CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №5(168)2022
PERSONA GRATA
S. Bakhtina:
Sustainable development and the application of the ESG principles in the advent of the 50th anniversary of the World Environmental Day «Only one earth»
An interview with Irina Sergeevna Bakhtina, Head of the Sustainable Development Directorate, United Company «RUSAL»
INTERNATIONAL LAW
Bakhnovskiy A. V.
The experience of integration of the European Court of Human Rights practice into the legal system of the Russian Federation: summing up the intermediate outcomes
Rahimli S.
Economic rights and their legislative basis. (Domestic and international instruments). Constitutional principles of restriction of economic rights and freedoms
Sypchenko A. V., Statsenko A. I.
Legal interpretation of the possible consequences of the state’s refusal from international cooperation in the context of modern military transformations
Chen Qi men
International legal problems of environmental protection in the Antarctic region
Yang H.
Problems of conflict of laws of Chinese and Russian private law and prospects for their solution
INTERNATIONAL PUBLIC LAW
Gigineyshvili M. T
Head of State Immunity: comparison of International Court of Justice and International Criminal Court practice
INTERNATIONAL PRIVATE LAW
Butakova N. A., Evgrafova I. V.
Critical issues in the drafting of contractual provisions of PPP in the field of road infrastructure development
Baboshkin A. A.
Legal status of stakeholders in the countries of continental law
Bibikov S. E.
Transformation of conflict regulation of liability of a legal entity in conditions of global challenges
Zhurbenko V. G.
Protection of the rights of the parties to the surrogacy agreement: foreign experience
Zaika D. A.
The place of the fictional character in the system of copyright objects in the United States and the Russian Federation
Padiryakov A. V.
The institutes of specific performance and damages in German law
Kharkina K. V.
Cross-border corporate agreement and internal affairs doctrine
ENERGETICAL LAW
Snetkov V. N., Yurkova O. Yu.
Historical and legal aspects of the implementation of the concept of the maritime silk road within the Arctic region of Russia
THEORY OF STATE AND LAW
Bayniyazova Z. S.
Law and information society: the value aspect of their relationship
Gribkova K. V.
Judicial practice as a source of law in Russia
Dubrovin M. A.
The state in the context of globalization challenges: an integration approach
Mikhaylik A. A.
Modern understanding of legal consciousness and its features
Sazonov I. I., Chibisov O. V.
On the issue of legal regulation of relations in the sphere of legal protection and use of the results of intellectual activity, created at the expense of the federal budget
Skudarnov A. S.
To the question of voluntariness in law
Titov V. Yu.
Analysis of the legal regulation of protest moods in the concepts of domestic lawyers
HISTORY OF STATE AND LAW
Drobyshevskiy S. A., Krasovskaya N. S., Matveeva L. S.
Lawmaking and the application of law in history
Nedzelyuk T. G.
State policy in the field of confessional education: historical aspect and Siberian specifics (based on the materials of the Russian State Historical Archive)
Silantjeva V. A., Pronina E. N.
Influence of international conferences on the development of the sanitary legislation of the Russian Empire in the second half of the 19th century
Kulikova M. S.
The fairness of a judicial decision in sociological jurisprudence
CONSTITUTIONAL LAW
Abakarov G. А., Saibulaeva S. A.
The right to life as the basis of the constitutional and legal status of the individual
Arkhipkina A. S., Kovalenko A. V.
The right to freedom of entrepreneurial activity: the scope of its implementation under restrictions
Bakhilina A. K.
Codification of environmental legislation: prospects and problems of implementation
Vedmanova E. V., Nikerov D. M.
The right to sport: from declarations to implementation
Ashitko M.
The right of the child to life as an element of the constitutional provisions that determine the demographic policy of the Republic of Belarus
Mallalieva G. H.
Problems of realization of the constitutional right to freedom of speech in the activities of the media in the territory of the Russian Federation
Ali Jihad Ammar Raad
Issues of Sharia and constitutional norms interaction in the Republic of Iraq: ad deliberandum
Belousov V. P., Mishalchenko Yu. V.
