CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №11(174)2022
B. Sorokin:
Russian science in conditions of modern challenges
Interview with Ph.D. in physical and mathematical sciences, professor, Head of the Laboratory of Digital Materials Science at NUST «MISIS» Pavel Borisovich Sorokin
INTERNATIONAL LAW
Tulupova E. O., Demidova T. K., Kudusova R. R., Vasiljev A. V.
The role of the UN in the problem of migration flows at the present stage
Kinyabaeva G. A.
On the problem currently of the islands of the South Pacific in the context of China’s foreign policy
Mukhametgareeva N. M., Yusupova Z. A.
Contemporary policy of the world community in the development of international environmental law
Shonin N. E.
Geopolitical power – earnest of success of diplomacy
Baturina E. V.
Formation and development of relations of the Russian Federation with the Republics of Abkhazia and South Ossetia for the purposes of alliance and strategic partnership
INTERNATIONAL PRIVATE LAW
Ermakova E. P.
Climate disputes in the European Court of Human Rights (ECHR)
Musaeva Kh. M.
Reviews of legal regulators of international maritime transport of goods
THEORY OF STATE AND LAW
Bayniyazova Z. S.
Improving the effectiveness of the legal system as one of the priorities of the Russian state in modern conditions
Gumarova R. R.
Criteria for the stability of systems and the stability of the state
Marakhovskaya K. G., Karpets S. I., Derendyaeva S. D.
Artificial intelligence in the judicial system: myth or reality?
Osadchuk E. A.
The role of electronic democracy in the formation of electoral power in the modern state
Samigullin V. K.
Legal tradition as a unique social phenomenon
Samusenko T. M., Prokudina R. O.
Legal regulation of the rules of legal technique in the Far Eastern Federal District of the Russian Federation
Padin A. E.
The genesis of Russian adversarial principle: in search of the truth
Semyonovyh A. E.
The system of legal means for the protection and defense of genetic and genomic information
HISTORY OF STATE AND LAW
Akmanov A. I.Peacekeeping activities of the USSR leadership in the late 50s – 80s of the twentieth century: initiatives and their implementation
Bessilin N. A., Kruglov E. A.
Measures to combat the obstaction of justice on the part of private persons and servants of themis in the Code of Justinian and the Salic pravda of the franks (late V-Vi centuries ad).
Lysenkov S. G., Butov S. V., Mutigullin A. V.
Troops of the NKVD or OUN-UPA: the myth of atrocities in Ukraine
Raevskaya V. A., Olovyannikova A. S., Klevtsov M. I.
The phenomenon of copyright of the Soviet period
Rodionov L. A.
On the issue of historical aspects and current trends in the Development of the Federal Treasury Department in the Samara region
Suleymanov F. M., Taktaeva Z. R.
The formation of university education in the Bashkir Trans-Urals – the result of interaction between social forces, scientific and educational policy and state-legal regulation
Gnetova L. V., Gulyaeva T. B., Barabashkina E. V., Trifаnova A. A.
Soviet legislation on alimony obligations in the Union Republics
Butov S. V.
Legal basis for the activities of the barrage detachments of the NKVD troops of the USSR without falsifying the history of the Great Patriotic War
CONSTITUTIONAL LAW
Asmandiyarova N. R.
Caring for parents as a constitutional duty in the context of criminal law
Abasov G. G., Mamchenko N. V.
The place of the Prosecutor’s Office of the Russian Federation in the State mechanism
Aboyan A. A., Badmadorzhiev G. E., Gordeev K. V.
On some aspects of constitutional reform in the Republic of Kazakhstan
Kurlyshev A. O., Yakovlev D. G.
Analysis of the concept and features of citizenship as a legal relationship
ADMINISTRATIVE LAW
Demchenko N. V., Bogacheva M. V., Kurilo S. N.
Issues of administrative and legal regulation of police activities in the exercise of functions to ensure public safety and protect public order
Iskhakov I. I., Kasimov T. S., Abdullin I. S., Kasimova D. F.
Conflict of interests: problems of legal regulation and law enforcement practice
Keramova S. N., Zakergaeva H. G.
Modern problems of public service in Russia
Posulikhina N. S.
Actual problems of legal regulation of relations for the collection, storage, processing, transfer of genetic information in the field of protecting the health of citizens
Salimova A. M.
Features of the administrative activity of the police during public events: problems of legal regulation
Tlupova A. V., Karchaeva K. A.
On the issue of rehabilitation in administrative law
Posulikhina N. S.
Medical sterilization of vulnerable categories of citizens: problems of law enforcement practice
CIVIL LAW
Alieva Z. I., Yahyaev J. Z.
Certain aspects of the implementation of the constitutional rights of citizens to freedom of conscience and religion
Voykova N. A., Moreeva S. N.
Personal data as an organization policy object
Gnetova L. V., Gulyaeva T. B., Fabrichnaya L. I., Peryashkinа A. A.
Protection of motherhood and childhood in Russia and foreign countries at the beginning of the XX century
Guliyeva Sh. T.
Features of the development of a leasing contract in the legislation and practices of the Republic of Azerbaijan
Mazanaev M. S., Khanarslanova Z. D.
Civil law regulation of the construction contract
Rybinskaya E. T., Sterkhov P. A.
Formation and development of the institute of ownership of real estate
Semenova N. S.
Internal regulations of religious organizations: concept, content and law enforcement
Khilko I. Yu.
The improving of social protection of judges, public prosecutors, employees of the Investigative Committee of the Russian Federation, certain categories of military personnel, employees of federal executive authorities and combat veterans
Drachev A. V.
Mediation in the digital society: disputes involving economic entities in the construction industry of Russia
Komleva T. M.
The history of the development of inheritance law in Spain and its first legal sources
Kostin A. V.
Recognition of the contract as invalid in the presence of an anti-moral acceptance
Mazanaev M. Sh., Okuneva A. V.
Civil law regulation of the construction contract
Balmashnov E. A., Patrushev K. Yu.
Set-off terms
CIVIL PROCESS
Ivanova L. A.
On the issue of conciliation procedure in civil proceedings
LABOUR LAW
Makhonin D. D., Scobileva I. V.
Features of the legal status of women at work
FAMILY LAW
Scobileva I. V., Makhonin D. D., Derendyaeva S. D.
The phenomenon of actual marriage relations: popularization, advantages, regulatory problems
ECOLOGICAL LAW
Ermakova E. P.
Formation of a green model of Russia’s economic development in a difficult political situation in 2022
Kodolova A. V.
Review of judicial practice on compensation of damage to soils due to illegal waste management
FINANCIAL LAW
Karev D. A., Kamaeva Ya. M.
Forms of financial activity of the state
Butko S. P.
History and problems of development of the banking sector
Marakhovskaya K. G., Karpets S. I., Ponomarev O. V.
Problems of implementation of the state audit by the Accounting Chamber of the Russian Federation
Ponomarev O. V., Platonova A. D., Argunova V. M., Nepoyranova M. V.
Trends and prospects for the development of regulatory base of internal financial control in the public sector
TAX LAW
Androsova A. O.
Mechanism for ensuring the effectiveness of tax control within the framework of the economic security of the region
Dibirov Yu. S., Yakubova Z. S.
The concept and essence of the simplified taxation system as a special tax regime
ENTREPRENEURIAL LAW
Badmadorzhiev G. E.
On the question of the place of the set of norms on the invalidity of transactions in a bankruptcy case in the system of law of the Russian Federation
INFORMATION LAW
Kovsh S. V.
Information law and information legislation in the context of innovative development
CRIMINAL LAW
Abovyan E. P., Ananjeva E. O.
On the issue of prevention of corrupt behavior
Abdullin A. R.
Criminalization of repeated propaganda or public demonstration of Nazi paraphernalia or symbols (art. 282.4 of the Criminal Code of the Russian Federation)
Bagamaeva J. M.
Objective signs of commercial bribery
Bijamov T. T., Marianov A. A., Musaev K. B.
Problems of personality deformations of juvenile delinquents
Borovskikh I. Yu., Tailova A. G., Abakarova B. G.
Features of qualification of intentional infliction of moderate harm to health in the presence of mitigating circumstances
Bushkov D. V., Kapitsa V. S.
Regulation of responsibility for involving a minor in the commission of a crime and anti-social actions in the legislation of foreign states
Viskov N. V., Rozhnov A. P.
The impact of technology development on the concept of the subject of crime
Kartasheva E. V., Bichenova A. R.
Crimes against the order of management: criminal-legal characteristics
Magomedov H. B., Magomedova E. V., Tailova A. G.
General criminological analysis of the influence of negative background phenomena on crime
Nikulin D. V.
Problems of protecting the personal rights of participants in criminal proceedings when using electronic information in the investigation of crimes
Pkheshkhova I. M.
The objective side of public dissemination of knowingly false information
Stupina S. A.
On the issue of criminal responsibility of war criminals in the conditions of modern realities
Trubchaninov A. V., Biryukov S. Yu.
Separate issues of qualification and investigation of crimes related to unofficial digital assets
Sakhuev V. J., Tailova A. G., Magomedov H. B.
Features of criminal liability of minors under the legislation of some foreign states
Stupina S. A., Sherstyanykh A. S.
Criminal liability for the destruction or damage of forest plantations: on the issue of legislative regulation
Bagamaeva J. M.
Criminal liability for encroachment on the life of a law enforcement officer
Bijamov T. T., Marianov A. A., Musaev K. B.
Problems of personality deformations of juvenile delinquents
CRIMINAL PROCESS
Bondar M. M., Luginets E. F.
Main trends in modernization of legislation regulation of the institute of civil action in criminal proceedings
Gadzhiev A. S., Kukhtyaeva E. A.
Participation of subjects on the part of the prosecution in criminal procedural proof
Zimneva S. V., Avdeev K. O.
Perspectives of the usage of electronic evidence in criminal proceedings
Zolotukhin N. A.
On the issue of abuse of the right by participants in criminal proceedings, when familiarizing themselves with the materials of a criminal case
Isaeva R. M., Gusak V. V.
Some aspects of the interrogation of an employee of dog training units who used a police dog to solve a crime
Kairgaliev D. V., Eremin S. G., Vasiljev D. V., Mogutin R. I.
Gasoline as an object of judicial examination in criminal proceedings
Kelarev A. V., Khayrusov D. S.
Modern problems of expert research in criminal proceedings
Popova L. N.
Features of video conferencing application when extending the term of a preventive measure in the form of house arrest
Suleymanov T. A., Nazarkin E. V., Novikova L. V., Kadykov D. A.
The content and orientation of the criminal procedure policy of the Russian Federation in the context of modern threats and challenges
Shugaibova S. S., Bijamov T. T., Marianov A. A.
Forms of using special psychological knowledge in criminal proceedings in cases involving minors
Fetishcheva L. M., Turovskaya Ya. D.
The main provisions of the search as an investigative action and regime measure in the institutions of the penitentiary system of the Russian Federation
CRIMINAL-EXECUTIVE LAW
Belova E. Yu., Belov V. I.
On the issue of the transfer of convicts to forced labor under escort (Part 3 of Article 60.2 of the Criminal Code of the Russian Federation)
Zinkov E. N., Golubtsova K. I.
Features of public control over the provision of human rights in correctional centers of the federal penitentiary service of Russia
Klimovskiy A. S., Taranin M. A.
The personality of the supervised person as a subject of the study for choosing the optimal forms of the preventive work
Magomedova M. R.
Correctional institutions of Russia: problems and solutions
Ushakov R.V.
Comparative legal analysis of the legitimate interests of persons sentenced to imprisonment in the member states of the Eurasian Economic Union
CRIMINALISTICS
Vesyolin V. V., Vnukov V. I.
Possible ways to improve the work of the forensic department of the territorial body of internal affairs
Dvoryanov I. B.
Production of forensic examinations in the investigation of crimes involving the unlawful conversion of civilian weapons
Minkina E. S.
The essence and content of the criminalistic characteristics of crimes commited by organized criminal groups for the purpose of stealing citizens property
Nazarkin E. V., Suleymanov T. A., Novikova L. V., Kadykov D. 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
Chermeneva S. S.
The specificity of the investigation of crimes committed in the sphere of housing and utilities in the conditions of counteraction to the investigation
Firsov G. V.
General trends in the development of the classification of tasks of forensic handwriting examination
CRIMINOLOGY
Agjabekov M. V., Tailova A. G., Abdulkadirova Kh. D.
Features of corruption among tax officials
Kurbatova G. V., Koval M. I.
The current state and directions of countering cybercrime in Russia
Magomedov H. B., Magomedov M. M., Tailova A. G.
Criminological problems of combating professional crime of persons
SECURITY AND LAW
Balaeva J. B.
Threats to the national security of the Russian Federation and directions for their neutralization in the light of National Security Strategies
Voykova N.A.
Analysis and management of certain risks of fraud in the field of personal data protection
Lonshchakova A. R.
Factors determining the features of ensuring information security at individual infrastructure facilities (features of introduction to secure development)
Trunov I. L.
“Food is a weapon”. Food security of Russia
Ulendeeva N. I.
Legal aspects of the inclusion of penitentiary facilities and their adjacent territories in the federal concept of “safe city”
STATE AND LAW
Abramov N. R., Nafikov I. R., Usmanov N. S., Fayzulin A. R.
Socio-economic security of the legal space of Russia
Bevzyuk P. I., Kornilov A. R., Koshelyuk B. E.
Public expertise as a form of public control
Dreval L. N., Shkurin A. V.
On dispositivity in criminal law
Kornilov A. R., Koshelyuk B. E., Sokolova E. A., Khristoforova E. I.
International Red Cross and Red Crescent movement: formation and role in the modern world
Klevtsov M. I., Olovyannikova A. S., Raevskaya V. A.
The impact of the globalization process on political and legal doctrines in Russia
MEDICAL LAW
Tishchenko V. V.
Legal regulation of human genome databases in the Russian Federation
PEDAGOGY AND LAW
Kagirova A. Kh.
Modern youth about corruption
Abdulmutalimova Z. M., Serkerov S. E., Mirzayeva Z. Z.
Features of compulsory measures of educational influence applied to minors
Makaeva G. Z.
Performance of students’ perception of legal information from external sources
Popov I. V.
Features of conducting virtual laboratory workshops in special disciplines within the framework of independent work in departmental educational organizations of the penal system
Kagirova A. Kh.
The peculiarity of the process of integrating information and communication technologies into the educational process
POLICY AND LAW
Bondarenko A. V., Kostyleva E. G., Levashov D. A.
Assessment of international problems in the Republic of Bashkortostan
Gabdrakhmanova L. N., Yakupova G. A., Ivleva V. I.
Features of the legal regulation of the digital communication environment of healthcare institutions in the Russian Federation (on the example of the Republic of Bashkortostan)
Makayeva G. Z.
Neologisms of the last decades and their reflection in the language of politics and law
Mastyukova I. I., Kutsepalova V. S., kazimov A. I.
Youth policy of the Russian Federation
Rakhimkulov R. A.
Problems of patriotism in the modern world
Romanov A. A., Abazov A. B., Kovalev V. V.
Characteristics of the general scenario of “color revolutions” as a way to promote the interests of the west
PSYCHOLOGY AND LAW
Goncharenкo E. V., Argun S. N., Taysaeva S. B., Jokua A. A., Polyakova E. V., Stus E. A.
Closing gestures in psychological practice and non-instrumental lie detection
Sochivko O. I.
On the question of the psychology of life convicted
SOCIOLOGY AND LAW
Komleva R. N.
Motives for postponing childbearing by urban families in the Republic of Bashkortostan
ECONOMY. LAW. SOCIETY
Abdullaev V. A., Suleymanova A. M.
The main problems and current trends in the development of the mortgage lending market in Russia
Bayrushin F. T., Shaybakova E. R., Budkov D. A., Gilyazova A. I.
Information protection of the national economy of Russia
Barlybaev U. A., Musin U. R.
Development of rural tourism, eco-ethnoparks as a factor in the diversification of the economy of rural areas
Volov M. A., Surdumova E. G., Nepeeva Kh. Yu., Aksorova K. H.
Innovations as a tool for attracting investments in the context of digitalization of the economy
Klyavlina Ya. M., Bobkov O. V., Syundyukova D. R., Gilfanov D. A.
Analysis of the factors of the marketing environment of a startup project
Kerefova B. R., Chernozyomova Ya. V., Saveljev E. D.
Compulsory social insurance as an organizational and legal form of social security
Kutsepalova V. S., Nesina A. M., Vdovenkova O. V., Kazimov A. I., Belousov N. A.
Free trade area and economic integration in Africa
Samigullina A. F., Nugmanov I. I.
Features of local self-government
Novikov I. A.
Foreign economic factors of technological convergence
Mukhamadieva E. F., Balikbaeva R. S., Galimullina N. A., Fayzullina A. S.
Economic security of credit institutions
Кhodkovskaya Yu. V., Fazrakhmanov I. I., Barkova E. E.
A new paradigm of interaction between education, science and production: transformation of competencies
PHILOSOPHY. LAW. SOCIETY
Avetisyan V. S.
Feminitives as a Linguistic Marker of the Gender Problem in Modern Society
Alshevskaya L. V.
Subject aspect of gnoseological approach in the pedagogy of being
Vinogradova N. V., Khasanova D. D.
Artificial intelligence: a tool for solving problems or an equal partner?
Gaiday M. K., Kurilo S. N.
The family and its impact on youth
Kolosova I. V.
Dynamics of legal values in the socio-political realities of contemporaneity: philosophical analysis
Seregin A. A.
Antinomy of war in N. A. Berdyaev’s philosophy of inequality
Suleymanova R. Р., Kornienko K. A.
Storytelling as a philosophical concept modern communication
Timoschuk E. A.
Post-Husserlian phenomenology of politics
Vinogradova N. V., Khasanova D. D.
Robots in human life: an indicator of growing alienation or a way to overcome it
TULUPOVA Elena Olegovna
Ph.D., associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
DEMIDOVA Tatyana Konstantinovna
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
KUDUSOVA Regina Raviljevna
officer of the Multifunctional Migration Center, Ufa
VASILJEV Alexander Viktorovich
Ph.D., associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of Science and Technology, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
THE ROLE OF THE UN IN THE PROBLEM OF MIGRATION FLOWS AT THE PRESENT STAGE
International migration is one of the most serious and complex problems facing humanity, and today it is on the agenda of most countries represented by the United Nations and the international community. For many national and international conflicts, the topic of immigration control and its related problems is of great importance. The concentration of migrants from different countries in more developed countries and the neglect of new problems for various reasons set the stage for social crises related to overpopulation in certain regions. In this respect, the UN system is becoming increasingly important.
Keywords: United Nations, convention, protocol, migration.
Reference bibliographic list
1. Vorobieva O. D. Migration processes of the population: issues of theory and state migration policy // Problems of legal regulation of migration processes on the territory of the Russian Federation: analytical bulletin of the Federation Council of the Federal Assembly of the Russian Federation. – 2003. – No. 9. – P. 47.
2. Kiseleva E. V. International legal regulation of migration: a textbook for universities. – 3rd ed., Rev. and additional – Moscow: Yurayt Publishing House, 2022. – 241 p. (Higher education). – ISBN 978-5-534-07132-0. [Electronic resource]. – Access mode: https://urait.ru/bcode/491766 (date of access: 07.09.2022).
3. Lapuk V. E., Demidova T. K. Illegal migration as one of the factors in the spread of terrorism // International Journal of the Humanities and Natural Sciences. – 2022. – No. 1-2 (64). – S. 114-116.
4. Lukyanets A. S., Savtsova Ya. S. Ecological migration: approaches to definition, causes, consequences and trends // Scientific Review. Series 2: Humanities. – 2018. – No. 6. – S. 21-32.
5. Erkenov R. A. The goals of sustainable development of the UN and their adaptation in the world. – 2020. – T. 19. – No. 1. – P. 104-110.
6. Guterres, A. The UN Secretary-General on the global digitalization and international cooperation // Digital Law Journal. – 2021. – Vol. 2. – No. 2. – P. 10-13.
7. McAdam J. Climate Change Displacement and International Law: Complementary Protection Standards. UNHCR. Legal and Protection Policy Research Series, 2021. – P.5.
INTERNATIONAL LAW
KINYABAEVA Gulnazira Airatovna
Ph.D. in historical sciences, associate professor of International law and International relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
ON THE PROBLEM OF THE ISLANDS OF THE SOUTH PACIFIC IN THE CONTEXT OF CHINA’S FOREIGN POLICY
Continuing changes in the geopolitical picture of the world after the collapse of the bipolar system have led to the formation of a radically new situation in the Asia-Pacific region (APR). Currently, the Asia-Pacific region is being transformed into a region that occupies key positions in the world economy and politics. The article is devoted to the analysis of the situation in the South Pacific Islands related to the delimitation of spheres of influence by the United States and China, in accordance with their goals, diplomatic approaches and integration interests of island states.
Keywords: China, South Pacific Islands, Asia-Pacific, USA, Belt and Road Initiative.
Reference bibliographic list
1. Kanaev E. A. South Pacific in the Belt and Road Initiative: Aspects of Security // Southeast Asia: Actual Problems of Development. – 2020. – T. 1. (46). – S. 288-302.
2. Alexandrov O. B., Borovsky Yu. I., Martynov B. F. Modern international relations 1991-2020: Europe, Northeast Asia, the Middle East, Latin America. – M., 2021. – 768 p.
3. 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.
4. The UN and the challenges of the modern world in the XXI century: a collective monograph / A. Kh. Abashidze, M. A. Simonova, R. V. Nigmatullin [and others]. – Ufa: Bashkir State University, 2021. – 152 p.
5. Nigmatullin R. V. The role of diplomatic protocol in modern international relations // Eurasian legal journal. – 2019. – No. 5 (132). – S. 22-25.
INTERNATIONAL LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Ufa University of Science and Technology
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Ufa University of Science and Technology
CONTEMPORARY POLICY OF THE WORLD COMMUNITY IN THE DEVELOPMENT OF INTERNATIONAL ENVIRONMENTAL LAW
The article is dedicated to the study of the features of the legal policy of the international community in the direction of ensuring environmental security at the present time. The process of formation of the branch of international environmental law is briefly analyzed. The main trends in the improvement of legislation in the sphere of environmental protection in the last few years are revealed on the example of some foreign countries. On this basis, the most problematic issues of ensuring environmental safety are highlighted. As a result of the conducted research common features of foreign countries’ policy in the given issue are shown.
Keywords: international environmental law, environment, environmental security, national strategy, convention.
Reference bibliographic list
1. Yusupova Z. A., Mukhametgareeva N. M. International environmental law: convergence of ideas of sustainable development and environmental protection // Legal state: theory and practice. 2015. No. 4 (42). pp. 151-155.
2. James Harrison, Significant International Environmental Law Developments: 2021-22 // Journal of Environmental Law. 2022. R. 121-128.
INTERNATIONAL LAW
SHONIN Nikolay Egorovich
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
GEOPOLITICAL POWER – RECIPE FOR THE SUCCESS OF DIPLOMACY
This article considers the circumstances, which provide the success of the diplomacy during talking and preparation of the agreements. The author notes that the diplomacy played the most role in the regulation of the international relations in the previous ages, while the states were practically equipowerful in military and economical terms. The situation began to change after the October 1917, when political ideology began to play a significant role in the interstate relations. Even greater the work of diplomats became complicated after the World War II on account of building of two antagonistic military-political blocs. In the 21st century the so called collective West does not worry anymore about the ideological shelter of its aggressive foreign policy and openly speaks about its old object – to destroy Russia as a state. It unrolled a global information and economic war against Russia. Under such conditions the diplomacy is powerless: the power can be overpowered only by another power.
Keywords: geopolitical power, diplomacy, international relations, agreement, regulation of the international relations, aggressive foreign policy, political ideology, antagonistic military-political blocs, collective West, information and economic war.
Reference bibliographic list
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3. Tsygankov P. A. Theory of international relations: Proc. allowance. – M.: Gardariki, 2003.
4. Rowlands K. “A decisive advantage at sea”: naval diplomacy in strategic thought // Review of the Naval War College. – 2012. – No. 65 (4). 5-5.
5. Nartov N. A. Geopolitics: Textbook for universities / Ed. prof. V. I. Staroverova. – 2nd ed., revised. and additional – M.: UNITI-DANA, Unity, 2003.
6. Isaev B. A. Political science. – 5th ed. – St. Petersburg: Peter, 2005.
7. Suleimanova R. R. Problems of communication in the history of social and philosophical thought // Bulletin of the Chelyabinsk State University. – 2011. – No. 2 (217).
8. Nigmatullin R. V. Cooperation of states in ensuring the security of the population: textbook. allowance / R. V. Nigmatullin; R. V. Nigmatullin; Ministry of Internal Affairs Ros. Federations; Ufim. legal in-t. – Ufa: ON and RIO UUI of the Ministry of Internal Affairs of the Russian Federation, 2004.
INTERNATIONAL LAW
BATURINA Elena Viktorovna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
FORMATION AND DEVELOPMENT OF RELATIONS OF THE RUSSIAN FEDERATION WITH THE REPUBLICS OF ABKHAZIA AND SOUTH OSSETIA FOR THE PURPOSES OF ALLIANCE AND STRATEGIC PARTNERSHIP
The article reveals the importance of Russia’s alliance and strategic partnership with the republics of Abkhazia and South Ossetia mainly at the present time – against the background of the global crisis and the growing threats that hinder the creation of an effective security system in a multipolar world. Along with this, a retrospective of the Georgian-Abkhaz and Georgian-South Ossetian conconflicts is being held. The prerequisites and consequences of the forced struggle of the Abkhazian and South Ossetian peoples for their ethnic interests with the nationalism of the Georgian leadership are considered. Particular attention is paid to the need to form a system of collective security of the Russian Federation with the republics of Abkhazia and South Ossetia, which contributes to ensuring stability in the Transcaucasian region and the stable development of states.
Keywords: alliance, strategic partnership, Georgian-Abkhazian and Georgian-South Ossetian conflicts, collective security system, good-neighborly belt, sovereignty, Transcaucasian region.
Reference bibliographic list
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2. Lysenko VV Legal status and. the role of public associations in the system of domestic and international relations: the experience of Russia, Moldova and Transnistria. – M.: Prospekt, 2015. – 256 p.
3. Starovoitova GV National self-determination: approaches and case studies. – St. Petersburg: Limbus Press, 1999. – 266 p.
4. Tsyganok A. D. Russia in the South Caucasus: Georgian-Ossetian war, August 8-13, 2008 – M., 2010. – 326 p.
INTERNATIONAL PRIVATE LAW
ERMAKOVA Elena 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
CLIMATE DISPUTES IN THE EUROPEAN COURT OF HUMAN RIGHTS (ECHR)
The article argues that national courts have become a decisive lever in the fight to protect the climate from changes. The question of whether the European Court of Human Rights will join the national courts has not yet been resolved. In October 2020, the ECHR reported on the first case related to climate change submitted to the court – “Duarte Agostinho and Others v. Portugal and 32 Other States”. Currently, 10 climate disputes are already under consideration by the ECHR. Three lawsuits were submitted to the ECHR Grand Chamber, which includes 17 judges, as representing a “serious issue” affecting the interpretation of the European Convention on Human Rights (the Duarte Agostinho case, the Union of Swiss Senior Women case and the Carême case) . The article summarizes the circumstances of the mentioned climate disputes and expresses opinions on the prospects of their consideration by the ECHR court. The first climate lawsuit to be considered by the ECHR in March 2023 will be the Union of Swiss Senior Women lawsuit.
Keywords: climate lawsuits, Paris Agreement, ECHR, ECHR, Duarte Agostinho case, Union of Swiss Senior Women case, Carême case.
Reference bibliographic list
1. Ermakova E. P. (2022). Features of dispute resolution in the field of climate protection by state courts and arbitration // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – T. 26. – No. 1. – S. 192-209. – DOI 10.22363/2313-2337-2022-26-1-192-209
2. Kleandrov M. I., Frolova E. E., Ermakova E. P. Fundamentals of legal regulation of “green” financing in Russia and the European Union. – M.: RUDN 2021. – 74 p.
3. Kosolapov M. F. Features of the protection of environmental rights by the Council of Europe: the practice of the ECtHR // Ecologization is the main task of sustainable development of society: a collection of articles based on the materials of the International scientific and practical conference dedicated to the Year of Ecology and the Year of Specially Protected Natural Areas in Russia, Saratov, December 08, 2017 / Saratov State Law Academy. – Saratov: Saratov State Law Academy, 2018. – P. 108-113.
4. Niska T. (2020). Climate Change Litigation and the European Court of Human Rights – A Strategic Next Step? // The Journal of World Energy Law & Business. 13. 331-342. DOI. 10.1093/jwelb/jwaa028.
5. Pouikli K. Editorial: a short history of the climate change litigation boom across Europe. ERA Forum 22, 569–586 (2021). [Electronic resource]. – Access mode: https://doi.org/10.1007/s12027-022-00700-1
INTERNATIONAL PRIVATE LAW
MUSAEVA Khava Minatulaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
REVIEWS OF LEGAL REGULATORS OF INTERNATIONAL MARITIME TRANSPORT OF GOODS
The article analyzes the issues of legal regulation maritime transport contracts. The author considers the problems of the correlation of international legal and national legal regulation of contractual relations for the carriage of goods by sea, indicates the existing international and national conflicts.
Keywords: contract international maritime transport of good, carriers liability, loss of cargo, damage to cargo, multimodal contract.
Reference bibliographic list
1. Lebedev S. N. The new UN Convention on the carriage of goods by sea // Yearbook of the Law of the Sea 2008. Anniversary edition for the 40th anniversary of the Association of International Maritime Law. – M.: Linkor, 2009. – S. 281-289.
THEORY OF THE STATEAND 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
IMPROVING THE EFFECTIVENESS OF THE LEGAL SYSTEM AS ONE OF THE PRIORITIES OF THE RUSSIAN STATE IN MODERN CONDITIONS
The article examines the issue of optimization of the legal system. The thesis is argued about the need to identify the main value orientations of the development of the domestic legal system, in the parameters of the system justification of which it is possible to determine the promising directions of its development, taking into account modern challenges of the time. The article pays considerable attention to the consideration of the significance of the legal system. The author makes a reasonable conclusion that in modern conditions it is important to provide an appropriate mechanism for adapting the legal system to new challenges. The legal organization of public life should be adequate to the needs of the time, which largely depends on the state and level of development of the domestic legal system.
Keywords: legal system, legal policy, development guidelines, challenges of the time, digital era.
Reference bibliographic list:
1. Kerimov D. A. Philosophical problems of law. M.: Thought, 1972. 472 p.
2. Kistyakovsky B. A. Philosophy and sociology of law. St. Petersburg: RKhGI, 1998. 798 p.
3. Oksamytny V.V. Legal systems in the comparative dimension: history and modernity // Bulletin of the Bryansk State University. 2012. No. 2-1. pp. 145-148.
4. Human rights and the legal social state in Russia / Otv. ed. E. A. Lukasheva. M.: Norma: INFRA-M, 2011. 400 p.
THEORY OF GOVERNMENT AND RIGHTS
GUMAROVA Rezeda Raisovna
Ph.D. in biological sciences, associate professor of legal disciplines sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology
CRITERIA FOR THE STABILITY OF SYSTEMS AND THE STABILITY OF THE STATE
The article examines the issues of stability of states from the point of view of a systematic approach. The state is an open system; the basic laws of the existence and development of systems are applicable to such social systems as states. The paper analyzes the criteria for the stability of systems, such as the variety of elements composing the system, the mass (dimentions) of the system, the flow of energy and matter. The article provides examples of comparing social and natural systems to the extent possible to achieve the purpose of this work. It is shown that the Russian Federation as a system has a great potential for stability under internal disturbances and external influences.
Keywords: stability of the state, stability of systems, criteria of stability of systems, diversity, mass of the system, matter and energy in the system, economic stability, political stability.
Reference bibliographic list
1. Bigon M., Harper J., Townsend K. Ecology. Individuals, populations and communities. – M.: Mir, 1989.
2. Buravlev A. I. On the issue of assessing the macroeconomic stability of the state // Economic policy. – 2016. – No. 2. Volume 1.
3. Bushmeleva A. O., Petrov P. A., Salnikov M. V. Influence of politics on the social stability of the state // World of Politics and Sociology. – 2018. – No. 2. – P. 105-111.
4. Dmitriev Yu. A., Konyukh B. A., Mamedov S. N., Shustov L. I. Diversification as a factor in the sustainable activity of enterprises // Economics and management: problems, solutions. – 2020. – Vol. 1. – No. 11 (107). – S. 109-114. – DOI 10.34684/ek.up.p.r.2020.11.01.014.
5. Kormilitsyna I. G. Financial stability: essence, factors, indicators // Finance and credit. – 2011. – No. 35 (467). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/finansovaya-stabilnost-suschnost-faktory-indikatory (date of access: 12/11/2022).
6. Korchagina E. V. Economic stability of the enterprise: types and structure. // Problems of modern economy. – 2005. – No. 3/4 (15/16). [Electronic resource]. – Access mode: http://www.m-economy.ru/art.php?nArtId=820 (date of access: 12/11/2022).
7. Maryganova E. A., Dmitrievskaya N. A. Human capital as a factor of sustainable development // Statistics and Economics. – 2013. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/chelovecheskim-kapital-kak-faktor-ustoychivogo-razvitiya (date of access: 12/11/2022).
8. Odum Yu. Ecology. In 2 volumes. Volume 1. – M., 1986. – 329 p.
9. Ponomarev A.I. The phenomenon of sustainability as a macroscopic parameter of the national security of the Russian Federation // National Security / Nota bene. – 2018. – No. 1. – S. 19-32. DOI: 10.7256/2454-0668.2018.1.25218 [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=25218
10. Surmin Yu. P. Theory of systems and system analysis: Proc. allowance. – K.: MAUP, 2003. – 368 p.
11. Turganova L. V., Savenkova O. Yu., Morozova N. S. Systematization of approaches to determining the sustainable development of the region // Modern problems of science and education.ania. – 2014. – No. 3. [Electronic resource]. – Access mode: https://science-education.ru/ru/article/view?id=13379 (date of access: 05.12.2022)
12. Firsov A. V. Political stability as a factor of national security of the state // Search: Politics. Social science. Art. Sociology. Culture. – 2016. – No. 2. – P. 57-63.
THEORY OF GOVERNMENT AND RIGHTS
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
Karpets Svetlana Igorevna
student of the 3rd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofya Dmitrievna
student of the 3rd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ARTIFICIAL INTELLIGENCE IN THE JUDICIAL SYSTEM: MYTH OR REALITY?
This article discusses the problem of introducing artificial intelligence into the world of legal professions. Foreign examples of the use of artificial intelligence in judicial, advocacy and other legal activities are given. Conclusions were drawn about the expediency of introducing such information technologies into the legal sphere, since its further development is directly related to the penetration of artificial intelligence into human legal activity.
Keywords: artificial intelligence, lawyer, robots, legal-tech, innovative technologies.
Reference bibliographic list
1. Sokolova A. A. Artificial intelligence in jurisprudence: implementation risks // Legal Technique. – 2019. – No. 13.
2. Khasanov A. R. Influence of predictive analytics on the activities of companies // Strategic decisions and risk management. – 2018. – No. 3.
3. McGinnis J. O., Pearce R. G. The great disruption: how machine intelligence will transform the role of lawyers in the delivery of legal services. Actual Problems of Economics and Law. – 2019. – No. 13(2).
THEORY OF GOVERNMENT AND RIGHTS
OSADCHUK Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
THE ROLE OF ELECTRONIC DEMOCRACY IN THE FORMATION OF ELECTRONIC POWER IN THE MODERN STATE
The article explores theoretical issues related to the use of new information technologies and the formation of electronic democracy. The main problems and contradictions are analyzed. The legal essence of e-democracy is also comprehensively and systematically investigated with the involvement of foreign sources. In foreign practice, e-democracy is gradually expanding, covering issues not only of state, but also of public self-government. The development of various practices and tools of e-democracy is becoming widespread in global practice. The article describes the conceptual framework, the features of legal regulation; gives a legal assessment of the possibilities for the development of electronic voting in the system of electronic democracy.
Keywords: information technology, political communication, democracy, e-democracy, political participation, information and legal space.
Reference bibliographic list
1. Butuzov S. V. Information function of law: author. dis. … for the competition. scientist step. cand. legal sciences: spec. 12.00.01 “Theory and history of the state, the history of the doctrine of law and the state.” – St. Petersburg, 2004. – 24 p.
2. General theoretical jurisprudence: training course: textbook / Pod. ed. Yu. N. Oborotova. – O.: Phoenix, 2011. – 436 p.
3. Proskurina O. The challenge of communications and the response of the cultural field of politics // Political management. – O., 2005. – No. 2. – S. 103-107.
4. Lion D. Information society. Problems and illusions. – M.: INION AN USSR, 1989.
5. Dahl R. Democracy and its critics / [per. from English]; ed. M. V. Ilyina. – M.: ROSSPEN, 2003. – 576 p.
6. Toffler E. Future shock. – M .: OOO “Publishing House ACT”, 2002. – 557 p.
7. Novikova I. The role and place of mass media in the development of the information society // Power. – 2009. – No. 8. – P. 37-41.
8. Simutin VV Principles of organization and activity of the mechanism of the modern state: author. dis. … for the competition. scientist step. cand. legal sciences: spec. 12.00.01 “Theory and history of state and law; history of political and legal doctrines”. – O., 2015. – 18 p.
9. Ruchkin A. V., Chizhov A. A. Electronic voting in elections to state authorities and local self-government: the experience of Estonia // Management Issues. – 2018. – No. 5 (54). – S. 54-60.
10. Dudchenko VV The problem of conceptualization of law // Actual problems of state and law: Sat. scientific works. – O.: Jurid. lit., 2005. – Issue. 24. – S. 187-194.
11. Easton D. A Systems Analysis of Political Life // New York: John Wiley, 1965. – 320 rubles.
THEORY OF GOVERNMENT AND RIGHTS
SAMIGULLIN Venir Kalimullovich
Ph.D. in Law, professor, professor of Constitutional law sub-faculty of the Ufa Law Institute of the MIA of Russia
LEGAL TRADITION AS A UNIQUE SOCIAL PHENOMENON
The article defends the idea that the legal tradition, being a kind of tradition as such, in the conditions of a dynamically developing modern society and its statehood, is actualized, even aggravated. In this regard, according to the author of the article, there is a need to rethink the essence and purpose of the legal tradition in the development of man, society and its statehood. It is important to determine more precisely the relationship of the legal tradition with related legal concepts and phenomena, to correctly establish the specific differences of the legal tradition. The uniqueness of the legal tradition is that, by cultivating traditions, it ensures the spiritual reproduction of a person and society. As a result of the multifaceted, active, creative activity of mastering reality, the next generation of people reproduces the previous generation. But not through simple imitation, but through the creative development of experience, the use of innovative achievements. If, without binding ourselves with harmful myths and utopian ideas, we develop in the bright present, adhering to a justified legal tradition, the ideological basis of which is formed by moderate conservatism, then hypothetically we can talk about a new historical perspective – a positive humanistic society, democratic statehood, humanistic law.
Keywords: society, statehood, law, legal tradition, innovation, development, perspective.
Reference bibliographic list
1. Tikhomirov Yu. A. Law: traditions and new twists: Monograph. Thought; Blok Print, 2021.
2. Latukhina K. Sources of Russian tradition // Rossiyskaya Gazeta, 2021, October 25, Monday. No. 243 (8594). C. 2.
THEORY OF GOVERNMENT AND RIGHTS
SAMUSENKO Tatyana Mikhaylovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
PROKUDINA Regina Olegovna
magister student of the 2nd course of the Law School of the Far Eastern Federal University
LEGAL REGULATION OF THE RULES OF LEGAL TECHNIQUE IN THE FAR EASTERN FEDERAL DISTRICT OF THE RUSSIAN FEDERATION
The article points out the need to form a unified legal field through the creation of laws on normative legal acts. The authors carried out a legal analysis of the legislation of the subjects of the Far Eastern Federal District of the Russian Federation. The results of the study indicate the formation of a deficit of unified laws in this district, regulating the process of law-making and application of the rules of legal technique. The special legal status of the city of Vladivostok and Primorsky Krai has been determined.
Keywords: the Far Eastern Federal District of Russia, law-making process, law on laws, legal technology.
Reference bibliographic list
1. Gayvoronskaya Ya. V. Regional lawmaking: concept, principles, legal regulation // Asia-Pacific region: economics, politics, law. – 2015. – No. 2. – P. 120-137.
2. Gayvoronskaya Ya. V., Samusenko T. M. Theory of state and law: textbook. allowance, 2nd ed., add. and Perer. – Vladivostok: Dalnevost Publishing House. feder. un-ta, 2015. – 180 p.
3. Kashanina T. V. Legal technique: textbook. – M.: Norma: INFRA-M, 2011. – 496 p.
4. On normative legal acts in the Russian Federation (draft federal law). 6th ed., revised. and additional / Hand. ed. team of T. Ya. Khabrieva, Yu. A. Tikhomirov. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2021. – 96 p.
5. Samusenko T. M., Prokudina R. O. Law-making technique as a reflection of the level of legal culture of the legislator (on the example of Primorsky Krai) // Eurasian legal journal. – 2021. – No. 5. – P. 50-54.
THEORY OF GOVERNMENT AND RIGHTS
PADIN Artyom Eduardovich
postgraduate student of the Institute of Law of the Vladivostok State University of Economics and Service
THE GENESIS OF RUSSIAN ADVERSARIAL PRINCIPLE: IN SEARCH OF THE TRUTH
Improving the principle of adversary of modern domestic justice requires an appeal to its own legal tradition, without which its development in the future is impossible. The Russian state and legal tradition have its own distinctive features and historically it was formed under the influence of higher, universal cultural ideals. Thus, the uniqueness of the Old Russian perception of the world in the legal area was manifested mainly in such a phenomenon as “Truth”. And the adversarial model of resolution of legal dispute, as the most ancient form of judicial proceedings, was directly related to the search for truth and the establishment of justice. At the same time, the logic of the judicial process of Ancient Russia generally corresponds to the logic of modern justice. Therefore, it seems necessary to refill modern institutions of adversary litigation with ideals that have passed a long way of historical development within the framework of the legal traditions of the national legal system. Particularly these include the activity of the parties in proving their legal positions, the strict formalism of the procedural order established by law and the managing role of the court. Taking into account these characteristic features of the domestic legal tradition will improve the efficiency of the functioning of the adversarial proceedings of modern Russia.
