaching methods in the classroom in informatics and information technology // Vectors of information technology development: prospects and directions. Collection of abstracts of scientific articles of the II regional scientific and practical conference, 2018. – P. 86-89.
5. Khodyakova N. V., Zhukova P. N. Development of scientific and pedagogical erudition of a university teacher // Professional competence of a university teacher: content, levels of formation and assessment. [Electronic resource]: Sat. scientific tr. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – S. 16-20.
6. Gorkina E. V. The use of interactive teaching methods as a necessary condition for improving the professional level of a teacher // Professional competence of a university teacher: content, levels of formation and assessment [Electronic resource]: Sat. scientific tr. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – S. 54-59.
7. Chernigovsky V. N. The specificity of the pedagogical potential of the educational institution of the Ministry of Internal Affairs of Russia in the formation of the professional and moral position of the cadet // Electronic scientific and educational journal of the VGSPU “The Edge of Knowledge”. – 2015. – No. 7 (41). – P. 278-283.
8. Morozov I. L., Fabritsiaeva S. L., Tikhonina M. A. The threat of degradation of the quality of work of the teaching staff as a systemic problem of modern higher education // Professional competence of a university teacher: content, levels of formation and assessment. [Electronic resource]: Sat. scientific tr. – Volgograd: VA Ministry of Internal Affairs of Russia, 2016. – S. 26-29.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
RAYMANOV Ramil Ildarovich
magister student of the 1st course of the Institute of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
CASESTUDY METHOD IN THE PROCESS OF TEACHING INTERCULTURAL COMMUNICATION SKILLS (BY THE EXAMPLE OF CHINA)
We live in the era of globalization when the number of interactions between states and peoples is rapidly growing in the world. Globalization inevitably leads to interaction and mutual enrichment of different cultures. The article deals with improving the process of teaching intercultural communication skills with representatives of Chinese culture in universities. The relevance of this topic is due to the friendly and mutually beneficial relations between Russia and China that have developed over the past decades. The article gives a detailed analysis of the centuries-old Chinese culture which is based on respect for ancestors, severe discipline and the principles of Confucianism. It should be emphasized that the emerging communication barriers can lead to misunderstanding between representatives of two different cultures. To reduce the risk of such barriers, it is necessary to improve the process of teaching intercultural communication skills using various active teaching methods: presentations, problem lectures, didactic games, case analysis method, basket method. Much attention is given to the case analysis method or the case study. It involves modeling a specific situation or problem and then finding its solution. Using the case study in the learning process allows students to develop intercultural communication skills and gain experience in interacting with Chinese culture avoiding the risk of real conflict situations.
Keywords: active teaching methods; communication barriers; stereotypes; intercultural interaction; culture of China; Russian-Chinese relations.
Reference bibliographic list
1. Aikina T. Yu. Case method in the formation of students’ communicative competence // Bulletin of the Tomsk State Pedagogical University. – 2013. – No. 1 (129). – S. 58-61.
2. Artashkina T. A. Traditional culture in the modern national culture of China // Society: philosophy, history, culture. – 2016. – No. 5. – P. 85-91.
3. Bogodukhova E. E. Intercultural communications in the Russian-Chinese dialogue // Scientific opinion. – 2020. – No. 9. – P. 50-54.
4. Latypova E. R., Alekseev K. E., Ermolenko A. D., Klyavlin A. M. Intercultural communication between representatives of various cultural groups in areas of interest. // Science and school. – 2020. – No. 3. – P. 164-171.
5. Lebedeva N. M. Intercultural dialogue. Lectures on the problems of interethnic and interfaith interaction. – M .: Publishing house of RUDN University, 2003.
6. Mogilevich B. R. Features of the discourse of intercultural communication // Bulletin of the Peoples’ Friendship University of Russia. Series: Sociology. – 2009. – No. 1. – P. 410-412.
7. Molchanova G. G. Who is afraid of GirtHofstede? Teaching Intercultural Communication and Translation in the Conditions of Increasing Cultural Hybridity // Bulletin of the Moscow University. Series 19: Linguistics and Intercultural Communication. – 2016. – No. 4. – P. 9-16.
8. Molchanova G. G. Research methods in intercultural communication: a symbol as a cognitive memory of culture. Bulletin of the Moscow University. Series 19: Linguistics and Intercultural Communication. – 2011. – No. 1. – P. 7-23.
9. Novikova I. A. Features of stereotypes about non-verbal communication and their role in the interethnic interaction of Russian and Chinese students // Bulletin of the Peoples’ Friendship University of Russia. Series: Psychology and Pedagogy. – 2012. – No. 4. – P. 21-28.
10. Perelomov L. S. Confucius “Lun Yu”. – M .: Eastern literature, 2001.
11. Khalikova S. S. Sociocultural interaction between Russia and China in the border area // Power and management in the East of Russia. – 2016. – No. 4 (77). – S. 100-105.
12. Tsui T. Globalization and intercultural communication in modern China. – Shandong: Shandong University, 2009.
13. Chernilevsky DV Didactic technology in higher education: textbook. settlement – M.: UNITI-DANA, 2002.
14. Dumitrescu V. M. Culture as communication: communication style across and within cultures // SYNERGY. Vol. 9. – 2013. – No. 1. – P.84-91.
PEDAGOGY AND LAW
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
AGZAMOV Rifkat Raisovich
Ph.D. in pedagogical sciences, associate professor, Head of Natural science education sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
SAMOLOVOV Nikolay Aleksandrovich
Ph.D. in pedagogical sciences, associate professor of the Nizhnevartovsk State University
YUMAGULOVA Nina Ivanovna
computer science teacher of the highest category of the Moscow State Educational Institution “School No. 64”, postgraduate student of the Moscow City University
YELAGINA Marina Yurjevna
Ph.D. in pedagogical sciences, associate professor of General and consultative psychology sub-faculty of the Don State Technical University
FRACTAL-HOLOGRAPHIC THINKING OF STUDENTS: THE ESSENCE, STRUCTURE, PRINCIPLES AND MECHANISMS OF FORMATION
The article examines the specifics of scientific cognition within the framework of the post-non-classical paradigm, focuses on the formation of fractal-holographic thinking among students, which contributes to the development of personality in a multidimensional and multidimensional aspect, allowing it not only to adapt effectively to changing conditions of social, biological, digital and informational life, but also to act as a “creator” of its own being, which it has a decisive role in the formation and development of mental and psychological health of a person. For the first time, the authors present fractal-holographic human thinking as a scientific concept and give its definition. Based on a comparative analysis of the types of thinking inherent in a person, they determine the essential characteristics of fractal-holographic thinking and justify the mechanisms underlying this type of thinking.
Keywords: holonomic approach, post-non-classical paradigm, fractal approach, holonomic mode of consciousness, thinking, multidimensional thinking, fractal-holographic thinking, perceptual challenge, principles of formation of fractal-holographic thinking.
Reference bibliographic list
1. Arshinov V. I. Synergetics as a phenomenon of post-non-classical science. – M.: IFRAN, 1999. – 203 p.
2. Baryshev Yu., Teerikorpi P. Fractal structure of the Universe. Essay on the development of cosmology. – Nizhny Arkhyz: Publishing House of SAO RAS, 2005. – 396 p.
3. Belkin A. S., Zhukova N. K. Vitagenic education: Holographic approach / AUral. state ped. un-t; Department of psycho-ped. Education: Education Center. technologies. – Yekaterinburg, 1999. – 135 p.
4. Bogatykh B. A. Fractal-holographic construct and K. Levin’s field theory // National Psychological Journal. – 2018. – No. 2 (30). – P.123-134. DOI: doi: 10.11621/npj.2018.0213.
5. Budanov VG Methodology of synergetics in post-non-classical science and education. – M.: Publishing house LKI, 2007. – 232 p.
6. Vaknin E. E., Madjuga A. G., Pochukaeva G. V. Fractal-holographic thinking as a phenomenon of post-non-classical psychology. – Sillamäe: Balti Rakendus Logoteraapia Instituut, 2021. – 240 p.
7. Gapontseva M. G., Fedorov V. A., Gapontsev V. L. The concept of the geometry of fractals as objects of pedagogy and the theory of scientific knowledge. Obrazovanie i nauka. – 2009. – No. 4 (61). – P. 6-22.
8. I. P. Getmanov, Principles of co-evolution, Cand. … doc. philosophy Sciences: 09.00.08. – Rostov n / D., 2005. – 304 p.
9. Holographic model and psychology. – [Electronic resource]. – Access mode: http://www.poliinform.ru (date of access: 09/12/2021).
10. Dontsov G. A., Melnikov G. S., Serov I. N. Fractal concept of deterministic chaos. – [Electronic resource]. – Access mode: http://www.philosophy (date of access: 01/29/2020).
11. Zhukova O. I. The concept of self in the system of philosophical ideas about a person // Bulletin of the Voronezh State University. – Series “Philosophy”. – No. 1 (1). – 2009. – S. 139 – 151.
12. Knyazeva E. N., Kurdyumov S. P. Foundations of synergetics: synergetic worldview. – M.: KomKniga, 2005. – 265 p.
13. Majuga A. G., Vaknin E. E., Gaisin E. D., Pochukaeva G. V. Fractal pedagogy: from fractal metaphysics to cultural anthropology. – Ufa: Bashkir Encyclopedia, 2021. – 348 p.