Constitutional and legal framework for the organization and activities of local government bodies in the Russian Federation and in the CIS member States
GarabeyliT. M.
Defınıtıon of child abuse and legal and related remedıes as preventive measures against it
Kurbatova G. V., Ananjeva E. O.
Features of the stages of the legislative process in foreign countries
Petrov D. G., Iljina O. Yu.
To the question of the beginning and content of the right to life
Soodonbekov A. A.
Novelties of electoral legislation Kyrgyz Republic
ADMINISTRATIVE LAW
Evsikova E. V.
Public liability: concept and features
Kulakov N. A., Temnikov A. Yu., Ermolaev V. G.
Regulation of public relations in the field of notary: public-legal aspect
Ignatjeva I. V., Zedgenizova I. I., Kirilchik E. V.
Features of the formation of legal consciousness in the business environment
Malaev A. H., Karachaev A. R.
To the question of the subject of legal regulation of administrative law
Moskalenko S. A., Lystcev B. S., Tkachuk V. N., Dmitrieva N. V.
The use by Traffic Police officers of measures to ensure the production of cases of administrative offenses in the field of road safety without the participation of witnesses: to the question of the possibility of using video recordings in the absence of witnesses
Ponomarev A. V., Rusanova S. Yu.
On the problems of legal regulation of administrative and jurisdictional competence of administrative commissions
PkhitikovR. B., Gutaev A. M.
On the issue of administrative responsibility for driving a vehicle while intoxicated
Strizhchenko I. A., Provatorov I. O.
Activities of local police commissioners for the prevention of offenses related to illicit trafficking in narcotic drugs and psychotropic substances
Urusov Z. K.
Security measures in the proceedings on cases of administrative offenses
Kalinichenko D. V.
Problems of application of measures of administrative coercion by internal affairs bodies Russian Federation
MUNICIPAL LAW
Arkhireeva A. S.
Features of legal regulation of financial control of local governments in Russia and foreign countries (municipal-legal aspect)
GalimullinaN. A., SamigullinaA. F.,GilyzovaA. I., Ramazanova I. V.
Improvement of the social infrastructure of the municipality
Salikhov H. Sh., Arslanbekova A. Z.
Powers of local self-government bodies in the sector of housing and communal services
CIVIL LAW
Ananjev O. G., Ivliev P. V.
Legal regulation of import substitution and issues of parallel import of goods
Ananjeva E. O., Kurbatova G. V.
The legal foundations of virtual life and the consequences of digitalization
GritsayD. V., KudryavtsevaL. V., OblivantsevaD. V., RotkoM. A.
Legal aspects of cryptocurrencies in the global economy
Ivanova M. S.
Ancient Roman Insulus and modern apartments: the evolution of legal regulation
Ivliev P. V., Ananjev O. G.
Legal regulation of rental legal relations
Komarevсeva I. А., Tagantseva V. S.
Оn the question of the content of the principle of freedom of will
Kondratjev P.O., Koshelyuk B.E.
Legal regulation of collection activities
Lystsev B. S., Gorelov I. P., Zakharova E. E.
Construction contract in a horticultural non-profit partnership: on the issue of concluding a contract, the quality of work, ownership rights and the risk of accidental death of the result of work
Mayorova L. G.
Liability for violation of contractual obligations under the legislation of the Russian Federation and European countries: comparative legal analysis
Smolina O. S.
Legal regulation of transactions procedure made via digital platform in the light of improvement of the Civil Code of the Russian Federation
Sukhareva E. V., Lystsev B. S., Ushenin A. A.
Contract for the provision of legal services: on the issue of the need for legal support of horticultural non-profit partnerships in the form of one-time legal services and subscription legal services
Timofeeva T. F., Timofeev V. V.