Keywords: adversarial principle, active parties, truth, adversarial process, justice, legal culture.
Reference bibliographic list
1. Bobyleva E. Yu. The problem of the correlation of the phenomenon of truth in the pagan culture of the ancient Slavs and Russian Christian culture // Analytics of Culturology. – 2017. – No. 2 (8). – S. 315-320.
2. Gurevich A. Ya. Selected Works. medieval world. – St. Petersburg: Publishing House of St. Petersburg. un-ta, 2007. – 560 p.
3. Ivanova S. A. Understanding the idea of justice in Russian philosophical and scientific thought // Education and Law. – 2016. – No. 6. – P. 78-89.
4. History of court and justice in Russia: in 9 volumes / Responsible. ed. V. V. Ershov, V. M. Syrykh. – M .: Norma: INFRA-M, 2022. – T. 1: Legislation and justice in Ancient Rus’ (IX – the middle of the XV century) / Ed. ed. S. A. Koluntaev, V. M. Syrykh. – 640 p.
5. Omelyanenko M. E. Participation of the population in the administration of justice according to Russian Pravda // Territory of new opportunities. Bulletin of the Vladivostok State University of Economics and Service. – 2018. – No. 3 (42). – S. 151-162.
6. Rozhkov N. A. Essays on legal life according to Russian Pravda. Ed. 2nd. – M.: LENAND, 2015. – 122 p. (Academy of Basic Research: History).
7. Sukhorukova Yu. V. Competitiveness as an element of the formation of ancient Russian law // Gaps in Russian legislation. Legal journal. – 2015. – No. 1. – P. 96-99.
8. Chernikov M. V., Perevozchikova L. S. Categories “Truth” and “Truth” in Russian culture // Historical psychology and sociology of history. – 2015. – S. 141-157.
THEORY OF GOVERNMENT AND RIGHTS
SEMYONOVYH Anastasia Evgenjevna
postgraduate student of Theory of state and law sub-faculty, Intern Researcher of the Research Laboratory of Legal Support for the Safe Use of Genetic and Genomic Information of the V. F. Yakovlev Ural State Law University
THE SYSTEM OF LEGAL MEANS FOR THE PROTECTION AND DEFENSE OF GENETIC AND GENOMIC INFORMATION
The relevance of this scientific study is due to a number of reasons, including social – the emergence of legal relations in the field of genetic research, medical genetics, the use of genetic and genomic information, political and economic – the current geopolitical situation necessitates the intensification of the pace of development and implementation of the results of genetic research in the healthcare sector, agriculture and production processes, which also determines the need for legal protection and legal protection of the rights of citizens. The President of the Russian Federation has also repeatedly pointed out the importance of this issue as one of the components of ensuring the security of citizens of the Russian Federation.
Keywords: genomic information, genetic information, human genome, legal protection, legal defense, legal remedy, control, supervision, bioethics.
Reference bibliographic list
1. Berg LN Legal protection: theoretical and instrumental aspect // History of State and Law. – 2017. – No. 8.
2. Berg L. N., Golubtsov V. G. Directions of legal influence in the field of genomic research: Russian and international experience // Bulletin of the Perm University. Legal Sciences. – 2020. – No. 50. – P. 638-649. – DOI 10.17072/1995-4190-2020-50-638-649. – EDN LSHSPN. – S. 640.
3. Berg L. N. [et al.] Legal support for the safe use of genetic and genomic information: a textbook for universities / Edited by L. N. Berg, A. V. Lisachenko. – Moscow: Yurayt Publishing House, 2022. – 123 p. – (Higher education) // Educational platform Yurayt. – [Electronic resource]. – Access mode: https://urait.ru/bcode/497012 (date of access: 04/21/2022). – S. 41.
4. Sapun V. A. Theory of legal means and the mechanism for the implementation of law. – St. Petersburg: SPbGUP, 2002. – P. 29.
HISTORY OF STATE AND LAW
AKMANOV Aitugan Irekovich
Ph.D. in historical sciences, professor of the Institute of Law of the Ufa University of Science and Technology, Corresponding Member of the Academy of Sciences of the Republic of Bashkortostan
PEACEKEEPING ACTIVITIES OF THE USSR LEADERSHIP IN THE LATE 50S – 80S OF THE TWENTIETH CENTURY: INITIATIVES AND THEIR IMPLEMENTATION
The article examines the activities of the Soviet leadership in organizing general and complete disarmament. The country’s leaders sought to initiate international forums that could ensure the process of complete cessation of the use of various types of weapons in solving controversial international issues. As a result, from the late 1950s to the 1980s, a number of international agreements were concluded that curbed the arms race in a number of important areas. The objects of the agreements were the plots related to the restriction of the production or prohibition of testing of various types of weaponsof mass destruction, as well as the restriction of the use of conventional weapons in international conflicts.
Keywords: disarmament, conference, negotiations, regulations, armaments, USSR, UN, committee, states.
Reference bibliographic list
1. Lenin V.I. On the slogan of “disarmament” // Full. coll. cit., 5th ed. – T. 30.
2. History of the foreign policy of the USSR. Volume 2. Ed. A. A. Gromyko, B. N. Ponomareva. – M., 1981.
3. Grishin Ya. Ya., Letyaev VA Andrey Andreyevich Gromyko and problems of disarmament (on the pages of documents) // International relations and society. – 2019. – No. 2.
4. Nigmatullin R. V. Cooperation of states in the fight against international crimes in the XX century and the beginning of the XXI century: (historical and legal aspect) / R. V. Nigmatullin; R. V. Nigmatullin. – Moscow: Lawyer, 2006. – 335 p.
5. Protopopov A. S., Shpakovskaya M. A. Problems of disarmament in the late XX – early XXI centuries. // Bulletin of the Peoples’ Friendship University of Russia. Series: international relations. – 2014. – No. 2.
HISTORY OF STATE AND LAW
BESSILIN Nikolay Anatoljevich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty of the Institute of History and State Management of the Ufa University of Science and Technology
KRUGLOV Evgeniy Anastasovich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty of the Institute of History and State Management of the Ufa University of Science and Technology
MEASURES TO COMBAT THE OBSTRUCTION OF JUSTICE ON THE PART OF PRIVATE PERSONS AND SERVANTS OF THEMIS IN THE CODE OF JUSTINIAN AND THE SALIC LAW OF THE FRANKS (LATE V-VI CENTURIES AD)
The article discusses the legal measures of the struggle of the state bodies of the Byzantine Empire of the times of Justinian I and the kingdom of the Franks of the era of Salic law with the practice of counteracting justice on the part of private individuals and servants of Themis.
Keywords: Byzantium of the Justinian era, the Frankish state of the Merovingian times, Justinian legislation, Salic law, Romans, Franks.
Reference bibliographic list
1. Baker J. Justinian. Great legislator. M., 2004.
2. Bessilin N. A., Kruglov E. A. Reflection of the integration of the power of Justinian I and the first Merovingians into the monarchy in the legislation of the 5th-6th centuries. AD // Integration and disintegration processes. Historical retrospective and modernity: collection of materials of the International Scientific and Practical Conference (Ufa, November 12, 2021). / Rev. ed. R. R. Tukhvatullin. Ufa: RIC BashGU, 2022, pp. 26-36.
3. Bessilin N. A., Kruglov E. A. Opposition to legal proceedings in the Ancient East and the first steps to overcome it // Eurasian legal journal. 2019. No. 11. S. 84-87.
4. Kruglov E. A., Podoprigora A. R. The Balkans and early Rome on the eve of the adoption of the Laws of the XII Tables // West and East in global transformations. Ufa, 2017. S. 424-434.
5. Lebec S. Origin of the Franks. V-IX centuries. Moscow: Scarabey, 1993.
6. Le Goff J. Civilization of the Medieval West. Moscow: Progress Publishing Group, Progress Academy, 1992.
7. Leonova T. A. History of Medieval Western Europe: textbook. Ufa: Publishing house of BSPU, 2015.
8. Nersesyants VS History of political and legal doctrines. Ancient world. M., 1985.
9. Peretersky I. S. Digests of Justinian. M., 1956.
10. Salic truth. Translation by N. P. Gratsiansky. Ed. V. F. Semenov. Moscow: MGPI im. V. I. Lenin, 1950.
11. Surikov I. E. On some features of the legal consciousness of the Athenians of the classical era // Ancient law. 1999. No. 2 (5). pp. 34-37.
12. Udaltsova ZV Legislative reforms of Justinian // Byzantine Provisional. 1965. No. 26.
13. Uspensky F. I. History of the Byzantine Empire. T. 1. M., 2001.
14. Early legislation and the formation of slavery in ancient Greece. L., 1991.
15. Kaser M. Romische Rechts geschichte. Munich, 1967.
16. Watson A. Rome of the Twelve Tables. L., 1976.
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
MUTIGULLIN Alexander Vladimirovich
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
TROOPS OF THE NKVD OR OUN-UPA: THE MYTH OF ATROCITIES IN UKRAINE
The article reveals the reasons for the falsification of the history of the Great Patriotic War in Ukraine, refuted the myth about the discrediting of the OUN-UPA by the servicemen of the NKVD of the USSR before the citizens of the Ukrainian SSR during the Great Patriotic War. Based on the analysis of published documents, terrorist acts against the inhabitants of Ukraine by the OUN-UPA bandit formations are shown, provocative actions committed by their members dressed in the uniform of the NKVD and Red Army troops are exposed.
Keywords: Red Army, NKVD troops, OUN, UPA, Bandera, myth, banditry, falsification of history.
Reference bibliographic list
1 Organization of Ukrainian Nationalists and Ukrainian Insurgent Army. Fakhoviy Visnovok of a working group of historians at the Uryadoviy Commission for the Vichennia of the Dialnosti of the OUN and the UPA. Kiev, 2005.
2. State Archive of the Russian Federation (hereinafter – GA RF). F. R-9478. Op. 1. D. 400. L. 81-97.
3. UPA in the memoirs of the last commander in chief. Interview of V. Cook to A. Gogun// New Sentry (St. Petersburg). 2004. No. 15-16.
4. The NKVD-MVD of the USSR in the fight against banditry and the armed nationalist underground in Western Ukraine, Western Belarus and the Baltic States (1939-1956): Sat. doc. / MIA of Russia; Comp. N.I. Vladimirtsev, A.I. Kokurin. – M.: Consolidation. ed. Ministry of Internal Affairs of Russia, 2008. – 640 p.
5. GA RF. F. R-5446. Op. 1c. D. 534. L. 104-105.
6. Central archive of the FSB of Russia. F. 4. Op. 3. D. 803. L. 219-228.
HISTORY OF STATE AND LAW
RAEVSKAYA Valeriya Andreevna
magister student of the Institute of Law of the I. S. Turgenev Orel State University
OLOVYANNIKOVA Alexandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Orel State University
KLEVTSOV Maxim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Orel State University
THE PHENOMENON OF COPYRIGHT OF THE SOVIET PERIOD
This article examines the features of copyright of the Soviet period. The issues of nationalization and monopolization of works are raised. The points of view of lawyers of the Soviet era and modern ones are given. The article analyzes the legal grounds and the moral and ethical aspect of the changes adopted in 1917 and 1919 in the field under consideration. The article contains the conclusions and the point of view of the authors of the article.
Keywords: copyright; nationalization; monopolization; public domain; propaganda.
Reference bibliographic list
1. Bogolyubov E. A., Povarenkina M. S. Formation of Soviet Copyright Law // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2022. – Volume 17. – No. 1. – P. 133-155.
2. Bogustov A. A. About some directions of development of copyright in the projects of the civil code of the USSR // Bulletin of the Kostroma State University. – 2020. – T. 26. – No. 4. – S. 238-242.
3. Didicheva A. A. The development of copyright in the Soviet period (1917-1930) // Actual issues of the development of modern society: a collection of scientific articles of the 9th International Scientific and Practical Conference, Kursk, April 11-12, 2019. – Kursk: Southwestern State University, 2019. – P. 152-155.
4. Kodan S. V. Party documents in the system of sources for studying the history of Soviet law // Bulletin of the Saratov State Law Academy. – 2016. – No. 2 (109). – P. 40-45.
5. Kubyshko M. V. Development of copyright legislation in the Soviet period // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 10. – P. 171-174.
6. Pankeev I. A. Domestic copyright: the experience of the first years of Soviet power // History of domestic media. – 2017. – No. 2 (4). – S. 158-162.
7. Popova V. V. Inheritance of copyright in the first years of the Soviet state: from projects to laws // Law enforcement in public and private law: materials of the International Scientific Conference, Omsk, March 26, 2021. – Omsk: Omsk State University. F.M. Dostoevsky, 2021. – S. 197-202.
8. Chursina A. S. Features of copyright in Russia in the mid-1920s // Agrarian and land law. – 2020. – No. 2 (182). – P. 4-5.
HISTORY OF STATE AND LAW
RODIONOV Leonid Alexandrovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Samara branch of the Moscow City Pedagogical University, Adviser to the State Civil Service of the Russian Federation of the 1st class
ON THE ISSUE OF HISTORICAL ASPECTS AND CURRENT TRENDS IN THE DEVELOPMENT OF THE FEDERAL TREASURY DEPARTMENT IN THE SAMARA REGION
This article analyzes the current civil and budgetary legislation of the Russian Federation, the practice of its application in the regulation of budgetary relations. The author reveals the historical process of formation and development of the treasury system in the Samara region.
Keywords: treasury, treasury, budget, budget process, control functions, development history, regulation of budget flows.
Reference bibliographic list
1. Decree of the President B. N. Yeltsin No. 1556 “On the Federal Treasury” of December 8, 1992
2. Order of the UFC for the Samara region dated 01.02.94. No. 4a “On approval of the structure of the Federal Treasury Department of the RF Ministry of Finance in the Samara Region
3. Appeal of the Head of the Administration of the Samara Region Titov K.A. to the heads of administrations in cities and districts on ensuring territorialth bodies of the treasury office premises dated 14.09.93. No. 1-27/98.
4. Decree of the President of the Russian Federation of September 20, 2011 No. 1227 on awarding the medal of the Order “For Merit to the Fatherland” II degree Gubina L. A.
5. Order of the Department dated December 22, 2009 No. 01-359 “On approval of the composition of the Youth Council of the Department of the Federal Treasury for the Samara Region”.
HISTORY OF STATE AND LAW
SULEYMANOV Fuat Murzagalievich
Ph.D. in historical sciences, associate professor of Theory and history of state and law sub-faculty of the Sibay Institute (branch) 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 (branch) of the Ufa University of Science and Technologies
THE FORMATION OF UNIVERSITY EDUCATION IN THE BASHKIR TRANS-URALS – THE RESULT OF INTERACTION BETWEEN SOCIAL FORCES, SCIENTIFIC AND EDUCATIONAL POLICY AND STATE-LEGAL REGULATION
The article deals with the process of Sibai Institute (branch) formation of Bashkir State University in 1990-s as a result of concerted action of social forces, showing positive activity, on the one hand, and scientific and educational policy and state-legal regulation of Bashkir leadership, dynamically developing in the conditions of renewed Russian statehood, on the other hand. Bashkir State University, a solid higher education institution of the Russian Federation, has been established for over 110 years. One of the leading structural divisions of Bashkir State University and a very important educational and scientific center is the Sibai Institute (the branch). The appearance of this institute is connected with the appearance of the sovereign Republic of Bashkortostan in the conditions of the renewed Russian Federation in the late 1980s – early 1990s, embodying the long-standing aspirations of the Bashkir Trans-Urals population. A great role in the establishment of the new institution of higher learning was played by public activists, heads of cities and districts of the Trans-Urals region, republican authorities, guest lecturers and scientists and specialists. The new university has become an important tool for achieving sustainability in the socio-cultural development both in this region and in the whole republic.
Keywords: Russian Federation, Republic of Bashkortostan, Bashkir Trans-Urals, Sibai, Bashkir Pedagogical Institute, Bashkir State University, Bashkir State Agrarian University, Ufa University of Science and Technology, First President of RB M. G. Rakhimov, Sibai Institute (branch).
Reference bibliographic list
1. Ilishev G. Sh. Memories. – Ufa: Bashkortostan, 2006. – 180 p.
2. Sibai: encyclopedia / Ch. ed. H. H. Suleymanov. – Ufa: Bashk. Encikl., 2015. – 560 p.: illustrations, maps, notes.
3. Sibai Institute (branch) UUNiT. – [Electronic resource]. – Access mode: http://sibsu.ru/item/adds/uvedomlenie-o-reorganizacii-bashkirskogo-gosudarstvennogo-universiteta-uvazhaemye-abiturienty-roditeli-abiturientov-zakonnye-predstaviteli/
4. Collection of the Bashkir folk center “Ural” // Agidel. – 1990. – No. 8. (in bash.).
5. Suleimanov F. M. Formation of higher education in the Bashkir Trans-Urals in the context of sustainability of regional development // Sustainable development of territories: theory and practice: Proceedings of the III All-Russian. scientific-practical. Conf., May 19, 2011 – Ufa: Zauralsky branch of FGOU VPO “Bashkir State Agrarian University”, 2011. – P. 357-361.
6. Suleimanov F. M. Formation of the Sibay Institute (branch) of the Bashkir State University (To the 110th anniversary of the Bashkir State University and the 30th anniversary of the Sibay Institute) // Problems of the Humanities and Education in the Modern World: Collection of scientific articles based on the materials of the VI All-Russian Scientific and Practical conference (March 27-28, 2020) / Responsible. ed. N. A. Lasynova. – Sibay: Sibay Information Center – branch of the State Unitary Enterprise RB Publishing House “Republic of Bashkortostan”, 2020. – 202 p. – P. 3-6.
7. Suleimanov F.M. South-Eastern Bashkortostan: little-studied pages of history and ethnography. – Ufa: Academy of Sciences of the Republic of Belarus, Gilem, Bashk. encyclopedia, 2013. – 272 p.
8. Suleymanov F. M., Taktaeva Z. R. On the causes of xenophobia and ways to overcome it // Eurasian Law Journal. – 2021. – No. 1 (152). – S. 61-70.
9. Ufa University of Science and Technology. – [Electronic resource]. – Access mode: https: https://uust.ru/main-information/.
10. Shakurov R. The fate of the people // Agidel. – 1990. – No. 3. (in bash.).
11. Economy of Bashkortostan / Under. ed. prof. Barlybaeva Kh. A.; M-total and prof. Education of the Russian Federation, State. com. Rep. Bashkortostan in science, higher. and avg. prof. education. Bashk. state un-t. – Ufa, 1998. – 548 p.: ill., tab.
12. Yusupov R. G. Scientific and educational policy in the Republic of Bashkortostan at the turn of the XX-XXI centuries: state and legal regulation. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nauchno-obrazovatelnaya-politika-v-respublike-bashkortostan-na-rubezhe-xx-xxi-vekov-gosudarstvenno-pravovoe-regulirovanie.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, 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 – branch of the RANEPA under the President of the Russian Federation,
BARABASHKINA Evgeniya Vladimirovna
student of the 4th course of the K. Minin Nizhny Novgorod State Pedagogical University
TRIFANOVA Anna Alexandrovna
student of the 4th course of the K. Minin Nizhny Novgorod State Pedagogical University
NATIONAL PEDAGOGICAL UNIVERSITY SOVIET LEGISLATION ON ALIMONY OBLIGATIONS IN THE UNION REPUBLICS
The article examines the trends of the emergence and development of the institution of alimony in the legislation of the Soviet period of Russia. It is shown how the legislation on alimony was in effect in each of the considered Union republics of the USSR. The authors also analyze the main types of alimony obligations of various family members. In conclusion, the results of the study are summarized, which allow us to make a categorical conclusion about the importance of measures taken in Russia during the Soviet period of development on alimony obligations.
Keywords: alimony, maintenance, family, guardianship, commitment, marriage.
Reference bibliographic list
1. Factory T.B. The evolution of the institution of adoption in Russian law in the 9th-20th centuries. (historical and legal research). – Nizhny Novgorod, 2009. – 146 p.
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
LEGAL BASIS FOR THE ACTIVITIES OF THE BARRAGE DETACHMENTS OF THE NKVD TROOPS OF THE USSR WITHOUT FALSIFYING THE HISTORY OF THE GREAT PATRIOTIC WAR
The article presents an analysis of the legal acts that regulated the service and combat activities of the barrage detachments of the NKVD troops of the USSR to protect the rear of the army in the field. In order to exclude the falsification of historical facts, a difference is shown between the barrage detachments of the NKVD troops for protecting the rear of the army in the field and the barrage detachments of the Red Army, formed on the basis of the order of the NPO of the USSR dated July 28, 1942 227.
Keywords: defensive detachments; NKVD troops; rear guard; falsification of history; The Great Patriotic War.
Reference bibliographic list
1. Great Patriotic War. Anniversary Statistical Collection: Stat. Sat/Rosstat. – M., 2015. – 190 p.
2. Lysenkov S. G., Butov S. V. Legal means of combating the falsification of the history of the Great Patriotic War // Eurasian Law Journal. – 2022. – No. 10 (173). – S. 125-127.
3. Military encyclopedic dictionary. – M.: Eksmo, 2007. – 1024 p.
4. RGVA. – F. 32880. – Op. 5. – D. 422. – L. 73.
5. RGVA. – F. 38652. – Op. 2. – D. 7. – L. 376.
6. 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 National Guard Troops of the Russian Federation, 2022. – P. 278-283.
7. Alekseenkov A. E. Internal troops during the Great Patriotic War (1941-1945). – St. Petersburg, 1995.
8. TsAMO. – F. 4. – Op. 12. – D. 105. – L. 122-128.
9. Border troops of the USSR in the Great Patriotic War 1941-1945: Collection of documents and materials. – M.: Nauka, 1976. – 944 p.
10. Regulations on the troops of the NKVD guarding the rear of the active Red Army. Approved by the deputies of the NPO and the NKVD on April 28, 1942 // Internal Troops in the Great Patriotic War 1941-1945. Documents and materials. – M.: “Jurid. lit.”, 1975. – 728 p.
11. RGVA. – F. 32880. – Op. 5. – D. 152. – L. 56.
CONSTITUTIONAL LAW
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
CARING FOR PARENTS AS A CONSTITUTIONAL DUTY IN THE CONTEXT OF CRIMINAL LAW
This work provides a justification for the need to comply with the obligation to maintain and care for parents. A quantitative description of the crimes provided for by Article 157 of the Criminal Code of the Russian Federation is given. The indicators for the number of convicted persons under this article and the types of punishment imposed are summarized. The objective and subjective aspects of non-payment of funds for the maintenance of a disabled parent are considered. Some causes of these crimes have been identified and measures have been proposed to prevent them.
Keywords: official, adult able-bodied children, disabled parent, in need of help, duty of care and maintenance.
Reference bibliographic list
1. Data on the imposed punishment under the articles of the Criminal Code of the Russian Federation // Judicial Statistics of the Russian Federation. [Electronic resource]. – Access mode: http://stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/14/s/17 (date of access: 10/10/2022).
2. Vladimir Pogrebenko. Nursing homes in Russia and other countries of the world. [Electronic resource]. – Access mode: http://irsepi.ru/doma-prestarelyh-v-rossii-i-drugih-stranah-mira/#:~:text. (Date of access: 05/14/2022).
3. Population by main age groups by constituent entities of the Russian Federation. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/56580 (date of access: 10.10.2022).
4. On the application of legislation by the courts when considering cases related to the recovery of alimony: Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 56. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 10/22/2022).
5. Family Code of the Russian Federation: Federal Law of December 29, 1995 No. 223-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 10/22/2022).
CONSTITUTIONAL LAW
ABASOV Gafis Gasanovich
Ph.D. in Law, associate professor, Head of Theory and history of state and law sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
MAMCHENKO Nelly Vladimirovna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
THE PLACE OF THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION IN THE STATE MECHANISM
The article is dedicated to the constitutional and legal status of the Prosecutor’s Office of the Russian Federation. The article discusses the concepts of the state mechanism, the state body and the public authority to determine the place of the Prosecutor’s Office of Russia in the state mechanism. Based on the analysis of the scientific legal literature and the norms of the Constitution in the new edition, the authors come to the conclusion that the Prosecutor’s Office of the Russian Federation is a federal body of state power and give the author’s definition of this state body .
Keywords: constitution, Prosecutor’s Office of the Russian Federation, constitutional and legal status, state mechanism, state power.
Reference bibliographic list
1. Avakyan S. A. The Constitution of Russia: nature, evolution, modernity. – 2nd ed. – M.: Sashko, 2000.
2. Baykin I. M. Legal analysis of the powers of the executive branch of government and the prosecutor’s office // Russian legal journal. – Yekaterinburg: Publishing House of UrGUA, 2011. – No. 5 (80).
3. Vinokurov A. Yu. Prosecutor’s Office of Russia: 1991-2016: Sat. Art. / Under the total. ed. A. Yu. Vinokurova; Acad. Gene. Prosecutor’s Office Ros. Federation. – M., 2016.
4. Mironov A. L. The concept of a state body and its place in state regulation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 4.
5. Cherkasov K. V. On the issue of the relationship between the concepts of “State authority” and “State authority” // Gaps in Russian legislation. Legal journal. – 2008. – No. 2.
CONSTITUTIONAL LAW
ABOYAN Aghavni Armenakovna
magister student of Constitutional and administrative law sub-faculty of the Law School of the Far Eastern Federal University
BADMADORZHIEV Garma Evgenjevich
magister student of Constitutional and administrative law sub-faculty of the Law School of the Far Eastern Federal University
Gordeev Kirill Vladimirovich
magister student of Constitutional and administrative law sub-faculty of the Law School of the Far Eastern Federal University
ON SOME ASPECTS OF CONSTITUTIONAL REFORM IN THE REPUBLIC OF KAZAKHSTAN
The article examines the constitutional reform in the Republic of Kazakhstan, the reasons for which, according to the authors, are both a systemic crisis of power (nepotism, political stagnation, lack of turnover) and a violent reaction of society to these crisis phenomena. Within the framework of this article, the authors have considered only certain constitutional amendments, namely those aimed at limiting presidential power, as well as strengthening the role of the Parliament of the Republic. The result of the analysis of the changes is the conclusion that the constitutional amendments considered are not able to fully solve the tasks facing it for the democratic transformation of society and the state.
Keywords: Constitution of the Republic of Kazakhstan, constitutional reform, super-presidential form of government, limitation of power, president, parliament
Reference bibliographic list
1. Borisov N. A. The Institute of Presidency in the Post-Soviet States: Methods of Analysis, Factors in the Formation and Transformation of Models // Bulletin of the Russian Fund for Fundamental Research. Humanities and social sciences. 2019. No. 1 (94).
2. Egshatyan E. V. Representatives of the Russian Federation in the Federation Council of the Federal Assembly of the Russian Federation // Vestnik SurGU. 2016. No. 1 (11).
3. Constitutional and legal foundations of anti-corruption reforms in Russia and abroad / Ed. ed. S. A. Avakyan. M.: Yustitsinform, 2016.
4. Nusseberger A. Limitations of presidential power in post-communist countries // Comparative constitutional review. 2008. No. 5.
5. Khabrieva T. Ya. Constitutional reform in the modern world. M.: INFRA-M, 2021.
6. Shaio A. Witz R. Constitution of freedom: an introduction to legal constitutionalism. Moscow: Institute of Law and Public Policy, 2021.
7. Ginsburg T., Elrins Z., Melton J. Do executive term limits cause constitutional crises? // Comparative Constitutional Design. Oxford: Oxford University press, 2012.
CONSTITUTIONAL LAW
KURYSHEV Andrey Olegovich
magister student of the Far Eastern Federal University
YAKOVLEV Dmitry Gamletovich
magister student of the Far Eastern Federal University
ANALYSIS OF THE CONCEPT AND FEATURES OF CITIZENSHIP AS A LEGAL RELATIONSHIP
In theory, there are different approaches and interpretations of the concept of citizenship; it is also very rare to single out signs of this category. In this article, the concept of citizenship is analyzed through the prism of the legal relationship between the individual and the state, its full definition is derived. Difficulties are added by the different positions of the authors regarding the theoretical concept of citizenship. The article also analyzes and provides signs of citizenship, which are rarely highlighted in the educational literature.
Keywords: citizenship, legal relationship, state, legal connection, citizen, signs of citizenship.
Reference bibliographic list
1. Constitutional law of the Russian Federation / Ed. ed. M. V. Baglai. – M.: Yur.Norma, NIC INFRA-M, 2017. – 783 p.
2. Kutafin O. E. Russian citizenship // Lawyer. – 2003. – 587 p.
3. Ovsepyan Zh. I. The constitutional and legal status of a person (citizen) in Russia // Publishing House of the Southern Federal University, 2018. – P. 455.
4. Petrenko N. I., Rovenskaya A. S. Some aspects of the institution of citizenship in the Russian Federation // Mariyskiy yuridicheskiy vestnik. – 2017. – No. 2 (21). – S. 77.
5. Theory of state and law / Otv. ed. Morozova L.A. – M.: Norma, 2021. – 384 p.
6. Shlapak M. A. Mechanisms for realizing the right to citizenship // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 2. – P. 48-51.
ADMINISTRATIVE LAW
DEMCHENKO Nikolay Viktorovich
PhD in Law, Deputy Head of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
BOGACHEVA Mariya Valerjevna
lecturer of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
KURILO Svetlana Nikolaevna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ISSUES OF ADMINISTRATIVE AND LEGAL REGULATION OF POLICE ACTIVITIES IN THE EXERCISE OF FUNCTIONS TO ENSURE PUBLIC SAFETY AND PROTECT PUBLIC ORDER
Today, the activities of employees of the internal affairs bodies aimed at ensuring public safety and protecting public order are more relevant than ever. During the pandemic, the number of crimes and administrative offenses committed has increased, in connection with which a number of shortcomings in domestic legislation have been identified. The lack of a clear delineation of legal categories creates problems in the application in practice of the norms providing for responsibility for violation of public order and protection of public safety, as well as the norms regulating the activities of police officers. An important place is also occupied by the issue of organizing interaction with other law enforcement agencies, as well as with citizens in order to implement the tasks set to ensure public safety and protect public order. In this regard, it is necessary to determine the legal mechanisms for regulating such interaction, resolve some controversial issues arising in law enforcement practice, and also consider the novelties proposed by the legislator in terms of administrative and legal regulation of the powers of police officers when solving the tasks assigned to them.
Keywords: protection of public order, public security, activity of employees of internal affairs bodies, police.
ADMINISTRATIVE LAW
ISKHAKOV Ilvir Ilfatovich
Ph.D. in Law, associate professor of Social studies, law and social management sub-faculty of the M. Akkmula Bashkir State Pedagogical University
KASIMOV Timur Salavatovich
Ph.D. in Law, associate professor of Theory of state and law sub-facultyof the Institute of Law of the Ufa University of Science and Technology
KASIMOVA Dilara Faritovna
Ph.D. in economical sciences, associate professor of Finance and taxation sub-faculty of the Institute of Economics, Finance and Business of the Ufa University of Science and Technology
ABDULLIN Ilshat Salavatovich
postgraduate student of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
CONFLICT OF INTERESTS: PROBLEMS OF LEGAL REGULATION AND LAW ENFORCEMENT PRACTICE
The article reveals some problematic aspects related to the legal regulation and the established practice of using the key institution for the prevention of corruption offenses – conflict of interests. Particular attention is paid to the issues of the subjects of the conflicts of interests and the procedure for the formation of the commission for the prevention and settlement of conflicts of interests.
Keywords: conflict of interests, personal interest, corruption, prevention of corruption, corruption-causing factors; anti-corruption policy, corruption offenses.
Reference bibliographic list
1. Ivanov S. B., Khabrieva T. Ya., Chikhanchin Yu. A. [et al.] Anti-corruption: new challenges: monograph / Ed. ed. T.Ya. Khabrieva. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2016. – 384 p.
2. Kasimov T. S. Trends in modern development and the concept of future federalism // Questions of political science. – 2011. – No. 2 (2). – S. 53-68.
3. Konov N. S. Gorbacheva A. V. What is a conflict of interest? Possible approaches to the definition in regulatory legal acts. Working papers of the HSE Anti-Corruption Center. Issue No. 1. – M, 2019.
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative, financial and customs law sub-faculty of the Dagestan State University
ZAKERGAEVA Halimat Gadzhimuradovna
magister student of Administrative, financial and customs law sub-faculty of the Dagestan State University
MODERN PROBLEMS OF PUBLIC SERVICE IN RUSSIA
The article deals with the issues of legal regulation of public service, the peculiarities of its passage. The problems of public service in the Russian Federation are listed, the analysis of existing problems and possible ways of their solution is given. It is said that administrative reforms of various kinds, including the civil service system, have been carried out in Russia for a long time. It is emphasized that in order to build an effective system of public service, it is necessary to ensure the coordinated work of civil servants who will clearly fulfill state duties, respecting the rights and freedoms of citizens. It is concluded that in order to legislatively resolve the existing problems in Russia, it is necessary to continue implementing administrative reforms to improve the public service system.
Keywords: civil service, administrative reforms, Russian Federation, public administration, administrative legislation.
Reference bibliographic list
1. Akopyants A. A., Vyltsyn A. A. Problems of the implementation of the institute of public service in modern Russia // Epomen. – 2021. – No. 56. – P. 78-83.
2. Mangulova A. S. Problems and ways of reforming the public service // Scientific almanac. – 2022. – No. 1-2 (87). – pp. 113-119.
3. Nazaryan D. O. The system of public service: the problem of development and improvement // Issues of sustainable development of society. – 2022. – No. 6. – P. 750-754.
4. Popova O. V. State civil service of the subjects of Russia – an independent state-legal institution // State power and local self-government. – 2015. – No. 2. – S. 21-28.
5. Tukhvatullina N. S., Shitova T. V. Modern problems of the public service of the Russian Federation and ways to solve them // Scientific electronic journal Meridian. – 2020. – No. 2 (36). -FROM. 9-11.
6. Chetverikova N. A., Kolmykova M. A. Modern trends in the professional development of state civil servants // Bulletin of the State University of Management. – 2019. – No. 9. – P. 33-38.
7. Shakirova M. R. Modern problems of development of the institution of public service in the Russian Federation // Theory of Law and Interstate Relations. – 2021. – Vol. 1. – No. 7 (19). – S. 231-234.
ADMINISTRATIVE LAW
POSULIKHINA Natalya Semyonovna
Ph.D. in Law, senior lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
MEDICAL STERILIZATION OF VULNERABLE CATEGORIES OF CITIZENS: PROBLEMS OF LAW ENFORCEMENT PRACTICE
The article deals with the problems of protecting the rights of citizens in the provision of medical care related to the conduct of forced medical sterilization in relation to vulnerable categories of citizens (mostly incapacitated). It is shown that in order to improve the mechanisms of legal protection of the above categories of citizens, the legislator needs to regulate a clear procedure for making a court decision on medical sterilization in relation to an incompetent person, fixing the relevant norms in the CAS of the Russian Federation. The author also substantiates the need to expand the circle of mandatory participants in the trial under consideration by including a prosecutor and a defense lawyer.
Keywords: medical sterilization, protection of rights, reproductive function, disabled citizen, mental disorders.
Reference bibliographic list
1. Afanasiev S. F. On some aspects of the right to judicial protection of incapacitated and partially capable persons // Bulletin of the civil process. – 2014. – No. 5. – P. 67.
2. Burashnikova N. A. Judicial sanctioning of involuntary medical care in the Russian Federation // Precedents of the European Court of Human Rights. – 2018. – No. 3. – P. 11-17.
3. Dugaron E. Ts. Procedural status of an incompetent person in cases of medical sterilization and artificial termination of pregnancy // Arbitration and civil process. – 2017. – No. 9. – P. 3-7.
4. 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. – P. 243-263.
5. Mokhov A. A. Medical sterilization: legal aspect // Medical Law. – 2017. – No. 5. – P. 14-18.
6. Forensic medicine and psychiatry: textbook / Ed. ed. A. A. Mokhov. M.: Prospekt, 2021. – S. 202.
ADMINISTRATIVE LAW
SALIMOVA Aigul Mukhametsharifovna
senior lecturer of Administrative and legal disciplines sub-faculty of the Ufa Law Institute of the MIA of Russia
FEATURES OF THE ADMINISTRATIVE ACTIVITY OF THE POLICE DURING PUBLIC EVENTS: PROBLEMS OF LEGAL REGULATION
The article examines the actions of employees of the internal affairs bodies in places where public events are held. As a result of the study, the role of police officers in protecting public order and ensuring public safety during public events in modern conditions is emphasized. The problems on the solution of which the safety of citizens depends during public events are analyzed.
Keywords: public event, prevention of administrative offenses, protection of public order, security, state coercion.
Reference bibliographic list
1. Baigazhakov S. V. et al. Organization of public order and public safety: in 2 hours: textbook. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2017. – Part 2. – P. 123.
ADMINISTRATIVE LAW
TLUPOVA Asiyat Vladimirovna
Ph.D. in Law, lecturer of Enforcement activities sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of MIA of Russia, junior lieutenant of police
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, lecturer of Law enforcement sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant of police
ON THE ISSUE OF REHABILITATION IN ADMINISTRATIVE LAW
The problem of rehabilitation in administrative legal relations is relevant in modern realities. When analyzing the norms of international law and Russian legislation, similar norms are identified regarding the need to restore violated rights and compensation from the relevant budget. Various approaches to the definition of the concept of “rehabilitation” are given as a result of a comparative analysis, it is concluded that the term in question is usually used by criminal law science and the industry.
Based on a review of the statistical data of the Supreme Court of the Russian Federation, containing the number of considered complaints and protests related to the violation of the rights of citizens in cases of administrative offenses, it was concluded that it is necessary to consolidate the rules governing the grounds and procedure for rehabilitation. Fixing the institution of administrative and legal rehabilitation in the legislation will have a positive impact on many processes and phenomena in various spheres of public life, however, in order to achieve maximum efficiency as a result of its application, further scientific research is required aimed at the legal institution in question and its careful study at the legislative level.
Keywords: institution of rehabilitation, administrative responsibility, compensation for harm, administrative punishment, restoration of violated rights.
Reference bibliographic list
1. Klimova G. Z. Rehabilitation as a legal institution (questions of theory and practice): Author. dis. … cand. legal Sciences. – Volgograd, 2004.
2. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993. – [Electronic resource]. – Access mode: http://www.consultant.ru.
3. Convention for the Protection of Human Rights and Fundamental Freedoms (Concluded in Rome on 04.11.1950). – [Electronic resource]. – Access mode: http://www.consultant.ru.
4. Overview of statistical data on the consideration in the Supreme Court of the Russian Federation in the first half of 2021 of administrative, civil cases, cases to resolve economic disputes, cases of administrativeoffenses and criminal cases. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/statistics/30302/
5. Draft Federal Law “Procedural Code of the Russian Federation on Administrative Offenses” (prepared by the Ministry of Justice of Russia on January 30, 2020). – [Electronic resource]. – Access mode: https://regulation.gov.ru/projects#npa=102945 ed. from 07/01/2021).
6. Criminal Procedure Code of the Russian Federation No. 174-FZ dated December 18, 2001. – [Electronic resource]. – Access mode: consultant.ru.
7. Decree of the Presidium of the USSR Armed Forces of May 18, 1981 “On compensation for damage caused to a citizen by illegal actions of state and public organizations, as well as officials in the performance of their official duties” (approved by the USSR Law of June 24, 1981) (together with the “Regulation on procedure for compensation for damage caused to a citizen by illegal actions of bodies of inquiry, preliminary investigation, prosecutor’s office and court”). – [Electronic resource]. – Access mode: http://www.consultant.ru.
ADMINISTRATIVE LAW
POSULIKHINA Natalya Semyonovna
Ph.D. in Law, senior lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
ACTUAL PROBLEMS OF LEGAL REGULATION OF RELATIONS FOR THE COLLECTION, STORAGE, PROCESSING, TRANSFER OF GENETIC INFORMATION IN THE FIELD OF PROTECTING THE HEALTH OF CITIZENS
The article deals with the problems of legal regulation of relations for the collection, storage, processing, transfer of genetic information in the field of protecting the health of citizens in connection with the creation of Russian bioinformation and genetic databases. It is shown that the national database of genetic information in the Russian Federation should be created exclusively as an autonomous supra-departmental information entity, the operator of which is called upon to act directly as the Government of the Russian Federation. The author also substantiates the need to consolidate the special legal status of genetic information in a special law “On genetic information”.
Keywords: genetic information, genetic technologies, national database, biosecurity, personalized medicine.
Reference bibliographic list
1. Bogdanova E. E. Legal problems and risks of the genetic revolution: genetic information and discrimination // Lex russica. – 2019. – No. 6. – P. 18-29.
2. Boltanova E. S., Imekova M. P. Genetic information in the system of objects of civil rights // Lex russica. – 2019. – No. 6. – P. 110-121.
3. Mokhov A. A. Genomic registration in Russia: problems and development prospects // Actual problems of Russian law. – 2020. – No. 7. – P. 103-113.
4. Radosteva Yu. V. Protection of genomic information in the virtual space // Russian Journal of Law. – 2019. – No. 3. – S. 42-45.
5. Rassolov I. M., Chubukova S. G., Mikurova I. V. Analysis of the possible application to the regulation of relations regarding the genetic information of personal data institutions, personal secrets, medical secrets // Lex russica. – 2020. – No. 4. – P. 143-151.