14. Martynovich K. A. Non-linear-dynamic picture of the world: ontological meanings and methodological possibilities: author. dis. … cand. philosophy Sciences. – Saratov, 2011. – P. 19.
15. Miller D. Holistic education. Pedagogy of foreboding D. Miller – [Electronic resource]. – Access mode: http://ps.1september.ru/articlef. php?ID=200205007 (accessed 05.10.2021).
16. Prigogine I. R. Order out of chaos: A new dialogue between man and nature / Per. from English; under total ed. V. I. Arshinov, Yu. L. Klimontovich, Yu. V. Sachkov. – M.: Progress, 1986. – 471 p.
17. Subetto A. I. Priorities and philosophy of goal-setting fundamental science in the XXI century. Transformation of the paradigm of university education – [Electronic resource]. – Access mode: http://www.trinitas.ru/rus/ (date of access: 03/15/2020).
18. Tikhomirov OK Psychology of thinking. – M.: MGU, 1984. – 270 p.
19. S. D. Khaitun, From the Ergodic Hypothesis to the Fractal Picture of the World. – M.: Komkniga, 2007. – 251 p.
20. Jung K. G. The study of the phenomenology of the self / Per. from English, Lat. – M.: Refl-book; Kyiv: Vakler, 1997. – 336 p.
21. Jurgens H., Peitgen H.-O., Zaupe D. The language of fractals in the world of science // Scientific American. – 1990. – No. 10. – S. 36-44.
22. Coleman P. H., Pietronero L. The fractal structure of the Universe // Phys. Repts. – 1992. – Vol. 213. -No. 6. – P. 311-389.
23. Eckmann J.-P.‚ Ruelle‚ D. Ergodic theory of chaos and strange attractors‚ Reviews of Modern Physics 57‚ 3 (1985). – P. 617-656.
24. Mandelbrot B.B. The Fractal Geometry of Nature. – Sun-Francisco: W. H. Freeman and Company, 1982. – 470 rubles.
25. Moon F. C. Chaotic and Fractal Dynamics. New York, Chichester, Brisbane, Toronto, Singapore, A Wiley-Interscience Publication, John Wiley and Sons, Inc., 1992. – 408 p.
PEDAGOGY AND LAW
OZERSKY Sergey Vladimirovich
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Management and information technology support of the activities of the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF TEACHING TECHNICAL DISCIPLINES IN UNIVERSITIES OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
The article analyzes the features of teaching technical disciplines in universities of the Federal Penitentiary Service of Russia. The interaction of the departmental institution of higher education and the institutions of the UIS is considered. Typical forms of interaction between a departmental institute and a territorial body for conducting practical classes on the territory of a correctional institution are presented and analyzed. The author’s list of principles for organizing the interaction of practical staff and cadets of educational institutions in the process of organizing practical training is formulated and described. Recommendations are formulated to improve the effectiveness of practical training in the institutions of the UIS. The types of UIS institutions on the territory of which it is advisable to organize practical classes are listed.
Keywords: integrative technology, blended learning, facility equipment, detection boundary, UIS institutions.
Reference bibliographic list
1. Popov I. V. Designing an integrative technology for teaching cadets of a law school the discipline “Special Equipment” (Scientific article)
// Bulletin of the Samara Technical University. Series “Psychological and pedagogical sciences”. – 2006. –
No. 44. – S. 97-103.
2. Kopylova N. A. Integrative technology of blended learning // Actual problems of aviation and cosmonautics. – 2017. – No. 13. – S. 1167-1169.
3. Gur’e L. I., Kirsanov A. A., Kondratiev V. V., Yarmakeev I. E. Integrated foundations of the innovative educational process in higher professional school. – Moscow: VINTI, 2006. – 288 p.
PEDAGOGY AND LAW
TITOVA Olya Zokirovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Philosophy and general humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
STUDY OF SPEECH CULTURE FEATURES BY CADETS OF EDUCATIONAL ORGANIZATIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA IN THE COURSE “RUSSIAN LANGUAGE IN BUSINESS DOCUMENTATION”
The article is devoted to the study of the peculiarities of the culture of speech in business documentation by cadets. The author substantiates the necessity of studying the material on stylistics of language, analysis of typical mistakes made in business documentation. The article provides examples of accurate word usage, sentence construction.
Keywords: culture of speech, language means, communicative competence, oral and written speech, professional activity.
Reference bibliographic list
1. Ushinsky K. D. Man as a subject of education. Experience of pedagogical anthropology // Collection of articles. cit.: in 11 volumes – M.; L .: Publishing House Acad. ped. Sciences of the RSFSR, 1950. – T. 8.
2. Zhinkin N.I. Language – speech – creativity: Issled. on semiotics, psycholinguistics, poetics: (Selected works) / N. I. Zhinkin. – M.: Labyrinth, 1998. – 368 p.
3. Nikitina T. V. The specifics of the professional communicative competence of an employee of the penitentiary system // Pedagogy and education. – 2019.
4. Shiryaev EN What is the culture of speech // We will save you, Russian speech. – M.: Nauka, 1995. – S. 9-10.
5. Vinokur G. O. Culture of the language. – 2nd ed., Rev. and additional – M., 1929. – 336 p.
6. Marchenko SV Russian language in business documentation. Teaching aid for cadets, students and students of law schools and faculties. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2016. – 159 p.
7. Ivanova A. Yu. Russian language in business documentation: textbook and workshop for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2019. – 187 p.
8. Sidorova N. I. The role of the Russian language in the structure of professional competence of an employee of the Federal Penitentiary Service of Russia // Psychological and pedagogical search. – 2015. – No. 2. – P. 179-183.
9. Tyumeneva N. P. Russian language and culture of speech (for students in the specialty 56.05.01 Logistics): a textbook. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2017. – 155 p.
PEDAGOGY AND LAW
SEMENOV Vadim Vladimirovich
Ph.D. in technical sciences, associate professor, associate professor of Fire and technical training sub- faculty of the Barnaul Law Institute of the MIA of Russia
THOMAS Artem Vladimirovich
lecturer of Physical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
THE INFLUENCE OF A SPORTS TEAM SPORT – BASKETBALL ON THE LIFE OF A POLICE OFFICER
The article discusses the influence of basketball on the mental and physical development of an employee of the internal affairs bodies, the analysis of the work of the body of people engaged in basketball. The influence of basketball classes on the physical education of a person is revealed. The authors conclude that basketball for a person, whether he is a schoolboy, a cadet or a police officer, is not just a game, but an opportunity to develop many different qualities in himself, allowing him to succeed in many directions in later life, get emotional relief, develop his body, strengthen psychological stability and socialize.
Keywords: internal affairs bodies, basketball, motor activity, physical training, strength abilities, cadet.
Reference bibliographic list
1. M. V. Bazilevich, “Effectiveness of sports-based basketball training at a university,” Fiz. culture: upbringing, education, training. – 2016. – No. 4. – S. 25-27.
2. Botvin I. V. Trends in criminal policy to combat “new” threats // State and law in the era of global change: Proceedings of the international scientific and practical conference, Barnaul, June 28-29, 2022 / Edited by D. L. Prokazin . – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 166-168.
3. Brantov P. Yu. By 2020 we must bring basketball to the second place in popularity // RMA Sport. [Electronic resource]. – Access mode: http://www.eurosport.ru/basketball/story_sto5533798.shtml.
4. Ivchatova T. V., Zashchuk S. G. Basketball in the physical education of students of non-physical education universities // Pedagogy, psychology and medical biol. Problems. – 2010. – No. 5. – S. 69-71.
PSYCHOLOGY AND LAW
NURMUKHAMETOVA Irina Faskhutovna
Ph.D. in science psychologicals, associate professor of General psychology sub-faculty of the Faculty of Psychology of the Ufa University of Science and Technology
ASAFJEVA Natalya Valerjevna
Ph.D. in science psychologicals, associate professor of General psychology sub-faculty of the Faculty of Psychology of the Ufa University of Science and Technology
DAVTYAN Valentina Garnikovna
assistant of General psychology sub-faculty of the Faculty of Psychology of the Ufa University of Science and Technology
PSYCHOLOGICAL FEATURES OF THE ADAPTIVE CAPABILITIES OF EMPLOYEES OF INTERNAL AFFAIRS AGENCIES
This article is aimed at the study of psychological features of the adaptive capabilities of a person performing tasks in extreme situations. Materials of research empirical received on a sample of employees of the Department of Internal Affairs of the city of Ufa in the Republic of Bashkortostan are presented. Blank, instrumental and computer tests were used. Blank methods are represented by personal closed questionnaires – self-reports of examinees about adaptive capabilities. Hardware tests were used during physiological examination by reflexometry. Computer diagnostics was used to examine memory and attention, as well as some personality traits using the “SMIL” method. The results obtained allow us to say that the adaptive capacity of the employees performing tasks in extreme situations is reduced, they are characterized by the desire to avoid excessive frankness, lack of caution and prudence in the actions, some rigidity in behavior and promiscuity in contacts , and psychophysiological indicators and indicators of attention indicate a low ability to concentrate attention and poor level of adaptation of the circulatory system to physical exertion.
Keywords: adaptation, adaptive capacity, personality, IAA officers.
Reference bibliographic list
1. Dashko M. N., Vinogradov M. V. Professional psychological selection for service in the internal affairs bodies: a new approach to the study of personal and business qualities of citizens entering the service in the departments of the Ministry of Internal Affairs. – Psychopedagogy in law enforcement, 2015. – Volume 62. – No. 3. – P. 101-102.