General characteristics of a trade aggregator in the Russian Federation
Maslyuk P. M.
Specifics of the ownership of religious organizations in the structure of the ROC: problems of theory and law enforcement practice
Li Yanan
General grounds for marriage termination in China
Wang W.
Jurisdiction for civil proceedings involving foreign parties in China
Evseev A. D.
Theoretical and practical aspects of the application of the principle of unity of fate in the Russian legal system
Gileva N. S.
Success fee: problems and prospects of application
Zhilkibaev S. N.
Special legal personality of a commercial organization with foreign investments in the Russian Federation and China
CIVIL PROCESS
Agarkova A. A., Beletskaya V. A., Dementeeva I. I.
Comparative analysis of the participants of the Civil process and the Arbitration process of the codes on the collection of videoconferencing systems and the web conferencing system
Kobleva M. M., Lusegenova Z. S.
Modern forms of organization of judicial activity: transition from information activity to digital
Moskovskikh A. O.
Possibilities of weak artificial intelligence in civil proceedings: realities and prospects
Sinitsyna V. A., Mitashova A. A., Dementeeva I. I.
The problems of recognizing property as ownerless and recognizing ownership of such property on the basis of judicial practice
HOUSING LAW
Kim S. A., Maslennikova L. V.
Problems of privatization of housing in the Russian Federation
Maslennikova L. V., Fedonkin Yu. N., Konovalov A. A.
Some issues of public housing control
ENTREPRENEURIAL LAW
Bakhchenyan A. S., Kudryavtseva L. V.
To the question of systematization of sources of commercial law in Russia
Deltsova N. V., Kavkaeva Yu. A.
Mediation as a way to protect the rights of entrepreneurs
LABOUR LAW
Vladimirova O. A., Lyovochkina N. V.
Problems of compensation for hiring housing for employees of the penal system
Pshizova E. N., Tkharkakho M. V.
Digitalization of the labor process: analysis of foreign legislation
FINANCIAL LAW
Abdreev T. I.
Legal regulation of monetary emission and monetary circulation of Russia in the conditions of sanctions pressure of individual countries
Deltsova N. V., Modina A. A.
On the issue of bringing the controlling persons of the debtor to subsidiary liability in the bankruptcy of credit institutions
Shapsugova M. D.
On the mobilization of financial resources of the organization through the establishment of profit distribution standards in order to implement the principles of the mobilization economy
TAX LAW
Dibirov Yu. S., Gapaev I. G.
Control work of tax authorities
Evsikova E. V., Volkova I. Yu.
Peculiarities of taxation in the free economic zone on the territory of the Republic of Crimea
Stepanova M. N.
The main problems of regulation of legal liability for non-payment of taxes in the Russian Federation
Tsoy V. R.
Taxation of luxury property in Russia and Italy
Dibirov Yu. S., Yakubova Z. S.
Regulatory regulation and conditions of application of the simplified taxation system
ECOLOGICAL LAW
Ermolina M. A., Lukashov M. S.
Forest fires on the territory of the Russian Federation: problems and methods of solution
Karev D. A., Mahmudov M. S.
Opportunities for the creation of the Environmental Code
CRIMINAL LAW
Abazov A. B., Vagapova R. R., Zhuravlev A. S.
Analysis of fraud in the field of lending
Alyshev S. S.
Current trends in criminal law education in the system of measures to prevent juvenile delinquency
Belyakov A. V., Bondarenko S. V.
Some problems of theft and fraud qualification
Ibragimova Kh. A.
The death penalty and its impact on prevention, crime prevention
Al Hammoud Ibrahim Arif Abdulhussain, Kassab Mohammed Salah Hadi
Government countermeasures and anti-corruption efforts in Egypt
Gadzhieva P. D., Ibragimov M. A., Rajabova R. V.
Topical issues of prevention of deviant behavior of minors in the conditions of the educational space of the school
Magomedov H. B., Makhmudov K. Sh., Tailova A. G.,
Encroachment on the life of two or more persons and special cruelty as qualifying signs in crimes against life
Rastoropov S. V., Pantyushina A. I.