6. Tuzhilova-Ordanskaya E. M., Akhtyamova E. V. Problems of civil law regulation in the field of protecting the rights of a citizen in the Russian Federation when using genetic information // Bulletin of the Perm University. Legal Sciences. – 2021. – No. 2. – P. 263-284.
CIVIL LAW
Alieva Zulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and municipal law sub-faculty of the Institute of Law of the Dagestan State University
YAHYAEV Jalil Zapirovich
MFC RD in the Leninsky district of the city of Makhachkala
CERTAIN ASPECTS OF THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHTS OF CITIZENS TO FREEDOM OF CONSCIENCE AND RELIGION
The right to freedom of conscience and religion is an indirect means of reducing and containing unrest and tension between completely different peoples, but living in the same territory with their traditions and culture. The guarantee of full protection of this right leads to the voluntary and peaceful coexistence of one culture and religion with another. This is the main supporting factor in the process of global globalization. The relevance of the topic is due to the factor of insufficient scientific and legal elaboration of the topic. As a result, everyone’s right to freedom of conscience and religion is not mentioned as the ideological choice of one person, but is aimed only at regulating the activities of religious associations. Also, hatred of certain confessions and religions is becoming noticeable in the modern society of the country, and the activities of many religious associations are restricted and infringed on by the state. There is a need to establish the causes of this process.
Keywords: legal status, human rights, freedom of conscience, freedom of religion.
Reference bibliographic list
1. The Constitution of the Russian Federation. Moscow, 2022
2. Russian Federation. The laws. On freedom of conscience and religious associations: Federal Law No. 125-FZ of September 26, 1997 // SPS ConsultantPlus. – The federal law“On Freedom of Conscience and Religious Associations” No. 125-FZ of September 26, 1997 (last edition). [Electronic resource]. – Access mode: ConsultantPlus (consultant.ru) (date of access: 05/20/2022).
3. Official website of the Federal State Statistics Service. – [Electronic resource]. – Access mode: Federal State Statistics Service (rosstat.gov.ru) (date of access: 05/14/2022).
4. Gorohova V. V., Gorohova I. V. Problems of ensuring freedom of conscience and religion in the implementation of the legislation of the Russian Federation // Bulletin of the Academy of Economic Security of the Ministry of Internal Affairs of Russia. – 2015. – No. 5. – P. 30-34.
5. Dudarenok S. M., Nichiporova E. V., Shaburov N. V. Freedom of conscience in Russia: historical and modern aspects // Social partnership of the state and religious associations in the modern world: legal and practical aspects. – 2017. – T. 14. – S. 144-150.
References
1. The Constitution of the Russian Federation. Moscow, 2022
2. The Russian Federation. Laws. On freedom of conscience and on religious associations: Federal Law No. 125-FZ of 09/26/1997 // SPS ConsultantPlus. – Federal Law “On Freedom of Conscience and on Religious Associations” dated September 26, 1997 No. 125-FZ (latest edition). [Electronic resource]. – Access mode: ConsultantPlus (consultant.ru) (date of reference: 05/20/2022).
3. Official website of the Federal State Statistics Service. – [Electronic resource]. – Access mode: Federal State Statistics Service (rosstat.gov.ru) (date of application: 05/14/2022).
4. Gorokhova V. V., Gorokhova I. V. Problems of ensuring freedom of conscience and religion in the implementation of the legislation of the Russian Federation // Bulletin of the Academy of Economic Security of the Ministry of Internal Affairs of Russia. – 2015. – No. 5. – Pp. 30-34.
5. Dudarenok S. M., Nichiporova E. V., Shaburov N. V. Freedom of conscience in Russia: historical and modern aspects // Social partnership of the state and religious associations in the modern world: legal and practical aspects. – 2017. – Vol. 14.-Pp. 144-150.
CIVIL LAW
VOYKOVA Natalya Andreevna
Ph.D. in Law, associate professor of the RANEPA under the President of the Russian Federation
MOREEVA Sofya Nikolaevna
Ph.D. in Law, Head of Jurisprudence and practical jurisprudence sub-faculty of the Institute of Social Sciences of the RANEPA under the President of the Russian Federation
PERSONAL DATA AS AN ORGANIZATION POLICY OBJECT
The authors consider personal data from the development of the organization’s policy, cover some aspects of the conceptual apparatus, talk about security, storage of personal data, responsibility for violation of the law on working with personal data.
Keywords: processing, collection, storage of personal data, rules for processing personal data.
Reference bibliographic list
1. The Constitution of the Russian Federation / The official text of the Constitution of the Russian Federation, as amended on March 14, 2020, is published on the Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 07/04/2020/
2. Labor Code of the Russian Federation // Rossiyskaya Gazeta. – No. 256. – 12/31/2001.
3. Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” // “Rossiyskaya Gazeta”. – No. 165. – 07/29/2006.
4. Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” // “Rossiyskaya Gazeta”. – No. 165. – 07/29/2006.
CIVIL LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, 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 – branch 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
PERYASHKINA Arina Alekseevna
student of the 4th course of the K. Minin Nizhny Novgorod State Pedagogical University
PROTECTION OF MOTHERHOOD AND CHILDHOOD IN RUSSIA AND FOREIGN COUNTRIES AT THE BEGINNING OF THE XX CENTURY
The article examines the trends of the emergence and development of the Institute of maternity and infancy protection at the beginning of the XX century in Russia and foreign countries of Western Europe. It is shown that in each of the States under consideration, institutions were created to combat child mortality and protect motherhood. The authors also analyze the main types of the system of charity in different countries. In conclusion, the results are summed up, which allow us to make a categorical conclusion about the importance of measures taken in foreign countries and in Russia in the struggle in the issue of maternity and childhood protection at the beginning of the XX century.
Keywords: legal protection of motherhood and childhood, maternity leave, charity system, child.
Reference bibliographic list
1. Semenova O. A. Care of mothers and babies in St. Petersburg at the beginning of the 20th century. on the example of the city “Drops of milk”. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/popechenie-o-materyah-i-mladentsah-v-sankt-peterburge-v-nachale-xx-v-na-primere-gorodskoy-kapli-moloka/ viewer.
CIVIL LAW
GULIYEVA Shafa Teiyub kyzy
senior lecturer of Mingachevir State University, dissertation candidate of International private and European law sub-faculty of the Baku State University
FEATURES OF THE DEVELOPMENT OF A LEASING CONTRACT IN THE LEGISLATION AND PRACTICES OF THE REPUBLIC OF AZERBAIJAN
This article discusses the history of the introduction of a leasing contract into the Azerbaijani legislation, as well as some practical issues of its formation. It conducts a comparative analysis of the current legislation with the previous one, which regulates the procedure for concluding and fulfillment of this contract and considers it as a special type of service. The article also notes that in practice, erroneous attempts were made to fit leasing into a loan contract, which does not correspond to its legal nature. On this issue, the relevant Resolution of the Constitutional Court of the Republic of Azerbaijan is analyzed. The article classifies the forms of a leasing contract and reveals its content with reference to legislation, legal literature, as well as judge.
Keywords: legislation, Civil Code, leasing contract, leasing services, objects, participants, rights, obligations.
Reference bibliographic list
1. Belyaeva I. A. Civil law regulation of financial lease (leasing) in entrepreneurial activity: author. dis. … for the competition. scientist step. cand. legal Sciences. – M., 2005. – 30 p.
2. Torres Ortega I. V. Leasing agreement as a structurally complex obligation: author. dis. … for the competition. scientist step. cand. legal Sciences. – M., 2011. – 20 p.
3. Ugolnikova E. V. Financial lease agreement (Leasing) and its legal essence: author. dis. … for the competition. scientist step. cand. legal Sciences. – M., 2005. – 22 p.
4. Piriyev Tural Lizinq:anlayışı, tarixi və inkişaf yolları // Bakı Hüquq Jurnalı. – 2012. – No. 1. – iyun from: 22-24 (in Azerbaijani).
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
KHANARSLANOVA Zakhbat Daniyalbekovna
master student of the Institute of Law of the Dagestan State University
CIVIL LAW REGULATION OF THE CONSTRUCTION CONTRACT
This article discusses the civil law regulation of the construction contract. The paper reveals the features of the legal regulation of the construction contract. The key act regulating the provisions of the contract construction is the Civil Code of the Russian Federation. Paragraph 3 of Chapter 37 of the Civil Code of the Russian Federation “Construction contract” contains rules directly related to this transaction.
Keywords: construction contract, building regulations, regulation of contract relations, sign of consensuality, sign of bilaterality, sign of retribution.
Reference bibliographic list
1. Bogdanova E. E., Bogdanov D. E., Vasilevskaya L. Yu. Civil law. Textbook. In 2 volumes. Volume 2. – M.: Prospekt, 2020. – 448 p.
2. Mikhailenko E. M. Civil law. A common part. Textbook and workshop for universities. – M.: Yurayt, 2020. – 416 p.
3. Kurbanov R. A., Belialova A. M., Laletina A. S. Civil law. General and special parts. – M.: Prospekt, 2020. – 736 p.
4. Sergeeva A. P. Civil law. Textbook. In 3 volumes. Volume 2 / Ed. Sergeeva A.P. – M.: Prospekt, 2020. – 880 p.
CIVIL LAW
RYBINSKAYA Elena Timofeevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
STERKHOV Petr Anatoljevich
Ph.D. in Law, associate professor of Civil and business law sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
FORMATION AND DEVELOPMENT OF THE INSTITUTE OF OWNERSHIP OF REAL ESTATE
The article touches upon the historical and legal aspect of the formation and development of the institute of ownership of real estate. The study covers various historical periods. The author’s attempt is made to establish the significance of the legal regulation of the institute of real estate in Russia, and also the problems of fixing the institute of real estate in the law are touched upon.
Keywords: property, law, ownership, restriction, dispute, real estate, immovable property, state, history, periods.
Reference bibliographic list
1. Alekseev Yu. G. Pskov judicial letter. Text, commentary, research. – Pskov: Renaissance, 1997. – 143 p.
2. Dularm Sugar. Philosophical, economic, axiological and legal principles of studying property as a social and legal value // Baikal Research Journal. – 2012. – No. 4.
3. Kirdina S.G. History of land relations in Russia in the light of the theory of institutional matrices // Historical and economic studies. – 2004. – No. 1-2 S. 32-61.
4. Prokopiev V.N. Evolutionary approaches in the study of property relations // Izvestiya IGEA. – 2011. – No. 4 (78). – P. 11-14.
5. Cherepnin L. The main stages in the development of feudal fragmentation in Rus’ (until the 17th century) // Questions of history. – 1953. – No. 4. – S. 38-63.
6. Chistyakov O. I. Russian legislation of the X-XX centuries: 9 vols. T. 3: Acts of Zemsky Sobors. – M.: Yurid. lit., 1985. – 512 p.
CIVIL LAW
SEMENOVA Nataliya Sergeevna
Ph.D. in Law, associate professor of Church practical disciplines sub-faculty of the Moscow Theological Academy of the Russian Orthodox Church
INTERNAL REGULATIONS OF RELIGIOUS ORGANIZATIONS: CONCEPT, CONTENT AND LAW ENFORCEMENT
According to Article 14 of the Constitution of the Russian Federation, “religious associations are separated from the state”. This constitutional principle means the separation of the spheres of competence of religious associations and the state, as well as a ban on interference in the exclusive competence of each other. The exclusive competence of religious associations is determined by its internal regulations. This article defines the concept and content of the internal regulations of the Russian Orthodox Church, shows the problems associated with the practical application of this constitutional principle; extracts from national and international judicial practice are given, which clearly demonstrate the possible scope of state intervention in the internal regulations of religious associations, as well as the state’s obligations to protect the right to freedom of conscience and religion in accordance with national and international law .
Keywords: internal regulations of religious organizations, right to freedom of conscience and religion, separation of religious associations from the state, Russian Orthodox Church, international law, religion, human rights, European Court of Human Rights.
Reference bibliographic list
1. The Constitution of the Russian Federation of 12.12.1993 // SPS ConsultantPlus.
2. Civil Code of the Russian Federation // ATP ConsultantPlus.
3. Federal Law “On freedom of conscience and religious associations” dated September 26, 1997 No. 125-FZ // ATP ConsultantPlus.
4. Tsypin Vladislav, prot. Relations between Church and State. Canonical principles and historical reality. – [Electronic resource]. – Access mode: http://lib.pravmir.ru/library/readbook/323 (date of access: 10/25/2022).
5. The model charter of the theological seminary was approved at the meeting of the Holy Synod on December 25, 2014 (Journal No. 124). – [Electronic resource]. – Access mode: http://www.patriarchia.ru/db/text/3968965.html (date of access: 10/25/2022).
6. Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 // ATP ConsultantPlus.
7. Holy Synod of the Bulgarian Orthodox Church (Metropolitan Inokentiy) and Others v. Bulgaria (Applications 412/03, 35677/04). – [Electronic resource]. – Access mode: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-90788%22]} (Accessed: 10/26/2022).
8. Recommendation of the Parliamentary Assembly of the Council of Europe No. 1805 (2007) “Sacrilege, religious insults and hostile speech against persons in connection with their religion”. – [Electronic resource]. – Access mode: https://www.coe.int/T/r/Parliamentary_Assembly/[Russian_documents]/[2007]/[Juin2007]/Rec1805_rus.asp (date of access: 25.10.2022).
9. Discrimination against Christians in the 21st century: legal discourse. Monograph. Reader / Edited by N. S. Semenova, E. V. Kiseleva, A. M. Solntsev. Sergiev Posad: Publishing House of the Moscow Theological Academy. – 2021. – S. 73-84.
10. Ruling of the Constitutional Court of the Russian Federation of July 11, 2002 No. 209-O “On the refusal to accept for consideration the complaint of citizens Mikhailova Maria Borisovna and Ryvkin Kirill Albertovich on violation of their constitutional rights by paragraph 2 of Article 15 of the Federal Law “On Freedom of Conscience and on Religious Associations” » // SPS ConsultantPlus.
11. For more on this, see also: Semenova N.S. Implementation of the right to freedom of conscience and religion during a pandemic // Praxis. – 2020. – No. 3 (5). – S. 41-54.
12. ECHR Judgment “Campbell and Cosans v. the United Kingdom” 25 February 1982 (Application no. 7511/76; 7743/76). – [Electronic resource]. – Access mode: https://hudoc.echr.coe.int/rus#{%22itemid%22:[%22001-57455%22]} (Accessed: 11/25/2022).
13. Sentence of the Khamovniki District Court of Moscow dated August 17, 2012 in the case against N. A. Tolokonnikova, E. S. Samutsevich and M. V. Alekhina // Pravdinform. – [Electronic resource]. – Access mode: http://trueinform.ru/modules.php?name=News&file=article&sid=7136 (date of access: 11/20/2022).
14. Criminal Code of the Russian Federation // ATP ConsultantPlus.
15. Semenova N.C. Legal protection of “religious feelings of believers” in the Russian Federation // Praxis. – 2019. – No. 2. – P. 48-63.
CIVIL LAW
KHILKO Ivan Yurjevich
Ph.D. in Law, assistant professor of Civil and legal disciplines sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor General’s Office of the Russian Federation
THE IMPROVING OF SOCIAL PROTECTION OF JUDGES, PUBLIC PROSECUTORS, EMPLOYEES OF THE INVESTIGATIVE COMMITTEE OF THE RUSSIAN FEDERATION, CERTAIN CATEGORIES OF MILITARY PERSONNEL, EMPLOYEES OF FEDERAL EXECUTIVE AUTHORITIES AND COMBAT VETERANS
The article analyzes the legal regulation of the state guarantee for civil servants on the extraordinary (priority) provision of a place for children in a preschool educational institution and general educational organizations. Measures have been proposed to increase the level of social protection of judges, public prosecutors, employees of the Investigative Committee of the Russian Federation, certain categories of military personnel, employees of federal executive authorities, combat veterans.
Keywords: state guarantee, social support, civil service, civil servant, place in an educational institution or organization.
Reference bibliographic list
1. Averin A. N. Social protection of state and municipal employees: textbook; Russian acad. state service under the President of the Russian Federation. – M.: Publishing house of the RAGS, 2008. – 139 p.
2. Kapinus O. S., Ryabtsev V. P. Legal regulation of public service in the prosecutor’s office of the Russian Federation: trends and development prospects // Bulletin of the Academy of the General Prosecutor’s Office of the Russian Federation. – 2010. – No. 5. – P. 12-19.
3. Kostylev V. V., Obidina S. V. Features of the legal status of a municipal employee in the Russian Federation // Actual problems of administrative and administrative procedural law: Collection of articles based on the materials of the X Anniversary International Scientific and Practical Conference (Sorokin Readings), St. Petersburg, March 22, 2019 / Under the general editorship of A. I. Kaplunov. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 69-73.
CIVIL LAW
DRACHEV Artem Valerjevich
postgraduate student of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia
MEDIATION IN THE DIGITAL SOCIETY: DISPUTES INVOLVING ECONOMIC ENTITIES IN THE CONSTRUCTION INDUSTRY OF RUSSIA
Abstract Purpose: The objectives of this article are to determine the level of development of mediation procedures with the participation of economic entities in the construction sector of Russia and to comprehend the prospects for improving non-judicial dispute resolution tools taking into account foreign experience.
Methodology: General scientific and special legal methods were used in the study. The author analyzed the existing legal basis for the use of mediation in the construction sector by means of a formal legal and comparative legal method. The object of the study is the social relations that develop in Russia when resolving disputes in the construction sector. Results: The construction industry in Russia is one of the key and fast-growing areas affecting the macro- and microeconomic processes of the country as a whole. Out-of-court dispute resolution tools between business entities in Russia are at an early stage of development, which, in turn, affects the development of the construction industry in general and the achievement of the goals in particular. To date, it is necessary to promptly create a legal framework for the possibility of using out-of-court dispute resolution tools in at least two areas: in the field of contract work for state and municipal needs, as well as shared-equity construction .
Keywords: Mediation, disputes, construction sector, contractor, shared-equity construction, shareholders, state customer, contractor.
Reference bibliographic list
1. 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. S. 1842-1849.
2. Frolova E. E. Leading positions of the Asia-Pacific countries in the legal regulation of alternative resolution of financial disputes // In the collection: Comparative legal aspects of legal relations of civil circulation in the modern world. Collection of articles of the International Scientific Legal Forum in Memory of Professor V. K. Puchinsky. 2019. S. 185-194.
3. Avdyyev M. A. Online dispute resolution services: selected cases // Modern management technologies. 2015. No. 8 (56) p. 1-7.
4. Galkovskaya N. G., Vutin V. E. Online arbitration as a means of resolving cross-border economic disputes // Problems of execution of online arbitration decisions (Tomsk State University). 2017. 24. P. 133-147.
5. Korobeinikov T. S. Resolution of consumer disputes on the Internet //Achievements in the field of economics, business and management. 2020. 128. S. 3323-3330.
6 Kuzbagarov A. N. Reconciliation of the parties in conflicts of a private law nature [Text]. St. Petersburg: Status, 2010. 359 p.
7. Nosyreva E. I. Alternative dispute resolution in the USA [Text]. M.: Gorodets. 2005. 320 p.
8. Proskuryakova M. I. Electronic justice in Germany: current state and development prospects // Journal of St. Petersburg State University. Right. 2018. No. 3. S. 433-447.
9. Rozhkova M. A. On the automation of online arbitration and online settlement of commercial and consumer disputes: a collection of articles. M.: Statute. 2019. S. 205-234.
10. Cortes, Pablo, Arno, R. Lodder. (2014). Consumer Dispute Resolution Goes Online: Reflections on the Evolution of European Law for Out-of-Court Redress // Maastricht Journal of European and Comparative Law. No. 21. 1. P. 14-38, doi: 10.1177/1023263×1402100102.
11. Fowlie F., Khan S. (2016). The Balochistan Ombudsman And Online Dispute Resolution // International Journal on Online Dispute Resolution. No. 3 (1). P. 69-74. DOI:10.5553/IJODR/235250022016003001007.
12. Ermakova E. P., Frolova E. E. Using artificial intelligence in dispute resolution // Smart Innovation, Systems and Technologies. 2022 Vol. 254. P. 131-142.
CIVIL LAW
KOMLEVA Tatyana Mikhaylovna
postgraduate student of Civil law, civil process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia (Scientific tutor Ph.D. in Law Frolova E. E.)
THE HISTORY OF THE DEVELOPMENT OF INHERITANCE LAW IN SPAIN AND ITS FIRST LEGAL SOURCES
The article is devoted to the analysis of the historical stages of the formation and development of inheritance law in Spain. The article analyzes two main periods that significantly influenced the creation of inheritance law in Spain – Roman and Germanic law. The main features of each of the stages are highlighted, examples of the first order of inheritance are given, the factors that were most important during inheritance in a given period of time are highlighted. The article analyzes the gradual development of the first Spanish sources of law, their creation, content and additions affecting inheritance issues, and also provides a historical background of the development of the modern Spanish Civil Code.
Keywords: inheritance, inheritance law, Spain, Roman law, German law, history, family, sources of law, codification, Spanish Civil Code.
Reference bibliographic list
1. De la Oliva de Castro A. Private Dictionary of Law, dir. Ignacio de Casso, and Romero Francisco Cervera and Jimenez-Alfaro, 1st edition. Barcelona, Labor, 1954.
2. L. Garcia Valdeabellano. The tribal community of the family in medieval Spanish law, vol. III, number 1 Salamanca 1956. S. 16.
3. Planits H. Principles of private German law, 3rd per. German school K. Melon Infante. Barcelona, 1957. S. 343.
CIVIL LAW
KOSTIN Andrey Vasiljevich
magister student of the 1st course of the Institute of Law of the Tomsk State University
RECOGNITION OF THE CONTRACT AS INVALID IN THE PRESENCE OF AN ANTI-MORAL ACCEPTANCE
The article examines the legal nature of the acceptance and the offer, the legal fate of the acceptance in the contract, as well as the possibility of invalidation of the contract in the presence of acceptance, expressed by anti-moral active-conclusive actions. A distinction is made between the action and the expression of will resulting from this action.
Keywords: deal, acceptance, offer, contract, nullity, active-conclusive activity, basics of morality.
Reference bibliographic list
1. Alexandrov N. G. Law and legality in the period of developed construction of communism. – M.: Gosjurizdat, 1961.
2. Braginsky M.I., Vitryansky V.V. Contract law. General provisions. 3rd ed. – M.: Statute, 2011.
3. Gavze F. I. Socialist civil law contract. – M.: Yurid. lit., 1972.
4. Karapetov A. G. Contract law (general part): article-by-article commentary on articles 420-453 of the Civil Code of the Russian Federation / Ed. A. G. Karapetov. – M.: M-Logos, 2020.
5. Novitsky I. B., Lunts L. A. General doctrine of obligation. – M.: State publishing house of legal literature, 1954.
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
CIVIL LAW REGULATION OF THE CONSTRUCTION CONTRACT
This article discusses the loan agreement. The paper reveals the concept, types and elements of a loan agreement. The relevance of the study is due to the fact that a loan is the most typical loan obligation, expressing the main features of other forms of lending. Under a loan agreement, one party (the lender) transfers money and other things of the same kind and quality to the other party (the borrower), and the borrower undertakes to return to the lender the same amount of money or an equal amount of other things of the same kind and quality.
Keywords: loan agreement, lender, lender, borrower, receipt, state loan, money, receipt, borrowed funds, property loan, repaid loan, early execution of the contract, subject of the loan.
Reference bibliographic list
1. Dolinskaya V. V., Morgunova E. A., Shevchenko O. M. Civil law. Rights objects. Textbook for bachelors. – M.: Prospekt, 2020.
2. Zenin I. A. Civil law. Special part: textbook for academic baccalaureate. – 19th ed., revised. and additional – M .: Yurayt Publishing House, 2019.
3. Ilyin A. A. Types of credit agreements and their features // Scientific electronic journal Meridian. – 2017. – No. 4 (9).
4. Kurbanov R. A., Belialova A. M., Laletina A. S. Civil law. General and special parts. – M.: Prospekt, 2020.
5. Solomin S. K., Solomina N. G. Civil law: certain types of contracts: textbook. – M.: Yustitsinform, 2018.
6. 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
BALMASHNOV Egor Alexandrovich
student of the 4th course of the Institute of Justice of the V. F. Yakovlev Ural State Law University
Patrushev Kirill Yurjevich
student of the 4th course of the Institute of Justice of the V. F. Yakovlev Ural State Law University
SET-OFF TERMS
The article analyzes the legal regulation of the conditions of offset (testability of claims), the practice of its application, the development of civil science on this topic. The authors consider both the current Russian and foreign legislation, and, if necessary, refer to the history of the development of the institution under study. The article uses the method of comparative legal research, analyzes the legislation of Germany and France, as well as the Principles of European Contract Law (PECL). The conclusion is made about the inadequacy of the legal regulation of the offset conditions in the current Civil Code, the controversial nature of some additional conditions that have appeared in judicial practice.
Keywords: offset, civil law, reciprocity, homogeneity, liquidity, maturity, feasibility.
Reference bibliographic list
1. Egorov A. V. The German offset model in application to Russian realities: theory and practice // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2014. – No. 3. – P. 4-24.
2. Dernburg G. Pandekty: Law of Obligations. Translation from German: Reviewed and agreed with the 7th edition of the original. T. 2: Issue. 3 / Per. under the editorship of: Sokolovsky P.; Ed.: Worms A.E., Wulfert I.I. – 3rd Russian. ed. – M.: Pech. A. I. Snegireva, 1911. – S. 142-176.
3. Solomin S. K., Solomina N. G. Termination of obligations under Russian civil law. – M., 2014. – S. 13.
4. Alekseev S. S. Unilateral transactions in the mechanism of civil law regulation // Anthology of the Ural civil law. 1925-1989: Collection of articles. – M .: “Statut”, 2001. – S. 59.
5. Braginsky M. I., Vitryansky V. V. Contract law: general provisions. – 4th ed. – Moscow: Statute, 2020. – P. 365.
6. Bevzenko R. S., Fakhretdinov T. R. Credit in civil law: the experience of studying the theoretical construction and generalization of judicial practice. – M.: Statute, 2006. – S. 32.
7. Pavlov A. A. Prerequisites for offset // Law. – 2022. – No. 2. – S. 28-49.
8. Bibikova E. V. A contract in favor of a third party in Russian and European private law: a comparative legal review // Bulletin of Economic Justice of the Russian Federation. – 2017. – S. 15 – 30.
9. Zimmerman R. Comparative Foundation of a European Law of Set-Off and Prescription. – Cambridge University Press, 2004. – P. 48.
10. Contractual and obligation law (general part): article-by-article commentary on articles 307 – 453 of the Civil Code of the Russian Federation / Otv. ed. A. G. Karapetov. – M.: M-Logos, 2017. – S. 774.
11. Shershenevich G. F. Favorites. T. 5: Textbook of Russian civil law / Entry. word, comp.: P. V. Krasheninnikov. – M.: Statute, 2017. – 832 p. – S. 447.
12. Civil law: Textbook. In 2 volumes / Ed. B.M. Gongalo. T. 2. – 2nd ed., revised. and additional – M.: Statute, 2017. – 543 p. – S. 146.
13. Civil law: textbook: in 4 volumes / ed. E. A. Sukhanov. – 2nd ed., revised. and additional – Moscow: Status, 2020. Vol. 3: General provisions on obligations and contracts. Contractual obligations to transfer things to ownership or use. – 480 s. – S. 93.
14. Savatier R. Theory of obligations: Jurid. and economy. essay / Per. from fr. and intro. article [p. 5-22] Dr. jurid. Sciences R. O. Khalfina. – Moscow: Progress, 1972. – 440 p. – S. 427.
15. Planiol M. The course of French civil law. Part One: The Theory of Commitment / Per. from fr. V. Yu. Hartman. – S. 169.
16. Gernhuber J. Die Erfüllung und ihre Surrogate, 2. Aufl. 1994. – P. 247.
17. Krasheninnikov E. A. The main problems of offset // Essays on commercial law: Sat. scientific tr. / Ed. E. A. Krasheninnikova. – Yaroslavl, 1999. – Issue. 6. – S. 11-15.
18. Morandier L. Zh. Civil law of France / Per. from fr. E. A. Fleishits. – T. 2. – M., 1960. – S. 570-574.
CIVIL PROCESS
IVANOVA Lyudmila Alexandrovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Astrakhan State Technical University, retired judge
ON THE ISSUE OF CONCILIATION PROCEDURE IN CIVIL PROCEEDINGS
The article considers the novelties of civil procedural legislation on conciliation procedures. It is established that the most significant and effective is the use of various types of conciliation procedures. The peculiarities of the application of judicial reconciliation are noted. Judicial reconciliation is a relatively new mechanism of reconciliation of the parties in civil proceedings and has its own distinctive features. According to the authors, the introduction of judicial reconciliation will most effectively solve the tasks of reconciliation of the parties, since the conciliators in this case are retired judges, which causes greater confidence among citizens.
Keywords: judicial reconciliation, conciliation procedures, alternative reconciliation procedures, mediation.
Reference bibliographic list
1. “Civil Procedure Code of the Russian Federation” dated November 14, 2002 No. 138-FZ (as amended on July 14, 2022) // Collection of Legislation of the Russian Federation. – 11/18/2002. – No. 46. – Art. 4532.
2. Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” dated July 26, 2019 No. 197-FZ) // Collected Legislation of the Russian Federation dated July 27, 2019 – No. 30. – Art. 4099.
3. Decree of the Plenum of the Supreme Court of the Russian Federation of October 31, 2019 No. 41 “On Approval of the Rules for Judicial Conciliation”. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 09/25/2022).
4. Rotova K. S. Actual problems of conciliation procedures in the civil process // Young scientist. – 2021. – No. 39 (381). – S. 125-129.
5. Website of the Astrakhan Regional Court. – [Electronic resource]. – Access mode: http://oblsud.ast.sudrf.ru (date of access: 11/24/2022).
6. Website of the justice of the peace of the court district No. 1 of the Kirovsky district of the city of Astrakhan. – [Electronic resource]. – Access mode: http://kir1.ast.msudrf.ru/modules.php?name=info_pages&id=1106 (date of access: 11/21/2022).
LABOR LAW
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
FEATURES OF THE LEGAL STATUS OF WOMEN AT WORK
The Russian labor market is characterized by the problem of gender inequality, which negatively affects the development of the economy, maintaining competition in professional areas, and the standard of living of citizens. The article analyzes the labor legislation of the Russian Federation. The types of professional activities were ranked according to the proportion of men and women employed in these areas. An assessment of the list of professions prohibited for women is given. The article includes a brief overview of the legislation of foreign countries in this area, development trends in the legal sphere on this issue.
Keywords: gender inequality, caring for women, list of prohibited professions, peculiarities of the legal status of women.
Reference bibliographic list
1. Molodtsov M. V., Golovina S. Yu. Labor law of Russia: Textbook for universities. M.: Norma. 2003. S. 507.
2. International Labor Office. Women in the world of work. Trends 2016. Summary. 2016. S. 6-13.
3. Department of Multilateral Economic Cooperation of the Ministry of Economic Development of Russia. Women in the economy. Overview of the international and Russian agenda // The pay gap between men and women. 2021. S. 2-8.
4. Kuznetsova A.K. Gender discrimination in the labor market of China. [Electronic resource]. – Access mode: https://lomonosov-msu.ru/archive/Lomonosov_2007/03/nastena_kuz@mail.ru.doc.pdf (date of access: 12/20/2022).
5. Order of the Ministry of Labor of Russia dated July 18, 2019 No. 512n (as amended on May 13, 2021) “On approval of the list of industries, jobs and positions with harmful and (or) dangerous working conditions, in which the use of women’s labor is limited.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_331608/ (date of access: 12/23/2022).
6. Magazine “Labor Disputes” // The four most high-profile disputes about discrimination in Russia. 2022.
7. Decree of the Government of the Russian Federation of February 25, 2000 No. 162 “On approval of the list of hard work and work with harmful or dangerous working conditions, in the performance of which the use of women’s labor is prohibited” (lost force). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_26328/ (date of access: 12/23/2022).
8. Draft Law No. 251841-8 On repealing Article 253 of the Labor Code of the Russian Federation. Explanatory note to the draft federal law “On the invalidation of Article 253 of the Labor Code of the Russian Federation”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/251841-8 (date of access: 12/20/2022).
9. Rg.ru: article “State Duma deputies proposed to abolish the list of professions prohibited for women” dated 07.12.2022. [Electronic resource]. – Access mode: https://rg.ru/2022/12/07/ne-zhenskoe-delo.html (date of access: 12/20/2022).
10. Xu Ke. Women in China // Bangkog Conference, Gender Discrimination in South Asia. 2000. [Electronic resource]. – Access mode: https://www.onlinewomeninpolitics.org/ (date of access: 12/20/2022).
FAMILY LAW
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofia Dmitrievna
student of the 3rd course of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
THE PHENOMENON OF ACTUAL MARRIAGE RELATIONS: POPULARIZATION, ADVANTAGES, REGULATORY PROBLEMS
The article raises the question of the applicability of actual marriage relations to modern legal realities. Historical prerequisites, starting points of this phenomenon are shown. It contains an overview of sociological surveys, judicial practice on this issue. Analysis of positions of different researchers. Includes a brief overview of the legislation of foreign countries in this area, development trends in the legal field on this issue.
Keywords: actual marriage relations, family, cohabitation, spouses, society.
Reference bibliographic list
1. Albikov I.R. Protection of the rights and interests of persons in actual marital relations: problems and legal features of their resolution // Family and housing law. 2015. No. 2. S. 12-15.
2. Vybornova M. M. The concept and signs of the actual marriage of heterosexual persons // Actual problems of Russian law. 2011.
No. 2. S. 159-167. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-priznaki-fakticheskogo-braka-raznopolyh-lits (accessed 10/15/2022).
3. Isupova O. G. We just live together // Demoscope Weekly. 2013. No. 565-566. pp. 1-21. [Electronic resource]. – Access mode: https://publications.hse.ru/pubs/share/folder/tev3kwkhch/116492216.pdf (date of access: 10/15/2022).
4. Tarusina N. N. Family law. M.: Prospekt, 2001. S. 60.
5. Chigrina E. V. On the problems of legal regulation of actual marriage relations // Proceedings of the Irkutsk State Economic Academy. – 2015. V. 25. No. 6. S. 1108-1114.
6. Attitude towards marriages and divorces: monitoring. All-Russian poll “VCIOM Sputnik” July 8, 2019 [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/otnoshenie-k-brakam-i-razvodam-monitoring (date of access: 10/20/2022).
7. Tass.ru: article “The State Duma rejected a draft equating cohabitation with a registered marriage” dated 07/26/2018. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/5405678 (date of access: 02.11.2022).
8. Legalacts.ru: Ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 28, 2020 No. 5-KG20-66-K2. [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-sudebnoi-kollegii-po-grazhdanskim-delam-verkhovnogo-suda-rossiiskoi-federatsii-ot-28072020-n-5-kg20-66-k2/ (date circulation: 23.10.2022)
ENVIRONMENTAL LAW
ERMAKOVA Elena 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
FORMATION OF A GREEN MODEL OF RUSSIA’S ECONOMIC DEVELOPMENT IN A DIFFICULT POLITICAL SITUATION IN 2022
The article presents the author’s opinion on how the topic of ESG in Russia will develop in the current economic and political conditions. Analyzing the situation for February-April 2022, it should be concluded that the ESG agenda was not excluded from the plans of the State Duma of the Russian Federation, the Government of the Russian Federation, and Russian enterprises. However, the vectors of the ESG agenda are changing: limited access to Western financing and the termination of cooperation with many Western partners forced Russian enterprises to establish new ties and partnerships in the East.
Keywords: green model of the Russian economy, green finance, ESG agenda, ESG rating, ESG principles, sustainable financing strategy, green bond standard.
Reference bibliographic list
1. Aleksandrova Zh. P., Kat S. A. Achieving carbon neutrality through the introduction of taxation tools // Chronos. – 2021. – V. 6. – No. 12 (62). – S. 58-61.
2. Bagrova K., Kuznetsova E. To resist and survive: what will change in the Russian ESG agenda in the near future // Forbes. – March 11, 2022 – [Electronic resource]. – Access mode: https://www.forbes.ru/forbeslife/458067-ustoat-i-vyzit-cto-izmenitsa-v-rossijskoj-esg-povestke-v-blizajsee-vrema (date of access: 04/25/2022).
3. Bednyakov A. S. The place of Russia in the green finance market // Roscongress. – 05.10.2021. – [Electronic resource]. – Access mode: https://roscongress.org/materials/mesto-rossii-na-rynke-zelenogo-finansirovaniya/ (date of access: 02/23/2022).
4. Bik S. The INFRAGREEN platform publishes a report on the development of the ESG market and green finance in Russia from 2018 to the beginning of 2022 // INFRAGREEN. – March 26, 2022. – [Electronic resource]. – Access mode: https://infragreen.ru/news/135592 (date of access: 04/30/2022).
5. Ermakova E. P. ESG-banking in Russia and the European Union: the concept and problems of legal regulation // State and Law. – 2021. – No. 7. – C. 161-174.
6. Ermakova E. P. The national standard for green finance in Russia in 2020 – a breakthrough in the field of green finance regulation? // RUDN Journal of Law. – 2021. – T. 25. – No. 2. – S. 562-581. DOI: 10.22363/2313-2337-2021-25-2-562-581.
7. Katasonova Yu., Mitrofanov P. The future of the sustainable financing market: to maintain and strengthen the national expertisey // Expert RA JSC. – 03/30/2022. – [Electronic resource]. – Access mode: https://raexpert.ru/researches/sus_dev/esg2022/ (date of access: 04/25/2022).
8. Miroshnichenko A. Environmental finance in Russia for the post-COVID future // VEB.RF. – April 16, 2020 – [Electronic resource]. – Access mode: https://veb.ru/en/press-center/43504/ (date of access: 04/20/2022).
9. Frolova E. E. Green bonds in the countries of Northern Europe: features of development and legal regulation // Journal of the Belarusian State University. Right. – 2020. – No. 2. – P. 43-48.
10. Frolova E. E. Digitalization and green finance: new trends in the legal regulation of economic relations of the XXI century // In the collection: Modern problems and prospects for the development of private law and public law regulation. Materials of the National scientific and practical conference dedicated to the 75th anniversary of the Victory in the Great Patriotic War of 1941-1945. and the 90th anniversary of the birth of Doctor of Law, Professor, Academician of the Academy of Social Sciences of the Russian Federation, Honored Lawyer of the Republic of Bashkortostan Mark Semyonovich Ordansky. In 2 parts. – Ufa: Publisher: Bashkir State University, 2020. – P. 328-334.
ENVIRONMENTAL LAW
KODOLOVA Alena Vladimirovna
Ph.D. in Law, senior researcher of the St. Petersburg Federal Research Center of the Russian Academy of Sciences
REVIEW OF JUDICIAL PRACTICE ON COMPENSATION OF DAMAGE TO SOILS DUE TO ILLEGAL WASTE MANAGEMENT
Due to the high urgency of the problem of environmental pollution by solid municipal and industrial waste, as well as in connection with the introduction of amendments to Russian waste legislation, in 2022 an analysis of the practice of bringing to civil liability for committing offenses on soil pollution by waste was carried out. The study was conducted in relation to economic entities located in the Russian part of the Baltic Sea region that committed an offense for the period from 2018-2022. According to the results of the study, conclusions were drawn about the ongoing process of development of the institute of liability for environmental damage, the need to legislate the priority of compensation in kind and the targeted nature of funds collected to budgets of various levels for claims for environmental damage
Keywords: environmental damage, environmental damage, soils, unauthorized landfills, reclamation
Reference bibliographic list
1. Alekseev S. S., Vasiliev A. S., Golofaev V. V., Gongalo B. M. et al. Commentary on the Civil Code of the Russian Federation (educational and practical). Parts one, two, three, four. 2nd ed., revised. and additional / Ed. S. A. Stepanova. – M .: Prospect; Yekaterinburg: Institute of Private Law, 2009. – P. 958.
2. Bratus S. N. Legal responsibility and legality. – M., 1976. – 202 p.
3. Brinchuk M. M. “Environmental law (environmental law)”. – M: Lawyer, 1998. – 688 p.
4. Bulaevsky B. A. Compensation for damage from a road traffic accident by recovering the cost of restoring the vehicle // Commentary on judicial practice. Issue. 10. M.: Legal literature. – 2004. – S. 122.
5. Civil law. In 2 volumes. Volume 2. Textbook / Ed. E. A. Sukhanova. – M.: Publishing house BEK, 1994. – 432 p.
6. Zimin V. A. Methods of compensation for harm under Russian civil law // Lawyer. – 2015. – No. 3. – S. 17-24.
7. Kiryushina O. N. Legality of compensation for damage caused to forests, in multiples // Bulletin of St. Petersburg State University. – Ser. 14. – 2014. – Issue. 3. – S. 122.
8. Fatkulin S.T., Grishchenko V.A. “Problems of legal liability for the creation of unauthorized dumps” // Bulletin of SUSU. – Law Series. – 2017. – T. 17. – No. 4. – P. 36.
9. Chernykh N.A., Usov A.I., Omelyanyuk G.G. Forensic environmental expertise. – M: RUDN University, 2009. – P. 9.
FINANCIAL RIGHT
Karev Dmitry Alexandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
KAMAEVA Yana Maksimovna
magister student of the 2nd course of the Samara State University of Economics
FORMS OF FINANCIAL ACTIVITY OF THE STATE
The article discusses the financial activity of the state, the form, methods and methods of its implementation. The features of the functioning of the company in terms of the use of financial resources are revealed. The importance of the existence of these forms for building a financially literate state is substantiated.
Keywords: financial activity, financial legal acts, legal form, methods of conduct, state, financial structure.
Reference bibliographic list
1. Vostrikova L. G. Financial law: a textbook for universities. 4th ed., revised. and additional – M.: Yustitsinform, 2009. – 283 p.