2. Kositsky G. I., Dyakonova I. N. Reserves of our body. – M.: Enlightenment, 1993. – 158 p.
PSYCHOLOGY AND LAW
SHCHELKONOGOV Evgeniy Evgenjevich
senior lecturer of Tactical and special training sub-faculty of the Volgograd Academy of the MIA of Russia
BYCHKOV Sergey Nikolaevich
associate professor of Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice
DERYUSHEVA Olesya Ivanovna
associate professor of Jurisprudence sub-faculty of the Voronezh Institute of Economics and Law
PRANITSKAYA Tatyana Olegovna
associate professor of Civil and labor law sub-faculty of the Voronezh Institute of the FPS of Russia
SEMENOV Konstantin Petrovich
associate professor of criminal law sub-faculty of the St. Petersburg University of the MIA of Russia
DETENTION OF PERSONS SUSPECTED OF COMMITTING A CRIME: PHYSICAL ASPECTS OF ENSURING THE PERSONAL SAFETY OF POLICE OFFICERS
The article deals with the problem of studying the psychological aspects of the tactics of detaining persons suspected of committing a crime as an element of personal security of employees of internal affairs bodies, as well as activities to comply with personal security measures during the detention of persons suspected of committing a crime by employees of the internal affairs bodies of the Russian Federation. The value of the conducted research lies in drawing attention to ensuring the personal safety of each employee of the Department of Internal Affairs in order to reduce the risk in the course of service.
Keywords: tactical and special training, physical aspects of detaining a criminal, personal security.
Reference bibliographic list
1. Zhikrivetskaya Yu. V. Psychological analysis of the personal qualities of police officers in stressful situations // New University. – 2013. – No. 3 (40). – S. 46-48.
2. Bovin BG Psychological fitness for law enforcement service. – Moscow: Yurlitinform, 2018. – 355 p.
ECONOMY. RIGHT. SOCIETY
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
FARVAZOVA Anastasia Vyacheslavovna
magister student of the Institute of History and Public Administration of the Bashkir State University
GILYAZOVA Alisa Ildarovna
student of the Faculty of Mathematics and Informational Technologies of the Bashkir State University
SIZONENKO Zarina Leronovna
Ph.D. in sociological sciences, associate professor of Public administration sub-faculty of the Bashkir State University, Ufa, Russia
SAGADIEVA Diana Hadisovna
magister student of the Institute of History and Public Administration of the Bashkir State University
MATERIAL INCENTIVES FOR THE REMUNERATION OF CIVIL SERVANTS
The relevance of research. In public authorities, personnel management plays an important role, since the effectiveness of public services provided depends on it. We believe that the formation of qualified personnel depends on professional and personal qualities, methods of recruitment and selection of personnel, motivation of civil servants and incentives for remuneration.
Keywords: staff motivation, analysis of expenses for the remuneration of civil servants, public institution.
Reference bibliographic list
1. Ignatieva O. N., Galimullina N. A., Garipov R. R. Analysis of management methods in state executive authorities // Eurasian Law Journal. 2019. No. 7 (134). pp. 356-358.
2. Official website of the Office of the Government of the Republic of Belarus. – [Electronic resource]. – Access mode: https://pravitelstvorb.ru/
3. Polyanina O. A., Sizonenko Z. L. Project-oriented education at the university: experience and mistakes // In the collection: Modern technologies of state and municipal management. Collection of scientific works of teachers, students and undergraduates of the department of public administration. Rep. editor Z. L. Sizonenko. Ufa, 2021, pp. 39-46.
ECONOMY. RIGHT. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economic sciences, professor, professor of Innovative entrepreneurship sub-faculty of the N. E. Bauman Moscow State Technical University
MAKEEV Alexander Viktorovich
student of Innovative entrepreneurship sub-faculty of the N. E. Bauman Moscow State Technical University
BUSINESS READINESS ASSESSMENT METHODOLOGY TOWARDS DIGITAL TRANSFORMATION
The article is dedicated to the study of the reasons for the transition from methods for assessing the innovative potential of an enterprise to a method for assessing the readiness of a business for digital transformation.
A study of approaches to assessing the innovative development of an economic entity or system was carried out. It was concluded that it is necessary to include in the methodology indicators that characterize the digital components of business models. Statistics characterizing the readiness of the business to switch to digital forms of doing business are summarized. The study justifies the relevance of the development of methodological approaches to the quantitative assessment of the readiness of business models for digital transformation.
Based on the basic indicators of assessing the innovative potential of the enterprise, the principles of the author’s methodology for assessing the readiness of the business for digital transformation (methodology – RDT) were developed. Presented: a set of calculated parameters of the RDT method; parameters for calculation of RDT level; criterion values of RDT indicators of the business model; total integral RDT-index. Promising directions for improving the methodological basis for assessing business models for innovative development have been formulated.
Keywords: innovation, digital transformation, readiness for digital transformation, assessment and analysis, methodology, indicators.
Reference bibliographic list
1. Koroleva A. A. Economic effects of digital logistics // Journal of the Belarusian State University. Economy. – 2019. – No. 1. – pp. 68-76.
2. Lapteva E. A. Classification of factors for the development of the enterprise’s innovative potential // Economics and Entrepreneurship. – 2013. – No. 9. – S. 495-498.
3. Lapteva E. A. A set of indicators for assessing the innovative potential of an enterprise // European Social Science Journal (European Journal of Social Sciences). – 2014. – No. 3. – Volume 2. – P. 440-448.
4. “Guidelines for the digital transformation of state corporations and companies with state participation”, Ministry of Digital Development, Communications and Mass Media of the Russian Federation, 2020. [Electronic resource]. – Access mode: https://digital.gov.ru (date of access: 10/15/2022).
5. “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030”, Decree of the President of the Russian Federation of 09.05.2017 No. 203. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 10/15/2022).
6. Trifilova A. A. Evaluation of the effectiveness of the innovative development of the enterprise. – M.: Finance and statistics, 2005. – 304 p.
7. Tᴩifilᴏva A. A. Management of innovative development of an enterprise. – M.: Finance and statistics, 2003. – 173 p.
8. “Digital Economy: 2022. Brief Statistical Collection” // National Research University “Higher School of Economics”, 2021. [Electronic resource]. – Access mode: https://issek.hse.ru (date of access: 10.10.2022).
9. Shlyakhto I. V. Assessment of the innovative potential of an industrial enterprise // Bulletin of the Bryansk State Technical University. – 2006. – No. 1 (19). – pp. 109-115
10. [Electronic resource]. – Access mode: https://unctad.org (date of access: 10.10.2022).
ECONOMY. RIGHT. SOCIETY
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the Oryol State Agrarian University
BOLSHAKOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the Oryol State Agrarian University
GRISHINA Svetlana Yurjevna
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the Oryol State Agrarian University
IMPORT SUBSTITUTION IN THE SUGAR SUB-COMPLEX AS A FOOD SECURITY PRIORITY
The development of a sugar-producing subcomplex is the basis for ensuring food safety for a strategically important product – sugar. To solve this problem, the economic entities of the agro-industrial complex should increase the efficiency of sugar beet production, thereby ensuring the competitiveness of the domestic sugar industry. The objectives of the study included the study of the current state and trends in the development of sugar beet production in the Oryol region, the analysis of the dynamics of yield indicators, the gross harvest of sugar beet – the main source of raw materials for sugar production, the provision of sugar beet production with material resources, the assessment of the economic effectiveness of beet farming.
Keywords: sugar production, import substitution, food security, beet sugar subcomplex, sugar market.
Reference bibliographic list
1. Anichin VL, Sazonov SV The main directions of improving the economic mechanism of the agro-industrial complex // Bulletin of the Kursk State Agricultural Academy. – 2012. – No. 1. – S. 7-9.
2. Bykovskaya N. V., Ivanova N. M., Sokovikov O. B. Economic efficiency of sugar beet production in Russia // Innovations and investments. – 2019. – No. 1. – P. 258-260.
3. Voinova N. E., Chaplygina O. G. Sugar beet production as a factor in the sustainable development of municipalities of the Central Chernozem Region // Municipalities of modern regions: problems of research, development and management in conditions of geo-economic and political instability. – Voronezh, 2016. – S. 234-237.
4. Kalinicheva E. Yu., Uvarova M. N., Zhilina L. N. Toolkit for implementing a competitive strategy for the development of sugar plants in the Russian Federation // Bulletin of Agrarian Science. – 2020. – No. 1 (82). – S. 115-121.
5. Saltyk I. P. Sugar beet is the main raw material for sugar production // Scientific support of agro-industrial production: materials of the International scientific and practical conference. – Kursk, 2014. – S. 246-247.
6. Uvarov D. V. Systematization of criteria, indicators and factors of the effectiveness of the development of the sugar industry // Bulletin of the South-Western State University. – 2014. – No. 6 (57). – S. 134-139.
7. Uvarov D. V., Uvarova M. N. Optimization of raw material supply of sugar factories // Sugar beet. – 2012. – No. 9. – P. 45-48.
8. Chaplygina O. G. Features of the development of the sugar industry in Russia // Economics of sustainable development. – 2018. – No. 3 (35). – S. 193-197.
9. Proka N. I., Gulyaeva T. I., Savkin V. I., Kalinicheva E. Y., Buraeva E. V. Assessment of labor incentive policy in the agro-industrial complex // In the collection: IOP Conference Series: Earth and Environmental Science. Krasnoyarsk Science and Technology City Hall. – Krasnoyarsk, Russian Federation, 2021. – P. 22020.