Features of the construction of the subjective side of the crime under Article 207.2 of the Criminal Code of the Russian Federation
Selezneva N. A., Kabakha Mahdi F. M.
The significance of provocation in murder cases under Jordanian law
Shugaibova S. Sh., Marianov A. A.
Problems of involving a minor in the commission of a crime
Sirotkina T. G.
Characteristics of the personality of a minor who has committed crimes of an extremist orientation
Al Hammoud Ibrahim Arif Abdulhussain
Responsibility for corruption in Egypt
Vorzhev I. S.
Criminal responsibility for violation of inviolability of housing in the legislation of foreign countries
Zorina N. S.
Features of educational work with juvenile convicts in penitentiary institutions
Koshelev R. I.
The precedence of public danger in sports
Rastoropov S. V., Gorshkova N. A.
Theoretical and applied analysis of penalization of crimes committed in various forms of failure to provide assistance and leaving in danger
Strakhov I. A.
On certain issues of criminal liability arising when obstructing the legitimate activities of a proxy
Yundina M. A.
Analysis of the crime of mercenarism and its relationship with the concept of «war crimes»
CRIMINAL PROCESS
Abakumov E.S.
Organizational issues of the use of electronic document management in pre-trial proceedings
Abdullozoda P. S.
Procedural order for the surrender of persons sentenced to imprisonment to the foreign state to serve punishment on the example of post-soviet countries
Zavgorodneva E. V.
Reflections on the reasons for the special criminal proceedings against certain categories of persons
Ivanova O. G., Nedbaylov P. A.
The procedure for collecting digital information in criminal proceedings
Kleshchev S. V.
Methods of countering cybercrime in the United States
Lyubimova A. A.
Arrest of non-cash funds of the suspect, accused as a way of protection of the property rights of victims: features of realization
Mustafina G. M., Melnikova A. S.
The ratio of operational-investigative and criminal-procedural legislation in obtaining samples for comparative research
Nazarkin E. V., Suleymanov T. A., Danilova I. Yu., Maslennikova E. A.
Features of preparation and verification of testimony on the spot during the investigation of the disorganization of the activities of institutions providing isolation from society
Nguyen T. T.
Specialized family and juvenile court in Vietnam
Radneva E. G., Savchenko I. G.
Separate problems of realization of the right to defense at the present stage of development of criminal proceedings
Safonov A. A., Bondareva I. O.
General conditions of interrogation
Sokolov Yu. N.
Electronic protocol of procedural action in criminal proceedings: «pros» and «cons»
Sochivko O. I., Plotkin D. M.
The use of hypnosis during the investigation of crimes
Slyusarenko E.S.
Observance of the rights of participants in criminal proceedings when making a decision to suspend proceedings in a criminal case
Tokareva E. V., Chasovnikova О. G.
Topical issues arising at the conclusion of a pre-trial cooperation agreement
Trifonova C. A.
Activities of a trial investigator to identify subsequent videoconferencing: criminal procedural and forensic aspects
Fayrushina R. D., Imaeva Yu. B.
The role of the translator during the investigation of criminal cases by the bodies of inquiry
Bui Cong Phu, Nguyen Duc Trung
Right to silence of legal entities as accused in Vietnam
Mutulova A. S., Kandueva B. D., Sanjieva V. N., Chetyrova G. N.
Some issues of the expert’s activity in criminal proceedings
Bui Sy Nam
Adapting international conventions on establishment of legal entities’ criminal liability to Vietnam’s Criminal Code
Kerimova A. R.
Problematic aspects of the application of the prohibition of certain actions
Romanova N. L., Tatarnikov V. G., Kalandarishvili Hh. A., Tolstikhina A. N.
Modern problems of interaction between employees of investigative and operational units in the production of investigative actions
Sirotinin D. A.