2. Krasavina L. N., Alekseev P. V. On increasing the role of credit and banks in the innovative development of the Russian economy // Money and credit. – 2011. – No. 4. – P. 69.
3. Karaseva M. V. Financial law (General part): Textbook. – M.: Lawyer, 2000. – 256 p.
4. Osadchiy G. N. Tasks of the state to improve the efficiency of reform budgetary process // “Taxes” (journal). – 2007. – No. 6. – P. 5-9.
5. Finance, monetary circulation and credit: a textbook for universities / Ed. Chaldaeva L. A. – M .: Yurayt, 2012. – 511 p.
6. Sharinova G. A. Financial mechanism — an active element in the financial management system // Bulletin of the Kalmyk University. – 2019. – No. 1. – P. 93-98.
7. The Constitution of the Russian Federation: Adopted by popular vote on 12/12/1993 with changes approved during the all-Russian vote on 07/01/2020 // Consultant Plus: Sprav, legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/?ysclid=la58eghyqd363030409 (date of access: 04.11.2022).
8. Maksimov Yu. A. On the issue of the financial policy of the Russian Federation in the sphere of foreign trade regulation // Modern scientific thought. – 2018. – No. 2. – P. 148-155.
9. Shcherbakova Yu. V. Modern problems of financial policy and ways to solve them // Young scientist. – 2019. – No. 13. – P. 477-480.
FINANCIAL RIGHT
BUTKO Sergey Petrovich
lecturer of Tactical and special training sub-faculty of the Volgograd Academy of the MIA of Russia, competitor of Management and finance of production systems sub-faculty of the Volgograd State Technical University
HISTORY AND PROBLEMS OF DEVELOPMENT OF THE BANKING SECTOR
The article gives a brief excursion into the history of the development of banking and identifies some of the current problems of the banking sector. The author analyzes the list of services offered by banks, focusing on the social benefits of their main activities. Particular attention is paid to the interaction between the investor and the borrower in the debt financing market and the solution of the problems that arise in this case. The elements of the banking system that determine the quality of bank management, as well as possible risks arising from the transfer of electronic money, are considered.
Keywords: bank, banking sector, elements of the banking system, cash, loan, borrower, investor, information asymmetry, business, phishing.
Reference bibliographic list
1. Butko S. P. Security issues of entrepreneurial banking under the influence of modern digital technologies // Economics and Entrepreneurship. – 2020. – No. 2 (115). – S. 663-666.
FINANCIAL RIGHT
MARAKHOVSKAYA Kristina Gennadjevna
student of the 2nd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
Karpets Svetlana Igorevna
student of the 2nd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
PROBLEMS OF IMPLEMENTATION OF THE STATE AUDIT BY THE ACCOUNTING CHAMBER OF THE RUSSIAN FEDERATION
This article is devoted to the consideration of issues related to the place of the Accounting Chamber as the highest body of state external financial control in the system of public authorities. Important theoretical issues that cause contradictions in practice were touched upon. In this connection, a few problems related to the implementation of the state audit by the Accounting Chamber of the Russian Federation were put forward. Based on the analysis of the current legislation, legal literature, the opinions of legal scholars, as well as comparative legal research, measures were proposed to improve the law on the Accounting Chamber.
Keywords: audit, financial control, Accounting Chamber, parliamentary control, legislative power.
Reference bibliographic list
1. Afanas’eva S. A., Orlov M. A. Some features of the organization and activities of the Accounts Chamber of the Russian Federation // Bulletin of the Moscow State Pedagogical University. Series: Legal Sciences. – 2015. – No. 3 (19).
2. Saunin A. N. State audit. – M.: Moscow University Publishing House, 2020.
3. Saunin A. N. Federal Law “On the Accounts Chamber of the Russian Federation”: a new edition with new problems // Financial Law. – 2014. – No. 5.
FINANCIAL RIGHT
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
PLATONOVA Alexandra Dmitrievna
student of the 3rd course of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ARGUNOVA Valentina Mikhaylovna
student of the 3rd course of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
NEPOYRANOVA Mariya Vasiljevna
student of the 3rd course of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
TRENDS AND PROSPECTS FOR THE DEVELOPMENT OF REGULATORY BASE OF INTERNAL FINANCIAL CONTROL IN THE PUBLIC SECTOR
The article is devoted to identifying trends in the development of the legislative framework of the internal financial control system in Russian Federation. It was found out that the legal framework in the field of state financial control has been actively improved over the past years, and as a result of internal financial control currently appears in a completely different quality.
Keywords: state financial control, internal control, budget legislation, internal audit.
Reference bibliographic list
1. Busalova S. G., Gorchakova E. R. Internal state financial control // Bulletin of the Altai Academy of Economics and Law. – 2018. – No. 7. – P. 34-38.
2. Dreving C. P., Khrustova L. E. Modern understanding of the category “internal financial control”: problems and prospects of study // Financial management. – 2016. – No. 3. – C. 30-44.
3. Serebryakova T. Yu. Theory and methodology of end-to-end internal control: monograph. – M.: INFRA-M, 2016. – 328 p.
4. Usenko O.I. The model of internal financial control in the public sector as a basis for the system of state financial control of a constituent entity of the Russian Federation // Bulletin of the Plekhanov Russian University of Economics. – 2015. – No. 6 (84). – C. 94-106.
TAX LAW
ANDROSOVA Anastasia Olegovna
magister student of Economics, finance and accounting sub-faculty of the I. S. Turgenev Oryol State University
MECHANISM FOR ENSURING THE EFFECTIVENESS OF TAX CONTROL WITHIN THE FRAMEWORK OF THE ECONOMIC SECURITY OF THE REGION
The article discusses the elements of the tax control mechanism, which are an integral part of building an effective tax system in the modern economy, and also analyzed the main components of the effectiveness of tax control and tasks within the economic security of the region. In turn, ensuring the effectiveness of tax control within the framework of the economic security of the region is based on the competence of municipal tax authorities and the effectiveness of the direct implementation of the main types of inspections, the features of which are analyzed in detail and described in this work.
Keywords: tax control, region, economic security, tax mechanism, tax audits.
Reference bibliographic list
1. Galkina V. A., Kachanova N. N. Directions for improving tax control in Russia to ensure its effectiveness. – [Electronic resource]. – Access mode: http://edu.rgazu.ru/file.php/1/vestnik_rgazu/data/20140519155047/021.pdf.
2. Gukina V. O., Belousova S. N. Tax control and evaluation of its performance at the regional level // Economics and management of innovative technologies. – 2016. – No. 4. – [Electronic resource]. – Access mode: http://ekonomika.snauka.ru/2016/04/11417.
3. On the tax authorities of the Russian Federation: Law of the Russian Federation No. 943-1 dated March 21, 1991. Access from the reference-legal system “Consultant. Plus” – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_161248 /
4. Kalatozi GG Tax control as a condition for ensuring economic security in the Russian Federation // Mirovaya ekonomika: problemy bezopasnosti. – 2017. – No. 3. – P. 33-35.
TAX LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Dagestan State University
YAKUBOVA Zagrat Sergeevna
magister student of the 2nd course of study of the Institute of Law of the Dagestan State University
THE CONCEPT AND ESSENCE OF THE SIMPLIFIED TAXATION SYSTEM AS A SPECIAL TAX REGIME.
The article is dedicated to the study of the concept and essence of the simplified tax system of taxation as a special tax regime applied in the Russian Federation. The author carries out an etymological analysis of the term regime, with the allocation of managerial and organizational principles in it, the debatable nature of the issue of the legal nature of legal regimes is noted. The article reveals the features of special tax regimes, their difference from tax benefits, and also substantiates the need to improve the simplified taxation system for its more effective application.
Keywords: regime, simplified taxation system, special tax regime, tax, fee, benefits, exemptions, discounts, exemptions.
Reference bibliographic list
1. Alekseev S. S. Theory of Law. – M.: Publishing house BEK, 1995. – 320 p.
2. Barulin S. V., Zhirova G. V. Special tax regimes: theoretical and organizational foundations // Finance. – 2003. – No. 10. – S. 32-34.
3. Bahrakh D. N., Rossinsky B. V., Starilov Yu. N. Administrative law: textbook. – 3rd ed., revision. and additional – M.: Norma, 2008. – 816 p.
4. Vinnitsky DV Taxes and fees: concept. legal signs. Genesis. – M., 2002. – 144 p.
5. Efremova T. F. Modern explanatory dictionary of the Russian language. Volume 3. R-Ya. – M.: Harvest, 2006. – 976 p.
6. Zhdanova V. Yu. Special tax regime as a kind of legal regime // Journal of Financial Law. – 2005. – No. 2. – S. 33-36.
7. Zimin A. V. Legal regime of tax benefits // Tax disputes: theory and practice. – 2005. – No. 11. – S. 22-27.
8. Kostanyan R. K. Special tax regimes as a kind of tax benefits // Tax disputes: theory and practice. – 2007. – No. 7. – S. 51-58.
9. Malko A. V. Incentives and restrictions in law. – 2nd ed., revised. and additional – M.: Jurist, 2004. – 250 p.
10. Matinov AS Special tax regimes // Financial law. – 2002. – No. 4. – S. 48-54.
11. Matuzov N. I., Malko A. V. Legal regimes: Issues of theory and practice // Jurisprudence. – 1996. – No. 1. – S. 16-29.
12. Financial law of the Russian Federation: textbook. for university students studying in the specialty “Jurisprudence” / Ed. ed. M. V. Karaseva. – 2nd id., revised. and additional – M.: Jurist, 2006. – 591 p.
BUSINESS LAW
BADMADORZHIEV Garma Evgenjevich
magister student of Constitutional and administrative law sub-faculty of the School of Law of the Far Eastern Federal University
ON THE QUESTION OF THE PLACE OF THE SET OF NORMS ON THE INVALIDITY OF TRANSACTIONS IN A BANKRUPTCY CASE IN THE SYSTEM OF LAW OF THE RUSSIAN FEDERATION
The article deals with the question of the place in the domestic system of law of the set of norms on the invalidity of transactions in a bankruptcy case. In the course of the study, the author examines the substantive norms of civil law and the material and procedural norms of the institution of insolvency (bankruptcy), as well as the theoretical provisions already formulated in science on the invalidity of transactions, as a result of the analysis of which the author comes to the conclusion that the sub-institution of invalidity of transactions in a bankruptcy case is an integral part of two institutions of the legal system: the institution of insolvency (bankruptcy) and the institution of the invalidity of transactions in civil law, i.e. this sub-institution is inter-institutional. In addition, throughout the work, the author formulates and proves the special nature of the norms of the sub-institution of invalidity of transactions in a bankruptcy case, which is of great importance in law enforcement practice.
Keywords: institution of insolvency (bankruptcy), invalidity of transactions, transactions, system of law, institution of law, sub-institution of law, special rules.
Reference bibliographic list
1. Andreeva T. K. Procedural procedure for considering bankruptcy cases // Arbitration process. – M .: Publishing house “Gorodets”, 2019.
2. Brusko B. S. General provisions on invalid transactions in the process of insolvency (bankruptcy) // Insolvency (bankruptcy). – M: Statute, 2019.
3. Holmsten A. Kh. The doctrine of the creditor’s right to refute legal acts committed by the debtor to his detriment in modern legal literature. – M .: “Publishing books com”, 2019.
4. Kolomeytseva V. Yu. Theories of invalidity of debtor’s transactions in bankruptcy // International Journal of Humanities and Natural Sciences. – 2021. – No. 11-2 (62).
5. Popondopulo VF Bankruptcy. Legal regulation. – M.: Prospekt, 2016.
6. Ryakhovskaya A. N., Kovan S. E. Influence of the institution of bankruptcy on the economic security of the state: a challenge or a security tool? // Property relations in the Russian Federation. – 2018. – No. 6 (201).
7. Sklovsky K. I. Deal and its action: commentary on chapter 9 of the Civil Code of the Russian Federation (concept, types and form of transactions. Invalidity of transactions) [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 12/14/2022).
8. Fedorov VG The right to refute actions committed by the debtor to the detriment of creditors // Proceedings of the Legal Society at the Imperial St. Petersburg University. – St. Petersburg: Printing house of the t-va “Public benefit”, 1911.
9. Frolov I. V. The institution of insolvency (bankruptcy) in the system of Russian law: model and internal structure // Entrepreneurial Law. – 2020. – No. 1.
INFORMATION RIGHT
KOVSH Sergey Vladimirovich
lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
INFORMATION LAW AND INFORMATION LEGISLATION IN THE CONTEXT OF INNOVATIVE DEVELOPMENT
The article deals with information law, which is one of the new formalized branches of Russian law, its emergence, which allows for legal regulation of the information sphere of life widespread in the modern world. The article analyzes the dynamics of the development of information law and information legislation taking into account innovative changes. aggregates of both general and special scientific methods, such as: system method, comparative method, descriptive method, formal-logical method. According to the research, the author’s position on the existence of features of the development of information law and information legislation in innovative progress results is formulated. As a conclusion, the fact of insufficient legal regulation in the information sphere is established.
Keywords: information law, information legislation, innovative progress, information sphere.
Reference bibliographic list
1. Volkov Yu. V. Information law and transmission of information // Bulletin of the University named after O. E. Kutafin (MGYuAND). – 2019. – No. 12 (64). – S. 105-112.
2. Ivantsova Yu. G. Rapprochement of information legislation with information law – the main direction of improving information legislation // Bulletin of the Voronezh State University. Series: Law. – 2018. – No. 3 (34). – S. 161-169.
3. Novikova V. A., Botasheva L. E. Information law in the conditions of innovative development // Strategy of socio-economic development of society: managerial, legal, economic aspects: collection of scientific articles of the 6th international scientific and practical conference: in 2 volumes , Kursk, November 22-23, 2016. – Kursk: Closed Joint Stock Company “University Book”, 2016. – P. 220-223.
4. Rassolov I. M. Information law and information legislation in the conditions of innovative development // Actual problems of Russian law. – 2016. – No. 4 (65). – S. 92-96.
CRIMINAL LAW
ABOVYAN Edgar Pargevovich
Ph.D. in Law, researcher of the department of Development of methodologies for the execution of criminal penalties without deprivation of Liberty of the Center for the Study of the Problems of the Execution of Criminal Penalties and Psychological support for the professional activities of employees of the Criminal Executive Activity of the Federal State Institution of the FPS of Russia
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
ON THE ISSUE OF PREVENTION OF CORRUPT BEHAVIOR
The article deals with issues related to corruption-related activities. The authors, based on the already conducted research on the
identity of such a criminal, draw conclusions and characterize the factors influencing the manifestation of corrupt activity in civil society
and its rooting for quite a long time.
Keywords: corruption, corrupt behavior, offense, causes and consequences, officials, factors.
Reference bibliographic list
1. Portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. – [Electronic
resource]. – Access mode: http://www.crimestat.ru/analytics (date of access: 11/24/2022).
2. Corruptionists – The identity of the offender. Criminological and psychological research. – [Electronic
resource]. – Access mode: https://studref.com/601560/
pravo/korruptsionery (date of access: 11/24/2022).
3. Vorobyov S. M., Abovyan E. P. On the issue of corruption crime // Social sciences. 2018. No.
2. S. 166-174.
4. Antonyan Yu. M., Kudryavtsev V. N., Eminov V. E. The identity of the offender. Publishing House “Legal Center”
Press”. Moscow, 2004. ISBN: 5-94201-324-1.
5. Federal State Statistics Service (Rosstat). – [Electronic resource]. – Access mode:
https://www.tadvisor.
CRIMINAL LAW
ABDULLIN Artur Rishatovich
Deputy Head of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINALIZATION OF REPEATED PROPAGANDA OR PUBLIC DEMONSTRATION OF NAZI PARAPHERNALIA OR SYMBOLS (ART. 282.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article discusses the most likely socio-political reasons for the criminalization of repeated propaganda or public display of Nazi paraphernalia or symbols (Article 282.4 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 repeated propaganda or public demonstration of Nazi paraphernalia or symbols was a response to the corresponding socio-political challenge, and law enforcement practice is currently in the process of its formation, which leads to further relevance in the study of the relevant topic.
Keywords: criminalization, Criminal Code of the Russian Federation, Nazi symbols and paraphernalia, similarity to the point of confusion, law enforcement practice, sentence.
Reference bibliographic list
1. Abovyan E. N. The threat of the revival of fascism in the modern world // Science, education and culture. – 2020. – No. 1 (45). – S. 18-19.
2. Galyashina E. I. Responsibility for the demonstration of Nazi paraphernalia or symbols or designations confusingly similar to them // Lex Russica (Russian Law). – 2012. – T. 71. – No. 4. – S. 766-773.
3. Makovsky Yu. V. Symbols of the Nazi movement in Germany in the 1920-1940s // Bulletin of the Omsk State Pedagogical University. Humanitarian research. – 2013. – No. 1 (1). – S. 104-106.
4. Nuremberg trials. Sat. mat-lov, 3rd ed., vol. 1-2. – M., 1955.
5. The truth about the policy of the Western powers in the German question. (Historical reference). – M., 1959. – 135 p.
6. Surina A. A. Sales as an economic category: essence and content // Economics and business: theory and practice. – 2021. – No. 3-2 (73). – S. 165-167.
CRIMINAL LAW
BAGAMAEVA Jamilya Magomedalievna
Ph.D. in historical sciences, Deputy Director for SD of the branch of Dagestan State University in Izberbash
OBJECTIVE SIGNS OF COMMERCIAL BRIBERY
The objective aspect of the crime provided for in Art. 204 part 1 of the Criminal Code of the Russian Federation is expressed in the commission of actions in the form of transferring to a person performing managerial functions in a commercial or other organization the subject of commercial bribery, as well as providing him with property services for committing actions (inaction) in the interests of the giver in connection with the official position held by this person (part 1).
The subject of commercial bribery can be money in any currency, securities and other property, as well as illegal services of a property nature and other property rights.
Money can be presented in the form of Russian rubles or any foreign currency (Article 140 of the Civil Code of the Russian Federation). At the same time, this currency must be in circulation and used as a payment.
A security can be a document drawn up in the prescribed form and the presence of mandatory requisites, certifying property rights, the implementation of which is possible only if it is presented. With the transfer of a security, all rights certified by it are automatically transferred in the aggregate (Article 142 of the Civil Code of the Russian Federation). Article 143 of the Civil Code of the Russian Federation lists all types of securities. These include: shares, bonds, bill of lading, promissory note, check, etc.
Keywords: commercial bribery, object, money, securities.
Reference bibliographic list
1. Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” // Rossiyskaya Gazeta. – December, 2008
2. Federal Law of the Russian Federation of July 17, 2009 No. 172-FZ “On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts”.
3. How was corruption defeated in Singapore? Effective methods of struggle. 03/03/2012. – [Electronic resource]. – Access mode: https://black-vates.livejournal.com/7114.html.
4. Ageshin Yu. A. Politics, law, morality. – M.: Yurid. lit., 1982. – S. 91.
5. Vladimir Putin urged not to stop fighting corruption // Rossiyskaya Gazeta. – 01/26/2016. – [Electronic resource]. – Access mode: https://rg.ru/2016/01/26/korruptsia-site.html.
6. Resolution of the Plenum of the Supreme Court of the Russian Federation of July 9, 2013 No. 24 (as amended on December 24, 2019) “On judicial practice in cases of bribery and other corruption crimes” Resolution of the Plenum of the Supreme Court of the Russian Federation of July 9, 2013 No. 24 (as amended of 12/24/2019) “On judicial practice in cases of bribery and other corruption crimes” ConsultantPlus.html.
7. Decree of the President of the Russian Federation of May 19, 2008 No. 815 “On measures to combat corruption” (with amendments and additions of May 17, 2021) GARANT.html. – [Electronic resource]. – Access mode: https://base.garant.ru/12160468/
8. Decree of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000 No. 6 “On judicial practice in cases of bribery and commercial bribery” (as amended on February 6, 2007). – [Electronic resource]. – Access mode: SPS Garant-Maximum.
9. Gordeychik S. A. Crimes of managerial personnel of commercial and other organizations in the sphere of economic activity. Abstract … cand. dis. – Volgograd, 1997. – S. 97.
10. Dal V. I. Explanatory dictionary of the Russian language. Modern version. – M.: Eksmo, 2002. – S. 490.
11. Course of criminal law. Volume 4. Special part (under the editorship of Doctor of Law, Professor G. N. Borzenkov and Professor V. S. Komissarov). – M .: IKD “Zertsalo-M”, 2002 // SPS Garant – maximum.
12. Criminal law of Russia. Special Part / Ed. A. I. Raroga. – M., 1997. – S. 214-215.
13. Criminal law. Special Part / Ed. N. I. Vetrova, Yu. I. Lyapunova. – M., 1998. – S. 386.
14. Criminal law. Special Part / Ed. I. Ya. Kozachenko, Z. A. Neznamova, G. P. Novoselova. – M .: Norma Publishing House, 2000. – S. 362.
CRIMINAL LAW
BIJAMOV Tazhutdin Tagirovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
MARIANOVA likhan Abdulaevich
Ph.D. in historical sciences, associate professor, of the Dagestan State Pedagogical University
MUSAEV Kazbek Batyrovich
Ph.D. in law, senior lecturer of the Dagestan State Pedagogical University
PROBLEMS OF PERSONALITY DEFORMATIONS OF JUVENILE DELINQUENTS
This article discusses the personality characteristics of juvenile offenders, which should be taken into account when investigating
crimes, as well as in working with convicted minors in terms of preventing the recurrence of criminal behavior. A comparative analysis of
the study of the formation of school and age development at a specific stage of life activity, the stability of the adolescent’s psyche, the ability to withstand stresses and difficulties of life is given.
The study of personality creates prerequisites for the development of preventive measures, especially of an individual nature, and
provides an opportunity to predict the future behavior of a juvenile offender. The main issues of personal deformation of a teenager and
the problems of emotional burnout are considered. The signs of such deformation, their classification, theoretical and methodological
approaches to the consideration of the problem are revealed. The main directions of conducting experimental psychological research
on the indicated problems are given.
Keywords: difficult age, adolescent formation, legal education, school and age activity, socialization, psychological attitude of a
teenager.
Reference bibliographic list
1. Abyzov R. M. Typology of personality deformations of juvenile delinquents. Monograph. –
Barnaul: BUI of the Ministry of Internal Affairs of Russia, 2002. – 236 p.
2. Quoted. by work: Kopyt N. Ya., Sidorov P. I. Prevention of alcoholism. – M., 1986. – S. 76.
3. Minkovsky
CRIMINAL LAW
BOROVSKIKH Irina Yurjevna
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
ABAKAROVA Bika Gadzhishamhalovna
lecturer of the Law College of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
FEATURES OF QUALIFICATION OF INTENTIONAL INFLICTION OF MODERATE HARM TO HEALTH IN THE PRESENCE OF MITIGATING CIRCUMSTANCES
The article analyzes the features of criminal liability for causing harm to health in the presence of mitigating circumstances. A study of judicial practice in the Republic of Dagestan has been conducted. The authors draw attention to the difficulties in the interpretation of the terms used by the legislator in determining grave insult, proportionality of defense and attack, and a number of others. The position is substantiated that there are no grounds for a person acting in a state of passion suddenly caused by illegal violence, grave insult or other illegal actions of the victim to make such demands (prudence, foresight of the consequences of his actions). For uniform application of the norms, a broader explanation of the position of the Supreme Court of the Russian Federation in matters of law enforcement practice in cases of this category of crimes is necessary.
Keywords: serious harm to health, affect, necessary defense, law enforcement practice.
Reference bibliographic list
1. Zagorodnikov N. I. Crimes against health. M.: “Legal Literature”, 2009. S. 78. Electronic text. [Electronic resource]. – Access mode: http://www.iprbookshop.ru/71192.html ELS “IPRbooks” (date of access: 11.09.2022).
2. Determination of the UK in criminal cases No. 39-19-113. Review of the judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2019 in criminal cases (approved by the decision of the Presidium of the Supreme Court of the Russian Federation of March 14, 2019) Bulletin of the Supreme Court of the Russian Federation 2020 No. 4. P. 13.
3. Criminal case No. 1-5/2017. Archive of the Izberbash City Court for 2017
4. Aniyants M.K. Responsibility for crimes against life. M.: Legal Literature, 2018. S. 89.
5. Criminal case No. 22-225/18. Archive of the Caspian City Court for 2018
6. Criminal case No. 1-17/2018. Archive of the Caspian City Court for 2018
CRIMINAL LAW
BUSHKOV Denis Valerjevich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
KAPITSA Vyacheslav Stanislavovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
REGULATION OF RESPONSIBILITY FOR INVOLVING A MINOR IN THE COMMISSION OF A CRIME AND ANTI-SOCIAL ACTIONS IN THE LEGISLATION OF FOREIGN STATES
The article presents the results of a systematic analysis of the criminal legislation of a number of states, which provides for responsibility for involving a minor in committing a crime and antisocial actions. As a result of the study of the criminal legislation of Spain, France, the USA, the Netherlands, Azerbaijan, Armenia, Georgia, Kazakhstan, Tajikistan and Kyrgyzstan and other countries, a comparative characteristic of the norms of criminal legislation with the norms of the criminal legislation of the Russian Federation providing for responsibility for involving a minor in committing a crime and antisocial actions is given. Based on the data obtained and the conclusions formed, a proposal is formulated aimed at constructing criminal law norms taking into account the homogeneity of protected public relations.
Keywords: Minor, involvement, crime, antisocial actions, legislation of foreign states.
Reference bibliographic list
1. Criminal Code of Spain. – M.: Publishing House of Moscow State University, 1998. – S. 35-64.
2. Belov V.F. Crimes against the family and minors. – M .: Publishing house “RUSAKI”, 2002. – S. 61-62.
3. Strokov A.A. Characteristics of foreign legislation in matters of committing a crime against minors by analogy with Chapter 20 of the Criminal Code of the Russian Federation // Gaps in Russian legislation. – 2008. – No. 2. – S. 204-205.
4. Nikolaeva Yu.V. Differentiation of crimes against minors in Russia: monograph. – M.: YURKOMPANI, 2011. – S. 7-22.
5. Pudovochkin Yu.E. Responsibility for crimes against minors under Russian criminal law. – St. Petersburg: Legal Center Press, 2002. – P. 112.
6. Criminal Code of the Republic of Azerbaijan dated December 30, 1999 No. 780-Yu (as of July 8, 2022) // Collection of legislative acts of the Republic of Azerbaijan. – 2000. – No. 4. – Art. 251.
7. The Criminal Code of the Republic of Armenia dated April 29, 2003 No. ЗР-528 (as of December 24, 2021) // Official Gazette of the Republic of Armenia. – 2003. – No. 25. – Art. 407.
8. Gulyakevich D. L. Criminal legal protection of the child in the Republic of Belarus: dis. … cand. legal Sciences: 12.00.08. – M., 2016. – S. 142.
9. Criminal Code of the Republic of Georgia dated July 22, 1999 No. 2287-sun (as of May 24, 2022) // Sakartvelos sakanonmdeblo matsne. – 1999. – Art. 209.
10. Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 256 (as of September 12, 2022) // Bulletin of the Parliament of the Republic of Kazakhstan. – 2014. – No. 13. – Art. 83.
11. Criminal Code of the Kyrgyz Republic dated October 1, 1997 No. 68 (as of August 9, 2022) // Gazette of the Jogorku Kenesh of the Kyrgyz Republic. – 1997. – No. 7. – Art. 229.
12. Criminal Code of the Republic of Moldova dated April 18, 2002 No. 985-XV (as of July 29, 2022) // Official Monitor of the Republic of Moldova. – 2002. – No. 128-129. – Art. 1012.
13. Criminal Code of the Republic of Tajikistan dated May 21, 1998 No. 575 (as of July 19, 2022) // Akhboli Majlisi Oli of the Republic of Tajikistan. – 1998. – No. 9. – Art. 68.
14. The Criminal Code of the Republic of Uzbekistan dated September 22, 1994 No. 2012-X11 (as of September 2, 2022) // Vedomosti of the Supreme Council of the Republic of Uzbekistan. – 1995. – No. 1. – Art. 3.
15. Criminal Code of the Republic of Turkmenistan dated 06/12/1997 No. 222-1 (as of 11/13/2021) // Bulletin of the Mejlis of Turkmenistan. – 1997. – No. 2. – Art. nine.
16. Criminal Code of the Republic of Lithuania dated September 26, 2000 No. УШ-1968. – St. Petersburg: Legal Center Press, 2003; Criminal Code of the Republic of Latvia dated 08.07.1998. – St. Petersburg: Legal Center Press, 2001; Criminal Code of the Republic of Estonia dated 06.06.2001. – St. Petersburg: Legal Center Press, 2001.
17. Borovikov V. B., Nedyatko A. V. Criminal liability for involving a minor in the commission of a crime and other anti-social actions under the laws of foreign countries // Gaps in Russian legislation. – 2017. – No. 4. – P. 135.
CRIMINAL LAW
VISKOV Nikolay Viktorovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Volgograd State University
ROZHNOV Aleksey Petrovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Volgograd State University
THE IMPACT OF TECHNOLOGY DEVELOPMENT ON THE CONCEPT OF THE SUBJECT OF CRIME
The study is devoted to the analysis of the change in the content of the subject of crime under the influence of technology development. The contradictions arising between the traditional doctrinal approach to defining the subject of a crime as a thing of the material world and the recognition by criminal law and practice of the subject of encroachment of phenomena that do not have this quality are considered. It is concluded that it is necessary to abandon the propriety of the subject of the crime as its mandatory property.
Keywords: subject of crime, signs of the subject of crime, scientific and technological progress, non-cash funds, cryptocurrency, NFT.
Reference bibliographic list
1. Bikmurzin M.P. Subject of crime: theoretical and legal analysis: author. dis. … cand. legal Sciences. – Saratov, 2005. – 30 p.
2. Bogomolov A. N. Criminal law measures to combat illegal circulation and use of means of payment. – M.: Yurlitinform, 2017. – 144 p.
3. Demidov Yu. A. A person is an object of criminal law protection // State and Law. -2002. – No. 2. – S. 9-12.
4. Kistyakovsky A.F. Elementary textbook of criminal law. Volume one. A common part. – Kyiv, 1875. – 413 p.
5. Kozaev N.Sh. Influence of scientific and technical achievements on the genesis of criminal law // Society and Law. – 2012. – No. 5 (42). – S. 127-130.
6. Korgulev A. G. The subject of a crime in modern criminal law: concept, signs, questions of qualification and legislative regulation: dis. … cand. legal Sciences. – Krasnodar, 2021. – 220 p.
7. Korepanova E. A. To the question of non-cash funds as a subject of crimes // Gaps in Russian legislation. – 2017. – No. 6. – S. 24-28.
8. Korzhansky N. I. Object and subject of criminal law protection. – M.: Academy of the Ministry of Internal Affairs of the USSR, 1980. – 248 p.
9. Korzhansky N. I. The object of the crime (Chapter II) // Encyclopedia of criminal law. T. 4. Composition of the crime. – Prof. Malinina – St. Petersburg. GKA, 2nd ed. – St. Petersburg, 2010. – S. 78-221.
10. Kuznetsov I. V. The concept and types of objects of crimes in the criminal law of Russia: author. dis. … cand. legal Sciences. – Chelyabinsk, 2007. – 27 p.
11. Laptev A. V. Composition of a crime and qualification of criminal cases. – M., 1939. – 27 p.
12. Naumov A. V. Russian criminal law. General part: course of lectures. 2nd ed., revised. and additional – M.: Publishing house BEK, 2000. – 496 p.
13. Spasovich V. Textbook of criminal law. Volume 1. (First edition). – St. Petersburg, 1868. – 428 p.
14. Tatsiy V. Ya. Object and subject of crime in Soviet criminal law. – Kharkov, 1988. – 100 p.
15. Tretiak M. I. On the object of crimes against property // Society and law. – 2011. – No. 3. – P. 190-193.
16. Yashkov S. A. Information as a subject of crime: dis. … cand. legal Sciences. – Yekaterinburg, 2005. – 154 p.
CRIMINAL LAW
KARTASHEVA Ekaterina Viktorovna
cadet of the 3rd course of the 2nd platoon of the Samara Law Institute of the FPS of Russia, private internal 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
CRIMES AGAINST THE ORDER OF MANAGEMENT: CRIMINAL-LEGAL CHARACTERISTICS
The author considers statistical data on the state of crime directed against the order of management, presented by the materials of judicial statistics on prosecution of perpetrators. Within the construction of this piece of writing, the person responsible analyze objective and individual secret language of criminality in opposition to the categories of administration, and also study the problems that arise in the qualification of criminal act.
Keywords: management procedure, characteristic features, punishment, qualification, criminal act, legal characteristic.
Reference bibliographic list
1. Brief description of crime in the Russian Federation for January-December 2021: official. website of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/22678184/
2. Plesnyakova VN Crimes against the order of management // Law and law. – 2020. – No. 11. – P. 109-114.
3. Neznanova ZA Characteristics of crimes against the order of management: problems of qualification // Criminal law. – 2021. – No. 6. – P. 118-122.
4. Report on the characteristics of the crime, its recurrence and repetition in terms of the number of convicts for all offenses of the Criminal Code of the Russian Federation: official. website of the judicial department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=5669.
CRIMINAL LAW
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
MAGOMEDOVA Ekaterina Vasiljevna
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
GENERAL CRIMINOLOGICAL ANALYSIS OF THE INFLUENCE OF NEGATIVE BACKGROUND PHENOMENA ON CRIME
The article analyzes background phenomena affecting crime. Such negative social phenomena as alcoholism, drug addiction and vagrancy are often accompanied by the commission of crimes. Drunkenness provokes cruelty, audacity, is the cause of cynicism and bitterness. Crimes committed under the influence of drugs and alcohol are often of great public danger and cause the onset of more dangerous consequences.
An analysis of the sentences of the courts of the Republic of Dagestan showed that every third sentence is imposed against a person who has committed a crime in the field of drug trafficking.
Keywords: background phenomena, crime, drunkenness, alcoholism, drug addiction, vagrancy, prevention
Reference bibliographic list
1. Brief description of the state of crime in the Russian Federation for 2020-2021. Official site of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.ru/folder/101762/item/7207988/?print=1 (date of access: 10/16/2022).
2. Man as an object of sociological research. Monograph / Ed. L. I. Spiridonov, Ya. I. Gilinsky. Monograph L.: Iz-vo LSU, 1987. S. 78
3. Data from the Federal State Statistics Service. [Electronic resource]. – Access mode: http://www.gks.ru/wps/wcm/connect/rosstat_main/rosstat/ru/ (Accessed 12.10.2022)
4. Review of the judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2020 in criminal cases // SPS “Consultant Plus”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_ (accessed 30.09.22).
5. [Electronic resource]. – Access mode: https://narcorehab.com/articles/statistika-narkomanii-v-rossii-2020-2021
CRIMINAL LAW
NIKULIN Dmitry Vladimirovich
assistant of Jurisprudence sub-faculty of the Siberian State University of Geosystems and Technologies
PROBLEMS OF PROTECTING THE PERSONAL RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS WHEN USING ELECTRONIC INFORMATION IN THE INVESTIGATION OF CRIMES
The article deals with the problems of using electronic information in the process of investigating crimes. It is established that the need to implement effective criminal prosecution often contradicts the principles of protecting the personal rights of subjects, in particular the right to privacy. The problems of contradiction of legislative norms in this area, as well as the practice of their application are revealed.
Keywords: personal rights, electronic information, digital information, privacy, crime investigation, material evidence.
Reference bibliographic list
1. Modern directions of development of forensic methods and technologies in criminal proceedings: monograph / Under scientific. ed. D. V. Kim; resp. ed. A. I. Bayanov. – Krasnoyarsk: Sib. feder. un-t, 2020. – 244 p.
2. Kachalova O. V., Tsvetkov Yu. A. Electronic criminal case – a tool for the modernization of criminal justice // Russian justice. – 2015. – No. 2. – P. 95-101.
3. Pastukhov P. S. On the development of criminal procedural proof using electronic evidence // Collection of scientific articles of the seventh Perm Congress of Legal Scientists (November 18-19, 2016, Perm) / Ed. ed. V. G. Golubtsov, O. A. Kuznetsova. – M.: Statute, 2017. – 592 p.
4. Smakhtin E. V. Digital technologies and criminalistics: some problematic aspects // Russian legal journal. – 2018. – No. 4. – S. 78-83.
5. Bikmiev R. G., Burganov R. S. Seizure and inspection of electronic devices // Criminal law. – 2018. – No. 1. – P. 125-131.
6. Zuev S. V. Inspection and seizure of electronic media during the conduct of investigative actions and operational-search activities // Legitimacy. – 2018. – No. 4. – S. 58-60.
CRIMINAL LAW
PKHESHKHOVA Irina Muaedovna
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
THE OBJECTIVE SIDE OF PUBLIC DISSEMINATION OF KNOWINGLY FALSE INFORMATION
This article analyzes the objective side 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), its mandatory feature is a socially dangerous act; additional signs, namely socially dangerous consequences and a causal relationship, as well as other optional signs, such as place, time, situation, method, means and instruments of committing a crime.
Keywords: objective side of the crime, socially dangerous act, socially dangerous consequence, causal relationship, public dissemination of knowingly false information, socially significant information.
Reference bibliographic list:
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ: (as amended on July 31, 2020). Access from the reference legal system “Consultant-Plus” (date of access: 20.09.2022).
2. Federal Law No. 162-FZ dated 08.12.2003 “On Amendments and Additions to the Criminal Code of the Russian Federation” (last edition).
3. Decisions of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 No. 1 (as amended on November 3, 2016) “On some issues of judicial practice in criminal cases on crimes of a terrorist nature”.
4. Federal Law “On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Code of Criminal Procedure of the Russian Federation” dated 01.04. 2020 No. 100-FZ (last edition).
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF CRIMINAL RESPONSIBILITY OF WAR CRIMINALS IN THE CONDITIONS OF MODERN REALITIES
In the article, based on the grounds and conditions of criminalization, first of all, such as the criminal-political adequacy of the criminal-legal prohibition and the historical experience of this process, the issues of the possibility of establishing criminal liability for war crimes in national legislation are considered. Attention is also focused on the formation of new directions of criminal policy.
Keywords: crime, war crimes, criminal responsibility, occupied territory, criminal policy.
Reference bibliographic list
1. Bordyugov L. G., Nikolaeva E. B. The essence of war crimes in the aspect of international crimes // Collection of scientific papers of the Law series. – 2021. – No. 3 (23). – S. 129-141.
2. Epifanov A. E. Responsibility for war crimes committed on the territory of the USSR during the Great Patriotic War (Historical and legal aspect): dis. … doc. legal Sciences. – Moscow, 2001. – 445 p.
3. Prozumentov L. M. Grounds for criminalization (decriminalization) of acts // Bulletin of the Tomsk State University. Right. – 2014. – No. 4 (14). – S. 81-91.
4. Stepanov P. P. Modern war crimes: their causes and countermeasures: dis. … cand. legal Sciences. – Moscow, 2018. – 276 p. – [Electronic resource]. – Access mode: https://istina.msu.ru/download/98219798/1fWjLe:2EMmOyUFYlcCBKrzI-CO3e7zO_s/. (Accessed: 11/26/2022).
CRIMINAL LAW
TRUBCHANINOV Alexey Viktorovich
senior lecturer 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
BIRYUKOV Svyatoslav Yurjevich
Ph.D. in Law, associate professor, associate professor of Procedural law and criminalistics sub-faculty of the Volgograd State University
SEPARATE ISSUES OF QUALIFICATION AND INVESTIGATION OF CRIMES RELATED TO UNOFFICIAL DIGITAL ASSETS
This scientific article discusses the issues of qualification and investigation of crimes related to unofficial digital currencies. On the basis of statistics and analysis of judicial and investigative practice, the problems of application in this area are considered. The variety of available methods of committing crimes used in this area is shown.
Keywords: digital assets, financial system, cryptocurrency, digitalization, law enforcement, Rosfinmonitoring.
Reference bibliographic list:
1. Official website of the State Duma of the Russian Federation. [Electronic resource]. – Access mode: http://duma.gov.ru/multimedia/video/stream
2. Russkevich E. A., Malygin I. I. Crimes related to the circulation of cryptocurrencies: features of qualification // Law. Journal of the Higher School of Economics. 2021. No. 3.
3. Federal Law of July 31, 2020 No. 259-FZ “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation” // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: http://www.consultant.ru
4. Trubchaninov A. V. Peculiarities of initiating criminal cases on the facts of fraud in the field of vehicle insurance // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2017. No. 4. P. 106.
CRIMINAL LAW
SAKHUEV Magomed Jamaldinovich
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
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
FEATURES OF CRIMINAL LIABILITY OF MINORS UNDER THE LEGISLATION OF SOME FOREIGN STATES
The article presents a comprehensive comparative analysis of the issues of criminal liability of minors in the legislation of some
foreign countries. The social relations that arise in the process of applying the norms of criminal legislation of foreign countries to juvenile offenders are investigated.
Keywords: minor, crime, criminal liability, foreign legislation.
Reference bibliographic list
1. Candace Hopkins, “14-Year-Old Charged with Felony after Throwing Rocks at Police in Trump Rally,” KRQE 13 News, June 3, 2016.
2. Nicole Scialabba Should Juveniles Be Charged as Adults in the Criminal Justice System. – New York 2017.
3. Rose Hoban. Advocates Try Again to ‘Raise the Age. – N.C. Health News, Apr. 1. 2015.
4. Japan / The criminal responsibility of minors in the japanese legal system Guang-Xu Jin Dans Revue internationale de droit pénal 2017. – [Electronic resource]. – Mode of access: https://www.cairn.info/revueinternationale-de-droit-p%C3%A9nal-2004-1-page-409.htm?contenu=plan#s1n3.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
SHERSTYANYKH Alexandra Sergeevna
Ph.D. in technical sciences, associate professor, associate professor of Information and legal disciplines and special technique sub-faculty of the Siberian law Institute of the MIA of Russia
CRIMINAL LIABILITY FOR THE DESTRUCTION OR DAMAGE OF FOREST PLANTATIONS: ON THE ISSUE OF LEGISLATIVE REGULATION
The authors consider the validity of legislative novels under Article 261 of the Criminal Code of the Russian Federation. Their analysis from the perspective of qualification issues is presented. Proposals have been made to further improve criminal liability for the destruction or damage of forest plantations in order to effectively use the potential of criminal legislation in countering forest fires that occur not only in connection with arson, but also as a result of careless handling of fire or other sources of increased danger.