ECONOMY. RIGHT. SOCIETY
CHEREMISINA Nataliya Valentinovna
Ph.D. in economical sciences, professor, professor of Economics and management sub-faculty of the G. R. Derzhavin Tambov State University
CHEREMISINA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Economics and management sub-faculty of the G. R. Derzhavin Tambov State University
GOLOMIDOVA Polina Nikitichna
student of the 3rd course of the direction 38.03.01 “Economics” of the G. R. Derzhavin Tambov State University
PUSTYNNIKOVA Elizaveta Andreevna
student of the 3rd course of the direction 38.03.01 “Economics” of the G. R. Derzhavin Tambov State University
SOCIO-ECONOMIC SITUATION OF THE TAMBOV REGION IN TIMES OF CRISIS
Based on the data of state statistics, an analysis of the socio-economic situation of the region was carried out on the example of the Tambov region. The population size, natural and mechanical movement, basic health indicators, monetary incomes of the population, average monthly wages of workers, both in nominal and real terms, are analyzed. The monitoring revealed the main problems of socio-economic development of the Tambov region.
Keywords: demographic policy, medical care, monetary income of the population, subsistence minimum, purchasing power.
Reference bibliographic list
1. Official website of the territorial body of the Federal State Statistics Service for the Tambov region. [Electronic resource]. – Access mode: https://tmb.gks.ru/
2. Official website of the Financial Department of the Tambov region. [Electronic resource]. – Access mode: https://fin.tmbreg.ru/
3. Unified interdepartmental information and statistical system. [Electronic resource]. – Access mode: https://fedstat.ru/
4. National project “Demography”. [Electronic resource]. – Access mode: https://mintrud.gov.ru/ministry/programms/demography.
ECONOMY. RIGHT. SOCIETY
ASLYAMOVA Eleonora Marselevna
magister student of the 2nd course of the National Research University “Moscow Power Engineering University”
METHODS FOR EVALUATING THE EFFECTIVENESS OF THE INTRODUCTION OF DIGITAL TECHNOLOGIES IN PROCUREMENT ACTIVITIES IN OIL AND GAS COMPANIES
This article discusses modern methodological approaches to assessing the effectiveness of the introduction of digital technologies in the procurement activities of oil and gas companies. An analysis of foreign and Russian practices for evaluating the effectiveness of IT solutions and projects for the introduction of digital technologies is presented. The main criteria parameters for calculating the financial and economic effect and relative performance indicators are determined on the example of a system of public and corporate procurement.
Keywords: procurement, digitalization, digital technologies, procurement efficiency, financial savings, labor resources, time parameters.
Reference bibliographic list
1. Digital transformation of procurement: right off the bat. [Electronic resource]. – Access mode: https://www.tadviser.ru/images/8/83/RUS_Jumpstarting_the_Digital_Procurement_Journey.pdf.
2. Kapoguzov E. A., Drozdova N. V. Performance indicators in the public procurement system in the context of digital transformation (on the example of the Omsk region) // Bulletin of the Omsk University. Series “Economics”. – 2021. – T. 19. – No. 4. – S. 88-104.
3. Methodology for evaluating the effectiveness of digital solutions. [Electronic resource]. – Access mode: https://qazindustry.gov.kz/docs/ Proekt_metodiki_otsenki_effektivnosti.pdf.
4. Khalikova E. A., Safiullin I. R. Improvement of corporate procurement management system // Eurasian legal journal. – 2017. – No. 9 (112). – S. 384-385. [Electronic resource]. – Access mode: https://www.ung.uz/?ysclid=l8mtdtc3y377321763/
5. Business planning: from theory to practice: textbook. allowance / L. I. Vanchukhina, T. B. Leibert, E. A. Khalikova. − 2nd ed., rev. and reworked. – Ufa: UGNTU Publishing House, 2016. – 305 p.
ECONOMY. RIGHT. SOCIETY
Borisov Alexander Olegovich
magister student of the Ufa State Petroleum Technical University
NIZAMETDINOVA Ekaterina Alexeevna
magister student of the Ufa State Petroleum Technical University
PROSPECTS FOR ECONOMIC STABILIZATION OF THE FUEL AND ENERGY COMPLEX OF RUSSIA IN THE CONTEXT OF THE NARROWING OF THE SANCTIONS RING
The purpose of the article is to study the prospects for economic stabilization of the fuel and energy complex (FEC) of Russia in the context of the narrowing of the sanctions ring. The methods of retrospective, statistical, graphical, comparative, prospective analyzes were used in the work. The analysis of the impact of sanctions on the stability of the functioning of the fuel and energy complex of the Russian Federation was carried out differentiated by sectors: oil and oil production, natural gas, coal. Also, special attention is focused on the prospects for the development of renewable energy sources (RES) in the Russian Federation. According to the results of the study, it was revealed that the main directions for stabilizing the fuel and energy complex of the Russian Federation are the reorientation of the market in the eastern direction, import substitution of technologies and equipment, overcoming logistical barriers, and attracting private investment.
Keywords: fuel and energy complex, coal, natural gas, oil, RES, sanctions.
Reference bibliographic list
1. The European Union has completely stopped buying Russian coal. [Electronic resource]. – Access mode: https://www.rbc.ru/politics/10/08/2022/62e229b39a794791f3187fe3 (date of access: 11/05/2022).
2. Export of oil and oil products from Russia. [Electronic resource]. – Access mode: https://ru-stat.com/date-Y2020-2021/RU/export/world/0527 (date of access: 11/05/2022).
3. How can the Russian fuel and energy complex cope with sanctions. [Electronic resource]. – Access mode: https://www.ng.ru/energy/2022-06-13/9_8459_sanctions.html (date of access: 11/05/2022).
4. Russian fuel and energy complex under sanctions restrictions. [Electronic resource]. – Access mode: https://ac.gov.ru/uploads/2-Publications/energo106.pdf (date of access: 05.11.2022).
5. Oil production and refining market 2022: fuel and energy complex under sanctions. [Electronic resource]. – Access mode: https://delprof.ru/press-center/open-analytics/rynok-dobychi-i-pererabotki-nefti-2022-tek-pod-sanktsiyami/ (date of access: 11/05/2022).
6. Simonova M. D., Zakharov V. E. Statistical analysis of trends in the development of global renewable energy // Bulletin of MGIMO University. – 2019. – No. 4. – S. 67-75.
7. Gromov A.A. Long-term effect of the COVID-19 pandemic // National Industry Journal. – 2020. – No. 2. S. 7-15.
ECONOMY. RIGHT. SOCIETY
ABRAMOV Nikita Romanovich
student of the training course “Information Security” of the Institute of History and Public Administration of the Bashkir State University
SAMIGULLIN Ruslan Rasikhovich
student of the Bashkir State University
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Bashkir State University
SOCIO-ECONOMIC CONSEQUENCES OF SANCTIONS POLICY AS REGULATORY MEASURES
The current international situation is characterized by the build-up of contradictions, the instrument of resolution of which is the sanctions policy of Western countries in order to exert pressure on other countries that do not share the hegemony of the sending countries of sanctions. The relevance of the study is determined by the build-up of the sanctions policy, the effectiveness of which raises questions and research interest in studying their impact on the state of the participating countries. The object of the study is the international space of interaction between states within the framework of ensuring international security. The subject of the study is the socio–economic space that determines the characteristics of the internal state of the recipient country of sanctions. The purpose of the study is a theoretical analysis of the effectiveness of the sanctions policy. The result of the study is a retrospective experience of the application of sanctions policy by Western countries convincingly proves the complete ineffectiveness of such measures of influence with the deterioration of the social and economic situation of both sides.
Keywords: sanctions, politics, national security, cultural restrictions, costs, efficiency.
Reference bibliographic list
1. Maller T. Diplomacy derailed: The consequences of diplomatic sanctions // The Washington Quarterly. – 2010. – T. 33. – No. 3. – S. 61-79. – DOI: 10.1080/0163660X.2010.492341.
2. Allen S. H. The determinants of economic sanctions success and failure // International Interactions. – 2005. – T. 31. – No. 2. – S. 117-138. – DOI: 10.1080/03050620590950097.
3. Best S. Sporting sanctions as symbolic violence: an evaluation of how the Football League communicates with fans who challenge the legitimacy of the sporting sanctions policy // Soccer & Society. – 2011. – T. 12. – No. 5. – S. 664-676.
ECONOMY. RIGHT. SOCIETY
KHAKIMOV Ruslan Miratovich
Ph.D. in technical sciences, associate professor of Quality management sub-faculty of the Faculty of Engineering of the Bashkir State University
ABRAMOV Nikita Romanovich
student of the Information Security training course Institute of History and Public Administration of the Bashkir State University
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Bashkir State University
INERTIA OF SOCIO-ECONOMIC SYSTEMS IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT
The sustainable development of social and economic systems within the framework of social dynamics and sustainable economic ties is complicated by the presence of the inertia factor, which inevitably provokes gaps between the motivating factors of development and the planned result. The relevance of the study is determined by the need to study the factors and prerequisites for reducing these gaps and ensuring sustainable development at all levels of the social hierarchy. The object of the study is a public space in which the preservation of national interests and national security is ensured. The subject of the study is the gaps between the elements of socio-economic systems within the framework of the concept of sustainable development and preservation of environmental well-being. The purpose of the study is to present a meaningful description of the gaps in sustainable development and measures to eliminate them. The results of the study include a theoretical justification of the presence of inertia as a factor in countering sustainable development at all levels of public space and a description of possible measures to reduce the gaps in sustainable development.