Some procedural aspects of the participation of a forensic investigator in investigative actions conducted using video conferencing
Chasovnikova О. G., Tokareva E. V.
The place of the pre-trial cooperation agreement in the system of foreign countries
CRIMINAL-EXECUTIVE LAW
Golubtsova K. I., Zinkov E. N.
The welfare state and the penal system: interaction issues
Minkova E. A.
Determination of corruption-related crimes in the penal system
Suleymanov T. A., Nazarkin E. V., Danilova I. Yu., Zharko N. V.
The practice of compulsory treatment during the period of serving a sentence by a convicted person
Zinkov E. N., Golubtsova K. I.
Organizational aspects of social protection of employees of the department of protection of the penal system
JUDICIARY
Tyabina Yu. A., Kochkina O. V.
Information technologies in criminal proceedings
Sardarov J. R.
Influence of the pandemic on the formation of the digital court proceedings
CRIMINALISTICS
Osipov D. D.
Features of legal regulation of private detective activity in the Russian Federation at the present stage
Poziy V. S.
Features of criminalistic characteristics of vandalism
Khanova A. A.
Participation of a specialist in the investigation of criminal cases of sexual procedures against minors and minors
CRIMINOLOGY
Alimpiev S. A., Falkina T. Yu.
General social prevention of involvement of minors in the commission of antisocial actions: current state and problems
Mursalimov A. T.
Criminological analysis of crime in the sphere of crediting
Chernyshov V. V.
Crime forecasting: goals, state and problems of development
LAW ENFORCEMENT AGENCIES
Aliev S. I., Tailova A. G., Idrisova A. J.
The main directions of prosecutorial and judicial cooperation in the fight against organized crime (the experience of the European Union)
Kim V. O., Ivashchenko Yu. V.
Actual problems of physical training of employees of internal affairs bodies and ways to solve them
Manukyan A. R.
Some aspects of transportation and accompanying a protected person within the framework of state protection
Redkina E. N., Nemtsurova E. M.
Electronic justice: concept, ideas and its origin in the Russian Federation
Tingaeva I. V.
Current issues of improving training of employees for preliminary investigation bodies
Shirshov B. V.
Actual problems of the legal foundations of police activity at the present stage
Manukyan A. R.
The concept, tasks and functions of the internal affairs bodies as an executive authority
SECURITY AND LAW
Bondar A. G., Kumysheva M. K.
On the issue of improving the administrative and tort legislation of the Russian Federation
Kovalenko E. V., Kodzov A. B.
Preventive measures to counter radicalism and extremism in the youth environment
Hidirzoda M. U.
Ideological security in the general system of national security
PEDAGOGY AND LAW
Andreeva L. M., Zinnatullin V. V.
Formation of students’ communicative competence in the application of the project method of teaching at the university
Grogulenko N. V., Levashov D. A.
The significance of “digital competences” of specialists for the development of information technologies at oil and gas enterprises
Krachinskaya O. V.
Didactics as a science: formation and development
Khisamutdinova Yu. V., Khisamutdinov I. R., Latypova E. R.
Communicative techniques for implementing a strategy of evasion in diplomatic communication
STATE AND LAW
Korobova A. P., Krisko V. N.
On the issue of the distribution of powers between the authorities of the Russian Federation and its subjects
Lanovoy V. G.
The state and its sovereignty in the context of the globalization process
POLICY AND LAW
Kiselyova Z. A., Mayatskaya O. B.
Features and prospects of relations of the state and religion
Petrogradskaya A. A.
Topical issues of municipal youth policy at the present stage
Pripechkin V. V.
The work, goodness and glory of Peter I in the transformation of Russia
Abdinov I. E.
Russian engagement in Shanghai Cooperation Organization: motives and current situation
SOCIOLOGY AND LAW
Bogdanova Yu. Z., Korolevskikh A. N.
Rural community about national ideas and goals of Russia
Dautova T. A.