Keywords: criminal liability, crime, forest, fire, careless handling of fire, arson.
Reference bibliographic list
1. Forest fires in Russia. “Anti-records” and territories of distribution. [Electronic resource]. – Access mode: https://tass.ru/info/15559017. (Date of access: 11/18/2022).
2. Fires and fire safety in 2021: statistical compendium. Balashikha: FGBU VNIIPO EMERCOM of Russia, 2022. 114 p. [Electronic resource]. – Access mode: https://ptm01.ru/assets/images/biblioteka/Statistics/2021/VNIIPO/pozharyi-i-pozharnaya-bezopasnost-2021.pdf?ysclid=lbhge4vxvw 381727700. (Date of access: 10.12.2022).
3. The head of the Ministry of Natural Resources called 2021 a record year for the area of forest fires // kommersant.ru: news site. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5141922?ysclid=lbhge7sxx9878159012. (Accessed: 10.12.2022).
4. Rosleskhoz: in 2022, the efficiency of extinguishing forest fires in the first day exceeded 79% // Federal Forestry Agency: official website. [Electronic resource]. – Access mode: https://rosleshoz.gov.ru/news/2022-11-18/n10360. (Accessed: 10.12.2022).
5. On approval of the methodology for calculating the target indicators for the annual reduction in the area of forest fires on the lands of the forest fund for the constituent entities of the Russian Federation for the period up to 2030: Decree of the Government of the Russian Federation dated August 13, 2022 No. 1409. // ConsultantPlus.
6. On Amendments to the Code of Administrative Offenses of the Russian Federation: Federal Law No. 141-FZ of May 28, 2022 // ConsultantPlus.
7. The area of forest fires in Russia has decreased by almost three times // Rossiyskaya gazeta: news site. [Electronic resource]. – Access mode: https://rg.ru/2022/11/15/ogon-proshel.html (Date of access: 12/11/2022).
8. Judicial statistics data // Official website of the Judicial Department at the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79. (Date of access: 11/18/2022).
9. Judgment in case No. А45-8774/2021. – [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/GcvBXkbyWCxw/. (Date of access: 11/18/2022).
10. Stupina S. A. Separate questions of qualification of intentional destruction or damage to forest plantations // Epoch of Science. – 2020. – No. 22. – P. 76-80.
CRIMINAL LAW
BAGAMAEVA Jamilya Magomedalievna
Ph.D. in historical sciences, Deputy Director for SD of the branch of Dagestan State University in Izberbash
CRIMINAL LIABILITY FOR ENCROACHMENT ON THE LIFE OF A LAW ENFORCEMENT OFFICER
“Encroachment on the life of a law enforcement officer (Article 317 of the Criminal Code of the Russian Federation) is the only part in the chapter on crimes against the order of management that belongs to the category of especially serious crimes” [2, p . 58]. The analyzed legal norm establishes criminal liability for “encroachment on the life of a law enforcement officer, a serviceman, as well as their relatives, in order to obstruct the legitimate activities of these persons, to protect public order and ensure public safety, or out of revenge for such activities. In order to bring the perpetrator to criminal responsibility, it is necessary that as a result of a socially dangerous act committed by him, the victim suffered physical harm or material damage. In this case, a person may be recognized as a victim in a criminal case and only as a participant in criminal procedural activities.
Keywords: legal responsibility, criminogenic situation, encroachment on life, law enforcement officers.
Reference list
1. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on March 7, 2019) // Consultant Plus: reference and legal system. – [Electronic resource]. – Access mode: http://www.consultant.ru/
2. Abbasov F. N., Agaev G. A. Theoretical and law enforcement problems of qualification of encroachment on the life of a law enforcement officer // Bulletin of St. Petersburg Ministry of Internal Affairs of Russia. – 2010. – Issue 3 (47). – P. 58. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/
3. Statistical information of the GIAC of the Ministry of Internal Affairs of Russia (date of access: 03/11/2022).
4. Commentary on the Criminal Code of the Russian Federation (item-by-article) / Otv. ed. V. M. Lebedev, 13th edition, revised and enlarged. – M.: Yurayt, 2013. – 754 p. – [Electronic resource]. – Access mode: https://base.garant.ru/5809100/
5. Istomin A. F. Lopatkin D. A. Do the dispositions of articles 317-319 of the Criminal Code of the Russian Federation meet the goals and objectives of law enforcement // Modern Law. – No. 1. – 2013. – P. 25. – [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/onl.
6. Russian criminal law in 2 volumes. Volume 2 Special part. Ed. A. I. Raroga. – M., 2003. – 900 p. – [Electronic resource]. – Access mode: https://ipkiot.ru/doc/
7. Baglai Yu. V. Theoretical problems of competition of the offense under Art. 317 of the Criminal Code of the Russian Federation and related offenses // Legal Journal. – 2008. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/teoreticheskie-problemy-konkurentsii-sostava-prestupleniya-predusmotren.
8. Nafeev E. M. Competition of criminal law provisions Art. 105 and 317 of the Criminal Code of the Russian Federation // Legal Sciences. – 2019. – No. 17. – [Electronic resource]. – Access mode: https://superinf.ru/view_helpstud.php?id=2959.
CRIMINAL LAW
BIJAMOV Tazhutdin Tagirovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
ALIEV Abdulmalik Magomedovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
PREVENTION OF JUVENILE DELINQUENCY
The article is dedicated to the prevention of offenses among minors. The article examines the role of social institutions in the
prevention of offenses among adolescents. The author believes that the prevention of juvenile delinquency makes it possible
to fight crime at the lowest cost to society, since by reducing the level of juvenile delinquency, society also seeks to reduce
overall crime. The author comes to the conclusion that only an integrated approach based on the interaction of various sectors
of the state and society, the interaction of family and school and the relevant legislative framework can give positive results in
preventive work. Measures aimed at reducing cases of neglect among adolescents have been proposed. The article deals with
the problems of legal regulation of the activities of the juvenile affairs unit and the powers of the Commission for the prevention
of juvenile delinquency.
Keywords prevention: school, police, offenses, neglect, family of a minor, inspector.
Reference bibliographic list
1. Zanina T. M., Butova M. V. On the issue of the competence of the internal affairs bodies (police) to prevent and
suppression of administrative offenses of minors // Administrative law and process.
– 2020. – No. 10. – S. 22-25.
2. Nevsky S. A. Activities of the internal affairs bodies for the prevention of juvenile delinquency
// Problems of development of juvenile justice: interaction of federal and regional levels. –
Orekhovo-Zuevo, 2009. – P. 82.
3. Shaykova M.V. Activities of commissions for minors and protection of their rights (on the example of the municipality of Kursk) // Municipal service: legal issues. – 2020. – No. 2. – S. 23-27.
CRIMINAL PROCESS
BONDAR Maria Mikhaylovna
senior lecturer of Criminal process 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
LUGINETS Elvira Failjevna
Ph.D. in Law, associate professor, associate professor of Criminal process 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
MAIN TRENDS IN MODERNIZATION OF LEGISLATION REGULATION OF THE INSTITUTE OF CIVIL ACTION IN CRIMINAL PROCEEDINGS
The article is devoted to the consideration of problematic aspects in the implementation of a civil claim in a criminal process. Based on the analysis of law enforcement practice and statistical data on the implementation of civil lawsuits in the framework of criminal proceedings, the authors identified the main directions for the modernization of criminal procedure legislation, suggested some ways to improve the norms of criminal procedure law in order to most effectively implement the rights of victims to file a civil lawsuit in a criminal case and its resolution.
Keywords: civil action, criminal justice, civil plaintiff, victim, harm caused by the crime.
Reference bibliographic list
1. Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2021 of the Judicial Department under the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item (date of access: 11/20/2022).
2. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (adopted by the Resolution of the UN General Assembly of November 29, 1985. – [Electronic resource]. – Access mode: ATP “ConsultantPlus”.
3. Foinitsky I. Ya. The course of criminal proceedings. T. 1 / under the general. edited by A. V. Smirnov. – St. Petersburg: Alfa, 1996. – 552 p.
4. Kolokolov N. A. Civil lawsuit in a criminal case – “ice” and “flame” in one bottle // Justice of the Peace. – 2021. – No. 5. – P. 9-15.
5. Golovko L.V. Civil lawsuit in criminal cases // Law. – 2020. – No. 11. – S. 28-30.
CRIMINAL PROCESS
GADZHIEV Arsen Sulaybanovich
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
PARTICIPATION OF SUBJECTS ON THE PART OF THE PROSECUTION IN CRIMINAL PROCEDURAL PROOF
The article is devoted to the study of the key aspects of the participation of subjects on the part of the prosecution in criminal procedural proof. The analysis of the legal, informational and methodological base of the activities of the prosecution parties is presented. All the subjects on the part of the prosecution are characterized. It should be noted that proving in criminal cases consists in obtaining information that is relevant to the materials of the criminal case. Only as a result of proof, the authorized person can comprehensively, fully and in a timely manner establish the circumstances to be proved in a specific criminal case.
Keywords: participants, subjects, prosecutor, head of the investigative body, investigator, victim, status, powers.
Reference bibliographic list
1. Agutin A. V. Worldview ideas in criminal procedure proof: Abstract of the thesis. dis. … doc. legal Sciences. – Nizhny Novgorod, 2005. – P. 28.
2. Alekseev SV Criminal law. – M.: Phoenix, 2018. – 416 p.
3. Isaenko VN Methodology for maintaining public prosecution. – M., 2011. – S. 151.
4. Chigrin D. A. Public prosecution in the Russian criminal process: problems of formation and maintenance: a comparative legal study: Avtoref. dis. … cand. legal Sciences. – M., 2018. – S. 38.
CRIMINAL PROCESS
ZIMNEVA Svetlana Viktorovna
Ph.D. in Law, associate professor of the Tyumen State University
AVDEEV Kirill Olegovich
magister student of the Institute of State and Law of the Tyumen State University
PERSPECTIVES OF THE USAGE OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS
In this article, the authors consider the issue of the perspectives for using “electronic evidence” in criminal prosecution and expediency of identifying them as a new type of evidence in Article 74 of the Code of Criminal Procedure of the Russian Federation in connection with its identification through the prism of essential features and specific features of limited types of evidence that allow separate them one from another.
In order to comprehensively consider this issue, the authors conduct an interdisciplinary analysis, referring to the rules of arbitration and civil procedural law, to establish a mechanism for the provision and use of evidence on electronic form by participants in the process and their status relative to other types of evidence.
Moreover, the authors, in the course of considering the designated issue, identified several problems related to the qualification of types of evidence in criminal proceedings. These problems include: the low level of mobility and adaptability of criminal procedure law in matters of highlighting new types of evidence against the backdrop of rapidly developing technological progress and the general pace of development of modern society and approaches to fixing information, the limitation of the existing list of evidence in criminal proceedings compared to some other procedural branches of law and the problem of legal uncertainty of classifying physical form of electronic information as material evidence or other documents.
Keywords: evidence, electronic evidence, physical form, electronic form, characteristics of evidence, new evidence, assessment of evidence, specialist.
Reference bibliographic list
1. Alexandrov A. S., Kuvychkov S. I. On the reliability of “electronic evidence” in criminal proceedings // Forensic Library. Science Magazine. 2013. No. 5 (10). pp. 76-84.
2. Baranov A. M. Electronic evidence: the illusion of the criminal process of the XXI century. // Criminal Justice. 2019. No. 13. P. 64.
3. Gareeva E. R., Tuvalbaeva R. I. Participation of a specialist in the seizure of electronic media // Alley of Science. 2017. V. 4. No. 9. S. 744-747.
CRIMINAL PROCESS
ZOLOTUKHIN Nikolay Alexandrovich
senior lecturer of Criminal process sub-faculty of the V. Ya. Kikotya Moscow University of the MIA of Russia
ON THE ISSUE OF ABUSE OF THE RIGHT BY PARTICIPANTS IN CRIMINAL PROCEEDINGS, WHEN FAMILIARIZING THEMSELVES WITH THE MATERIALS OF A CRIMINAL CASE
The article discusses some possible options for the abuse of the right by the defense side, which are allowed when familiarizing themselves with the materials of the criminal case. Examples of judicial and investigative practice are given, which made it possible to touch not only the legal, but also the moral aspects of the considered procedural actions. It is noted that the construction of “abuse of the right” is not disclosed in the criminal procedural legislation. The author considers the essence and content of the abuse of law in the criminal process, projected on the principle of good faith, and puts forward proposals aimed at eliminating such abuses
Keywords: defendant, defender, familiarization, materials of the criminal case, term, delay, criminal procedural legislation, process; Criminal Procedure Code, pre-trial proceedings, abuse, law
Reference bibliographic list
1. Nasonova I. A. Acquaintance with the materials of a criminal case as a means of criminal procedural protection // BEREGINYA. 777. OWL. 2010. No. 4. P. 138.
2. Explanatory Dictionary of S.I. Ozhegov. [Electronic resource]. Access mode:// https://slovarozhegova.ru
CRIMINAL PROCESS
ISAEVA Regina Miniyarovna
Ph.D. in Law, associate professor, Head of the Research and Information Center of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
GUSAK Vladimir Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOME ASPECTS OF THE INTERROGATION OF AN EMPLOYEE OF DOG TRAINING UNITS WHO USED A POLICE DOG TO SOLVE A CRIME
The article reflects the results of the study regarding the circumstances to be reflected in the protocol of interrogation of an employee of the cynological unit who used a service dog to solve a crime as part of an investigative action. The authors believe that such an employee should be interrogated as a specialist, but in compliance with the rules established for the interrogation of a witness. The record of the interrogation should reflect information about the suitability of the employee as a specialist, the suitability of a service dog, the circumstances of the search and detection of targets, as well as other information.
Keywords: interrogation, cynological unit employee, crime detection, use of a police dog, some aspects.
Reference bibliographic list
1. Gurdin S. V. Participation of a cynologist at the pre-trial stages of the criminal process: author. dis. … cand. legal Sciences. – M., 2001. – 23 p.
2. Denisova, L. Yu. dis. … cand. legal Sciences. – M., 2010. – 25 p.
CRIMINAL PROCESS
KAIRGALIEV Daniyar Vulkairevich
Ph.D. in biological sciences, associate professor, expert of the LLC “Expert Technologies and Product Certification”
EREMIN Sergey Germanovich
Ph.D. in Law, professor, professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
Mogutin Roman Ivanovich
Ph.D. in Law, associate professor, associate professor of the Volgograd Institute of Management, branch of the RANEPA under the President of the Russian Federation
GASOLINE AS AN OBJECT OF JUDICIAL EXAMINATION IN CRIMINAL PROCEEDINGS
The physical and chemical properties of gasolines, which act as material evidence in the investigation of the circumstances of arson, fires, explosions, etc., occupy a central place in the article. The authors draw the attention of the law enforcer to the varieties of motor fuel, which have differences in composition and inspected characteristics, reveal the possibility of using forensically significant grounds for a qualified investigation and legal proceedings.
Keywords: forensics, gasoline, classes, types, fuel characteristics, use of special knowledge
Reference bibliographic list
1. Stepanenko D. A. On the correlation between the category of the situation of the commission of a crime and boundary concepts: Far Eastern Forensic Readings. – Vladivostok, 1997. – P. 65.
2. Kulikov V. I. Some issues of studying the situation of crimes in the initial period of investigation // Problems of intensification of activities for the investigation of crimes: interuniversity. Sat. scientific works. – Sverdlovsk, 1987. – P. 46.
3. Bruevich M. Yu., Bruevich D. E. The situation of the commission of a crime as an element of the forensic characteristics of the intentional destruction or damage to another’s property committed by arson // Actual problems of criminal law policy in the modern world. – 2015. – No. 3 (28). – S. 78.
4. Automobile gasolines. Production methods, composition, properties // Application of capillary gas chromatography in the study of gasolines. – M., 1981.
5. Melnikov I. N., Raigorodsky V. M. Application of the TLC method for the study of objects of forensic examination. – Saratov, 2007.
6. Gudzenko Yu. V., Kayrgaliev D. V., Melnikov I. N., Orlov F. P. Forensic investigation of detergent additives of light oil products and fuels and lubricants: textbook. allowance. – Saratov: SUI of the Ministry of Internal Affairs of Russia, 2009. – 128 p.
7. Khrustalev VN, Raigorodsky VM Forensic investigation of substances, materials and products: a course of lectures. – St. Petersburg, 2005.
8. Khrustalev VN, Soklakova NA Forensic investigation of substances, materials and products: textbook. allowance. – M.: Justice, 2020. – 732 p.
9. Ivakhnyuk S. G., Kazakova N. V. New instrumental methods that contribute to the identification of persons who committed arson // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 2 (57). – S. 36.
10. Bychkov VV Investigation of intentional destruction or damage to another’s property committed by arson: textbook. allowance. – Chelyabinsk: Chelyabinsk Law Institute of the Ministry of Internal Affairs of Russia, 2015. – P. 52.
CRIMINAL PROCESS
KELAREV Arkadiy Vyacheslavovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise the Humanitarian Institute of Peter the Great
KHAYRUSOV Denis Sergeevich
Ph.D. on Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise the Humanitarian Institute of Peter the Great
MODERN PROBLEMS OF EXPERT RESEARCH IN CRIMINAL PROCEEDINGS
Expert opinion plays an increasingly important role in criminal proceedings, due to the growing specialization and technologization of human society. The current problems of proper training of an expert, selection and appointment of an expert, extension of the rights of the party in the appointment of expertise, digitalization as a way of documenting expert research are considered.
Keywords: expert opinion, expert examination, expert research, expert qualification, register of forensic experts.
Reference bibliographic list
1. Branovitsky K. L., Renz I. G. Can an expert be trusted? Or a few words about the quality assurance of forensic expertise (comparative legal analysis) // Law. – 2019. – No. 10. – P. 43-54.
2. Mishin A. V., Mazurenko P. N. Problems of distinguishing between an expert error and a knowingly false expert opinion // VEPS. – 2018. – No. 1. – P. 104-106.
3. Rossinskaya E. R. Actual problems of training forensic experts and additional education in individual expert specialties // Theory and Practice of Forensic Expertise. – 2018. – T. 13. – No. 3. – S. 78-85.
4. Khrustalev VN What vector of development of the Russian academic training of forensic experts determines the new educational standard in the specialty 40.05.03 “forensic examination”? // Theory and practice of improving the legal, scientific, methodological and informational foundations for the use of special knowledge in legal proceedings: Materials of the All-Russia. scientific-practical. conf. with international participation, Ufa, November 19, 2020 / Ed. ed. F. G. Aminev. Ufa: Bashkir State University. un-t, 2020. – S. 141-150.
5. Appeal decision of the Lagansky District Court No. 10-1/2020 dated January 30, 2020 in case No. 10-1/2020. – [Electronic resource]. – Access mode: https: //sudact.ru/regular/doc/3IN7BmHCHgYX/ (date of access: 30.101.2022).
6. Abravitova Yu. I., Lipsky N. A., Khairusov D. S. Ecological expertise in the system of measures to ensure environmental safety // Eurasian legal journal. – 2022. – No. 9 (172). – S. 262-264.
CRIMINAL PROCESS
POPOVA Liliya Nailovna
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
FEATURES OF VIDEO CONFERENCING APPLICATION WHEN EXTENDING THE TERM OF A PREVENTIVE MEASURE IN THE FORM OF HOUSE ARREST
The article considers the situation of extending the term of a preventive measure in the form of house arrest when the accused is located remotely from the place of preliminary investigation. The situation of remote execution by the accused of the preventive measure in question caused the need to analyze the effectiveness of the interaction of the preliminary investigation and the criminal executive inspection. The possible method of organizing the delivery of the accused is considered, as well as a mechanism for ensuring procedural requirements for extending the term is proposed.
Keywords: remote execution, extension of the term of the preventive measure, videoconference, delivery of the accused, equality before the court, adversarial, organization of delivery, decision on the petition.
Reference bibliographic list
1. Sokolova A. V. Regulatory and legal framework for the use of videoconferencing systems // Bulletin of the Tomsk Institute for Advanced Studies of Workers of the Federal Penitentiary Service of Russia. – 2019. – No. 2 (2). – S. 60-63.
2. Vagin O. A. The use of information technology in justice (necessity, possibility and limits of admissibility) // Journal of constitutional justice. – 2019. – No. 5 (71). – P. 21-29.
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, associate professor, Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
KADYKOV Dmitry Alexandrovich
lecturer of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
THE CONTENT AND ORIENTATION OF THE CRIMINAL PROCEDURE POLICY OF THE RUSSIAN FEDERATION IN THE CONTEXT OF MODERN THREATS AND CHALLENGES
Modern threats and challenges against the Russian Federation can create problems in the implementation of criminal procedural activities of law enforcement agencies. Identification and assessment of challenges, threats and ensuring national security are one of the strategic priorities of the Russian Federation. The article discusses the prospects for the development of the criminal procedure policy of the state for a long period in a difficult foreign policy situation. The development of criminal procedure policy is impossible without the improvement of criminal procedure legislation.
Keywords: criminal procedure law, criminal procedure policy, criminal prosecution, modern challenges and threats, sanctions, national security.
Reference bibliographic list
1. Kirillova N. P., Smirnova I. G. The main scripts of modern criminal procedure policy // All-Russian journal of criminology. – 2018. – No. 12 (1). – S. 116-127.
2. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation”.
3. Mits D.S. Criminal procedure update // Education and law. – 2020. – No. 5. – P. 266.
4. Gorohova S. S. Security as a legal category // Modern lawyer. – 2016. – No. 4 (17). – P. 8-14.
5. Patrushev N.P. Features of modern challenges and threats to the national security of Russia // Journal of Russian law. – 2007. – No. 7 (127). – P. 3-12.
6. Esakov G. A., Dolotov R. O., Filatova M. A., Redchits M. A., Stepanov P. P., Tsai K. A. Criminal policy: road map (2017-2025). – M., 2017. – S. 50.
7. Kabelkov S. N. The effectiveness of the use of criminal procedure institutions in the criminal law policy of Russia in the field of ensuring national security (problem setting) // Legal Concept. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/effektivnost-ispolzovaniya-ugolovno-protsessualnyh-institutov-v-ugolovno-pravovoy-politike-rossii-v-oblasti-obespecheniya (date of access: 11/21/2022).
8. Decree of the President of the Russian Federation dated May 13, 2017 No. 208 “On the Strategy for the Economic Security of the Russian Federation for the period up to 2030”// Collected Legislation of the Russian Federation dated May 15, 2017 No. 20 Art. 2902.
CRIMINAL PROCESS
SHUGAIBOVA SaidaS hugaibovna
Ph.D. in Law, associate professor of Economics, law and general education disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
BIJAMOV Tazhutdin Tagirovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
FORMS OF USING SPECIAL PSYCHOLOGICAL KNOWLEDGE IN CRIMINAL PROCEEDINGS IN CASES INVOLVING MINORS
The article examines some procedural and criminalistic features of the participation of a psychologist in the production of such an investigative action as the interrogation of a minor. The work is devoted to the application of knowledge of adolescent psychology in the work of an investigator at the stage of preliminary investigation in criminal cases. The paper also focuses on the psychological features of the interrogation of minors and juvenile participants in the criminal process, provides examples of the successful use of the help of specialists, psychologists and teachers in the production of this most psychologized investigative action. In addition, the author examines the tactical features of interrogation in conflict situations, when the interrogated persons oppose the investigation or refuse to testify, and also for various reasons lie during interrogation.
Keywords: forensic tactics, interrogation tactics, interrogation of minors, tactics of interrogation of minors, participation of a teacher during interrogation, participation of a psychologist during interrogation, juvenile delinquency.
Reference bibliographic list
1. Kiryanina I. A. Topical issues of tactics of interrogation of juvenile participants in the criminal process
// Legal state: theory and practice. – 2014. – No. 4 (38). – S. 133.
2. Tetyuev S. V. The use of pedagogical and psychological knowledge in criminal proceedings involving minors / Ed. Doctor of Law, Prof. A. V. Kudryavtseva.
CRIMINAL PROCESS
FETISHCHEVA Lidiya Mikhaylovna
Ph.D. in Law, associate professor senior lecturer of Public law sub-faculty of the Extrabudgetary Education of the Perm Institute of the FPS of Russia
TUROVSKAYA Yana Dmitrievna
cadet of the 3rd course of the Perm Institute of the FPS of Russia
THE MAIN PROVISIONS OF THE SEARCH AS AN INVESTIGATIVE ACTION AND REGIME MEASURE IN THE INSTITUTIONS OF THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION
The article discusses the main provisions of the search, both an investigative action and a regime event in the institutions of the penal system. A comparative analysis of the search is carried out, similarities and differences are indicated during the search as a regime event and as an investigative action. Special attention is paid to the normative, procedural and organizational aspects of this event, which is extremely important for the effective fight against crime in the territory of the bodies and institutions of the penal system.
Keywords: search, penitentiary system (UIS), investigative actions, regime event, convicts.
Reference bibliographic list
1. Germoni K. A. Actual problems of search as a means of preventing offenses and crimes in places of isolation // Olympiad of students in federal state educational organizations of the Ministry of Justice of the Russian Federation and the federal penitentiary service: a collection of scientific works of students and cadets of the Samara Law Institute of the Federal Penitentiary Service of Russia. Samara, 2021, p. 40.
2. Ermakov P. N. To the question of the concept of search in Russian legislation // Studies of young scientists. Proceedings of the XIV International Scientific Conference. Kazan, 2020. S. 33-34.
3. Kelemetova Z. M. Search as an investigative action: problems of practice and theory // Colloquium-journal. 2019. No. 25-9 (49). pp. 41-42.
4. Kovalev O. G., Shcherbakov N. A. Organizational and legal features of the search and seizure in a correctional institution // Stolypinskiy vestnik. 2021. V. 3. No. 2. S. 17-722.
5. Kozlovsky S. N. Legal aspects of searches and searches in penitentiary institutions // Penitentiary system today: interaction of science and practice: materials of the All-Russian scientific and practical conference. Managing editor A. G. Chirikov. 2018. S. 28-30.
6. Milokumova I. G. Search as an independent investigative action // Time of Science: collection of scientific papers of the I International Scientific and Practical Conference. 2019. S. 123-128.
7. Mikheeva S. V. Problematic issues in the organization of search activities in correctional institutions // Penitentiary security: national traditions and foreign experience: materials of the All-Russian scientific and practical conference with international participation. Samara, 2022, pp. 158-160.
8. Ramazanov BM Tactics of preparing and conducting a search // Problems of improving legislation: a collection of scientific articles by students of the Faculty of Law. Makhachkala, 2019. S. 254-257.
CRIMINAL AND EXECUTIVE LAW
BELOVA Ekaterina Yurjevna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Pskov branch of the Academy of the FPS of Russia
BELOV Vladislav Ivanovich
Ph.D. in Law, associate professor of Law enforcement, criminal law and process sub-faculty of the Pskov State University
ON THE ISSUE OF THE TRANSFER OF CONVICTS TO FORCED LABOR UNDER ESCORT (PART 3 OF ARTICLE 60.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article notes that when a person is sentenced to forced labor, there are cases of him being escorted to the place of serving his sentence, i.e. to correctional centers. The legislative regulation of this process is provided for by the Penal Enforcement Code of the Russian Federation in part 3 of Article 60.2. However, in practice, employees of the Federal Penitentiary Service of Russia face some difficulties. The article examines the activities of departments specials for escorting the penal enforcement system of Russia when transferring convicts to forced labor.
Keywords: penal enforcement system, penal enforcement legislation, convict, forced labor, transfer of convicts, escort of convicts, correctional centers.
Reference bibliographic list
1. Collection. legislation Ros. Federation. – 2011. – No. 50. – Art. 7362.
2. Grushin F. V., Kozachenko B. P., Belova E. Yu. Some problems of legal regulation of the execution and serving of a criminal sentence in the form of forced labor // Eurasian Law Journal. – 2020. – No. 5 (144). – S. 292-296.
3. Lyadov E. V., Grushin F. V. Criminal punishment in the form of forced labor: legal regulation of appointment and execution / Ed. E. V. Lyadova: textbook. – Ryazan, IP Konyakhin A.V. (Book Jet), 2021. – 138 p.
4. The concept of development of the penitentiary system of the Russian Federation for the period until 2030: Decree of the Government of Ros. Federation of April 29, 2021 No. 1138-r // Collection. legislation Ros. Federation. – 2021. – No. 20. – Art. 3397.
5. Brief description of the penitentiary system of the Russian Federation // Official website of the Federal Penitentiary Service. – [Electronic resource]. – Access mode: http://www.fsin.gov.ru (date of access: 11/30/2022).
6. Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for the 1st half of 2022 // Official website of the Judicial Department under the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru (date of access: 11/30/2022).
7. On the results of the activities of correctional centers in 2021: letter of the Federal Penitentiary Service of Russia dated February 26, 2022 No. ref-03-11934.
8. On the results of official activities for escorting in 2021 and measures to improve it: letter of the Federal Penitentiary Service of Russia dated March 29, 2022, No. ref. 08-19841.
9. See, for example, Letter No. ref.-52/TO/12-12832 of the Federal Penitentiary Service of Russia for the Murmansk Region dated October 27, 2022 (convicts arrived under escort: in 2019 – 1, 2020 – 1, 2021 – 4 , 9 months 2022 – 1); pis UFSIN of Russia in the Republic of Komi dated November 2, 2022 No. ref.-12 / TO / 22-23995 (convicts arrived under escort: for 2019 – 2, 2020 – 4, 2021 – 0, 9 months of 2022 – 10), letter of the Federal Penitentiary Service of Russia for the Arkhangelsk Region dated November 10, 2022 No. ref-29 / TO / 29-14932 (convicts arrived under escort: in 2017 – 3, 2018 – 3, 2019 – 1, 2020 – 1, 9 months 2022 – 19).
10. See, for example, Letter No. ref.-65/TO/67/4-25zhn dated November 1, 2022 from the FKU UK UFSIN of Russia for St. Petersburg and the Leningrad Region; letter of the Federal Penitentiary Service of Russia for the Novgorod Region dated November 1, 2022 No. ref.-54 / TO / 34-10230; letter of the Federal Penitentiary Service of Russia for the Republic of Karelia dated November 1, 2022 No. ref.-11 / TO / 18-10507.
11. Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 11/30/2022).
12. On approval of the procedure for sending convicts to the place of serving forced labor and their transfer for further serving their sentence from one correctional center to another: order of the Ministry of Justice of Russia dated September 24, 2020 No. 220 // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 11/30/2022).
13. On the judicial practice of parole from serving a sentence, replacing the unserved part of the punishment with a milder type of punishment: Resolution of the Plenum of the Supreme Court Ros. Federation dated April 21, 2009 No. 8 // Ros. gas. 2009. – 29 Apr.
CRIMINAL AND EXECUTIVE LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Public law sub-faculty of the Institute of Law of the Samara State University of Economics
GOLUBTSOVA Kseniya Ivanovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF PUBLIC CONTROL OVER THE PROVISION OF HUMAN RIGHTS IN CORRECTIONAL CENTERS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
The article analyzes the issues of public control over the provision of human rights in correctional centers of the Federal Penitentiary Service of Russia. The legislator, in Article 23 of the Penal Enforcement Code of the Russian Federation, establishes the right of public associations to participate in the exercise of public control over ensuring human rights, as well as the assistance of public associations in the work of institutions and bodies executing punishments. However, there is already a contradiction hidden in the wording itself, which detracts from the meaning and significance of public control, therefore there is a need to change the legislative wording “assist” to the most appropriate and concretizing in terms of the powers of public associations in the sphere of control over the activities of institutions and bodies executing punishment – “participate”.
Keywords: penal enforcement system, correctional center, public control, supervisory commissions, convict.
Reference bibliographic list
1. On the basics of public control in the Russian Federation: federal law of July 21, 2014 No. 212-FZ // Official Internet portal of legal information (www.pravo.gov.ru) (date of access: 10.10.2022).
2. On public control over ensuring human rights in places of detention and on assistance to persons in places of detention: federal law of June 10, 2008 No. 76-FZ // Official Internet portal of legal information (www.pravo.gov. ru) (date of access: 10.10.2022).
3. Rodionov G. A. The concept of public control over ensuring the rights of those sentenced to imprisonment [Electronic resource] // Alley of Science. – 2020. – T. 1. – No. 9 (48). – S. 409-412.
4. Materials of the research work FKOU VO SUI FSIN of Russia ref. 37-294 dated 01/28/2022 // [Unpublished material].
CRIMINAL AND EXECUTIVE LAW
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia
THE PERSONALITY OF THE SUPERVISED PERSON AS A SUBJECT OF THE STUDY FOR CHOOSING THE OPTIMAL FORMS OF THE PREVENTIVE WORK
At present, one of the main problems of the modern state of the crime is the commission of crimes by people who have been released from the prison and, also, the administrative supervision that has been established against them. Each case of such a crime under the circumstances is the vivid indicator of the problems that can arise in the implementation of the important goals of the execution of the criminal punishment by means of the correcting the convicted person and the preventing crimes. Each supervised person, as well as any other person, is the individual, and the study of the personality of the supervised person will make it possible to apply the optimal forms of the preventive work to him, thereby excluding the commission of the new illegal acts.
Keywords: the administrative supervision, the supervised person, the previously convicted person, the crime, the prevention, the convicted person, the personality.
Reference bibliographic list
1. Federal Law “On Administrative Supervision of Persons Released from Places of Deprivation of Liberty” dated April 6, 2011 No. 64-FZ (last edition). [Electronic resource]. Access from the reference legal system “ConsultantPlus” (date of access: 11/21/2022).
2. Order of the Ministry of Internal Affairs of Russia dated July 8, 2011 No. 818 (as amended on May 30, 2022) “On the procedure for supervising persons released from places of deprivation of liberty.” [Electronic resource]. Access from the reference legal system “ConsultantPlus” (date of access: 11/21/2022).
3. Statistics of the Judicial Department at the Supreme Court of the Russian Federation. Summary statistics on the status of convictions for 2021. [Electronic resource]. – Access mode: https://www.cdep.ru/index.php?id=79&item=6121 (date of access: 12/01/2022).
4. Statistics of the Judicial Department at the Supreme Court of the Russian Federation. Summary statistics on the status of a criminal record for the 1st half of 2022. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7069 (date of access: 12/01/2022).
5. Website Pravo.ru. There are fewer recidivists in the Russian Federation. [Electronic resource]. – Access mode: https://pravo.ru/news/240437/ (date of access: 12/01/2022).
6. Gorodnyanskaya VV Post-penitentiary relapse: Monograph / Under scientific. ed. V. A. Utkina. M.: Yurlitinform, 2012. S. 146.
7. Federal Law No. 144-FZ of 12.08.1995 “On Investigative Activities” (last edition). [Electronic resource]. Access from the reference legal system “ConsultantPlus” (date of access: 11/21/2022).
8. Preventive activities of the district police commissioner for the implementation of individual preventive work with accountable persons and the maintenance of relevant documentation: Methodological recommendations. M., 2012, 12 p.
9. Artemyev A. S., Ponkratov V. A. The implementation of the preventive function of administrative supervision // Man: crime and punishment. 2014. No. 2 (85). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osuschestvlenie-predupreditelnoy-funktsii-administrativnogo-nadzora (date of access: 11/21/2022).
CRIMINAL AND EXECUTIVE LAW
MAGOMEDOVA Mariya Rasulovna
senior lecturer of the branch of Dagestan State University in Izberbash
CORRECTIONAL INSTITUTIONS OF RUSSIA: PROBLEMS AND SOLUTIONS
The article considers issues related to the formation of the Russian penitentiary system, the structure, tasks and principles of the activities of the penitentiary system, analyzes the current state of the system of correctional institutions in Russia.
The penitentiary system is a state institution that is in charge of the execution of criminal penalties imposed on citizens in accordance with the law. The unified penitentiary system of Russia is understood as the whole set of institutions, bodies that directly execute criminal penalties and implement other measures of criminal law influence, and a complex of bodies and organizations that ensure and facilitate the execution of criminal penalties.
Keywords: penitentiary system, penitentiary system, correctional institutions, law and order, legality, humanism, protection of individual rights, correction of the convict.
Reference bibliographic list
1. Coyle E. A human rights approach to prison management. – London, 2002. – S. 15.
2. Penal Code of the Russian Federation of 08.01.1997 No. 1-FZ. (as amended by the federal law of December 21, 2021).
3. Federal Service for the Execution of Punishments. Brief description of the penitentiary system. – [Electronic resource]. – Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/ (date of access: 03/14/2022).
4. Moscow. September 22, 2017. INTERFAX.RU. – [Electronic resource]. – Access mode: https://www.interfax.ru/russia/580174.
5. Charitable foundation for helping convicts and their families “Seated Rus”. – [Electronic resource]. – Access mode: https://advstreet.ru/article/fsin-ne-zhelaet-videt-advokatov/
6. Report of the Commissioner for Human Rights in the Russian Federation for 2020. – [Electronic resource]. – Access Mode: https://ombudsmanrf.org/content/doclad2020.
7. The concept of development of the penitentiary system of the Russian Federation for the period up to 2030: approved. thrust. Government of Ros. Federation dated April 29, 2021 No. 1138-r.
CRIMINAL AND EXECUTIVE LAW
USHAKOV Roman Vadimovich
lecturer of Fire training sub-faculty of the Faculty of Law of the Academy of the FPS of Russia
COMPARATIVE LEGAL ANALYSIS OF THE LEGITIMATE INTERESTS OF PERSONS SENTENCED TO IMPRISONMENT IN THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION
The study of the legal phenomenon “the legitimate interests of those sentenced to imprisonment” is provided by an aggregate combination of both general scientific and spsocial legal methods of scientific knowledge, including the method of legal comparison. A consistent study and comparison of the studied category with similar institutions of foreign countries will allow us to identify its advantages and disadvantages. At the same time, such work should be aimed at finding and understanding the possibility of infiltrating positive legal experience into the national legal field, as well as borrowing the positive aspects of its application.
The creation of the Eurasian Economic Union (hereinafter referred to as the EAEU) has led to the need for consistent consideration of the legislation of the participating countries in various legal spheres, including in the field of execution of criminal penalties. The harmonization of the penal enforcement legislation of the EAEU countries will make both penitentiary practice and the execution of alternative punishments more promising and effective.
Keywords: legitimate interests, countries of the Eurasian Economic Union, harmonization of penal legislation.
Reference bibliographic list
1. Gorban D. V. Legal regulation of the residence of convicts outside correctional institutions: dis. … cand. legal Sciences. Ryazan, 2014. 225 p.
2. Kashuba Yu. A. Harmonization of penitentiary legislation as a basis for interaction between penitentiary systems of the countries of the Eurasian Economic Union // In the collection: 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 criminal -executive system of Russia and the 85th anniversary of the Academy of the Federal Penitentiary Service of Russia): in 10 volumes. Ryazan, 2019. P. 70-72.
3. Skakov A. B. On the assessment of the behavior of convicts deprived of their liberty // Criminal Executive Law. 2018. V. 13. No. 2. S. 116-123.
4. Smirnov I. A. Criteria for the correction of positively characterized convicts according to the legislation of the CIS countries (Russia, Kazakhstan, Belarus) // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. 2019. No. 3. S. 134-142.
5. Sturova M. P., Pervozvansky V. B. Pedagogical bases of professional activity of employees of correctional institutions: method. Benefit. M: NII FSIN of Russia, 2005. 123 p.
6. Finaeva A. G. Resocialization potential of the convict’s family // ISOM. 2012. No. 4. S. 175-176.
7. Yanchuk I. A. On the use of assessing the degree of correction of those sentenced to deprivation of liberty in the process of differentiation and individualization // Bulletin of the Institute: crime, punishment, correction. 2016. No. 1 (33). pp. 50-53.
CRIMINALISTICS
VESYOLIN Vasiliy Vladimirovich
senior lecturer of Criminalistic techniques sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities of the Volgograd Academy of the MIA of Russia
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
POSSIBLE WAYS TO IMPROVE THE WORK OF THE FORENSIC DEPARTMENT OF THE TERRITORIAL BODY OF INTERNAL AFFAIRS
The article deals with a number of problematic issues related to the organization of the work of forensic divisions of the territorial internal affairs bodies. The quality of technical and forensic support for inspections of incident sites, as well as the effectiveness of the use of technical and forensic tools and methods for the purpose of detecting and investigating crimes, is analyzed. Some problematic issues related to the organization of work of forensic subdivisions of the territorial level have been identified and possible options for their solution have been proposed.
Keywords: forensic subdivision, technical and forensic support, inspection of the scene, detection, fixation and removal of traces, statistical reporting.
Reference bibliographic list
1. Veselin VV, Skvortsov DV Some problematic issues of improving the efficiency of the forensic department of the territorial internal affairs body // Technical and forensic support for the disclosure and investigation of crimes. – 2019. – Issue. 5. – P. 7.
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
PRODUCTION OF FORENSIC EXAMINATIONS IN THE INVESTIGATION OF CRIMES INVOLVING THE UNLAWFUL CONVERSION OF CIVILIAN WEAPONS
The article deals with the issues of forensic examinations in the course of investigation of crimes related to illegal conversion of civilian weapons. The author provides examples of questions that the person conducting the enquiry or investigation may put on the expert’s permission when appointing an expert examination. The specifics of certain types of forensic expertise, appointed during the investigation of criminal cases of this category are considered.
Keywords: illegal alteration of civilian weapons, special knowledge, forensic expertise, forensic ballistic exanaming, complex expertise.