Keywords: socio-economic systems, social inertia, economic inertia, ecological balance, society, natural capital.
Reference bibliographic list
1. Lenkova O. V. et al. Managing Sustainable Development of Socio-Economic Systems //Asian Social Science. – 2014. – T. 10. – No. 24. – P. 63.
2. Kanaeva O. A. Social imperatives of sustainable development // Bulletin of St. Petersburg University. Economy. – 2018. – No. 1. – S. 26-58.
3. Khairullin V. A., Makar S. V., Yamalova E. N. Inertia in socio-economic systems: theoretical and heuristic analysis of the phenomenon // Discussion. – 2021. – No. 5 (108). – S. 88-104. – DOI 10.46320/2077-7639-2021-5-108-88-104. – EDN ZNUDXK.
4. Barbier E. B. Natural resources and economic development. – Cambridge University Press, 2005.
PHILOSOPHY. RIGHT. SOCIETY
RUDKEVICH Elena Yurjevna
Ph.D. in science philosophicals, professor of Military-political work in the military (forces) sub-faculty, branch of the Military Training and Research Center of the Air Force “Air Force Academy named after Professor N. E. Zhukovsky and Yu. A. Gagarin” in Syzran , Corresponding member of the Academy of Military Sciences
THE LEGACY OF SUN TZU AND HIS ASSESSMENT FOR THE MODERN PHILOSOPHY OF WAR
Sun Tzu’s legacy is small: a treatise on the art of war. The article gives a brief analysis of this treatise, shows its significance for the characteristics of modern hybrid wars. An attempt is made to answer the question of how universal Sun Tzu’s ideas about war and tactics of warfare are. It is stated that the era of classical wars is over, modern wars can be characterized to a greater extent as a hybrid. It is revealed that in the treatise of Sun Tzu it is possible to find provisions specific to hybrid wars.
Keywords: philosophy of war, Sun Tzu, hybrid warfare, modern warfare, military art.
Reference bibliographic list
1. Creveld M. van. War transformation. – M.: IRISEN, Sotsium, 2015. – 320 p.
2. Sun Tzu. Art of War. – M.: AST Publishing House, 2019. – 192 p.
3. Glucksmann A. Philosophy of hate. – M.: AST: AST MOSCOW: Transitbook, 2006. – 284 p.
4. Elias N. On the process of civilization. Sociogenetic and psychogenetic studies. T. 2. Changes in society. Project of the theory of civilization. – M.; St. Petersburg: University book, 2001. – 382 p.
5. Eco U. Making sense of the war // Eco U. Five essays on ethics. – St. Petersburg: Symposium, 2007. – S. 25-49.
6. Virilio P. Speed and Politics. – New York: Semiotext, 1986. – 174 rubles.
7. Clausewitz K. fon. About war. In 2 volumes – M .: LLC “Publishing House AST”; St. Petersburg: Terra Fantastica, 2002. Vol. 1. – 558 p.
8. Kaldor M. New and old wars: organized violence in the global era. – M.: Publishing House of the Gaidar Institute, 2015. – 416 p.
9. Sun Tzu. Art of War. – M.: Eksmo, 2020. – 448 p.
10. Popov I. M., Khamzatov M. M. War of the future: Conceptual foundations and practical conclusions. Essays on strategic thought. – M.: Kuchkovo field, 2016. – 832 p.
11. Shakirova E. Yu., Cherepanov A. Yu. Typology of wars: fundamentals of philosophical analysis // Bulletin of the Academy of Military Sciences. – 2018. – No. 3 (64). – S. 16-21.
PHILOSOPHY. RIGHT. SOCIETY
RUBANTSOVA Tamara Antonovna
Ph.D. in science philosophicals, professor, Head of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies
THE CONCEPT OF MAN IN THE RELIGIOUS AND PHILOSOPHICAL TRADITION OF THE MIDDLE AGES
The article analyzes Christian anthropology in Western Europe in the Middle Ages. The era of patristics is interesting in that at this time there is a process of formation of Christian theology and dogma. However, it should be noted that despite the denials of ancient values and ideals, church fathers retain interest in man, albeit within the framework of theological concepts. The article examines conceptual approaches to man in the medieval Christian tradition. The study gives a comparative analysis of the Christology of A. Augustine and the development of the ideas of Christian anthropology of T. Aquinas.
Keywords: anthropology, man, christology of Tertullian, concept of man Augustine and T. Aquinas.
Reference bibliographic list
1. Augustine A. Confession / Per. from Latin. M. K. Sergienko. – Moscow: Renaissance, 1991. – P. 156.
2. Aquinas F. The sum of theology / Per. from lat. S. E. Eremeeva, A. A. Yudina. – Kyiv: Elga, Moscow: Nika – Center, 2002. – S. 237.
3. Marru A. St. Augustine and Augustinianism. – Moscow: Vestkom, 1999. – P. 34.
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
FROM A RATIONAL ANIMAL TO A RATIONAL PERSON: THE FOUNDATIONS OF I. KANT’S ANTHROPOLOGY
The article conceptualizes the teachings of I. Kant about man as a special rational being, different from the world of things and animals. Rationality, used for higher purposes, is the basis of human dignity. The special value of a person does not follow from his biological characteristics, from his belonging to the natural world. On the contrary, its source is the ability to rise above one’s own physicality, reject the dictates of nature and act according to the laws that a person, as an intelligible being, imposes on himself with the help of his mind.
Keywords: I. Kant, Anthropology, Animal, Mind, Self-reflection.
Reference bibliographic list
1. Andriyanov I. E. The problem of correlation of apperception, self-consciousness and consciousness in I. Kant’s critical philosophy // Kant’s collection. – 2020. – T. 39. – No. 3. – S. 24-53.
2. Vorokhobov A. V. Personality from the point of view of personalistic actualism // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod: Rideau, 2020. – Issue. 18. – S. 349-359.
3. Vorokhobov A. V. Features of postmodern Western religiosity // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod, 2012. – No. 10 (10). – S. 25-35.
4. Vorokhobov A. V. Personalistic interpretation of Protestant hamartiology in the work of Emil Brunner // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. – Tambov: Diploma, 2016. – No. 9 (71). – C. 35-37.
5. Vorokhobov A. V. The problem of the referent of the Protestant hermeneutic discourse: the method of “humanistic” theology // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – Nizhny Novgorod, 2012. – Issue 17. – S. 237-245.
6. Vorokhobov A. V., Semikopov D. V., Sobko R. V., Ulanov M. V. Aesthetic and moral in N.V. Gogol // Eurasian legal journal. – 2021. – No. 2 (153). – S. 440-441.
7. Kant I. Anthropology from a pragmatic point of view // Kant I. Collected works in eight volumes. – Publishing house “Choro”, 1994. – T. 7. – S. 137-376.
8. Kant I • Critique of Pure Reason / Per. with him. N. O. Lossky with options per. in Russian and European languages. – M.: Nauka, 1999. – 655 p.
9. Locke D. Works in 3 vols. – M., 1985. – Vol. 1. – 621 p.
PHILOSOPHY. RIGHT. SOCIETY
GAYNULLIN Ruslan Anvarovich
Ph.D. in biological sciences, associate professor of the Bashkir State Medical University
BIKIMBETOV Ruslan Giniyatovich
Ph.D. in pedagogical sciences, associate professor of the Bashkir State Medical University
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
SOCIAL FORECASTING AND DESIGN OF SOCIETAL SYSTEMS
The article is dedicated to the study of theoretical and methodological problems of social forecasting and design of societal systems. The shortcomings and contradictions of the existing methodological approaches to social forecasting and the design of complex societal systems are considered, and potential directions for the development of methodology to improve the accuracy of forecasting societal objects are disclosed.
Keywords: social forecasting and design, societal system, methodology, society, risks and vulnerabilities of social systems.
Reference bibliographic list
1. Bernal J. Science in the history of society. – M.: Ed. foreign lit., 1956. – 735 p.
2. Vildanov Kh. S. To the problem of relativism of political values // Eurasian legal journal. – 2018. – No. 11 (126). – S. 438-440.
3. Vildanov Kh. S. The role of post-non-classical axiology in the study of social processes // Eurasian legal journal. – 2020. – No. 5 (144).
– S. 477-479.
4. Vildanov Kh. S., Usmanov M. R. Social engineering and social technologies in the management of social processes in a multinational and multicultural society // Eurasian legal journal. – 2019. – No. 10 (137). – S. 430-433.
5. Wiener N. The man in charge. – St. Petersburg. Peter, 2001. – 288 p.
6. The concept of sustainable development. Great Russian Encyclopedia. [Electronic resource]. – Access mode: https://bigenc.ru/world_history/text/2094308.
7. Toshchenko Zh. T. Social forecasting // Thesaurus of sociology. Thematic dictionary-reference book. Ed. Zh. T. Toshchenko. – M., 2009. [Electronic resource]. – Access mode: https://voluntary.ru/termin/prognozirovanie-socialnoe.html.