Gender representation in public authorities of the Russian Federation
Petrovskiy E. I., Lashchenov M. S.
The contribution of the Public Councils under the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow to the cause of law and order in the capital
Rakhmatullina Z. B., Kovrov V. F.
Problems of adaptation and increasing accessibility of cultural heritage for people with disabilities
Fayzullin F. S., Fayzullin I. F.
The role of educational potential in the formation and development of the human capital of the region
LANGUAGE AND LAW
Lysenko N. A., Molchanova S. E.
Classical conception of legal formalism in western legal science
Lysenko N. A., Molchanova S. E.
Modern understanding of legal formalism in western legal science
ECONOMY. LAW. SOCIETY
Kazarina V. V.
Re-engineering of business processes in a furniture enterprise
Kvitchuk M. A., Kvitchuk A. S.
Economic security and circulation of digital currencies
Kostyleva E. G., Zaripova D. R., Mazitova A. A.
Strategic planning and management of the oil and gas industry and the Russian economy
Makar S. V., Khakimov R. M., Hristodulo D. A.
Functional and economic durability of oil and gas industry facilities
MukhamadievaE. F., GalimullinaG. R., GalimullinaN. A., Gilyzova A. I.
Improving the personnel management of a public institution
Potapov A. N.
Education of moral behavior of cadets of departmental universities of the Federal Penitentiary Service of Russia
Suslov Yu. E., Suslov E. Yu., Stankeev A. I.
Development of the organization’s competencies in project management
Khalikova E. A., Borovkova E. A.
Analytical tools for financial project management at the enterprise
Aldatov K. B.
Government support of innovations in Brazil and India
Nigmatullin Sh. I.
Analysis of the development of innovation processes in the region
Kizko I. P.
Corporate life cycle: the distribution on the Russian market
Pyatak N. A.
Modern forms of airport ownership and airport’s management
PHILOSOPHY. LAW. SOCIETY
Valeev R. S., Mayatskaya O. B.
Features and prospects of relations of the state and religion
Vildanov Kh. S., Gaynullin R. A.
The problem of existential threats and axiological security of multinational and polycultural Russia
Vezlomtsev V. E., Makarova V. V.
Corruption, democracy, economy and environmental well-being
Vinogradova N. V., Khasanova D. D.
Philosophy in architecture
Gofman A. A., Timoschuk A. S.
“The valiant Ukrainians continue to retreat boldly, while the cruel and greedy Russians cowardly advance”: the destruction of non-classical communicative reality as a result of SWO
Mukhtyarova N. Kh., Savina V. V., Shipilov A. G.
Personal resources of civic identity in modern Russia
Parilov O. V., Sobko R. V., Vorokhobov A. V., Spirin V. K.
The role of the Mason S. E. Desnitsky in education and liberalization of the Russian society
Sirin S. A.
Socio-philosophical reasons for the origin and development of legal nihilism in modern Russia
Solovjeva A. V.
Technologies of patriotic education of future lawyers in modern conditions
Khamidulin A. M.
Philosophical and theological analysis of the foundations of religious art (on the example of the Christian tradition)
Khomich N. V., Bodyak M. G.
Socio-philosophical interpretation of “conditionality” as a universal category
Yakimov R. V.
The development of the ideas of human-centrism in the Middle Ages and the Renaissance
S. Bakhtina:
Sustainable development and the application of the ESG principles in the advent of the 50th anniversary of the World Environmental Day «Only one earth»
An interview with Irina Sergeevna Bakhtina, Head of the Sustainable Development Directorate, United Company «RUSAL»
INTERNATIONAL LAW
Bakhnovskiy A. V.
The experience of integration of the European Court of Human Rights practice into the legal system of the Russian Federation: summing up the intermediate outcomes
Rahimli S.
Economic rights and their legislative basis. (Domestic and international instruments). Constitutional principles of restriction of economic rights and freedoms
Sypchenko A. V., Statsenko A. I.