Reference bibliographic list
1. Vinnitsky L. V., Melnik S. L. Expert initiative in criminal proceedings. – M .: Publishing house “Exam”, 2009. – P. 175.
2. Dvoryanov I. B. Investigative inspection of a modified firearm and traces of its use // Bulletin of the North Caucasian Humanitarian Institute. – 2017. – No. 3 (23).
3. Dvoryanov I. B. Methods of investigating the illegal alteration of civilian weapons: dis. … cand. legal Sciences: 12.00.12. – M., 2019. – 245 p.
4. Efimenko VV Investigation of theft of firearms, ammunition, explosives and explosive devices (based on the investigation and prosecutorial practice of the military prosecutor’s office of the Far Eastern Military District): dis. … cand. legal Sciences: 12.00.09. – Vladivostok, 2002.
5. Zherdev P. A. The initial stage of the investigation of crimes related to the forgery or destruction of the vehicle identification number for the purpose of operation or sale: dis. …. cand. legal Sciences: 12.00.12. – Khabarovsk, 2014. – P. 130.
6. Zyryanov V. V. Problems of forensic weapons science: dis. …. cand. legal Sciences: 12.00.09. – Krasnoyarsk, 1998. – S. 130.
7. Kolmakov V.P. Forensic methods of investigation and prevention of crimes against life: dis. … doc. legal Sciences: 12.00.09. – Kharkov, 1962.
8. Komarinets B. M. Forensic ballistic examination: teaching aid. T. 1. – M., 1974.
9. Latyshov I. V. Theoretical and methodological foundations of forensic research of non-factory assembly firearms: author. dis. … cand. legal Sciences: 12.00.09. – Volgograd, 1997.
10. Ustinov S. N., Strukov V. M. Restoration of destroyed relief images on metals, polymers and wood // Expert practice. – 1989. – No. 27. – P. 61.
CRIMINALISTICS
MINKINA Ekaterina Sergeevna
lecturer of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
THE ESSENCE AND CONTENT OF THE CRIMINALISTIC CHARACTERISTICS OF CRIMES COMMITED BY ORGANIZED CRIMINAL GROUPS FOR THE PURPOSE OF STEALING CITIZENS PROPERTY
This article discusses some issues that reveal the essence and content of the elements that represent the criminalistic characteristics of crimes related to an armed attack with the purpose of stealing property of citizens committed by organized criminal groups in the conditions of modern digital transformations of society and global globalization. The article analyzes the current criminal legislation, the novelties of the criminal law in the aspect of considering the forms of encroachments on property.
Keywords: crimes, armed attack, robbery, theft of property, organized criminal group, use of violence, responsibility, criminal law.
Reference bibliographic list
1. On the national development goals of the Russian Federation for the period up to 2030: Decree of the President of the Russian Federation (dated July 21, 2020 No. 474) // Collected Legislation of the Russian Federation dated May 14, 2018 – No. 20. – Art. 2817.
2. GIAC of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://xn--b1aew.xn p1ai/mvd/structure1/Centri/Glavnij_informacionno_analiticheskij_cen (date of access: 06/21/2022).
3. Criminal law. Special part. In 2 volumes. Volume 1: textbook for academic undergraduate studies / Ed. ed. I. A. Podroikina, E. V. Seregina, S. I. Ulezko. – 4th ed. revised and additional – Moscow: YURIGHT, 2018. – 373 p.
4. Forensic methodology for investigating certain types of crimes: textbook: in 2 hours / ed. A. P. Rezvan, M. V. Subbotina. M., 2002. Part 1. – P. 11.
5. Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery” (subject to amendments made by the Decree of the Plenum of the Supreme Court of the Russian Federation of May 16, 2017 No. 17) // Russian newspaper of January 18, 2003, No. 9 (special issue).
CRIMINALISTICS
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
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
KADYKOV Dmitry Alexandrovich
lecturer 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 interrogation of a witness and a suspect during the investigation of a crime related to illicit trafficking of narcotic drugs and psychotropic substances in a penitentiary institution of the Russian penal system. Specific tactics and recommendations for the interrogation of a witness and a suspect during the investigation of a crime related to drug trafficking in a correctional facility are proposed.
Keywords: witness, suspect, interrogation, tactical technique, recommendation, narcotic drugs, psychotropic substances, penitentiary institution.
Reference bibliographic list
1. [Electronic resource]. – Access mode: http: //www. stat. api-press.rf.
2. Surin V. V., Filippov M. N., Fomin Yu. S. Production of initial investigative actions in correctional institutions of the Federal Penitentiary Service of Russia. – Perm: FKOU VPO Perm Institute of the Federal Penitentiary Service of Russia, 2014. – 126 p.
CRIMINALISTICS
CHERMENEVA Svetlana Sergeevna
senior lecturer of Organization of investigative work sub-faculty of the Volgograd Academy of the MIA of Russia
THE SPECIFICITY OF THE INVESTIGATION OF CRIMES COMMITTED IN THE SPHERE OF HOUSING AND UTILITIES IN THE CONDITIONS OF COUNTERACTION TO THE INVESTIGATION
In the article, the author examines the highlighted specifics of the investigation inherent in crimes committed in the field of housing and communal services in the conditions of counteraction, related to the personality of the subjects committing crimes in this area, as well as in the problematic areas of the organization before the investigative check and the organization of prevention of counteraction at its stage. The author has developed a recommendation for implementation into practical activity effective for overcoming the considered specific problems of investigation.
Keywords: housing and communal services, conflict, situation, investigation, communication, investigator, encroachment, counteraction.
Reference bibliographic list:
1. Kelm S. I. Problems of housing and communal services as a cause of social tension and crime // Continuity and innovations in legal science: materials of Vseros. scientific conf. adjuncts, graduate students and applicants. – Omsk, 2020. – Issue. 16. – S. 35-37
2. Chaplygina A.D. Features of the practice of investigating crimes in the sphere of housing and communal services in the Oryol region. — Text: direct // Young scientist. – 2021. – No. 28 (370). — S. 125-127. – [Electronic resource]. – Access mode: https://moluch.ru/archive/370/83206/ (date of access: 10/12/2022)
3. Yanchurkin O. V., Mamatov V. G. — On the practice of investigating crimes committed in the sphere of housing and communal services // Legal Studies. – 2017. – No. 2. – P. 51-59. DOI: 10.7256/2409-7136.2017.2.16637 [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=16637 (accessed 10/12/2022)
CRIMINALISTICS
FIRSOV Gennadiy Vitaljevich
lecturer of Document research sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities of the Volgograd Academy of the MIA of Russia
GENERAL TRENDS IN THE DEVELOPMENT OF THE CLASSIFICATION OF TASKS OF FORENSIC HANDWRITING EXAMINATION
The article discusses the trends in the development of the classification of tasks of forensic handwriting expertise. It is shown that the modern classification of tasks in forensic handwriting expertise should be based on the current theoretical provisions of handwriting, as well as the practice of conducting examinations of this type. The author also substantiates the actual variant of differentiation of the tasks of forensic handwriting examination.
Keywords: diagnostics, identification, classification of tasks, development trends, criminology, handwriting.
Reference bibliographic list
1. Burinsky E.F. Forensic examination of documents, its production and use. – St. Petersburg. – M., 1903.
2. Koldin V. Ya. Identification and its role in establishing the truth in criminal cases. – M.: Ed. Moscow State University, 1969. – 149 p.
3. Dictionary of the main terms of forensic examinations. – M.: VNIISE, 1980. – 92 p.
4. Belkin R. S., Vinberg A. I. Criminalistics. general theoretical problems. – M.: Yurid. lit., 1973. – 264 p.
5. Sedykh-Bondarenko Yu. P. Forensic non-identification examination. – M., 1973.
6. Korukhov Yu. G. Trace diagnostics: Method. allowance. – M., 1983.
7. Vinberg A. I., Malakhovskaya N. T. Judicial expertology. General theoretical and methodological problems of forensic experts. – Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1979. – 183 p.
8. Granovsky G. L. The concept and main provisions of the general theory of solving forensic problems // Current state and prospects for the development of traditional types of forensic examination: Sat. scientific tr. VNIISE. – M., 1987.
9. Vinberg AI Identification, diagnostic and situational forensic expertise // Soviet state and law. – M., 1978. – No. 9.
10. Puchkova T. M. Classification of tasks of forensic examination in the light of differentiation and integration of special knowledge // Abstracts of scientific reports at the theoretical seminar – forensic readings. – M., 1978. – Issue. 24.
11. Puchkova T. M. Essence and classification of tasks in forensic examinations // Theoretical and practical issues of forensic examination. Collection of scientific Proceedings of VNIISE. – Issue. 38. – M., 1979.
12. CuprIyanova AA Theoretical foundations and methods of forensic handwriting diagnostic research. The dissertation of the candidate of legal sciences. – M., 1982.
13. Orlova VF Forensic handwriting diagnostics: textbook. allowance for university students. – M.: UNITI-DANA: Law and Law, 2006. – 162 p.
14. Handwriting and handwriting expertise: textbook / Ed. V. V. Seregina. – 3rd ed., Rev. and additional – Volgograd: VA Ministry of Internal Affairs of Russia, 2017. – 352 p.
15. Seregin V.V. Possibilities of forensic handwriting diagnostics of properties of manuscript executors. Abstract cand. dis. – M., 1983. – 24 p.
16. Bobovkin M. V., Solovieva N. A. On the systematization of diagnostic tasks of forensic handwriting examination // Forensic examination. – 2013. – No. 3 (35). – P. 26–31.
CRIMINOLOGY
AGJABEKOV Marat Vakhidovich
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
ABDULKADIROVA Khadizhat Dalgatovna
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
FEATURES OF CORRUPTION AMONG TAX OFFICIALS
The article provides a comprehensive analysis of malfeasance committed by employees of the tax authorities, their causes are identified, and possible methods of counteraction are developed. Official crime of tax officers is a negative phenomenon for the fiscal service of the Russian Federation. This problem occurs in the economic and social spheres of society and poses a threat to the financial and economic stability of our state. In view of this, identifying the causes and counteracting malfeasance in the fiscal service is one of the tasks to counter malfeasance
Keywords: malfeasance, corruption, fight strategy, causes, prevention
Reference bibliographic list
1. Portal of legal statistics: General Prosecutor’s Office Ros. Federation. [Electronic resource]. – Access mode: http://crimestat.ru/offenses_chart (date of access: 10/28/2022)
2. Gurzhiy T.A. Corruption as a Phenomenon of World Globalization // Actual Problems of Economics and Law. – 2014. – No. 1 (29). – S. 24-31.
3. Kim E. P., Kiselev E. A. Causes and conditions that give rise to malfeasance // Official crimes: issues of theory and practice of law enforcement: collection of materials of the International Scientific and Practical Conference, Khabarovsk, May 17, 2018 / Ed. . T. B. Basova, K. A. Volkova. – Khabarovsk, 2018. – S. 65-69.
4. Solovyov I.N. On the qualification of tax crimes // Tax Bulletin. – 2018. – No. 11. – P. 120-122.
5. Tsaneva A. N. Tax crime: determination and prevention: dis. … cand. legal Sciences. – Krasnodar, 2001. – P. 29
CRIMINOLOGY
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
KOVAL Mikhail Ivanovich
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of Public Servants of the Academy of the FPS of Russia
THE CURRENT STATE AND DIRECTIONS OF COUNTERING CYBERCRIME IN RUSSIA
In this article, the author notes the existence of a global problem of all mankind – cybercrime. The author notes that with the development of scientific and technological progress, a new and dangerous threat to people around the world has appeared. This type of crime has changed due to advanced scientific ideas and achievements. This article attempts to reveal the concept, signs, causes and conditions of cybercrime. The author analyzes the legislative framework, reveals gaps in the prevention of cybercrime. In conclusion, the author proposed ways to combat cybercrime.
Keywords: cybercrime, Internet, information technology, social networks, anonymity, latency.
Reference bibliographic list
1. Kovalev O. G., Semenova N. V. Cybersecurity of modern Russia: theoretical and organizational and legal aspects // Stolypinskiy vestnik. – 2021. – No. 1. – P. 10-16.
2. Kuvshinova V. S. Criminological characteristics of cybercrime // International Journal of the Humanities and Natural Sciences. – 2020. – No. 4. – P. 53-57.
3. Kulikov Yu. G., Medvedev S. S. Criminological problems of combating cybercrime // Otechestvennaya jurisprudence. – 2019. – No. 1. – P. 10-12.
4. Trofimova D. N. Cybercrime in the Russian Federation: ways of prevention // Young scientist. – 2020. – No. 15 (305). – S. 259-261.
5. Uzdenov R.M. New frontiers of cybercrime // All-Russian journal of criminology. – 2016. – No. 4. – P. 649-655.
Bibliographic references
1. Kovalev O. G., Semenova N. V. Cybersecurity of modern Russia: theoretical and organizational and legal aspects // Stolypinsky Bulletin. – 2021. – No. 1. – Pp. 10-16.
2. Kuvshinova V. S. Criminological characteristics of cybercrime // International Journal of Humanities and Natural Sciences. – 2020. – No. 4. – Pp. 53-57.
3. Kulikov Yu. G., Medvedev S.S. Criminological problems of combating cybercrime // Domestic jurisprudence. – 2019. – No. 1. – Pp. 10-12.
4. Trofimova D. N. Cybercrime in the Russian Federation: ways of prevention // Young scientist. – 2020. – No. 15 (305). – P.p. 259-261.
5. Uzdenov R. M. New frontiers of cybercrime // All-Russian Journal of Criminology. – 2016. – No. 4. – Pp. 649-655.
CRIMINOLOGY
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
MAGOMEDOV Magomedarip Magomedovich
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
CRIMINOLOGICAL PROBLEMS OF COMBATING PROFESSIONAL CRIME OF PERSONS
The need to create a much more effective model for the prevention of a negative social phenomenon in the form of criminal professionalism requires the study of the characteristics of the state of criminality of persons serving sentences in places of deprivation of liberty, which is largely determined by the characteristics of criminal behavior of “thieves in law” and “authorities” of the criminal world.
Special studies have shown that criminal activity is the main source of existence for professional criminals. A common problem is that there is no accurate data reflecting the volume of professional crime, which makes it difficult to develop ways to counter this type of crime.
Keywords: professional crime, authorities of criminal structures, the main source of existence, prevention.
Reference bibliographic list
1. Brief description of the state of crime in the Russian Federation for January 2021 // Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: https://mvd.ru/folder/101762/item/7207988/?print=1 (date of access: 03/16/2021).
2. Pisarev V. B. Resocialization of those released from punishment // Legitimacy. – 1997. – No. 2. – P. 85.
3. Materials of criminal cases from the archive of the Kirovsky District Court of Makhachkala.
4. Criminology. Textbook / Ed. V. P. Salnikova. – St. Petersburg: Lan: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2011. – P. 142.
5. Dancheva S. N. Professional crime in modern Russia // Official. – 2007. – No. 5 (51). – S. 48.
SAFETY AND LAW
BALAEVA Jamilya Borisovna
Ph.D. in Law, senior lecturer in Internal affairs management in special conditions sub-faculty of the Center for Command and Staff Exercises of the Academy of Management of the MIA of Russia, lieutenant colonel
THREATS TO THE NATIONAL SECURITY OF THE RUSSIAN FEDERATION AND DIRECTIONS FOR THEIR NEUTRALIZATION IN THE LIGHT OF NATIONAL SECURITY STRATEGIES
The article presents a comparative analysis of the National Security Strategy 2015 and 2021. The changes are caused by the global processes that took place in the world. The emergence of new threats, the aggravation of the confrontation of some states required a change in national security policy. The revision of the National Security Strategy made it possible to develop a more relevant document that was focused on ensuring epidemiological, informational and nuclear security. The purpose of this study is to identify the main differences and assess new threats to national security. The implementation of the National Security Strategy will improve the level of national security of the state as a whole, as well as its individual components. Particular attention is paid to improving the efficiency of the information security system, as there is an increase in the number of cybercrimes. In turn, the emergence of new types of threats requires the development of new tools to combat and transform the activities of state bodies in the field of ensuring national security.
Keywords: national security, strategy, threats, terrorism, information security, cyber attacks, state.
Reference bibliographic list
1. Federal Law No. 149-FZ dated July 27, 2006 “On information, information technologies and information protection” (last edition).
2. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation”.
3. Decree of the President of the Russian Federation of December 5, 2016 No. 646 “On Approval of the Information Security Doctrine of the Russian Federation”.
4. Plekhanov S. M. Information security as a priority of national security // Young scientist. – 2022. – No. 24 (419). – S. 261-263.
5. New social reality: system-forming factors, security and development prospects. Russia in the techno-social space: a collective monograph. – M.; SPb. Nestor-History, 2020. – P. 16.
6. Los L. V. Information security in the system of national security of the Russian Federation // Issues of Russian and international law. – 2019. – Volume 9. – No. 3A. – S. 159-170.
SAFETY AND LAW
VOYKOVA Natalya Andreevna
Ph.D. in Law, associate professor of the RANEPA under the President of the Russian Federation
ANALYSIS AND MANAGEMENT OF CERTAIN RISKS OF FRAUD IN THE FIELD OF PERSONAL DATA PROTECTION
The author considers the main directions for the development of security in the cyber information environment and defines conclusions, according to which, in particular, we can talk about minimizing the risk of personal data leakage from organizations that are endowed with the right to process, store , work with personal data of customers; on the need to start developing a state program for teaching the population computer and information literacy.
Keywords: personal data, fraud, personal data protection.
Reference bibliographic list
1. S. Cha and K. Yeh, “A Data-Driven Security Risk Assessment Scheme for Personal Data Protection,” in IEEE Access, vol. 6, pp. 50510-50517, 2018, doi: 10.1109/ACCESS.2018.2868726.
2. Henry Pearce, “Big data and the reform of the European data protection framework: an overview of potential concerns associated with proposals for risk management-based approaches to the concept of personal data”, Information & Communications Technology Law, Volume 26, Issue 3 (2017)
3. Federal Law No. 152-FZ of July 27, 2006 (as amended on December 30, 2020) “On Personal Data”, Rossiyskaya Gazeta, No. 165, July 29, 2006
4. Regulation No. 2016/679 of the European Parliament and of the Council of the European Union on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)” Official Journal of the European Union N L 119. 04.05.2016. P. 1. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/
5. Sberbank does not yet have the technology for 100% protection of savings when using biometrics. [Electronic resource]. – Access mode: https://www.finanz.ru/novosti/aktsii/sberbank-poka-ne-imeet-tekhnologii-po-100percent-zashchite-sberezheniy-pri-ispolzovanii-biometrii-1028719505
6. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ // “Collected Legislation of the Russian Federation”, 07.01.2002, No. 1 (part 1), art. 1.
7. Decree of the Government of the Russian Federation of 01.11.2012 No. 1119 “On approval of requirements for the protection of personal data during their processing in personal data information systems” // “Collected Legislation of the Russian Federation”, 05.11.2012, No. 45, art. 6257
8. Dudin M. N., Zasko V. N., Frolova E. E., Pavlova N. G., Rusakova E. P. Mitigation of cyber risks in the field of electronic payments: organizational and legal measures // Journal of Advanced Research in Law and Economics. 2018 Vol. 9. No. 1. P. 78-88.
SAFETY AND LAW
LONSHCHAKOVA Angella Rashitovna
Ph.D. in Law, associate professor, associate professor of Operational and investigative activities of the internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
FACTORS DETERMINING THE FEATURES OF ENSURING INFORMATION SECURITY AT INDIVIDUAL INFRASTRUCTURE FACILITIES (FEATURES OF INTRODUCTION TO SECURE DEVELOPMENT)
The analysis of modern trends in the development of information products shows a rapidly growing dependence on the number of cyber incidents over time. At the same time, the vast majority of incidents are implemented due to vulnerabilities built into software tools. This article discusses the factors that determine the features of the introduction to secure development, ensuring information security at individual infrastructure facilities. The implementation of the concept of secure development, taking into account the factors that determine its features, will improve the security of information systems. The conclusion is substantiated that complex system mechanisms for countering cyber incidents are promising tools for their effective control.
Keywords: effective control, safe development, program security, vulnerabilities, a set of measures, cyber incidents, intersectoral system mechanisms for countering cyber threats.
Reference bibliographic list
1. Kharisova Z. I., Lonshchakova A. R. Ensuring the rights and freedoms of a citizen in the field of using digital financial assets // Eurasian Law Journal. – 2020. – No. 3 (142). −S. 167-168.
2. Kharisova Z. I., Fayzulova R. R., Dyusmekeyeva D. S. Modern threats to information security in the context of globalization of the information space // In the collection: Actual problems of cybersecurity in the Internet. Collection of scientific works of the All-Russian Conference. −2020. −S. 163-165.
3. Lonshchakova A. R. The possibility of identifying forensically significant information in the analysis of response to cyber incidents. Eurasian Law Journal. – 2021. – No. 2. – P. 338-339.
4. Lonshchakova A. R., Lonshchakova P. A., Lonshchakova A. A. Analysis of individual cyber incidents. An integrated approach to protection against insider threats // Eurasian Law Journal. – 2021. – No. 11 (162). −S. 402-404.
SAFETY AND LAW
TRUNOV Igor Leonidovich
Ph.D. in economic sciences, Ph.D. in Law, professor, Chairman of the Executive Committee of the Union of Food Industry, President of the Union of Lawyers of Russia
“FOOD IS A WEAPON”. FOOD SECURITY OF RUSSIA
Food security in today’s realities has turned out to be extremely important, so much so that people’s lives and health, national security and sovereignty of the country, tranquility and social peace in society can be at risk. There are no hopes that the market will settle all the problems of the food industry anywhere in the world. Everywhere there is indirectly state, often not direct, but strict regulation and planning through a system of quality control, preferential lending, subsidization, state programs for the development of food science and its implementation.
Keywords: national security, food security of Russia, food industry market, sanctions, sovereignty of the country.
Reference bibliographic list
1. Simon Maxwell. Food Security: A Postmodern Perspective // Food Policy. 1996. 21(2). S. 157.
2. [Electronic resource]. – Access mode: https://www.castellum.ai/russia-sanctions-dashboard
3. [Electronic resource]. – Access mode: Read more at RBC: https://www.rbc.ru/economics/07/10/2022/633e94809a79475aa5d84f00
4. Human rights and unilateral coercive measures, Report of the UN Secretary-General, A/HRC/4/61, 24 January 2007
5. The UN Secretary General promises to help the victims of the floods in the DPRK. BBC Russian service (August 15, 2007). Retrieved September 20, 2008. Archived from the original on September 7, 2014.
6. Statement of the State Duma of the Russian Federation, 5th convocation of 04/02/2008 “In memory of the victims of the famine of the 30s on the territory of the USSR.”
7. UN – Geneva Conventions and Protocols to them. [Electronic resource]. – Mode of access: https://www.un.org/en/humanitarian/law/geneva.shtml
8. Address of the President of the Russian Federation dated February 16, 1995 “On the effectiveness of state power in Russia.”
9. Answers of the Secretary of the Security Council of the Russian Federation I. S. Ivanov to the questions of the participants of the Internet conference dedicated to the 15th anniversary of the formation of the Security Council of the Russian Federation. [Electronic resource]. – Access mode: www.scrf.gov.ru
10. Moskovsky Komsomolets dated 11/15/2022 – Nabiullina announced the need for structural restructuring of the Russian economy. [Electronic resource]. – Access mode: https://www.mk.ru/economics/2022/11/15/nabiullina-zayavila-o-neobkhodimosti-strukturnoy-perestroyki-ekonomiki-rossii.html
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
LEGAL ASPECTS OF THE INCLUSION OF PENITENTIARY FACILITIES AND THEIR ADJACENT TERRITORIES IN THE FEDERAL CONCEPT OF “SAFE CITY”
This article discusses the legal and organizational aspects of the inclusion of objects of the penal enforcement system in the information base of the “Safe City” software package. The possibilities of the main areas of control and regulation of incoming information to ensure the security of adjacent territories of the bodies and institutions of the penitentiary system are analyzed.
Keywords: objects of the penal enforcement system automated software package, video surveillance and video recording system, information processing and analysis center, identification and facial recognition.
Reference bibliographic list
1. Gusenkova A. A. Application of video surveillance systems and automated systems of biometric identification of a person in the production of portrait examinations and research (on the example of the hardware-software complex “Safe City”) // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 85-90.
STATE AND LAW
ABRAMOV Nikita Romanov
student of the Institute of History and Public Administration of the Ufa University of Science and Technology
NAFIKOV Ilshat Rinatovich
magister student of the Institute of History and Public Administration of the Ufa University of Science and Technology
USMANOV Niyaz Salavatovich
magister student of the Institute of History and Public Administration of the Ufa University of Science and Technology
FAYZULIN Alfred Rafisovich
magister student of the Institute of History and Public Administration of the Ufa University of Science and Technology
SOCIO-ECONOMIC SECURITY OF THE LEGAL SPACE OF RUSSIA
Modern conditions of economic management and social life are characterized by growing economic, social and political tensions throughout the world. Such conditions for the functioning of public systems actualize the issues of social and economic security within the framework of national security and the sustainability of national economic systems. The object of the study is the public system within the framework of national security and the sustainability of socio-economic systems. The subject of the study is socio-economic systems as an integral element of national social systems. The purpose of the study is to reveal the content of the category of socio–economic security in the legal space of Russia. The objectives of the research are the theoretical analysis of scientifically – based sources of the subject area of research. The results of the study consist in revealing the content of the security of socio-economic systems from the position of protecting national interests within the national and international legal space.
Keywords: social security, economic security, national security, law, economic system, sustainability.
Reference bibliographic list
1. Feldstein M., Liebman J. B. Social security // Handbook of public economics. – 2002. – T. 4. – S. 2245-2324. DOI: 10.1016/S1573-4420(02)80011-8.
2. Diamond P. Social security // American Economic Review. – 2004. – T. 94. – No. 1. – S. 1-24. DOI: 10.1257/000282804322970670.
3. Social Security Administration, Office of Policy, Office of Research. Fast Facts and Figures About Social Security 2013. – Government Printing Office, 2013.
4. Kahler M. Economic security in an era of globalization: definition and provision // The Pacific Review. – 2004. – T. 17. – No. 4. – S. 485-502. DOI: 10.1080/0951274042000326032.
5. Mikrina V. G. International legal mechanisms for protecting the labor rights of domestic workers // Eurasian Law Journal. – 2018. – No. 3 (118). – S. 118-122.
6. Khanaliev N. U. National security priorities of Russia in the Greater Middle East // Power. – 2017. – T. 25. – No. 9. – S. 143-152.
7. Khanaliev N. U. Greater Middle East. Challenges and threats to Russia’s national security. – Moscow: Russian New University, 2018. – 247 p.
STATE AND LAW
BEVZYUK Polina Igorevna
Ph.D. in Law, associate professor, Head of Theory and history of law and state sub-faculty of the Humanities Institute of the Russian New University, Moscow
KORNILOV Alexey Radionovich
Ph.D. in Law, associate professor, associate professor of Theory of law and administrative and legal disciplines sub-faculty of the S. A. Yesenin Ryazan State University, professor of Theory and history of law and state sub-faculty of the Humanities Institute of the Russian New University, Moscow
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, senior lecturer of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
PUBLIC EXPERTISE AS A FORM OF PUBLIC CONTROL
The article examines the issues of the implementation and development of the institution of public control in the state, analyzes its importance for ensuring the rights and freedoms of the individual. Public control is positioned as one of the most important democratic instruments in a state governed by the rule of law, the introduction of a modern mechanism for the implementation of which and proper legal regulation contribute to the political, economic and social stabilization of the state and society. Special attention is paid to public expertise as a form of public control, which has a very contradictory and uncertain nature.
Keywords: rule of law, civil society, public control, public chamber, public expertise.
Reference bibliographic list
1. Federal Law No. 212-FZ of July 21, 2014 (as amended on December 27, 2018) “On the Fundamentals of Public Control in the Russian Federation” // Rossiyskaya Gazeta. No. 163. 07/23/2014.
2. Kornilov A. R. Public examination of normative legal acts as a type of legal examination // Bulletin of the Russian New University. Series: Man and Society. 2019. No. 3. P.144-149.
3. Federal Law No. 32-FZ of April 4, 2005 (as amended on June 11, 2021) “On the Public Chamber of the Russian Federation” // Rossiyskaya Gazeta. No. 70. 04/07/2005.
4. “Regulations on the procedure for conducting a public examination” (approved by the decision of the Council of the Civic Chamber of the Russian Federation of May 15, 2008, protocol No. 4-C) (as amended on March 22, 2012)
5. Law of the USSR dated November 30, 1979 No. 1159-X “On People’s Control in the USSR”
6. Goncharov VV Legal regulation of the institution of public control: international and foreign experience // Actual problems of Russian law. 2019. No. 10 (107). pp. 155-169.
STATE AND LAW
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor, professor of State and legal disciplines sub-faculty of the Institute of Law of the Pacific State University, Khabarovsk
SHKURIN Alexander Vladimirovich
magister student of the Institute of Law of the Pacific State University, Khabarovsk
ON DISPOSITIVITY IN CRIMINAL LAW
The article attempts to consider the application of the principle of dispositivity in the criminal law of Russia.
Based on empirical material, the authors conclude that the principle of dispositivity can be used when it comes to mitigating circumstances in sentencing, the basis for which are imperative norms.
Keywords: state coercion, criminal prosecution, deal with justice, the principle of imperativeness, the principle of dispositivity, mitigating circumstances
Reference bibliographic list
1. Kolesnik V. V. The nature of the pre-trial agreement on cooperation from the standpoint of the contractual concept of “a deal on the recognition of charges and cooperation” // Nauka. Thought: electronic periodical. – 2015. – No. 10. – P. 36-48.
2. Obukhova S.S. Accounting for extenuating circumstances not specified in the law when sentencing // InSitu. – 2016. – No. 8. – P. 22.
STATE AND LAW
KORNILOV Alexey Radionovich
Ph.D. in Law, associate professor, associate professor of Theory of law and administrative and legal disciplines sub-faculty of the S. A. Yesenin Ryazan State University, associate professor of Theory and history of law and state sub-faculty of the Institute of Humanities of the Russian New University, Moscow
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, senior lecturer of Civil law and process sub-faculty of the Academy of the FPS of Russia
SOKOLOVA Elena Alexandrovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of the FPS of Russia
HRISTOFOROVA Elena Igorevna
Ph.D. in Law, associate professor, associate professor of Constitutional and municipal law sub-faculty of the S. A. Yesenin Ryazan State University
INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT: FORMATION AND ROLE IN THE MODERN WORLD
The article discusses the main stages of the formation and development of the International Committee of the Red Cross (ICRC), which became the founder of the international Red Cross movement as a whole. Currently, the International Red Cross and Red Crescent Movement units the ICRC and national Red Cross and Red Crescent societies in more than 190 countries. The authors reveal the issues of the formation and activity of the Russian Red Cross, as well as the content of the fundamental principles of the Red Cross movement: humanity, impartiality, neutrality, independence, voluntariness, unity, universality. According to the authors, the role of the International Committee of the Red Cross in the modern world is to act as a link between national Governments and the international community in order to prevent and alleviate human suffering, promote social well-being, and provide charitable and other humanitarian assistance to all those in need.
Keywords: international humanitarian law; International Committee of the Red Cross; Red Cross movement; Russian Red Cross; fundamental principles of activity.
Reference bibliographic list
1. Bachino-Astrada A. Rights and obligations of medical personnel in armed conflicts. M., 1999.
2. Bogatyreva O.N. Sustainable Humanitarian Impact as a Strategic Goal of the International Committee of the Red Cross // Electronic Supplement to the Russian Law Journal. 2020. No. 6. pp. 31-40.
3. Boissier P. International Red Cross and Red Crescent Movement // Teaching history at school. 1997. No. 3.
4. Bunyon F. International Committee of the Red Cross and the Soviet Union (1917-1991). M., 2000.
5. Gartinsky A.E. International Red Cross: questions and answers. M., 1991.
6. Humanity, voluntariness, universality // Fundamentals of life safety. 1998. No. 1.
7. Egorysheva I.V. New data from the history of the Red Cross in pre-revolutionary Russia // Soviet health care. 1981. No. 2.
8. Podshibyakin S.A. Legal status of international non-governmental organizations. Moscow: Yurlitinform, 2006.
9. Fifty years in the service of health and peace / Ed. N.I. Chikalenko M., 1973.
10. Sando I. Emblems of the Red Cross and Red Crescent // Legal protection of the emblems of the Red Cross and Red Crescent. M., 1995.
11. Filippov O.A., Babirova S.A. Problematic issues of determining the legal status of the International Committee of the Red Cross // Eurasian Law Journal 2019. No. 4 (131). pp. 36-38.
12. Flags of the Red Cross // Fundamentals of life safety. 2004. No. 2.
13. Bradley M. From armed conflict to urban violence: transformations in the International Committee of the Red Cross, international humanitarianism, and the laws of war // European Journal of International Relations. 2020. Vol. 26. No. 4. S. 1061-1083.
18. Palmieri D. Innovation, Technology, and Humanitarianism. The Example of the International Committee of the Red Cross // Human Rights and Technological Change. Wallstein Verlag, 2022, pp. 210-229.
STATE AND LAW
KLEVTSOV Maxim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
OLOVYANNIKOVA Alexandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
RAEVSKAYA Valeriya Andreevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
THE IMPACT OF THE GLOBALIZATION PROCESS ON POLITICAL AND LEGAL DOCTRINES IN RUSSIA
Since the beginning of this century, the process of globalization has covered literally all spheres of public life and continues to strengthen its importance. No wonder that the state-legal sphere has also not escaped the influence of this process.
The purpose of this article is to study the impact of globalization processes on the state and legal system of Russia at various levels. The study examines the conflict of values in law, legal culture and legal understanding. In addition, special attention is paid to the impact of globalization on the structure, system of law and legal practice.
Keywords: globalization, globalization processes, legal culture, legal system, legal understanding.
Reference bibliographic list
1. Baitin M. I. Essence of law (Modern normative legal understanding on the verge of two centuries). 2nd ed., add. – M., 2005. – S. 118, 147.
2. Nersesyants V. S. Processes of universalization of law and the state in a globalizing world // State and Law. – 2005. – No. 5. – S. 38-47.
3. Tales L. P. Globalization and its impact on modern Russian law // Scientific journal of KubGAU. – 2015. – No. 111. – P. 192-211.
4. Osavelyuk A. M. The Constitution of Russia in the context of globalization // Lex Russica. – 2018. – No. 12 (145). – S. 57-66.
5. Meyer J. W. Globalization: sources and effects on national states and societies // International sociology. – M., 2000. – Vol. 15(2). June. – P. 233-248.
MEDICAL LAW
TISHCHENKO Vladislav Valerjevich
senior lecturer of Theory of state and law sub-faculty of the V. F. Yakovlev Ural State Law University
LEGAL REGULATION OF HUMAN GENOME DATABASES IN THE RUSSIAN FEDERATION
Our society is not just called informational – information has long acquired the status of the main resource of development. The relevance of the research topic is justified by the rapid technological development, the increasing importance of genetic and genomic information. Genetic and genomic information is currently becoming an important resource, which can cause great damage if handled incorrectly. Modern genetic technologies, despite their obvious benefits, affect human rights and create difficulties. This article analyzes both the current regulatory legal acts concerning the formation and functioning of databases of genetic and genomic information in the Russian Federation, and the draft law on the creation of a National database of genetic Information being discussed in the State Duma of the Russian Federation .
Keywords: genome, genomic information, state genomic registration, genomic database, national database of genetic information.
Reference bibliographic list
1. Berg L. N. Methodological significance of the concept of “genomic information” in interdisciplinary studies of the human genome // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2021. V. 25. – No. 4. – S. 888-900.
2. Berg L. N., Golubtsov V. G. Directions of legal influence in the field of genomic research: Russian and international experience // Vestn. IC of the Perm University. Legal Sciences. – 2020. – Issue. 50. – S. 638-649.
3. Vladimirov V. Yu., Gorbulinskaya I. N., Kubitovich S. N. On the security of genomic information // Biosfera. – 2018. – T. 10. – No. 1. – S. 42-47.
4. Dubov A. B., Dyakov V. G. Security of genomic information: legal aspects of international and national regulation // Bulletin of the O. E. Kutafin University (MSUA). – 2019. – No. 4. – P. 127-137.
PEDAGOGY AND LAW
KAGIROVA Asiyat Khasbulaevna
Ph.D. in pedagogical sciences, lecturer of the branch of the Dagestan State University, in Izberbash
MODERN YOUTH ON CORRUPTION
The article examines the opinion of young people on corruption, analyzes the factors influencing the attitude of young people to this problem. Corruption is a term denoting the use by an official of his authority and the rights entrusted to him, as well as the authority, opportunities, and connections associated with this official status for personal gain, contrary to legislation and moral guidelines.
Keywords: corruption, youth, bribery, experience, fight against corruption, opinion.
Reference bibliographic list
1. Rumyantseva E. E. Anti-corruption mechanisms. – Moscow; Berlin: Direct Media, 2016. – 126 p.
2. Antonova N. A., Zaikovsky V. N. Implementation of measures to combat corruption within the boundaries of municipalities as a matter of local importance // State power and local self-government. – 2016. – No. 1. – S. 23-28.
3. Kondral D. P., Florya V. M., Shilova S. V. Fight against corruption in the system of higher education in Russia // Management Issues. – 2018. – No. 6. – P. 1-7 // Lan: electronic library system. – [Electronic resource]. – Access mode: https://e.lanbook.com/journal/issue/311435 .
4. Bilinskaya M. N., Moiseev V. V., Nitsevich V. F. Modern corruption: domestic specifics and foreign experience of counteraction; Ministry of Education and Science Ros. Federation, Orlov. region. acad. state services. – Eagle: ORAGS, 2017. – 438 p.
5. Polukarov A. V. Administrative and legal security of counteracting corruption in the social sphere. – Moscow: Nota Bene, 2017. – 445 p.
6. Kolmogorov A. F., Aksinenko E. A., Pasynkov E. V., Dokuchaev I. E. Corruption manifestations among youth and methods of combating them on the example of foreign countries // Young scientist. – 2021. – No. 21 (363). – S. 498-500. – [Electronic resource]. – Access mode: https://moluch.ru/archive/363/81297/ (date of access: 11/17/2022).
PEDAGOGY AND LAW
ABDULMUTALIMOVA Zamira Magomedovna
Ph.D. in political sciences, associate professor of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the Dagestan State Pedagogical University
SERKEROV Samur Elmirovich
Ph.D. in Law, associate professor of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the Dagestan State Pedagogical University
MIRZAYEVA Zeynab Zakirovna
senior lecturer of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the Dagestan State Pedagogical University
FEATURES OF COMPULSORY MEASURES OF EDUCATIONAL INFLUENCE APPLIED TO MINORS
This article reveals the features of compulsory measures of educational influence on minors. It is proposed to make adjustments to Article 90 of the Criminal Code of the Russian Federation for a more thorough impact on minors for educational and preventive purposes. The problems of medical examination of minors are revealed.
Keywords: minor, coercive measures, deviant behavior, correctional institutions, punishment.
Reference bibliographic list
1. “Criminal Code of the Russian Federation” (Criminal Code of the Russian Federation) dated June 13, 1996 No. 63-FZ (last edition). – [Electronic resource]. – Access mode: ConsultantPlus (date of access: 03/27/2022).
2. “Criminal Procedure Code of the Russian Federation” (CPC RF) dated December 18, 2001 No. 174-FZ (last edition). – [Electronic resource]. – Access mode: ConsultantPlus (date of access: 03/27/2022).
3. Dzhavadov D. M. The procedure for the application of coercive measures of educational influence when the criminal prosecution of minors is terminated // Alley of Science. – 2020. – Vol. 2. – No. 4 (43). – S. 504-510.
4. Didyk A. N. Causes and conditions of juvenile delinquency // Problems of science and education. – 2018. – No. 2 (14). – S. 68-69.
5. Mikhailova T. N. Coercive measures of educational influence: problems of implementation in practice // Actual problems of criminalistics and forensic examination: materials of the international scientific and practical conference. – Irkutsk, 2020. – S. 132-135.
PEDAGOGY AND LAW
MAKAEVA Guzal Zaynagievna
associate professor of Foreign languages sub-faculty of the Institute of Economics and Management of the Kazan State University of Architecture and Engineering
PERFORMANCE OF STUDENTS’ PERCEPTION OF LEGAL INFORMATION FROM EXTERNAL SOURCES
The relevance of the study is that students of universities, including law, in connection with the existing information overload, are not always able to subject the information received to critical analysis and evaluate it. The paper considers the issue of more effective receipt of information by students from outside and its further stable and reliable interpretation. The possibility of achieving the designated task is shown through the implementation of actions expressed by the verbs “listen” and “hear”, since the process of assimilation of information is often hampered only by familiarization, shallow assimilation of educational material due to inattentive, unconscious perception of information. The purpose of the work is an attempt to show the possibility of studying the material with its complete qualitative comprehension. Differences and methods of active listening are given. The results of the work can make a certain contribution to pedagogical science, to the theory and methodology of higher professional education.
Keywords: interpretation, assimilation, educational material, active listening, “listen”, “hear”.
Reference bibliographic list
1. Vakhrameeva V. V. Terms of the same name in the English sublanguages of science and technology: dis. … cand. philol. Sciences: 10.02.04. – Omsk, 2003. – 143 p.
2. Grinev-Grinevich S. V. Terminology. – M.: Academy, 2008. – 304 p.
3. Kerber E. V. Linguistic features of German-speaking economic terminology: monograph / Nauch. ed. L. K. Kondratyukova; Ministry of Education and Science of Russia, OmSTU. – Omsk: Publishing House of OmGTU, 2013. – 148 p.
4. Makaev Kh. F., Sakaeva L. R., Yakhin M. A., Makaeva G. Z., Gulkanyan M. K. Word formation in the field of physics and its impact on common vocabulary // 5th International Interdisciplinary Scientific Conference in the social sciences and arts. – SGEM. Vol. 5. Issue 36. – 2018. – C. 711-718.