PHILOSOPHY. RIGHT. SOCIETY
GUTOROV Yuriy Alexandrovich
lecturer of the Nizhny Novgorod Theological Seminary
PLAKSIN Viktor Alexandrovich
lecturer of the Nizhny Novgorod Theological Seminary
SPIRIN Vasiliy Konstantinovich
lecturer of the Nizhny Novgorod Theological Seminary
THE EURASIAN ESSENCE OF THE RUSSIAN CIVILIZATION IN THE HISTORIOSOPHY OF THE EURASIANS
The article presents an analysis of the philosophy of Russian history, which took shape within the framework of the philosophical and political movement of Eurasianism; the genesis and basic principles of the historical and philosophical concept of the Eurasians are highlighted. The views of the Eurasianists on the problem of the relationship between Russia and Europe, East and West, as well as on the place of Russia in world history, the specifics of its statehood, history and culture, taking into account a special, middle position , are considered.
Keywords: Eurasianism, History of Russia, G. V. Vernadsky, N. S. Trubetskoy.
Reference bibliographic list
1. Gutorov Yu. A. The concept of national and international relations in the philosophy of Eurasianism. // Orthodox Church Science: Traditions, Innovations, Current Contexts. – Nizhny Novgorod, 2019. – No. 9. – S. 29-36.
2. Gutorov Yu. A. The problem of “East-West” in the work of Eurasians // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – 2011. – No. 14. – S. 233-240.
3. Gutorov Yu. A. Religion and the church as a spiritual source of the state and personality according to the teachings of the Eurasians. // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod, 2011. – No. 9. – S. 65-70.
4. Savitsky P. N. On the tasks of nomadic studies (Why should the Scythians and Huns be of interest to a Russian?). – M.: Agraf, 2010. – S. 44.
PHILOSOPHY. RIGHT. SOCIETY
NAZAROVA Marina Grigorjevna
Ph.D. in science philosophicals, associate professor of Humanities and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
N. A. BERDYAEV’S ESCHATOLOGICAL IDEAS ABOUT THE FATE OF RUSSIA AND THE WORLD
The article deals with the eschatological ideas of N.A. Berdyaev, his understanding of the history of Russia and the fate of the world, rethinking the concept of progress. The thinker reveals his approach to understanding the metaphysics of history, the essence of history, gives a philosophical analysis to the eras of human development. The doctrine of progress is connected with the understanding of time in the context of the metaphysics of history. From the position of idealism, he characterizes the errors of the concept of progress, which continue in the wrong humanistic attitudes. The humanistic ideas of the New Age considered the fate of a person in the context of temporal fragmentation, and true understanding turns a person to eternity, since only in this way can the fate of a particular person and humanity as a whole be resolved. History is an exit to another world through religious content. The transcendental exit will help solve the problems of history and remove its contradictions.
Keywords: philosophy of history, metaphysics of history, doctrine of progress, revolution, religious content, civilization, culture, end of history, humanistic idea, moral consciousness.
Reference bibliographic list
1. Abuzarova N. A. On the morality of Man // Eurasian legal journal. – 2021. – No. 2 (153). – S. 437-439.
2. Berdyaev N. A. The meaning of history. – M.: Thought, 1990. – 174 p.
3. Bondarenko VN On the formation of non-classical philosophy // Eurasian legal journal. – 2021. – No. 2 (153). – S. 465-466.
4. Kuvakin V. A. Thinkers of Russia: Izbr. lectures on Russian history. philosophy. – M.: Ros.gumanist.o-vo, 2006. – S. 395-405.
5. Nazarova M. G. Reflection of revolutionary processes in the philosophical works of N. A. Berdyaev // Revolutions in domestic and world history: to the 100th anniversary of the Russian revolutions of 1917: mater. intl. scientific conf. St. Petersburg, April 14, 2017 / ed. V. M. Dobroshtana, S. I. Bugasheva, A. S. Minina, T. V. Rabush. – St. Petersburg: FGBOUVO “SPbGUPTD”, 2017. – S. 246-249.
6. Nazarova M. G. N. A. Berdyaev’s reflections on revolutions and the fate of Russia // Revolution and modernity: materials of the scientific and practical conference on March 3, 2017 / ed. ed. A. G. ANNIN, R. V. Evstifeev. – Vladimir: Vladimir branch of the RANEPA, 2017. – S. 171-175.
7. Nazarova M. G., Abramov A. V. Russian revolutions and the modern world through the prism of philosophical views of N. A. Berdyaev // Context and reflection: philosophy about the world and man. – 2022. – Volume 11. – No. 3 A. – S. 34-40.
PHILOSOPHY. RIGHT. SOCIETY
IVANOVA Evgenia Vladimirovna
Ph.D. in science philosophicals, associate professor, professor of Ontology and theory of knowledge sub-faculty of the first President of Russia B. N. Yeltsin Ural Federal University
THE CONCEPT OF RELIGIOUS SECURITY AND ITS IMPLEMENTATION IN THE EDUCATIONAL ENVIRONMENT
The article, based on the analysis of legal documents in the sphere of regulation of national and religious relations, offers some practical recommendations for the implementation of measures aimed at observing the principles of freedom of conscience, religious tolerance among the youth through educational institutions. New forms of modern religiosity are revealed – cyber-religions and “religions of fictional worlds”, the reasons for the emergence of interest in this kind of religious phenomena of “new spirituality” are indicated. The conclusion is made about a possible “response” to the “challenges” of cyber-religious spirituality through the formation of a “civil religion” in society.
Keywords: religion, spirituality, traditional religions, religious security, new spirituality, traditional Russian values, civil religion.
Reference bibliographic list
1. Bespalenko P. N. Spiritual security in the national security system of modern Russia: institutionalization problems and solution models: Abstract of the thesis. … for the competition. scientist step. doc. polit. Sciences. Rostov-on-Don, 2009. – 54 p.
2. Egorov V. A. The theme of civil religion in modern Russian religious studies // Bulletin of the Leningrad State University named after A. S. Pushkin. – 2021. – No. 1. – P. 113-123.
3. Zabiyako A. P., Voronkova E. A., Lapin A. V., Pratyna D. A. et al. Cyberreligion: science as a factor of religious transformations; ed. A. P. Zabiyako. – Blagoveshchensk: Amur State. un-t, library of the journal “Religious Studies”, 2012. – 208 p.
4. Ivanova E. V., Melnikova E. V. Legal protection of the religious feelings of believing citizens: features of religious studies expertise // Eurasian legal journal. – 2021. – No. 2 (15.) – P. 449-450.
5. Ivanova E. V., Penionzhek E. V., Shmyrova A. Yu. Cyberreligions: the problem of participation of the Russian Orthodox Church in the media space (on the example of social networks) // Eurasian Law Journal. – 2019. – No. 10 (137). – S. 448-450.
6. Kozlov SV Legal mechanisms for ensuring religious security. Abstract of the dissertation for the degree of candidate of legal sciences: Rostov Institute of the Ministry of Internal Affairs of the Russian Federation. – Rostov-on-Don, 2006. – 24 p.
7. Melnik N. N. The phenomenon of civil religion: definition and origins of formation // Society, law, personality: issues of interaction in the modern world. Collection of articles of the international scientific-practical correspondence conference. – 2015 – S. 57-60.
8. Tarasevich I. A. Religious security as a key area of national security // Gaps in Russian legislation. – 2010. – No. 3. – P. 10-14.
PHILOSOPHY. RIGHT. SOCIETY
ALSHEVSKAYA Larisa Vladimirovna
Ph.D. in science philosophicals, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
PHILOSOPHICAL ONTOLOGY IN THE CONTEXT OF THE PEDAGOGY OF BEING: THEORETICAL AND METHODOLOGICAL ASPECT
Analyzing the ontological content of philosophy as a university discipline, the author of the article focuses on the unity of human being and being defined as substantiality. The possibility of a qualitative, deep understanding of the philosophical concept of being as an existential value as a result of its recognition in the process of self-reflection is indicated. A variant of the research work based on a system-pluralistic methodological paradigm with reference to a wide range of methods, approaches and principles of philosophical and pedagogical activity is proposed. The review of the main theses of the national pedagogy of being is made and the most important function of the philosophy of education as an educational theory is supported. The subjectivity of the “I”, which is possible only in the process of understanding-existence, is placed in the center of the epistemological paradigm of being.
Keywords: being, “I”, ontology, being, being, upbringing, education, pedagogy of being, meaning, existence, freedom, subjectivity.
Reference bibliographic list
1. Belousov M. A. On the issue of evidence in Husserl’s phenomenology: the given and the horizon // Philosophical Journal. 2021. V. 14. No. 2. S. 66-81
2. Bibikhin V. Mir. The language of philosophy. St. Petersburg: Azbuka, Azbuka-Antikus, 2016, 448 p.
3. Borytko N. M. Ontological approach in education. // Spiritual and moral education: from methodology to pedagogical activity: Collection of scientific. and method. works. / Comp. I. A. Solovtsova; ed. N. K. Sergeeva, N. M. Borytko, L. P. Razbegaeva et al. Volgograd, 2005. P. 142-152.
4. Borytko N. M. The space of education: the image of being. Volgograd: Change, 2000. 225 p.
5. Husserl E. Ideas towards pure phenomenology and phenomenological philosophy. M.: Academic project, 2009, 489 p.
6. Drozd K. V. Pedagogical potential of the event approach to the organization of interaction between the subjects of the educational space // Privolzhsky Scientific Bulletin. 2013. No. 8-1 (24). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskiy-potentsial-sobytiynogo-podhoda-k-organizatsii-vzaimodeystviya-subektov-vospitatelnogo-prostranstva (date of access: 04/20/2022).