5. Makaeva G. Z., Makaev Kh. F., Merzlyakova L. Kh. Emphasis in general professional legal terms of the English language with-ee at the end of a word // Eurasian Law Journal. – 2021. – No. 12 (163). – S. 484-485.
6. Novodranova VF Terminological explosion in the 90s of the XX century. // Scientific and technical terminology. – M., 2000. – S. 68.
7. Reformatsky A. A. What is term and terminology (1959/1961) [Text] / A. A. Reformatsky // History of Russian terminology. Classics of terminology: essay and reader. – M .: Moskovsky face, 1994. – S. 299-314.
8. Smirnova M. I. Negative impact of information overload on the information culture of students of universities of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2022. – No. 8 (171). – S. 448-450.
9. [Electronic resource]. – Access mode: https://www.englishdom.com/blog/v-chem-raznica-mezhdu-hear-i-listen/
PEDAGOGY AND LAW
POPOV Igor Vadimovich
Ph.D. in pedagogical sciences, Deputy Head of Management and information and technical support of the activities of the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF CONDUCTING VIRTUAL LABORATORY WORKSHOPS IN SPECIAL DISCIPLINES WITHIN THE FRAMEWORK OF INDEPENDENT WORK IN DEPARTMENTAL EDUCATIONAL ORGANIZATIONS OF THE PENAL SYSTEM
In modern Russian society, creative, independent professional activity of an individual becomes the main resource for his optimal development. Independent work plays a special role in the formation of a modern specialist, especially in the training of undergraduates and correspondence students who have a certain professional experience. The article discusses the theoretical aspects of this problem and presents practical recommendations for the use of information technology in teaching special disciplines. Special attention is paid to the information and technical support of the educational process – the use of virtual laboratory work is proposed as one of the active learning tools that have a great impact on the quality of professional training. The use of computer modeling in the educational process of a departmental university opens up new opportunities and allows improving the quality of training of employees for the penal system.
Keywords: interactive learning, special equipment, independent work, information technology, virtual learning tools, digitalization, digital transformation.
Reference bibliographic list
1. On the Concept for the development of the penitentiary system of the Russian Federation until 2030: raspor. Government of Ros. Federation dated April 29, 2021 No. 1138-r. Access from ATP “ConsultantPlus”.
2. Fedyaeva T. V., Fedyaev Yu. S., Vezirov T. G., Moiseenko A. A. The use of 3D models in the educational process of a modern school // Innovative technologies in education. – 2020. – No. 1 (3). – S. 144-148.
3. Bondar M. A. The use of 3D-modeling in the software package “Models of special equipment of the penitentiary system” in the training of cadets in the departmental specialization “Operative-investigative activity” // Bulletin of the penitentiary system. – 2021. – No. 12. – P. 34-37.
PEDAGOGY AND LAW
KAGIROVA Asiyat Khasbulaevna
Ph.D. in pedagogical sciences, lecturer of the branch of the Dagestan State University, in Izberbash
THE PECULIARITY OF THE PROCESS OF INTEGRATING INFORMATION AND COMMUNICATION TECHNOLOGIES INTO THE EDUCATIONAL PROCESS
Global changes in the world community lead to changes in the content and organization of teacher education. It acquires a pronounced innovative orientation, which is closely related to changes in the methodological and technological component of the training of modern specialists. The development of higher education today is associated with the potential of the latest teaching aids, and one of the most important conditions for improving the quality of professional education is its informatization.
Keywords: modern education, informatization of society, the formation of an information and communication environment, the integration process, motivation, professional activity.
Reference bibliographic list
1. Bezrukova V. S. Pedagogical integration: essence, composition, implementation mechanisms // Integration processes in pedagogical theory and practice: Sat. scientific tr. – Sverdlovsk: SIPI, 1990.
2. Borodich T. G. Integration in education. – [Electronic resource]. – Access mode: http://research-journal.org/featured/pedagogy/integraciya-v-obrazovanii/
3. Popova G. G. An integrative approach to the content of education as a factor influencing the process of forming professional interests among students of vocational schools. – [Electronic resource]. – Access Mode: http://www.emissia.org/offline/2010/1432.htm.
4. Adamko M. A. Integrative approach in the context of solving problems of competence-based learning. – [Electronic resource]. – Access mode: http://festival.1september.ru/articles/595604/
5. Alekberova I. E. An integrative approach in education as one of the main components of personality development. – [Electronic resource]. – Access mode: http://sociosphera.com/publication/conference/2013/178/integrativnyj_podhod_v_obrazovanii_kak_odna_iz_osnovnyh_sostavlyayuwih_razvitiya_lichnosti/
POLITICS AND LAW
BONDARENKO Alexander Viktorovich
Ph.D. in science philosophicals, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
KOSTYLEVA Elena Gennadjevna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
LEVASHOV Dmitry Andreevich
bachelor in the field of study “Chemical technology of natural energy carriers and carbon materials” of the Ufa State Petroleum Technological University
ASSESSMENT OF INTERNATIONAL PROBLEMS IN THE REPUBLIC OF BASHKORTOSTAN
The article focuses on the need for constant analysis of interethnic relations in a multi-ethnic society. The authors conducted their own sociological research in order to study the state of interethnic relations in the Republic of Bashkortostan.
Keywords: interethnic problems, interethnic relations, socio-psychological climate in a multi-ethnic community
Reference bibliographic list
1. Bondarenko A.V. Strong Russia is a guarantee of regional stability and security // Eurasian Law Journal. 2014. No. 7 (74). pp. 8-10.
2. Bondarenko A. V. Cost thinking. Evolution of views on business performance // Marketologist. 2006. No. 8. P. 9.
3. Gareev E. S., Kostyleva E. G., Grogulenko N. V., Valitova N. E. Evaluation of interethnic problems in the Republic of Bashkortostan // Interethnic clashes in the political cultural student environment and ways to resolve them Proceedings of the conference dedicated to the 71st anniversary of victory in the Great Patriotic War. 2016. S. 103-108.
4. Gareev E. S., Kostyleva E. G., Levashov D. A. Analysis of interethnic relations in the Republic of Bashkortostan // Eurasia and global socio-economic changes. VII International Congress of Sociologists of the Turkic World: a collection of scientific papers. Kazan, 2020. S. 61-65.
5. Ermeeva K. D., Kozlova Yu. B., Kostyleva E. G. State and prospects of interethnic relations in modern Russia: a sociological aspect // Eurasian legal journal. 2018. No. 6 (121). pp. 390-392.
6. Kostyleva E. G., Valeev M. R. Influence of globalization on the development of the fuel and energy complex // Eurasian Law Journal. 2021. No. 5 (156). pp. 451-452.
7. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Impact of the process of digitalization of the economy on deviant forms of economic behavior // Business 4.0 as a Subject of the Digital Economy. Cham, 2022, pp. 433-438.
POLITICS AND LAW
GABDRAKHMANOVA Liana Niljevna
Ph.D. in political sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
YAKUPOVA Gulnara Aidarovna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
IVLEVA Vladlena Igorevna
Ph.D. in science philosophicals, senior lecturer in Social and political communications sub-faculty of the Ufa State Petroleum Technical University
FEATURES OF THE LEGAL REGULATION OF THE DIGITAL COMMUNICATION ENVIRONMENT OF HEALTHCARE INSTITUTIONS IN THE RUSSIAN FEDERATION (ON THE EXAMPLE OF THE REPUBLIC OF BASHKORTOSTAN)
The article discusses the features of the legal regulation of the activities of medical institutions of the Russian Federation in the digital environment, the features and requirements for the design of websites of medical organizations in the Republic of Bashkortostan.
Keywords: medical organization, official website, digital communication environment, health care.
Reference bibliographic list
1. Federal Law No. 323 dated November 21, 2011 “On protecting the health of citizens in the Russian Federation”.
2. Decree of the Government of the Russian Federation of 04.10.2012 No. 1006 “On Approval of the Rules for the Provision of Paid Medical Services by Medical Organizations”.
3. Order of the Ministry of Health of the Russian Federation dated December 30, 2014 No. 956n “On the information necessary for an independent assessment of the quality of services provided by medical organizations, and the requirements for the content and form of providing information on the activities of medical organizations posted on the official websites of the Ministry of Health of the Russian Federation, state authorities authorities of the constituent entities of the Russian Federation, local authorities and medical organizations in the information and telecommunication network Internet.
4. Order of the Ministry of Health of the Republic of Belarus dated 05.06.2015 No. 1760-D “On official websites of medical organizations of the Republic of Bashkortostan.
POLITICS AND LAW
MAKAYEVA Guzal Zaynagievna
associate Professor of Foreign languages sub-faculty of the Institute of Economics and Management in Building of the Kazan State University of Architecture and Engineering
NEOLOGISMS OF THE LAST DECADES AND THEIR REFLECTION IN THE LANGUAGE OF POLITICS AND LAW
As the most mobile layer of the language, vocabulary changes in connection with the changes taking place in people’s lives, reflecting the latest achievements in all spheres of human activity, including political and legal. At present, in the era of information technology, the lexical composition of the language is changing very quickly as never before. The rapid emergence of new words in recent decades is due to changes in socio-political conditions, the state and economic structure of Russia, the cultural rapprochement of different countries, and scientific and technological progress. The relevance of considering political and legal neologisms is determined by the dynamics of the lexical system of the socio-political and legal spheres, reaching the level of solving the problems of the relationship between ideology and language, the level of studying political discourse as a specific communicative system. The glossary of political and legal neologisms is constantly updated and needs to be researched and described, as it reflects the realities of the life of the state in all aspects. The paper considers the types of innovations in the political and legal discourse, provides examples. The purpose of the work is to show ways to realize the potential of neologisms in political and legal discourse. The results of the work can make a certain contribution to linguistic science and the theory and methodology of higher professional education.
Keywords: neologism, political and legal discourse, innovation, law, lexeme, term migration.
Reference bibliographic list
1. Kozhevnikov, A. Yu., & Ridetskaya, Yu. S. (2019). New in Russian lexis-2017. Saint Petersburg, Russia: Institute for Linguistic Studies of the Russian Academy of Sciences.
2. Kozlovskaya, N. V., Levina, S. D., & Gromenko, E. S. (2018). New in Russian lexis-2016. Saint Petersburg, Russia: Institute for Linguistic Studies of the Russian Academy of Sciences.
3. Message to the Federal Assembly of the Russian Federation, December 12, 2012, Moscow, Kremlin / President of Russia, official. site. – Moscow, 2012. – 22 p. + video recording (1 h 22 min 26 s): Speech by the President of the Russian Federation V. V. Putin at a meeting of the Federal Assembly of the Russian Federation, December 12, 2012, Moscow, Kremlin.
4. Tikhonov A. N. A new word-building dictionary of the Russian language for everyone who wants to be literate. – Moscow: AST, 2014. – 639 p.
5. Ushakov D.N. Great Dictionary of Russian language. Modern edition. – M .: Slavic House of Books, 2014.
POLITICS AND LAW
MASTYUKOVA Irina Igorevna
student of the Far Eastern Federal University
KUTSEPALOVA Valeria Sergeevna
student of the Far Eastern Federal University
Kazimov Amin Ilyasovich
student of the Far Eastern Federal University
YOUTH POLICY OF THE RUSSIAN FEDERATION
Youth policy in the Russian Federation is one of the priority areas of development, which is why the relevance of this topic is very high. With the transition of Russian society to a new path of development, youth policy becomes a very significant social phenomenon. “Youth policy” is the formation of youth as an independent social force and its self-determination in the socio-political space. The institutionalization of youth policy allows such a massive and progressive social direction of state development to develop. The article pays special attentiontion to the substantiation of youth policy as a systemic technology for improving the quality of life of young people, which can be considered as a transitional model from youth policy as a “system of directions and measures” to youth policy as a systemic technology.
Keywords: consciousness, responsibility, self-determination, youth, vital activity of the population.
Reference bibliographic list
1. Egorova K. V. Youth policy as a chance for youth self-realization // Russian science and education today: problems and prospects. – 2019. – No. 1 (14). — P. 5-6.
2. Vidyakova Yu. E. The role and significance of youth policy in modern Russia // Bulletin of the Voronezh Institute of Economics and Social Management. – 2017. – No. 3. – S. 20-21.
3. Maltsev S. S. Public youth policy: content, structure and mechanisms of development // Synergy of Sciences. – 2019. – No. 31. – S. 1095-1101.
4. Postnikova E. A. Modern state youth policy in Russia: goals, objectives, directions, ensuring rights // Scientific palette. – 2019. – No. 1 (23). – S. 22.
5. Radchenko A. F. Youth policy and civil society // Cossacks. – 2017. – No. 26 (2). — S. 17-28.
6. Yulaeva N. M. The concept of youth policy // Modern problems of science and education. – 2019. – No. 4. – P. 68.
7. Kharisova ZG Youth policy in modern Russia // Bulletin of science and education. – 2018. – T. 1. – No. 5 (41). – S. 39-41.
8. Portnova A. A. Regulatory and legal support of the state youth policy in the Russian Federation // Modern scientific research and development. – 2018. – No. 12 (29). – S. 725-728.
9. State youth policy: history and modernity: Collection of materials of the II International scientific and practical conference (May 21, 2015) / Ed. P. A. Merkulova. – Eagle: OF RANEPA, 2015.
10. The effectiveness of the implementation of the state youth policy: the experience of the regions and development prospects: Collection of articles of the IV International scientific and practical conference, April 24-25, 2014 / Ed. ed. A. A. Rusanova. – Chita: ZabGU, 2014.
11. Stepanischenko O. V. Youth as an object of state policy: Monograph. – Krasnodar: Publishing House of the Kuban State Technological University, 2011.
12. Timofeeva R. I. Legal foundations of the state youth policy: Monograph. – Sterlitamak: Sterlitimak branch of Bashkir State University, 2013.
13. Mikhaleva O. V. The main directions and priorities for the implementation of youth policy at the present stage in the Russian Federation. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osnovnye-napravleniya-i-prioritety-realizatsii-molodezhnoy-politiki-na-sovremennom-etape-v-rossiyskoy-federatsii.
14. Popova E. V., Popova N. V. Norms and law in the aspect of work with youth. [Electronic resource]. – Access mode: https://elar.urfu.ru/bitstream/10995/59133/1/978-5-91256-403-1_2018_062.pdf.
POLITICS AND LAW
RAKHIMKULOV Roman Alexeevich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
PROBLEMS OF PATRIOTISM IN THE MODERN WORLD
The problem of education of patriotism in the modern younger generation is now becoming increasingly important. Modern youth, for the most part, has incorrect value orientations that differ from the concept of patriotism. In modern conditions of the development of the state and law, changes in social, political and economic processes, the issue of patriotism is more relevant than ever. In this regard, it can be stated that the education of patriotism in such conditions is a difficult task facing not only the state, but, first of all, every citizen of our state, because it is important to remember that patriots are not born – they become in the process of socialization and education.
In the process of fostering patriotism, it is necessary to take into account the rapidly changing mentality of modern youth. In addition, the methods of educational influence aimed at developing a sense of patriotism should also be adapted to modern realities, but at the same time be based on the basics of education of patriotism of young people, developed back in Soviet times. Such demands are connected with the change of traditional values both in Russia and around the world and the rapidly changing interests and views, whether political, social or economic, of modern youth.
The education of patriotism should be a process in which many institutions of modern society, such as the family, educational institutions and government agencies, take part. At the same time, the family should, in our opinion, become the initial source of education of patriotism in the younger generation, in connection with the performance of the function of primary socialization of the individual in the process of his assimilation of life guidelines and the development of psychological and moral qualities.
It is important to understand that patriotism is not only a positive quality of the individual, but also the future of the country of which the individual is a patriot. It is patriotic individuals who will be able to defend their homeland and defend their interests in the future. That is why the problem of patriotism in the modern world needs to be given great attention in our time.
Keywords: education of patriotism, educational work, youth, patriotism, the younger generation.
Reference bibliographic list
1. Shulzhenko M. E. Patriotic education of modern youth // Young scientist. – 2017. – No. 47 (181). – S. 240-243.
2. Putin announced the start of a military operation to protect Donbass. Lenta.ru: News of Russia and the world today – [Electronic resource]. – Access mode: https://lenta.ru/news/2022/02/24/operation/ 02/24/2022 (date of access: 10/23/2022).
3. VTsIOM. Official site. – [Electronic resource]. – Access mode: https://wciom.ru/ (date of access: 10/24/2022).
4. Address of the President of the Russian Federation V.V. Putin to the Federal Assembly of the Russian Federation 04/21/2021. – [Electronic resource]. – Access mode http://duma.gov.ru/news/51307/ (date of access: 24.10.2022).
5. Sukhonosov D. A., Sukhonosov A. P. Education of citizenship and patriotism as an existential problem // child in the modern educational space of the metropolis. Materials of the VIII International Scientific and Practical Conference. – Moscow, 2021. – S. 419-423.
POLITICS AND LAW
ROMANOV Anton Alexandrovich
Ph.D. in Law, Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ABAZOV Andemirkan Borisovich
Ph.D. in Law, associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
KOVALEV Vitaliy Vitaljevich
Ph.D. in technical sciences, associate professor, Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
CHARACTERISTICS OF THE GENERAL SCENARIO OF “COLOR REVOLUTIONS” AS A WAY TO PROMOTE THE INTERESTS OF THE WEST
In recent years, a wave of “color revolutions” has swept through a number of countries. Some countries were able to resist these “waves”, while others weakened significantly. It is noteworthy that all these revolutions eventually brought significant problems to the states in which they occurred. In some of them, it ended with wars, armed confrontations, the dawn of terrorism and crime. However, despite all this, similar revolutionary sentiments arise in different parts of the world and the population of these countries themselves participate in the destruction of their own states. The article reveals the general activities of the organizers of the “color revolutions”, in order to identify them by society and prevent their destructive activities.
Keywords: seizure of power, “color revolutions”, civil society, rebellion, mass riots.
Reference bibliographic list
1. Gene Sharp. 198 methods of non-violent actions // Philosophical sciences. – 1992. – No. 12. – S. 33-40.
2. Gene Sharp. From Dictatorship to Democracy: Strategy and Tactics for Liberation / 2nd ed., rev. – M.: New publishing house, 2012. – 84 p.
3. Karpukhin O. I., Lukov V. A., Makarevich E. F. Ideology and management of “color” revolutions in the context of the political culture of American hegemonism // Eurasian Law Journal. – 2015. – No. 12 (91). – S. 340-344.
PSYCHOLOGY AND LAW
GONCHARENKO Elena Vyacheslavovna
medical psychologist of the “N. N. Silishcheva Regional Children’s Clinical Hospital”
ARGUN Sofiya Nodarovna
junior researcher of the Institute of Experimental Pathology and Pathology of the Academy of Sciences of Abkhazia
TAYSAEVA Svetlana Borisovna
Ph.D. in science psychologicals, associate professor of Psychology sub-faculty of the G. V. Plekhanov Russian University of Economics
JOKUA Anna Arsenovna
Ph.D. in biological sciences, Head of the Laboratory of Physiology and Pathology of the GNU “Institute of Experimental Pathology and Therapy of the Academy of Sciences of the Abkhazia”
POLYAKOVA Elena Viktorovna
assistant to the Rector for Organizational Issues of the Astrakhan State Medical University
STUS Elena Anatoljevna
medical psychologist, Head of the pathopsychological laboratory of the “Regional Clinical Psychiatric Hospital”
CLOSING GESTURES IN PSYCHOLOGICAL PRACTICE AND NON-INSTRUMENTAL LIE DETECTION
The article examines the significance of nonverbal behavior during the diagnosis of the truthfulness/falsity of the information presented. In persons who deliberately conceal the truth, illustrator gestures accompanying human speech disappear in the external pattern of behavior, and adaptive and resource pantomime appears. Gestures during deception are of an unconscious nature, aimed at restoring mental homeostasis and adapting to stress. In the general pantomimic production of the interviewees, the authors identify a group of movements illustrating the covering (closing) of the anterior parts of the body. The team of authors analyzes the origin and unconscious nature of the gestures of concealment in humans during their evolutionionary development.
Keywords: lying, closing gestures, pantomime, involved persons, verification, deception markers, instrumental lie detection.
Reference bibliographic list
1. Gschwandtner G. Non-verbal communication in sales. Technologies of hidden influence on buyers. – M.: Good book, 2010. – 256 p.
2. Goncharenko E. V., Taysaeva S. B., Polyakova E. V. Trans-gestures in the pantomime of victims of sexual violence and those involved // Kazan Pedagogical Journal. – 2022. – No. 3 (152). – S. 257-263. DOI: 10.51379/KPJ.2022.153.3.033
3. Goncharenko E. V., Taisaeva S. B., Polyakova E. V. Pes-gestures in the pantomime of persons hiding the truth // Vector of Science of Togliatti State University. Series: Pedagogy, psychology. – 2022. – No. 3 (50). – S. 61-68. DOI: 10.18323/2221-5662-2022-3-61-68
4. Ivanov VV Selected works on semiotics and cultural history. Volume 5: Mythology and Folklore. – M.: Znak, 2009. – 376 p.
5. Luria A. R. The nature of human conflicts. An objective study of the disorganization of human behavior. – M.: Kogito-center, 2002. – 527 p.
6. Navarro J. Carlins M. I see what you’re thinking. – Minsk: Potpourri, 2021. – 352 p.
7. Piz A., Piz B. Body language. How to read the thoughts of others by their gestures. – M.: Eksmo-Press, 2022. – 448 p.
8. Rubinshtein S. L. Fundamentals of general psychology. – St. Petersburg: Peter, 2019. – 713 p.
9. Sapolsky R. Biology of Good and Evil. How science explains our actions. – M.: Alpina non-fiction, 2021. – 776 p.
10. Tarasov A. Set-theoretic analysis of extremal results of the femenology of lies. Bulletin of the University. – 2018. – No. 6. – S. 188-192. doi.org/10.26425/1816-4277-2018-6-188-192
11. Fry O. Lies: three ways to discover how to read the mind of a liar, how to fool a lie detector. – St. Petersburg: Prime-EVROZNAK, 2006. – 284 p.
12. Chirkov A. M., Voit I. S. Ethological atlas of psychopharmacological studies on hamadryas baboons. – Sukhumi: Alashara, 1990. – 128 p.
13. Ekman P. Psychology of lies. – St. Petersburg: Peter, 2020. – 448 p.
14. Birdwhistell R. Kinesics and Context. University of Pennsylvania Press. – Philadelphia, 1970. – P. 338.
15. Ekman P., Friesen W. V. The repertoire of nonverbal behavior: categories, origins, usage and coding // Semiotica. – 1969. – Vol. 1. – P. 49-98. DOI: 10.1515/SEMI.1969.1.1.49.
PSYCHOLOGY AND LAW
SOCHIVKO Olga Ivanovna
Ph.D. in science psychologicals, lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia in Novokuznetsk, major of internal service
ON THE QUESTION OF THE PSYCHOLOGY OF LIFE CONVICTED
The author considers issues regarding the personality of convicts to life imprisonment. It is noted that the attitude to crime and punishment of criminals, including those convicted of life imprisonment, is an indicator of civilization and moral health of society. The author provides examples from practice and examined the facts of crimes committed in 1993 in the village of Starozhilovo, the Ryazan region, for which the highest measure of punishment was appointed to the criminal (later replaced with life imprisonment). The conclusion has been formulated that the task of a practitioner psychologist and employees of a correctional institution is to help the convict take a step towards humanization and, with proper motivation, take a positive position in relation to himself and others. It is noted that consequently in history there were cases when robbers and killers gained the ability to sincere repentance.
Keywords: penitentiary psychology, personality of the convict, life imprisonment, prosecutor’s office of the Ryazan region.
Reference bibliographic list
1. Brianchaninov I. St. Ascetic experiments // Works: in 7 vols. T. 1. 2nd ed., corrected. and replenish M., 1993.
2. Volodin B. Yu., Sochivko D. V. [et al.] The current state of the problem of personality disorders // Personality in a changing world: health, adaptation, development. 2016. No. 2 (13). pp. 6-13.
3. Sochivko DV Theory and history of concepts of subjective historical and psychological time // Applied Legal Psychology. 2016. No. 4 (37). pp. 19-28.
4. Sochivko D. V. Psychological and pedagogical problems of fragmentation of intergenerational social alienation of youth in modern Russia. scientific-practical. Conf.: in 2 volumes. Ryazan, 2016. S. 917-920.
5. Sochivko D.V. Some socio-psychological features of modern terrorism and extremism and the possibility of preventing these phenomena // Counteracting proselytism and recruitment of adherents of neo-paganism, radical Islam, pseudo-religious extremism and its extreme manifestation in the socio-political life of society – terrorism: preventing them negative impact on convicts in places of serving a criminal sentence: a collection of materials of the IV Intern. scientific-practical. conf. Ryazan, 2016, pp. 119-123.
6. Sochivko D. V., Gamidov M. A. Personal and psychological content of profiling behavior of employees of the Federal Penitentiary Service directly interacting with convicts // International Penitentiary Journal. 2017. V. 3. No. 2. S. 124-132.
7. Sochivko D. V. Psychodynamic diagnosis of criminal-infantile inclinations of psychopathic behavior of youth convicts // Personality in a changing world: health, adaptation, development. 2017. V. 5. No. 3 (18). pp. 311-328.
8. Sochivko D. V. Gender psychodynamics of spiritual and religious growth of convicts in places of deprivation of liberty // Criminal punishment in Russia and abroad: problems of appointment and execution (to the 10th anniversary of the adoption of the European penitentiary rules): a collection of materials of the Intern. scientific-practical. conf.: at 2 pm / Under the general. ed. P. V. Golodova. Vologda, 2017, pp. 52-57.
9. Sochivko D.V., Sochivko O.I. On the application of the method of calculating psychodynamic coefficients D.V. Sochivko in relation to convicted women with personality disorders // Applied Legal Psychology. 2018. No. 4 (45). pp. 32-37.
10. Sochivko O. I., Kholopova E. Yu., Rabazanov S. I. Psychological and pedagogical conditions for the formation of moral guidelines among cadets of educational organizations of the Federal Penitentiary Service // Theoretical and practical problems of the development of the penitentiary system in the Russian Federation and for Abroad: a collection of abstracts of speeches and reports of participants in the International. scientific-practical. conf. Ryazan, 2018. S. 1164-1167.
11. Sochivko D. V. The origin of the concepts of “inner man” and “subjective time” in late antiquity // Scientific works of the Moscow Humanitarian University. 2019. No. 4. P. 1.
12. Sochivko D. V. Psychological and acmeological changes in the structure of the personality of an employee of the Federal Penitentiary Service depending on age // Applied Legal Psychology. 2019. No. 1 (46). pp. 18–25.
13. Sochivko D. V. Some psychological problems of personal growth of cadets in the process of training in educational institutions of the Federal Penitentiary Service of Russia // IV International Penitentiary Forum “Crime, Punishment, Correction” (to the 140th anniversary of the penitentiary system of Russia and the 85th anniversary of the Academy of the Federal Penitentiary Service Russia): a collection of abstracts of speeches and reports of participants / Federal Service for the Execution of Punishments; Academy of the Federal Penitentiary Service of Russia; Board of Trustees of the UIS. Ryazan, 2019. S. 245-250.
14. Sochivko D.V. Existential psychodynamics of correcting the personality of the convict // Kochenovskie readings-2020: Psychology and law in modern Russia: a collection of abstracts of the participants of the All-Russian. conf. in Legal Psychology with Intern. participation. M., 2020. S. 59-60.
15. Sochivko D. V. Psychodynamics of the growth of the existential fullness of the personality in the process of training and service in the Federal Penitentiary Service of Russia // Psychology of the 21st century: challenges, searches, development vectors: collection of materials Vseros. symposium of psychologists from the international. participation. Ryazan, 2020. S. 949-958.
16. Sochivko D. V., Burtsev A. O., Sochivko O. I. Psychodynamics of gender characteristics of personality disorders and psychopathic behavior in a criminal environment: monograph. M.: Higher. school Psychology (Institute), 2020. 172 p.
17. Sochivko DV Comparative and functional analysis of personal states of mentally ill patients with a diagnosis of “neurosis” and patients with a diagnosis of “schizophrenia” // Applied Legal Psychology. 2021. No. 2 (55). pp. 15-23.
18. Sochivko DV, Sochivko OI On the issue of the psychological characteristics of convicts // Penitentiary system today: the interaction of science and practice. Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2021, pp. 139-141.
SOCIOLOGY AND LAW
KOMLEVA Renata Nailevna
researcher of the SASI “Strategic Research Center of the Republic of Bashkortostan” (SASI ISI RB), Researcher of the Scientific Laboratory of Social and Demographic Research of the Ufa University of Science and Technology
MOTIVES FOR POSTPONING CHILDBEARING BY URBAN FAMILIES IN THE REPUBLIC OF BASHKORTOSTAN
The reproductive attitudes of the urban population are always lower than those of the rural population, however, studies conducted in the Republic of Bashkortostan have shown that the potential of unrealized births in the urban population is much higher. This suggests that urban families, despite their reproductive intentions, are much more likely to postpone childbearing for some reason. This article discusses the main motives for postponing childbearing based on these focus groups. The results obtained indicate that in addition to subjective attitudes and ideas about the number of children in the family, the interval between their births, urban residents proceed from rational considerations related to maintaining the material stability of the family, balance with work.
Keywords: reproductive attitudes, desired number of children, timing of births, motives for postponing birth.
Reference bibliographic list
1. Zakharov S. V., Churilova E. V. Reproductive attitudes of the Russian population: is there a reason for optimism? // Bulletin of public opinion. Data. Analysis. Discussions. 2019. No. 3-4 (129). pp. 69-89.
2. Osipova I. Reproductive attitudes of Russians and attitude to state measures to support the birth rate // Demographic Review. 2020 No. 2. S. 117.
3. Rostovskaya T. K., Knyazkova E. A. Reproductive attitudes in the Russian society: according to the All-Russian sociological study // Bulletin of the South Russian State Technical University (Novocherkassk Polytechnic Institute). Series: Social and economic sciences. 2021. V. 14. No. 2. S. 121-129. DOI: 10.17213/2075-2067-2021-2-121-129
4. Sinyavskaya O. V., Tyndik A. O., Golovlyanitsina E. B. In what families are children born? Factors of reproductive behavior in Russia // Family in the center of socio-demographic policy / Collection of analytical articles / Ed. ed. O. V. Sinyavskaya. M.: NISP, 2009. S. 19-46.
ECONOMY. RIGHT. SOCIETY
ABDULLAEV Valigulla Abdullaevich
associate professor of Economic, legal and general educational disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
SULEYMANOVA Aminat Musaevna
Ph.D. in economical sciences, associate professor of Economic, legal and general educational disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
THE MAIN PROBLEMS AND CURRENT TRENDS IN THE DEVELOPMENT OF THE MORTGAGE LENDING MARKET IN RUSSIA
Mortgage lending is one of the driving forces of overcoming the crisis, the state actively promotes it and shows loyalty to construction organizations, credit institutions and borrowers themselves. However, the too ambiguous situation in society and the economy does not allow this type of lending to become the locomotive of the way out of the crisis. The changing situation in the socio-political system of society directly affects mortgage lending. Therefore, the state should participate more actively in the development of the mortgage market, introduce more preferential programs, improve legislation, and pay special attention to stabilizing the economy and ensuring sustainable development of the country.
Keywords: mortgage lending market, mortgage loan, low incomes of the population, inflation, preferential mortgage program.
Reference list
1. Aidamirova L. D. Features and problems of mortgage lending in Russia // Bulletin of Science and Practice. – 2020. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-i-problemy-ipotechnogo-kreditovaniya-v-rossii/ (date of access: 11/06/2022).
2. Mortgage market monitoring September 2022 – [Electronic resource]. – Access mode: http://rusipoteka.ru/ (date of access: 06/15/2022).
3. Official website of the state calculation of the inflation rate. – [Electronic resource]. – Access mode: https://rosinfostat.ru/inflyatsiya/ (date of access: 11/27/2022).
4. Interest rates on mortgages in foreign countries inflation. – [Electronic resource]. – Access mode: https://bizneslab.com/stavki-po-ipoteke-v-evrope/ (date of access: 11/20/2022).
5. Preferential mortgage 2022 at 7%. – [Electronic resource]. – Access mode: https://gogov.ru/news/888137/ (date of access: 11/18/2022).
6. Official site of the rating agency “Expert Ra”. – [Electronic resource]. – Access mode: ttp://raexpert.ru/ (date of access: 11/20/2022).
7. Rating of banks by the volume of issued mortgage loans. – [Electronic resource]. – Access mode: http://rusipoteka.ru/ipoteka_v_rossii/ipoteka_statitiska/ (date of access: 11/26/2022).
8. DOM.RF named the TOP-20 Russian mortgage banks in 2021. – [Electronic resource]. – Access mode: https://www.akm.ru/press/dom_rf_nazval_top_20_rossiyskikh_ipotechnykh_bankov_po_itogam_2021_goda/ (date of access: 11/27/2022).
9. Mortgage “eats” more than 70% of the average salary of residents of Dagestan. – [Electronic resource]. – Access mode: https://https://dag.aif.ru/society/ (date of access: 11/27/2022).
ECONOMY. RIGHT. SOCIETY
BAYRUSHIN Fedor Timofeevich
associate professor of Information security management sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
SHAYBAKOVA Emma Rifovna
Ph.D. in economical sciences, professor of economic security sub-faculty of the Ufa State Petroleum Technical University
BUDKOV Dmitry Alexandrovich
magister student of the Ufa State Petroleum Technical University
GILYAZOVA Alisa Ildarovna
student of the 4th course of the Faculty of Mathematics and Information Technology of the Ufa University of Science and Technology
INFORMATION PROTECTION OF THE NATIONAL ECONOMY OF RUSSIA
The current geopolitical and economic situation in the world is characterized by the growth of confrontational ways of resolving the contradictions of interested parties. In the new geopolitical and economic reality, information security as an element of national security is becoming the most urgent issue of preserving and protecting national interests. The object of the study is the national security of socio-economic systems. The subject of the study is information security as an element of national security. The purpose of the study is to reveal the content of information protection as an integral element of information security that determines economic and social stability in society. Research methodology – economic and theoretical research methods determined by generally recognized methods of scientific cognition of reality. Research objectives: 1. Study of reliable and scientifically-based theoretical sources of the problem area; 2. Argumentation of the composition and content of the category of information protection within the framework of economic knowledge; 3. Formulation of scientifically-based conclusions of the study. Research results: 1. The content of the category of information protection within the framework of economic and social knowledge is presented; 2. The substantive difference between the categories of information protection and information protection is presented; 3. The social and economic content of information protection is presented.
Keywords: information security, national security, state policy, socio-economic system, risks, threats.
Reference bibliographic list
1. Siponen M. T., Oinas-Kukkonen H. A review of information security issues and respective research contributions // ACM SIGMIS Database: the DATABASE for Advances in Information Systems. – 2007. – T. 38. – No. 1. – S. 60-80. DOI: 10.1145/1216218.1216224.
2. Saltzer J. H., Schroeder M. D. The protection of information in computer systems // Proceedings of the IEEE. – 1975. – T. 63. – No. 9. – S. 1278-1308. DOI: 10.1109/PROC.1975.9939.
3. Yasenev VN et al. Information security: Textbook. / V. N. Yasenev, A. V. Dorozhkin, A. L. Sochkov, O. V. Yasenev // Under the general editorship of prof. Yaseneva V.N. – Nizhny Novgorod: Nizhny Novgorod State University. N. I. Lobachevsky, 2017. – 198 p.
4. Bakir V., McStay A. Fake news and the economy of emotions: Problems, causes, solutions // Digital journalism. – 2018. – T. 6. – No. 2. – S. 154-175. DOI: 10.1080/21670811.2017.1345645.
ECONOMY. RIGHT. SOCIETY
BARLYBAEV Ural Adigamovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Institute of Economics, Finances and Business of the Ufa University of Science and Technology
MUSIN Ural Ramazanovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Institute of Economics, Finances and Business of the Ufa University of Science and Technology
DEVELOPMENT OF RURAL TOURISM, ECO-ETHNOPARKS AS A FACTOR IN THE DIVERSIFICATION OF THE ECONOMY OF RURAL AREAS
Within the framework of existing external restrictions in the field of tourism and the need to diversify the economy of municipalities, the development of rural tourism is of particular importance. To solve the socio-economic problems of rural development associated with low incomes, employment, migration, etc., agritourism is a tool for diversifying the local economy. At the same time, the state, implementing national infrastructure programs, creates conditions and opportunities for creating projects in the field of rural tourism, but so far these forms of state support are insufficient for the stable growth of this area, it is necessary to improve and expand support tools. This article discusses the development of agritourism in the Republic of Bashkortostan.
Keywords: tourism, rural tourism, ethnotourism, tools, characteristics of agrotourism.
Reference bibliographic list
1. The concept of rural tourism development in Russia. MNIAP. [Electronic resource]. – Access mode: http://mniap.rf/mral-tourism/ (date of access: 12/20/2022).
2. Leaders and outsiders in terms of the quality of education in the Volga region: data by region. Ufa, 2021. [Electronic resource]. – Access mode: https://news.rambler.ru/sociology/46001378/?utm_content=news_media&utm_medium=read_more&utm _source=copylink (date of access: 05/12/2022).
3. Report on the progress of implementation and on the evaluation of the effectiveness of the implementation of the state program “Development of domestic and inbound tourism in the Republic of Bashkortostan” for 2020 / State Committee of the Republic of Bashkortostan for Tourism. [Electronic resource]. – Access mode: https://tourism.bashkortostan.ru/documents/reports/346620/
4. Pashkus N. A., Krasnikova T. S. Agrotourism as a factor in successful positioning of the territory // Theory and practice of social development. 2015. No. 23. [Electronic resource]. – Access mode: https://cyberleninka.m/artide/n/agroturizm-kak-faktor-uspeshnogo-pozitsionirovaniya-territorh (date of access: 12/20/2022).
5. The Chairman of the State Committee for Tourism of the Republic of Belarus spoke with the results of the year at the operational meeting of the Head of Bashkortostan Radiy Khabirova / State Committee of the Republic of Bashkortostan for Tourism. [Electronic resource]. – Access mode: https://tourism.bashkortostan.ru/presscenter/news/332775/
6. Federal Agency for Tourism. Statistical indicators characterizing the tourism industry. [Electronic resource]. – Access mode: https://tourism.gov.ru/upload/iYock/5e0/Statistical%20%20characterizing%20tourism%20industry.pdf
7. Expert RA confirmed the credit rating of the Republic of Bashkortostan at ruАА+. [Electronic resource]. – Access mode: https://www.raexpert.ru/releases/2022/may05a (Date of access: 12/20/2022).
ECONOMY. RIGHT. SOCIETY
VOLOV Murat Anatoljevich
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
SURDUMOVA Elmira Gazalievna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
NEPEEVA Khalimat Yusupovna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
AKSOROVA Kristina Huseynovna
senior lecturer of Biology, geoecology and molecular genetic foundations of living systems sub-faculty of the Institute of Chemistry and Biology of the H. M. Berbekov Kabardino-Balkarian State University
INNOVATIONS AS A TOOL FOR ATTRACTING INVESTMENTS IN THE CONTEXT OF DIGITALIZATION OF THE ECONOMY
The processes of digitalization of the economy are distinguished by their high pace and scale. It should be noted that in a number of regions the pace of digitalization has been relatively slow. The pace of digitalization is determined by the level of investment activity. Attracting investments to the regions in the context of digitalization is possible through the development of innovative technologies. It is innovative types of production that are attractive to potential investors, as they are technologically advanced and relevant in modern economic conditions. The purpose of this work is to analyze innovation as a modern tool for attracting investment in the context of digitalization of economic processes. The creation and development of innovative industries is an integral element of the effective digitalization of the economy. The very process of digitalization of the economy is built on the use of information and innovative technologies. In the Russian Federation, problems arise that are associated with the federal structure of the state (the presence of 85 regions). Each of the regions has different rates of socio-economic and information development. In the current conditions, it is important to evaluate the development of innovation policy in the regions.
Keywords: investments, innovations, digitalization of the economy, innovation index, regions, research, innovation policy.
Reference bibliographic list
1. Arslanov Sh. D., Maksimova S. Yu. Regional financial and investment resources: alternative types of digital crowd investment. // Regional problems of economic transformation. – 2021. – No. 1 (123). – S. 91-97.
2. Gordyachkova O. V. Foreign investments: analysis and management of their attraction at the regional level: monograph. – Moscow: Creative Economy, 2019. – 174 p.
3. Zalyvskiy N. P. Innovations and investments for the Russian economy: monograph: monograph. – Arkhangelsk: NArFU, 2018. – 75 p.
4. Karlova Yu. S., Kostromykina A. V. Investment potential of the region as one of the factors of socio-economic development of the Russian Federation. Nauchnye zapiski OrelGIET. – 2018. – No. 2. – C. 43-47.
5. New in the development of entrepreneurship: innovations, technologies, investments: a collection of scientific papers / Edited by A. V. Sharkova [and others]. – Moscow: Dashkov i K, 2019. – 494 p.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management (UHSEM) of the Ufa State Petroleum Technical University
BOBKOV Oleg Vladimirovich
Ph.D. in technical sciences, associate professor of Water supply and sanitation sub-faculty of the Ufa State Petroleum Technical University
SYUNDYUKOVA Daliya Railevna
magister student of the Ufa State Petroleum Technical University
GILFANOV Danil Azatovich
bachelor of the Ufa State Petroleum Technical University
ANALYSIS OF THE FACTORS OF THE MARKETING ENVIRONMENT OF A STARTUP PROJECT
This article sets the task of substantiating the viability of a startup project of a smart water purification system in domestic conditions. The analysis of the world and Russian market of domestic drinking water filtration units was carried out, the leading companies, market volumes, growth trend and forecast for the next year were identified. To create advantages from the point of view of the uniqueness of the product, the systems of smart filters of the world market leaders are considered, the products of these companies are analyzed from the point of view of aesthetics, ergonomics, technologies used for water treatment , the life of the cartridge and ease of use for the average buyer. In addition to direct comparison, the shortcomings of the technological part of the majority of smart filtration systems have been identified, for example, irrational use of resources, inefficient use of the main components of the system to increase the cost of the product.
For a more complete study of the competitiveness of a startup project, a comparative characteristic among Russian manufacturers is presented, in particular, price analysis, comparison of marketing proposals, business strategies, their main advantages and disadvantages, assortment groups of goods are demonstrated. As a result of the analysis, a risk assessment was created and the weaknesses and strengths of the smart cleaning system startup project were demonstrated, and a primary marketing strategy was developed. The features that allow the product to withstand competition in the Russian market are outlined. Based on a detailed analysis of the advantages and disadvantages of various sales options, the features of online platforms, their opportunities for doing business and promoting the product, the age category of users and, accordingly, their financial capabilities, a marketing plan has been created . The article discusses the creation of an MVP product within the framework of the work “final qualification work as a startup”.
Keywords: MVP product, marketing plan, market analysis, SWOT analysis, sales channels.
Reference bibliographic list
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2. Baktybaeva Z. B., Suleimanov R. A., Valeev T. K., Rakhmatullin N. R. Assessment of the impact of the oil refining and petrochemical industry on the ecological and hygienic state of environmental objects and public health (literature review) // Occupational Medicine and human ecology. – 2018. – No. 4. – S. 12-26.
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7. GOST 4192-82 Drinking water, methods for determination of mineral nitrogen-containing substances. Entered 01.01.1982. – M.: Publishing House of Standards, 1982. – 40 p.
8. GOST 4245-72 Drinking water, methods for determining the content of chlorides. Entered 01.01.1972. – M.: Publishing house of standards, 1972. – 32 p.
9. GOST 4388-72 Drinking water, Methods for determining the mass concentration of copper. Entered 01.01.1972. – M.: Publishing house of standards, 1972. – 34 p.
10. Davletnurov N. Kh., Stepanov E. G., Zherebtsov A. S., Tuktarova I. O. Analysis of the state of the human environment and its impact on the health of the population of the Republic of Bashkortostan // Occupational Medicine and Human Ecology. – 2018. – No. 4. – S. 27-35.
11. Zakirova Z. A., Abdrakhmanov N. Kh., Bakhonina E. I., Vadulina N. V., Idrisova K. R., Savicheva Yu. N., Fedosov A. V., Shaimardanova, Sharafutdinova G. M. .Life safety. – Ufa: UGNTU, 2021. – 109 p.
12. Ismagilova R. S., Kuramshina N. G. Geoecological assessment of surface water pollution in the Republic of Bashkortostan // International Journal of Humanities and Natural Sciences. – 2021. – Vol. 5-2 (56). – S. 19-23.
13. Klyavlin M. S., Klyavlina Ya. M., Gainanova E. S. On the need for transition to modern project management systems in the construction industry. Eurasian Law Journal. – 2017. – No. 11 (114). – S. 394-395.
14. Klyavlina Ya. M., Bobkov O. V., Samofeev N. S., Gainanova E. S. Development of the construction sector of the Russian economy in a crisis // Eurasian Law Journal. – 2017. – No. 11 (114). – S. 382-384.
15. Brief summary of Russia for 2021. [Electronic resource]. – Access mode: https://www.web-canape.ru/business/internet-i-socseti-v-rossii-v-2021-goduvsya-statistika/ (date of access: 20.09.2022).
16. Norms of physiological needs for energy and nutrients for various groups of the population of the Russian Federation. Guidelines. – M.: Federal Center for Hygiene and Epidemiology of Rospotrebnadzor, 2009. – 65 p.
17. Nurlygayanov R. Z., Syrtlanova E. R., Minasov T. B., Borisov I. V. Level of vitamin D in persons over 50 years old, permanently residing in the Republic of Bashkortostan, during the period of maximum insolation // Osteoporosis and osteopathy. – 2015. – No. 1. – S. 7-9.
18. Rakhimova A. A. Environmental assessment of the quality of fresh groundwater in the Republic of Bashkortostan // International Journal of Humanities and Natural Sciences. – 2020. – Vol. 10-1 (49). – P. 36-38.
19. Suleimanov R. A., Bakirov A. B., Valeev T. K., Davletnurov N. Kh., Stepanov E. G., Tuktarova I. O. Analysis of the incidence and mortality of the population of the republic private Bashkortostan by malignant neoplasms // Medicine labor and human ecology. – 2019. – No. 2. – P. 14-23.
20. Syundyukova D. R., Astashina M. V. Individual drinking water filter adjusted to human biometric parameters // Water supply, water disposal and environmental protection systems: art. and theses. International sci.-tech. conf. students, graduate students and young scientists of USPTU – 2021. – P. 84-91.
21. Syundyukova D. R., Lysenko M. V., Kanareykin V. I. “Smart filters” // Proceedings of the 70th scientific and technical conference of students, graduate students and young scientists of USPTU. – Ufa, 2019. – 264 p.
ECONOMY. RIGHT. SOCIETY
KEREFOVA Bella Ruslanovna
assistant at the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
CHERNOZYOMOVA Yana Vadimovna
Legal Counsel of the Peter the Great St. Petersburg Polytechnic University
SAVELJEV Evgeniy Dmitrievich
student of the 2nd course of the master’s program in the direction of “Jurisprudence” of the Peter the Great St. Petersburg Polytechnic University
COMPULSORY SOCIAL INSURANCE AS AN ORGANIZATIONAL AND LEGAL FORM OF SOCIAL SECURITY
The article examines the state of social insurance in Russia as an organizational and legal form of social security at the present stage. Legal relations in the field of social insurance of citizens of the Russian Federation, as subjects of these relations, their rights and obligations are analyzed. The main changes in the regulatory framework are traced, problems and development prospects are identified.
Keywords: Social security, compulsory insurance, rights and obligations, subjects of public relations, labor contract, material payments.
Reference bibliographic list
1. Fedorova M. Yu. Theoretical problems of legal regulation of social insurance. – St. Petersburg, 2003. – 203 p.
2. Federal Law “On the Fundamentals of Compulsory Social Insurance” dated July 16, 1999 No. 165-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_4059/ (date of access: 04.12.2021).
3. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_34683/ (date of access: 04.12.2021).
4. Federal Law No. 125-FZ dated July 24, 1998 “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_19559/ (date of access: 12/04/2021).
5. Galaganov V. P. Legal regulation of relations on obligatory social insurance. – M.: Norma, 2009. – 124 p.
ECONOMY. RIGHT. SOCIETY
KUTSEPALOVA Valeriya Sergeevna
student of the Far Eastern Federal University
NESINA Alina Maksimovna
student of the Far Eastern Federal University
VDOVENKOVA Olga Viktorovna
student of the Far Eastern Federal University
Kazimov Amin Ilyasovich
student of the Far Eastern Federal University
BELOUSOV Nikita Alexeevich
student of the Far Eastern Federal University
FREE TRADE AREA AND ECONOMIC INTEGRATION IN AFRICA
It’s no secret that the world order is gradually changing. Economic and political centers are gradually moving from Western countries to other parts of the world. However, while the international community is closely monitoring economic integration in Northeast and Southeast Asia, similar processes are taking place on the African continent. The authors of this article analyzed the main provisions and prospects of one of the African economic integration – the newly created African Continental Free Trade Zone.
Keywords: economic integration, free trade area, AfCFTA, non-tariff barriers, rules of origin, international economic law, UNCTAD.
Reference bibliographic list
1. AfCFTA: 100 days since start of free trading, prospects seem bright // Africa Renewal. 7.12.2021. [Electronic resource]. – Mode of access: https://www.un.org/africarenewal/magazine/april-2021/afcfta-100-daysstart-free-trading-prospects-seem-bright.
2. Agreement Establishing The African Continental Free Trade Area (March 21th, 2018, Kigali).
3. Berkey B. Shifting US-Africa Relations. Wharton public policy initiative, Aug. 4, 2020.
4. James Bacchus & Inu Manak. The Development Dimension: What to do About Differential Treatment in Trade, Cato institute (Apr. 13, 2020). [Electronic resource]. – Access mode: https://doi. org/10.36009/PA.887.
5. Knebel C. Breaking down non-tariff barriers // Great insights. – Volume 9. – Issue 1. – 2020. – P. 19-22.
6. Landry Signe & Colette Van Der Ven, keys to success for the AFCFTA negotiations, brookings institution 5 (May 2019). [Electronic resource]. – Access mode: https://www.brookings.edu/wpcontent/uploads/2019/05/Keys_to_success_for_AfCFTA.pdf; Developments in Competition Law in Africa, Lex Africa (Aug. 22, 2008); [Electronic resource]. – Mode of access: https://www.lexafrica.com/2018/08/developments-incompetition-law-in-africa/.
ECONOMY. RIGHT. SOCIETY
SAMIGULLINA Aigul Fidusovna
Ph.D. in economic sciences, associate professor of Public Administration sub-faculty of the Ufa University of Science and Technology
NUGMANOV Ilnur Ilmirovich
student of the 4th course of the direction “State and municipal management” of the Ufa University of Science and Technology
FEATURES OF LOCAL SELF-GOVERNMENT
This article discusses the features of local government. The main functions and powers of local self-government bodies are studied. The structure of local governments is described. The tasks and methods of the management system of local self-government bodies are singled out. The system of local self-government is characterized. The forms of local self-government are considered. The relationship and interaction of local governments with regional and state authorities was also assessed.
Keywords: local self-government, municipal formation, social sphere, population, management activity.
Reference bibliographic list
1. Kirillov L. I. Attention to the management of municipal property // Problems of theory and practice of management. – 2021. – No. 4. – S. 74-78.
2. Onokhova VV Mutual relations between public authorities of the constituent entities of the Russian Federation and local governments: a comparative legal analysis of the norms of the constitutions (charters) of the constituent entities of the Russian Federation // Constitutional and municipal law. – 2020. – No. 10. – S. 24-29.
3. Sunik BV Local self-government and financing of cultural institutions // State and law. – 2020. – No. 7. – P. 50-57.
4. Fadeev V. I. Local self-government in the Russian Federation: concepts and solutions of the new law // Scientific periodicals: problems and solutions. – 2019. – No. 1. – S. 309-315.
5. Chaplina A. N. Management of the consumer market in the regional economy // Problems of the modern economy. – 2019. – No. 2. – P. 277-283.
ECONOMY. RIGHT. SOCIETY
NOVIKOV Ilya Andreevich
competitor of the Financial University under the Government of the Russian Federation
FOREIGN ECONOMIC FACTORS OF TECHNOLOGICAL CONVERGENCE
The article is dedicated to the description, understanding and classification of external economic factors of the process of technological convergence in the world economy, as the first main phase of economic convergence.
Keywords: technological convergence, external economic factors, technological exchange.
Reference bibliographic list
1. Tolmachev P. I. Foreign economic factors of Russia’s innovative development // Russia and the modern world. – 2014. – No. 4 (85). – P. 53-67.
2. Umarov Kh. S. The role of fintech start-ups in modern society // Finance and credit. – 2021. – T. 27. – No. 8 (812). – S. 1911-1930.
3. Balyuk I. A., Bich M. G., Zvonova E. A., Kuznetsov A. V., Navoi A. V., Pishchik V. Ya., Rubtsov B. B., Sokolova E. S., Samigulina A. V., Tamarov P. A., Toropov P. A. Influence of globalization on the formation of the Russian financial market // To the 100th anniversary of the Financial University under the Government of the Russian Federation. – Moscow, 2018.
4. Umarov Kh. S., Umarov Kh. S. Pandemic covid-19: the reaction of export credit agencies of the world to the economic downturn // Finance and credit. – 2022. – T. 28. – No. 5 (821). – S. 1162-1177.
5. Novikov I. A. The policy of double standards in the context of globalization at the beginning of the XXI century // Youth Scientific and Technical Bulletin. – 2014. – No. 1. – P. 40.
6. Yarovova T. V., Kiseleva D. D. Peculiarities of stimulating innovations in Russia // Moscow Economic Journal. – 2022. – T. 7. – No. 5.
7. Kisurkin A. A. Factors affecting the innovative development of the region and their classification by management levels / A. A. Kisurkin // Modern problems of science and education. – 2012. – No. 2.
8. Illarionova E. A. The economic potential of the region: content, assessment, prerequisites for balanced development: author. dis. … cand. economy Sciences: 08.00.05. – Kursk, 2015.
9. Rudenko M. N. Classification of factors of development and implementation of the economic potential of regions from the perspective of a socio-cultural approach // Russian Entrepreneurship. – 2017. – No. 5. – P. 2215-2230.
10. Shishkina L. V. Essence and content of industrial outsourcing // ECONOMINFO. – 2007. – No. 8. – P. 4-9.
ECONOMY. RIGHT. SOCIETY
MUKHAMADIEVA Elvira Fanirovna
Ph.D. in economic sciences, associate professor of economic security sub-faculty of the State Petroleum Technological University
BALIKBAEVA Rita Safargalievna
magister student of the Institute of Economics and Service of the State Petroleum Technological University
GALIMULLINA Natalya Anatoljevna
Ph.D. in economic sciences, associate professor of Public Administration sub-faculty of the Ufa University of Science and Technology
FAYZULLINA Adel Salavatovna
student of Institute of History and State Management of the Ufa University of Science and Technology
ECONOMIC SECURITY OF CREDIT INSTITUTIONS
The purpose of the publication of this article is to reduce threats to the economic security of a credit institution. The current economic situation is increasing the negative impact on the banking sector of the economy and the increasing impact of threats: the use of confidential information for blackmail purposes, the disclosure of fraud, the use of computer technology to steal funds from customer accounts, etc.
Keywords: economic security, credit organizations, threats to economic security.
Reference bibliographic list
1. Bikmetova Z. M., Sabiryanova R. G., Galimullina N. A., Yuldasheva O. N., Sizonenko Z. L. Debt load of the population (on the example of the Volga Federal District) // Eurasian legal journal. – 2018. – No. 9 (124). – S. 411-413.
2. Voronin V. S., Klimovskikh N. V. Competitiveness of commercial banks as a factor of economic security // In the collection: Quality of management personnel and economic security of the organization. Thirteenth Khodyrev Readings. Collection of materials of the national scientific-practical conference. ed. V. N. Khodyrevskaya. – 2019. – S. 291-294.
3. Galimullina N. A. Analysis of variable and fixed costs of a commercial bank // In the collection: South Ural: economics, management, law in the context of the development of the information society. Interuniversity collection of scientific articles. Ministry of Education and Science of the Russian Federation; Bashkir State University. – Ufa, 2016. – S. 39-44.
4. Galimullina N. A. Evaluation of the counteraction of the internal affairs bodies to the shadow economy in the Russian Federation // Innovative development of the economy. – 2018. – No. 3 (45). – S. 296-305.
5. Maksyutova S. V., Mukhamadieva E. F., Kutlova R. R. Analysis of modern threats to the economic security of a commercial bank // In the collection: Actual problems of ensuring the economic security of the state, regions, enterprises. Collection of scientific articles of the III International Scientific and Practical Conference. – 2019. – S. 310-313.
6. Sidorenko E. A. Topical issues of managing the loan portfolio of Sberbank of Russia // Notes of a scientist. – 2021. – No. 11-1. – S. 305-308.
ECONOMY. RIGHT. SOCIETY
KHODKOVSKAYA Yuliya Viktorovna
Ph.D. in economical sciences, associate professor of Economics and strategic development sub-faculty of the Ufa State Petroleum Technical University
FAZRAKHMANOV Ilvir Ildusovich
Ph.D. in economical sciences, associate professor of Economics and strategic development sub-faculty of the Ufa State Petroleum Technical University
BARKOVA Ekaterina Evgenjevna
assistant of economics and strategic development sub-faculty of the Ufa State Petroleum Technical University
A NEW PARADIGM OF INTERACTION BETWEEN EDUCATION, SCIENCE AND PRODUCTION: TRANSFORMATION OF COMPETENCIES
The article presents theoretical approaches to the content, the formation of economic and managerial competencies of students. The advantages of the development of digital competencies in mega universities in Russia and abroad are reflected. The structure of universal competencies in the digital educational environment is presented, which provides a transition from a random to a systemic mechanism for the formation of transformed competencies.
Keywords: competencies, university, education, transformation, paradigm, digital economy.
Reference bibliographic list
1. Freinet C. Education through work: a model for child centered learning. – Lewiston: Edwin Mellen Press, 1993. – 327 p.
2. Montessori M. The Montessori Method. – New York: Schocken books, 1964. – 380 p.
3. Habib M., Nagata F., Watanabe K., Sci E. Mechatronics: Experiential Learning and the Stimulation of Thinking Skills. 2021. 11, 46. – [Electronic resource]. – Access mode: https://doi.org/10.3390/educsci11020046.
4. Malykh O., Khodkovskaya Yu. Project-based learning as an element of the university innovation ecosystem. // Schumpeterian Readings (ICSR 2021). 10th Annual International Conference. DOI: – [Electronic resource]. – Access mode: https://doi.org/10.1051/shsconf/202111600069 (Accessed: 07/23/2022).
5. Konrad T., Wiek A., Barth M. IJSHE Learning processes for interpersonal competence development in project-based sustainability courses – insights from a comparative international study. – 2021. – Vol. 22, Issue 3. – [Electronic resource]. – Access mode: https://www.emerald.com/insight/content/doi/10.1108/IJSHE-07-2020-0231/full/html.
6. Liyanage S.I.H., Netswera F.G. Journal of the Knowledge Economy Greening Universities with Mode 3 and Quintuple Helix Model of Innovation–Production of Knowledge and Innovation in Knowledge-Based Economy, Botswana (2021). – [Electronic resource]. – Access mode: https://doi.org/10.1007/s13132-021-00769-y.
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
SUBJECT ASPECT OF GNOSEOLOGICAL APPROACH IN THE PEDAGOGY OF BEING
The presented research is aimed at the theoretical substantiation of the ideological principle of the consubstantiality of the concepts of “I” and “being” as the basis of motivated interest in ontological problems among students of non-core areas. The article proposes to consider the process of studying and understanding being from the point of view of the value position, as an internal, free need of the individual, that is, as being itself. The research is based on a system-pluralistic methodological paradigm. A multilevel method is proposed as an alternative to the existing methods of teaching. The resultant result of the work, among other things (the author’s definition of the concept of “I” in relation to the direct unity with being, the discovery of the symbolic meaning of life, the identification of the specifics of subject-object relations in the process of studying the problem of being, as well as the proposed, theoretically studied and practically confirmed experience of actualization of creative and the research interest of students) consists in the implementation of the humanistic principle of subjectivity and the practical orientation of the proposed approach in the process of mastering one of the main philosophical problems. The practical significance of the research is determined by the possibility of applying the results, ideas and suggestions contained in the text in the process of studying the philosophy course both in practical (classroom and extracurricular) classes and for students’ independent work.
Keywords: being, “I”, being, being, upbringing, education, meaning, existence, subjectivity, freedom.
Reference bibliographic list
1. Bibikhin V. Mir. The language of philosophy. St. Petersburg: Azbuka, Azbuka-Antikus, 2016. 448 p.
2. Girenok F. I. Autography of language and consciousness. M.: Prospekt, 2021. 256 p.
3. Mamardashvili M. K. Lectures on ancient philosophy. St. Petersburg: Azbuka, Azbuka-Antikus, 2014. 256 p.
4. Mamardashvili M. K. Conversations about thinking. St. Petersburg: Azbuka, Azbuka-Antikus, 2019. 576 p.
5. Pascal B. Thoughts. M.: EKSMO-Press, 2000. 368 p.
6. Surikov I. Socrates. M.: Young Guard, 2011. 365 p.
7. Fedorov N. F. Works. M.: Thought, 1982. 711 p.
8. Heidegger M. Time and being M.: Respublika, 1993. 447 p.
9. Heidegger M. Kant and the problem of metaphysics. [Electronic resource]. – Access mode: https://psihdocs.ru/martin-hajdegger-kant-i-problema-metafiziki.html?page=62 (date of access: 04/21/2022).
10. Chanyshev A. N. Treatise on non-existence // Philosophy and Society. 2005. No. 1. S. 5-15.
11. Marosan B. P. Husserl’s contextualist theory of truth // HORIZON. Phenomenological research. 2020. No. 9 (1). pp. 162-183. [Electronic resource]. – Access mode: http://horizon.spb.ru/index.php?option=com_content&view=article&id=1956&Itemid=152&lang=en DOI:10.21638/2226-5260-2020-9-1-162-183 (In English) .
12. Murata-Soraci K. Sichüberlieferung: Re-moving the history of being as presence // HORIZON. Phenomenological research. 2021. No. 10 (1). pp. 61-76. [Electronic resource]. – Access mode: http://www.horizon.spb.ru/index.php?option=com_content&view=article&id=2123&Itemid=152&lang=en DOI:10.21638/2226-5260-2021-10-1-61-76 (In English).
13. Xiaohu Ma Praktisch philosophische Orientierung in Heideggers hermeneutischer Ontologie.
Hermeneia // Journal of Hermeneutics, Art Theory and Criticism. 2021. No. 26. Pp. 101-104 (in German).
PHILOSOPHY. RIGHT. SOCIETY
VINOGRADOVA Natalya Viktorovna
Ph.D. in science philosophicals, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
KHASANOVA Diana Damirovna
bachelor student of the Architectural and Construction Institute of the Ufa State Petroleum Technical University
ARTIFICIAL INTELLIGENCE: A TOOL FOR SOLVING PROBLEMS OR AN EQUAL PARTNER?
The article is devoted to the problem of the development of artificial intelligence, modern achievements and prospects in this area. The authors analyze the main areas of research and approaches to understanding the essence of artificial intelligence. Particular attention is paid to the question of the possibility or necessity of creating a robot that is identical to a person, has feelings and emotions, and is able to act as an equal social partner.
Keywords: artificial intelligence, human, thinking, consciousness, brain, neural networks
Reference bibliographic list
1. What is artificial intelligence? John McCarthy. 2007. Computer Science Department Stanford University Stanford, CA 94305. [Electronic resource]. – Access mode: http://jmc.stanford.edu/articles/whatisai/whatisai.pdf
2. Will there ever be artificial intelligence with consciousness? [Electronic resource]. – Access mode: https://hi-news.ru/computers/poyavitsya-li-kogda-nibud-iskusstvennyj-intellekt-s-soznaniem.html
3. The ex-head of Alphabet suggested not to worry about the uprising of machines in the next decade. [Electronic resource]. – Access mode: https://vc.ru/p/neural-networks (accessed 03/16/2018).
4. Boom of neural networks: Who makes neural networks, why they are needed and how much money they can bring. [Electronic resource]. – Access mode: https://www.skoltech.ru/media/bum-nejrosetej-kto-delaet-nejronnye-seti-zachem-oni-nuzhny-i-skolko-deneg-mogut-prinosit/
5. Blue Brain Project, École Polytechnique Fédérale de Lausanne – EPFL. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Blue_Brain_Project
6. “The structure of the global catastrophe. Risks of human extinction in the 21st century” Alexey Turchin. – M., 2010.
7. “Artificial intelligence – can we keep it in the box?” Huw Price. 2012
8. Will robots make good friends? Scientists are already starting to find out. [Electronic resource]. – Access mode: https://singularityhub.com/2021/02/25/will-robots-make-good-friends-scientists-are-already-starting-to-find-out/
PHILOSOPHY. RIGHT. SOCIETY
GAIDAY Maria Konstantinovna
Ph.D. in sociological sciences, associate professor, professor of Socio-economic disciplines sub-faculty of the Pedagogical Institute of the Irkutsk State University
KURILO Svetlana Nikolaevna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE FAMILY AND ITS IMPACT ON YOUTH
The article considers two main vectors of family influence on young people: positive and destructive. Being an anti-criminal factor, the family is able to have a beneficial effect on the formation and development of a young person as a person, lay the foundation for legal consciousness and respect for the law, and help reduce deviant behavior. At the same time, disbelief in the power of the law, the priority of the principle of force, criminalization and the conduct of an asocial lifestyle can begin with the family.
Keywords: family, family values, youth, preventive functions of the family, deviant behavior, juvenile delinquency.
Reference bibliographic list
1. Dikusar Ya. S. Influence of the family on the formation of deviant behavior of minors // Bulletin of the YuUrGGPU. – 2017. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-semi-na-formirovanie-deviantnogo-povedeniya-nesovershennoletnih-1 (date of access: 11/11/2022).
2. Istomina O. B., Gaidai M. K., Kakaulina E. V. Family as a primary institution of socialization: monograph / Nauch. ed. I. I. Osinsky. – Irkutsk: Irkut Publishing House, 2022. – P. 40-41.
3. Kuznetsov A. A., Kurilo S. N. Family as an object of scientific research: a modern view // Eurasian legal journal. – 2021. – No. 10 (161). – S. 533-535.
4. Lagoida N. G. The problem of stability of marriage and the growth of the number of divorces in modern society. tve // Bulletin of the Belarusian State University. – 2017. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-stabilnosti-braka-i-rosta-chisla-razvodov-v-sovremennom-obschestve (date of access: 11/16/2022).
5. Minnegaliev M.M. A dysfunctional family as a factor in the occurrence of deviant behavior in adolescents. – 2012. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/neblagopoluchnaya-semya-kak-faktor-vozniknoveniya-deviantnogo-povedeniya-podrostkov (date of access: 11/21/2022).
6. Osinsky I. I., Glykova E. V. Buryat urban family at the turn of the XX-XXI centuries. Sociological analysis. – Ulan-Ude: Buryat Publishing House. state un-ta, 2003. – S. 3.
7. Slanova A. Yu. Violence in the family as a social problem in modern Russia // Discussion. – 2015. – No. 10 (62). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nasilie-v-semie-kak-sotsialnaya-problema-v-sovremennoy-rossii (date of access: 11/12/2022).
8. Kharlamov V. S. Criminological diagnostics of family relations: posing the question // Criminology: yesterday, today, tomorrow. – 2011. – No. 22. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminologicheskaya-diagnostika-semeynyh-otnosheniy-postanovka-voprosa (date of access: 11/16/2022).
PHILOSOPHY. RIGHT. SOCIETY
KOLOSOVA Inna Viktorovna
lecturer of Administrative law and administrative activities sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
DYNAMICS OF LEGAL VALUES IN THE SOCIO-POLITICAL REALITIES OF CONTEMPORANEITY: PHILOSOPHICAL ANALYSIS
The paper examines the relationship between the legal values of modernity and political guidelines for social development. The main source of socio-political diversity of the world is the increasing importance of ethnic and confessional diversity in world politics and legal culture. It is pointed out that diversity in the socio-political sphere is associated with an increase in the role of civilizations as special unique socio-cultural complexes. It is emphasized that the civilizational confrontation that emerged at the end of the 20th century and intensified in the 21st century contributes to the diversification of the configuration of legal values. The diversity of value orientations of the legal development of various states is manifested, in particular, in addressing the issue of gender priorities in social development. A number of states, including Russia, have taken the path of supporting traditional gender relations, while the liberal West is promoting the idea of gender diversity and the legalization of same-sex marriages in the civil law field. Socio-political realities of our time contribute to the diversification of guidelines for the development of legal values: the principles for the formation of existing legal systems within certain states can differ markedly.
Keywords: social philosophy, political philosophy, law, values of law, Modern society, globalization, civilizational development, clash of civilizations.
Reference bibliographic list
1. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 214-217.
2. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
3. Benhabib S. Claims of culture. Equality and Diversity in the Global Era / Per. from English. ed. V. L. Inozemtseva. – M.: Logos, 2003. – 350 p.
4. Behruz H. Legal values in the Islamic and Western legal traditions: a comparative legal perspective // Bulletin of the University named after O. E. Kutafin (MSAL). – 2015. – No. 5 (9). – S. 152-162.
5. Many-sided globalization. Cultural diversity in the modern world / Ed. P. Berger and S. Huntington; Per. from English. V. V. Sapova, ed. M. M. Lebedeva. – M.: Aspect Press, 2004. – 379 p.
6. Kuzubova A. Yu. Legal values as a criterion for differentiating the political and legal doctrines of Russian conservatism and European liberalism of the 19th century // Gaps in Russian legislation. – 2021. – T. 14. – No. 1. – S. 18-24.
7. Huntington S. Clash of Civilizations / Per. from English. T. Velimeeva, Yu. Novikova. – M .: LLC “Publishing house ACT”, 2003. – 605 p.
PHILOSOPHY. RIGHT. SOCIETY
SEREGIN Alexey Anatoljevich
postgraduate student of Complex humanitarian sub-faculty of the Russian State Social University, editor of the Main editorial office of information and analytical programs of NTV TV Company
ANTINOMY OF WAR IN N. A. BERDYAEV’S PHILOSOPHY OF INEQUALITY
The article analyzes N. A. Berdyaev’s reflections on the war in one of his main and well-known works “The Philosophy of Inequality”. The idea of this work is highlighted – the contradictory nature of the war, its antonymic nature. It is shown that even such a phenomenon as war, which has undeniable negative connotations in most people, bringing pain and suffering, horror and death, contains a dialectical beginning. War can be turned to the highest human instincts: bravery, heroism, self-sacrifice, love of the motherland and contempt for death.
Keywords: Berdyaev, philosophy of inequality, antinomy, war, conflict, contradiction, dialectics.
Reference bibliographic list
1. Berdyaev N. A. Philosophy of inequality / Compiled and responsible. ed. O. A. Platonov. – M.: Institute of Russian Civilization, 2012. – P. 624.
2. Volkogonova O. D. Berdyaev. – M .: Young guard, 2010. – 390 p.
3. Davletshina A. M. War and faith: the problem of moral renewal in the philosophy of N. A. Berdyaev and A. A. Kersnovsky // Society: philosophy, history, culture. – 2020. – No. 12 (80). – S. 57-61.
4. Makarova A. F. Equality and inequality in the philosophy of N. A. Berdyaeva // Philosophy and Society. – 2020. – No. 2. – P. 137-154.
5. Seregin A. A. Existential philosophy of solidarity and conflict // Eurasian legal journal. – 2022. – No. 8 (171). – S. 529-530. DOI: 10.46320/2073-4506-2022-8-171-529-530.
6. Timofeev A. I. Nikolai Berdyaev: humanity and war // Solovyov Research. – 2016. – No. 1 (49). – S. 85-93.
7. Harari Yu. N. Sapiens. A Brief History of Humankind / [Per. from English. L. Summ]. – M.: Sinbad, 2020. – 520 p.
PHILOSOPHY. RIGHT. SOCIETY
SULEYMANOVA Rimma Rifkhatovna
Ph.D. in science philosophicals, associate professor of Political science and public relations sub-faculty of the Faculty of Philosophy and Sociology of the Ufa University of Science and Technology
KORNIENKO Konstantin Alexeevich
student of the 4th course of the Direction “Advertising and public relations” of the Faculty of Philosophy and Sociology, Ufa University of Science and Technology
STORYTELLING AS A PHILOSOPHICAL CONCEPT MODERN COMMUNICATION
In the modern world, storytelling as a philosophical concept modern communication is an effective and original tool for presenting information, providing the audience with an emotional and emotional experience of what is happening. Education, science, business, public speaking, marketing, and public relations are just a few of the areas where interactive storytelling technology is penetrating more and more.
Keywords: philosophical concept, media space, storytelling, corporate storytelling, multimedia storytelling, media tools, multisensory images, interactive storytelling.
Reference bibliographic list
1. Annette S. Storytelling. How to use the power of stories. Moscow: Mann, Ivanov i Ferber, 2017. 488 p.
2. Varakin V.S. Storytelling as a tool for information modeling of social reality // Social mission of journalism: realities and forecasts: materials of interuniversity. scientific-practical. conf. Arkhangelsk, 2014. S. 92-99.
3. Gopius K.P. Power of persuasion. 101 storytelling tips. M.: Piter, 2016. 128 p.
4. Jonathan G. How storytelling made us human. M.: Azbuka-Atticus, 2020. 272 p.
5. Karia A. Inspire with your speech. 23 storytelling tools from the best TED Talks speakers // Per. Poroshina T. M.: Bombora, 2021. 208 p.
6. Kranzeeva E. A. The evolution of political consciousness and behavior of women in modern Russia: dis. … for the competition. uch. step. Dr. Sociol. Sciences: M., 2022.
7. McKee R. Storynomics: Story-Based Marketing in the Post-Advertising World. M.: Alpina Publisher, 2018. 280 p.
8. Nigmatullin R. V. Illegal migration as a threat to the interests of the peoples of Russia // Legal state: theory and practice. 2019. No. 2 (56). pp. 171-176.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSCHUK Elena Andreevna
Ph.D. in science philosophicals, associate professor of Social sciences and humanities sub-faculty of the Vladimir branch of the RANEPA under the President of the Russian Federation
POST-HUSSERLIAN PHENOMENOLOGY OF POLITICS
The aggravation of the political situation in the world and the subsequent economic hardships actualize the appeal to such a hermeneutic tool as the phenomenology of Husserl, whose teaching approximates and analogizes the life worlds that seem so disunited due to interethnic, interreligious and ideological conflicts. Particular attention is paid to post-Husserlian trends in processuality, creativity, the emergence of sociocultural orders.
Keywords: phenomenology of politics, procedural phenomenology Husserl, Schutz, Ingarden, Gurvich, Lukman, Berger.
Reference bibliographic list
1. Gurvich A. Non-egological concept of consciousness // Logos. – 2003. – No. 2 (37). – S. 122-134.
2. Gurvich A. Orders of existence // Sociology of power. – 2014. – No. 1. – P. 129-162.
3. Kakabazde Z. The problem of “existential crisis” and transcendental phenomenology of E. Husserl. – Tbilisi, 1966. – 189 p.
4. Sokolova L. Yu. Phenomenological concept of M. Merleau-Ponty // Series “Thinkers”, History of Philosophy, Culture and Worldview. – St. Petersburg: St. Petersburg Philosophical Society, 2000. – C. 164-169.
5. Tymoshchuk E. A. Construction of social processes in the phenomenology of Peter Berger // The Digital Scholar: Philosopher’s Laboratory. – 2019. – T. 2. – No. 3. – P. 76-88.
6. Timoshchuk E.A. Society and communities in the phenomenology of P. Berger // What is a community? Social hermeneutics, power and media: Proceedings of the International Scientific Conference (Belgorod, October 21-22, 2019). Belgorod: LLC “Epicenter”, 2019. – P. 47-49.
7. Timoshchuk E. A. Sociocultural phenomenology of Peter Berger // Nomothetika: Philosophy. Sociology. Right. – 2020. – T. 45. – No. 4. – S. 704-710.
8. Tymoshchuk E. A. Sociocultural phenomenology of politics // XVIII International Conference “Culture, Personality, Society in the Modern World: Methodology, Experience of Empirical Research”. (March 19–20, 2015, Yekaterinburg). – Yekaterinburg: UrFU, 2015. – S. 526-536.
9. Shutaleva A. V. Constitutiveness of phenomenological contemplation // Discourse-Pi. – 2019. – No. 1 (34). – S. 29-36.
10. Gurwitsch A. The Problem of Existence in Constitutive Phenomenology // The Journal of Philosophy. – 1961. – Vol. 58. – No. 21. – P. 625-632.
11. Gurwitsch A. Some fundamental principles of constitutive phenomenology // Gurwitsch A. The collected works of Aron Gurwitsch (1901-1973). Vol. I: Constitutive phenomenology in historical perspective. – Berlin: Springer, 2009. – P. 307-329.
12. Nasu H. How is the Other Approached and Conceptualized in Terms of Schutz’s Constitutive Phenomenology of the Natural Attitude? // Human Studies. – 2005. – Volume 28. – P. 385-396.
13. Parsons A. S. Constitutive phenomenology: Schutz’s theory of the We-relation // Journal of Phenomenological Psychology. – 1973. – Volume 4 (1). – P. 331-361.
PHILOSOPHY. RIGHT. SOCIETY
VINOGRADOVA Natalya Viktorovna
Ph.D. in science philosophicals, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
KHASANOVA Diana Damirovna
bachelor student of the Architectural and Construction Institute of the Ufa State Petroleum Technical University
ROBOTS IN HUMAN LIFE: AN INDICATOR OF GROWING ALIENATION OR A WAY TO OVERCOME IT
The article raises the problem of the possibility of overcoming the socio-psychological alienation of a person with the help of “smart” robots. The authors analyze current research and survey results on the impact of technology on the state and mood of people and the prospects for using technology to reduce the feeling of loneliness.
Keywords: robot, psychological and social alienation, loneliness, emotions, friendship, social support.
Reference bibliographic list
1. Robot HiSoUR – Hi So You Are – [Electronic resource]. – Access mode: https://www.hisour.com/en/robot-43024/
2. Technology and Loneliness: Insights from the Gartner Show Floor Showdown. – [Electronic resource]. – Access mode: https://www.answerrocket.com/gartner-technology-and-loneliness/
3. Why are lonely Asians turning to robots for friendship? – [Electronic resource]. – Mode of access: https://www.scmp.com/week-asia/society/article/3004622/are-companion-robots-cure-asias-emerging-loneliness-epidemic.
4. New research reveals parent and teen divide over impact of tech on loneliness. Internet Matters Team | June 19th, 2019. – [Electronic resource]. – Mode of access: https://www.internetmatters.org/hub/news-blogs/new-research-reveals-parent-and-teen-divide-over-impact-of-tech-on-loneliness/
5. No More FOMO: Limiting Social Media Decreases Loneliness and Depression Melissa G. Hunt, Rachel Marx, Courtney Lipson and Jordyn Young Published Online: December 2018. – [Electronic resource]. – Access Mode: https://doi.org/10.1521/jscp.2018.37.10.751.
6. The Benefits of Social Technology Use Among Older Adults Are Mediated by Reduced Loneliness William J. Chopik Published Online: 1 Sep 2016. – [Electronic resource]. – Access Mode: https://doi.org/10.1089/cyber.2016.0151.
7. Technology and Loneliness: Insights from the Gartner Show Floor Showdown By Addie Lawrence. – [Electronic resource]. – Access mode: https://www.answerrocket.com/gartner-technology-and-loneliness/
8. Attitudes towards the impact of digitization and automation on daily life. Publication 10 May 2017. – [Electronic resource]. – Mode of access: https://digital-strategy.ec.europa.eu/en/news/attitudes-towards-impact-digitisation-and-automation-daily-life.
9. The Top 12 Social Companion Robots. – [Electronic resource]. – Access mode: https://medicalfuturist.com/the-top-12-social-companion-robots/
10. Hey, Alexa: Can a robot with AI or your voice assistant help you feel less lonely? Edward C. Baig USA TODAY. – [Electronic resource]. – Access mode: https://www.usatoday.com/story/tech/2019/11/08/alexa-google-assistant-ai-robots-become-substitute-friends/4057885002/
11. Social Networking Robot Actually Respects Privacy by Donald Papp. April, 9. 2018. – [Electronic resource]. – Access mode: https://hackaday.com/2018/04/09/social-networking-robot-actually-respects-privacy.
12. Here’s What Millennials Think Of Fribo, The Robot For Lonely Young People. Natalie Gil’s. January 16, 2019. – [Electronic resource]. – Access mode: https://www.refinery29.com/engb/2018/04/196309/loneliness-young-people-robot.
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PHILOSOPHY. RIGHT. SOCIETY
AVETISYAN Viktoriya Sergeevna
postgraduate student of Philosophy, law and social sciences and humanities sub-faculty of the Armavir State Pedagogical University
FEMINITIVES AS A LINGUISTIC MARKER OF THE GENDER PROBLEM IN MODERN SOCIETY
The article analyzes the main trends in modern gender word formation (feminitive nominatives) and attempts to establish a correlation between the peculiarities of the use of feminitives in the Russian language and the sociocultural processes of eliminating gender asymmetry in Russian society; typological features, problems and prospects for the introduction of feminitives into the Russian language of everyday and business communication are indicated, mechanisms for popularizing feminitives through the media are described, it is shown that the practice of education of feminitives and interest in this problem largely depends on the change in the social status of Russian women, examples of the use of feminitives in a professional and gender-role environment are considered. It is emphasized that gender changes in the Russian language can be considered legitimate, socio-culturally conditioned, natural and correlated with gender changes taking place in society. This is not just a deviation of the language, but the response of the linguistic system to the changed social and cultural conditions.
Keywords: modern society, feminitive, gender, gender, grammatical gender, feminism, androcentrism.
Reference bibliographic list
1. Romanova M.A. Elimination of gender asymmetry of the language with the help of feminitives: pros and cons // Solidarity and conflicts in modern society. Materials of scientific conference. 2018. S. 439-440.
2. Strelnikova N. D. On the issue of feminitives // Russian language in a multicultural world. Collection of scientific articles of the III International Symposium, in 2 volumes. Managing editor E. Ya. Titarenko. 2019. S. 294-302.
3. Ladygina V. I. Who can live well without feminists? // Modern scientific research and development. 2017. No. 7 (15). pp. 483-485.
4. Tishchenko Yu. G. Gender as a tool for sociological analysis // Bulletin of the South Russian State Technical University (Novocherkassk Polytechnic Institute). Series: Social and economic sciences. 2012. No. 1. S. 182-185.
5. Tsygankova A. V. Feminitives: the influence of the grammatical category of gender on cognitive perception // in the book: language: categories, functions, speech action. Proceedings of the XII international scientific conference. 2019. S. 220-223.
6. Zauer A. A. Feminitives in the Russian-speaking Internet space // Uchenye zapiski Novgorodskogo gosudarstvennogo universiteta. 2020. No. 2 (27). pp. 13-18.
7. Mazikina L. Small reference book of feminists. Moscow: Publishing Solutions, 2019. 44 p.
8. Fufaeva I. What are women called. M.: AST, 2020. 304 p.
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