7. Zeer E. F., Krezhevskikh O. V. Conceptual and theoretical foundations of personalized education. Obrazovanie i nauka. 2022. V. 24. No. 4. S. 11-39. DOI: 10.17853/1994-5639-2022-4-11-39
8. Kapterev P. F. Selected pedagogical works. Moscow: Pedagogy, 1982. 707 p.
9. Kokovina L. N. Ontological aspects of pedagogical reality // Bulletin of the Kostroma State University. N. A. Nekrasova. Series: Pedagogy. Psychology. Social work. Juvenology. Sociokinetics. 2012. Issue. 1. T. 18. S. 85-87.
10. Kolesnikova I. L. Pedagogical reality: the experience of inter-paradigm reflection. A course of lectures on the philosophy of pedagogy. SPb., 2001, 288 p.
11. Luzina L. M. Existential (ontological) approach to education // Strategies of education in the educational system of Russia: approaches and problems. M., 2005. S. 141-154.
12. Luzina L. M. Ontological concept of education: traditions and perspectives. 2001. [Electronic resource]. – Access mode: http://www.emissia.org/offline/2001/830.htm (date of access: 04/30/2022).
13. Luzina L. M. Synthesis of methodologies as a system of methods that allows you to see a person without reductions and simplifications. Izvestiya VGPU. 2010. No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sintez-metodologiy-kak-sistema-metodov-pozvolyayuschaya-uvidet-cheloveka-bez-reduktsiy-i-uproscheniy (date of access: 03/27/2022).
14. Luzina L. M. Theory of education: philosophical and anthropological approach. Pskov: PSPI im. S. M. Kirova, 2000, 186 p.
15. Mamardashvili M. K. Lectures on ancient philosophy. St. Petersburg: Azbuka, Azbuka-Antikus, 2014. 256 p.
16. Mamardashvili M. K. Conversations about thinking. St. Petersburg: Azbuka, Azbuka-Antikus, 2019, 576 p.
17. Pavlovsky AI Philosophy in the system of mass education: teaching as a mimetic practice // Education and science. 2022. V. 24, No. 3. S. 78-103. DOI: 10.17853/1994-5639-2022-3-78-103
18. Rozanov VV Twilight education. M.: Pedagogy, 1990, 624 p.
19. Rubinstein S. L. Man and the world. / S. L. Rubinstein. Being and consciousness. Man and the world. St. Petersburg: Piter, 2003. S. 282-426.
20. Sartre J.-P. Being and Nothing: An Experience of Phenomenological Ontology. M.: Respublika, 2000. 639 p.
21. Solovyov G. E. Event approach in the education of schoolchildren // Bulletin of the Udmurt University. Series “Philosophy. Psychology. Pedagogy”. 2009. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sobytiynyy-podhod-v-vospitanii-shkolnikov (date of access: 04/20/2022).
22. Ushatikova I. I. Implementation of the event approach in managing the formation of the professional position of future teachers // World of Science, Culture, Education. 2019. No. 1 (74). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/realizatsiya-sobytiynogo-podhoda-v-upravlenii-formirovaniem-professionalnoy-pozitsii-buduschih-uchiteley (date of access: 04/20/2022).
23. Ushinsky K. D. Pedagogical essays. In 6 volumes. T. 5. M.: Pedagogy, 1990, 528 p.
24. Heidegger M. Time and being M.: Respublika, 1993, 447 p.
25. Heidegger M. Kant and the problem of metaphysics. 2021. [Electronic resource]. – Access mode: https://psihdocs.ru/martin-hajdegger-kant-i-problema-metafiziki.html?page=62 (date of access: 04/21/2022).
26. Heidegger M. Main problems of phenomenology. St. Petersburg: Higher Religious and Philosophical School, 2001. 446 p.
27. Khodusov A. N., Kononova S. A. Ontological and worldview approach in the upbringing of children // Trends in the development of psychology, pedagogy and education: Collection of scientific papers following the results of the international scientific and practical conference. pp. 11-14. Kazan: Innovation Center for the Development of Education and Science, 2016, 123 p.
28. Chanyshev A. N. Treatise on non-existence // Philosophy and Society. 2005. No. 1. S. 5-15.
29. Shustova I. Yu. Education in the event: situational pedagogy // Pedagogy. 2018. No. 1. S. 53-61.
30. Shustova I. Yu. The formation of the subjectivity of a modern student // Domestic and foreign pedagogy. 2019. No. 1 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-subektnosti-sovremennogo-shkolnika (date of access: 04/20/2022).
31. Yampolsky M. Between outlook and the world. Logos. 2021. V. 31 No. 5. S. 77-90.
32. Yáñez A. X. Philosophy y estilo. Meditaciones sobre el camino pensante de Martin Heidegger // Eikasia revista de filosofia, 2022, 105 (marzo – abril). pags. 51-74. [Electronic resource]. – Mode of access: https://revistadefilosofia.org/105/105-03.pdf (in Spanish).
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
FUNDAMENTALS OF ANTHROPOLOGICAL VIEWS OF I. KANT (MAN AS A RATIONAL, SELF-IMPROVING BEING)
The article deals with the anthropological views of I. Kant. Man, according to the philosopher, differs from other living beings in his ability to self-improvement. This ability is played on the basis of innate qualities and inclinations. The goal of this process is a perfect rational being, i.e., a being that is always and everywhere, without any coercion, guided by reason. This is the ideal to which a person in his earthly life can approach only to a limited extent.
Keywords: I. Kant, anthropology, philosophy, innate qualities, moral inclinations, pragmatics.
Reference bibliographic list
1. Vorokhobov A. V. Features of postmodern Western religiosity // Proceedings of the Nizhny Novgorod Theological Seminary. – Nizhny Novgorod, 2012. – No. 10 (10). – S. 25-35.
2. Vorokhobov A. V. Personalistic interpretation of Protestant hamartiology in the work of Emil Brunner // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. – Tambov: Diploma, 2016. – No. 9 (71). – C. 35-37.
3. Vorokhobov A. V. The problem of the referent of the Protestant hermeneutic discourse: the method of “humanistic” theology // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – Nizhny Novgorod, 2012. Issue 17. – S. 237-245.
4. Vorokhobov A. V., Semikopov D. V., Sobko R. V., Ulanov M. V. Aesthetic and moral in the humanistic philosophy of N. V. Gogol // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 440-441.
5. Kant I. Anthropology from a pragmatic point of view // Kant I. Collected works in eight volumes. – Publishing house “Choro”, 1994. – T. 7. – S. 137-376.
6. Kant I. • Critique of pure reason / Per. with him. N. O. Lossky with options per. in Russian and European languages. – M.: Nauka, 1999. – 655 p.
6. Kant I. Fundamentals of metaphysics of morality. – St. Petersburg, 1995. – 528 p.
7. Brandt R. Kritischer Kommentar zu Kants “Anthropologie in pragmatischer Hinsicht” (1798). (Kant-Forschungen) (German Edition). hard cover. – January 1, 1999. – 544 s.
PHILOSOPHY. RIGHT. SOCIETY
GALIMOVA Lyudmila Rustamovna
postgraduate student of Philosophy sub-faculty of the Bashkir State Medical University
THE PROBLEM OF FORMING THE VALUE BASES OF SOCIALIZATION
The article discusses deals with the problems of functioning of a social subject in the process of socialization which are always conditioned by one or another value system. The value bases of behavioral models of socialization also determine the dynamics of social subjectivity. Contradictions and the main tendencies of personality formation in the process of socialization appear through the dialectic of internal and external aspects of personal formation. Value`s bases are a system that is considered as a specific mechanism for organizing motivation for social activity, therefore, the analysis is conducted in terms of socialization, values, behavioral models and social sublect.
Keywords: socialization, values, social subject, behavior models.
Reference bibliographic list
1. Bergson A. Creative evolution / Ch. 4. – M.: Kuchkovo field, 2006. – Paris. – 550 s.
2. Bourdieu P. Social space and symbolic power. – M.: Publishing House of the Beginning, 1994. – 288 p.
3. Sartre J. P. Existentialism is humanism / Twilight of the gods. – M.: Publishing house of political literature, 1989. – 344 p.
4. Habermas Yu. Moral consciousness and communicative action. – St. Petersburg: Nauka, 2000. – 380 p.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Yuliya Rabisovna
Ph.D. in science philosophicals, associate professor of Economic theory sub-faculty of the Ufa University of Science and Technology
ON THE RELATIVE CHARACTER OF EVIL
The article deals with the topic of the nature and relative nature of the phenomenon of evil. The change of paradigms in the history of philosophy has led to changes in the understanding of the problem of evil. The ontological approach to understanding the problem of good and evil is in the field of considering good as a substance, and evil as an accident, a lack of good being. The transformation of the understanding of the category of evil in the history of philosophy is associated with a shift in the understanding of the causes of evil to the cognitive ability of the subject. The concept of evil in the Modern era either acquires specific calculable meanings or is replaced by the concepts of “harmful”, “bad”, etc. Gradually, the understanding of evil is moving from an argument from the essence to an argument from reality, which leads to the understanding of a person as a being determined by the social environment.
Keywords: ontological status, being, essence, good, good, evil, metaphysics, subject, object.
Reference bibliographic list
1. Gaginsky. The ontological status of evil and the metaphysics of essence // Christian teaching, 2019.
2. Slepokurov A. A. The comprehensibility of death as evil in the teachings of N. F. Fedorov // Berdyaev N. A. The religion of resurrection (“Philosophy of the common cause” by H. O. Fedorov) // N. F. Fedorov: pro et contra: In 2 books. Book one. – St. Petersburg: RKhGI, 2004. – S. 424-469.
3. Shokhin VK The problem of evil and theodicy. – M.: IF RAN, 2006.
4. Kotenko A. A. The issue of theodicy in Leibniz and Kant // Almanac “Vita Cogitans”, Vita Cogitans. – Issue 1. No. 1. – St. Petersburg: St. Petersburg Philosophical Society, 2002.
5. Egorova Yu. R. Modern Western Philosophy. – Ufa: Slovohotov Publishing House, 2012.
PHILOSOPHY. RIGHT. SOCIETY
SHILOVA Olga Sergeevna
Ph.D. in historical sciences, associate professor of Mass communications and multimedia sub-faculty of the Irkutsk State University
SOCIO-PHILOSOPHICAL PROBLEMS OF THE ETHNOGENESIS OF THE RUSSIAN PEOPLE
The article examines the existing concepts of the formation of the Russian ethnos, rooted in the Early Slavic ethnicity. Despite the extensive list of literature concerning the ethnogenesis of the Russian people, the topic under consideration remains relevant, since this ethnos has its own prehistory even before the formation of the old Russian state, dating back several millennia. The problem of the formation of the Russian people is multifaceted and ambiguous, the question of the division of the ancient Slavs into separate ethnic groups remains open in science, the exact time of the appearance and meaning of the ethnonym “Rus” has not been determined .
The main characteristics of the ethnos are also considered in the work, special attention is paid to the initial stages of formation and the peculiarities of the self-consciousness of the early Slavs.
Keywords: ethnic groups, self-consciousness, people, philosophy.
Reference bibliographic list
1. Vernadsky G.V. History of Russia. Mongols and Rus’. – M.: Agraf, 1997. – 476 p.
2. Gumilyov LN Ethnogenesis and biosphere of the earth. – L.: Gidrometeoizdat, 1990. – 526 p.
3. Guseva N. V. Slavs and Aryans. The path of gods and words. – M: FAIR-PRESS, 2002. – 336 p.
4. Dal V. I. Explanatory dictionary of the living Great Russian language in 4 volumes. – M .: Russian language, 1982. – T. 4. – 683 p.
5. Nikolaeva N. A., Safronov V. A. The origins of Slavic and Eurasian mythology. – M.: White wolf. CRAFT. GUP Oblizdat, 1999. – 312 p.
6. Mavrodin VV The origin of the Russian people. – L .: Publishing house: Leningrad University, 1978. – 184 p.
7. Origin and ethnic history of the Russian people / Ed. B. B. Bunak – M .: Nauka, 1965. – 414 p.
8. Semenov Yu. I. Philosophy of history. – M .: Modern notebooks, 2003. – 775 p.
9. Safronov V. A. Indo-European ancestral homelands. – Gorky: Volga-Vyatka Prince. publishing house, 1989. – 402 p.
10. Trubachev O. N. Ethnogenesis and culture of the ancient Slavs. – M.: Nauka, 2003. – 500 p.
11. Shilova O. S., Khomich N. V. Social Philosophy. – Irkutsk: Megaprint, 2022. – 230 p.
PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate professor of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University
SOCIO-PHENOMENOLOGICAL STUDY OF THE BASIC LEVELS OF HISTORICAL CONSCIOUSNESS
The paper studies the historical consciousness, which has a complex multi-level structure. The basic level of historical consciousness is mythological consciousness, which does not reflect the principle of historicism, and is practically unreflexive, but compensating for gaps in higher levels of historical consciousness. The next level that lends itself to reflection is ordinary consciousness, which synthetically reflects the everyday experience of a person and society. It is pointed out that social phenomenology plays an important methodological role in the process of philosophical understanding of historical consciousness. It is emphasized that the temporal structures of consciousness, which form the basis of historical consciousness, are displayed in phenomenology in a rather complicated way. The subject is simultaneously in several times, temporal processes. The first time is his own, immediate given individual time of life. The second temporal dimension for a person is also the internal time of the secondary living of already accumulated experience (one’s own “historicity”). The third level of temporality perceived by a person becomes intersubjective, social experience (the history of society).
Keywords: social philosophy, philosophy of history, society, historical consciousness, ordinary consciousness, mythological consciousness, social phenomenology, temporality.
Reference bibliographic list
1. Husserl E. Ideas towards pure phenomenology and phenomenological philosophy. T. 1. – M.: Academic project, 2019. – 489 p.
2. Husserl E. Phenomenology of the internal consciousness of time // Collected Works. T. 1. – M.: Gnosis, 1994. – 162 p.
3. Schutz A. Favorites: The world, glowing with meaning. – M.: ROSSPEN. 2004. – 1056 p.
4. Schutz A. Social world and the theory of social action // RJ. Social and human sciences. Domestic and foreign literature. Series 11. Sociology. – M., 1997. – No. 2. – S. 24-43.
5. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of History Culture and Art Research. – 2018. – V. 7. – No. 2. – R. 41-47.
PHILOSOPHY. RIGHT. SOCIETY
LARYUSHKIN Sergey Alexandrovich
postgraduate student of philosophyhy and theology sub-faculty of the Kozma Minin Nizhny Novgorod State Pedagogical University
MANIFESTATION OF NATIONAL CONSCIOUSNESS IN THE FEAT OF THE RUSSIAN NEW MARTYRS (BASED ON THE MATERIAL OF LITURGICAL TEXTS)
The article attempts to analyze national aspects in the liturgical Orthodox text, which give an idea of the spiritual side of the national picture of the world. The appeal to texts of this kind for this purpose has its basis in the fact that it is in the hymnography that national ideas about spiritual factors in the historical process are crystallized and preserved as constants, about the formation of spiritual and moral norms and national identity on the basis of these factors, as well as the worldview of society. Modern society continues to comprehend the revolutionary events of the early twentieth century, linking the historical past with the present, searching for spiritual constants of its national identification in this comprehension. Because of this, the analysis carried out in the article can be taken into account in philosophical and sociological theories.
Keywords: nation, national identity, national idea, Holy Russia, liturgical text, new martyrs, spiritual feat.
Reference bibliographic list
1. Beglov A. L. – [Electronic resource]. – Access mode: https://psmb.ru/a/k-osmysleniyu-fenomena-novomuchenikov-i-ispovednikov-rossiyskih.html (date of access: 08/13/2022).
2. Bulgakov S., prot. Reflections on nationality. – [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Sergij_Bulgakov/razmyshlenija-o-natsionalnosti/ (date of access: 06/05/2022).
3. Kutyrev V. A. Being or nothing. – St. Petersburg: Publishing House “Aleteyya”, 2009. – 496 p.
4. Laryushkin S., prot. Ontology and universality of Christ’s Sacrifice as a means of preserving the spirituality of society // Proceedings of the Nizhny Novgorod Theological Seminary. – N. Novgorod, 2020. – No. 18. – P. 395.
5. Lepakhin VV Iconic Image of Holiness: Spatial, Temporal, Religious and Historiosophical Categories of Holy Rus’. Part 2. – [Electronic resource]. – Access mode: https://pravoslavie.ru/333.html (date of access: 08/17/2022).
6. Panarin A. S. Orthodox civilization / Comp., foreword. V. N. Rastorguev / Ed. ed. O. A. Platonov. – M.: Institute of Russian Civilization, 2014. – 1248 p.
7. Toporov VN Holiness and saints in Russian spiritual culture. T. I. The first century of Christianity in Rus’. – M .: “Gnosis”. School “Language of Russian Culture”, 1995. – 875 p.
8. Trubetskoy E. N. The meaning of life / Comp. and resp. ed. O. A. Platonov. – M.: Institute of Russian Civilization, 2011. – 656 p.
9. Fedotov G.P. Saints of Ancient Rus’. – M.: Moskovsky worker, 1990. – 269 p.
10. Shaposhnikov L. E., Parilov O. V. Formation of Russian messianism and its understanding in the early Old Believers // Bulletin of the Russian Christian Academy for the Humanities. T. 18. Issue 1. – St. Petersburg: RKhGA Publishing House, 2017.
11. Berdyaev N. A. Nationality and humanity. The fate of Russia. Experiments on the psychology of war and nationality. – M .: Philosophical Society of the USSR, 1990. – P. 19.
12. Vorokhobov A. V. Features and principles of Russian national self-consciousness // Damaskin. Journal of the Nizhny Novgorod Theological Seminary. – 2020. – No. 2 (52). – P. 10–15.
13. Vorokhobov A. V. Christian message and its contextualization // Damaskin. Journal of the Nizhny Novgorod Theological Seminary. – 2019. – No. 4 (50). – P. 10–15.
14. Vorokhobov A. V., Semikopov D. V., Sobko R. V., Ulanov M. V. Aesthetic and moral in the humanistic philosophy of N. V. Gogol // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 440-441.
15. Parilov O. V., Sobko R. V., Vorokhobov A. V., Spirin V. K. Christian Anthropology of the Russian Freemason-Conservative I. G. Schwartz // Eurasian Law Journal. 2021. No. 5 (156). pp. 509–510.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
10,191 ВСЕГО, 9 СЕГОДНЯ