Legal interpretation of the possible consequences of the state’s refusal from international cooperation in the context of modern military transformations
Chen Qi men
International legal problems of environmental protection in the Antarctic region
Yang H.
Problems of conflict of laws of Chinese and Russian private law and prospects for their solution
INTERNATIONAL PUBLIC LAW
Gigineyshvili M. T
Head of State Immunity: comparison of International Court of Justice and International Criminal Court practice
INTERNATIONAL PRIVATE LAW
Butakova N. A., Evgrafova I. V.
Critical issues in the drafting of contractual provisions of PPP in the field of road infrastructure development
Baboshkin A. A.
Legal status of stakeholders in the countries of continental law
Bibikov S. E.
Transformation of conflict regulation of liability of a legal entity in conditions of global challenges
Zhurbenko V. G.
Protection of the rights of the parties to the surrogacy agreement: foreign experience
Zaika D. A.
The place of the fictional character in the system of copyright objects in the United States and the Russian Federation
Padiryakov A. V.
The institutes of specific performance and damages in German law
Kharkina K. V.
Cross-border corporate agreement and internal affairs doctrine
ENERGETICAL LAW
Snetkov V. N., Yurkova O. Yu.
Historical and legal aspects of the implementation of the concept of the maritime silk road within the Arctic region of Russia
THEORY OF STATE AND LAW
Bayniyazova Z. S.
Law and information society: the value aspect of their relationship
Gribkova K. V.
Judicial practice as a source of law in Russia
Dubrovin M. A.
The state in the context of globalization challenges: an integration approach
Mikhaylik A. A.
Modern understanding of legal consciousness and its features
Sazonov I. I., Chibisov O. V.
On the issue of legal regulation of relations in the sphere of legal protection and use of the results of intellectual activity, created at the expense of the federal budget
Skudarnov A. S.
To the question of voluntariness in law
Titov V. Yu.
Analysis of the legal regulation of protest moods in the concepts of domestic lawyers
HISTORY OF STATE AND LAW
Drobyshevskiy S. A., Krasovskaya N. S., Matveeva L. S.
Lawmaking and the application of law in history
Nedzelyuk T. G.
State policy in the field of confessional education: historical aspect and Siberian specifics (based on the materials of the Russian State Historical Archive)
Silantjeva V. A., Pronina E. N.
Influence of international conferences on the development of the sanitary legislation of the Russian Empire in the second half of the 19th century
Kulikova M. S.
The fairness of a judicial decision in sociological jurisprudence
CONSTITUTIONAL LAW
Abakarov G. А., Saibulaeva S. A.
The right to life as the basis of the constitutional and legal status of the individual
Arkhipkina A. S., Kovalenko A. V.
The right to freedom of entrepreneurial activity: the scope of its implementation under restrictions
Bakhilina A. K.
Codification of environmental legislation: prospects and problems of implementation
Vedmanova E. V., Nikerov D. M.
The right to sport: from declarations to implementation
Ashitko M.
The right of the child to life as an element of the constitutional provisions that determine the demographic policy of the Republic of Belarus
Mallalieva G. H.
Problems of realization of the constitutional right to freedom of speech in the activities of the media in the territory of the Russian Federation
Ali Jihad Ammar Raad
Issues of Sharia and constitutional norms interaction in the Republic of Iraq: ad deliberandum
Belousov V. P., Mishalchenko Yu. V.
Constitutional and legal framework for the organization and activities of local government bodies in the Russian Federation and in the CIS member States
GarabeyliT. M.
Defınıtıon of child abuse and legal and related remedıes as preventive measures against it
Kurbatova G. V., Ananjeva E. O.
Features of the stages of the legislative process in foreign countries
Petrov D. G., Iljina O. Yu.
To the question of the beginning and content of the right to life
Soodonbekov A. A.
Novelties of electoral legislation Kyrgyz Republic
ADMINISTRATIVE LAW
Evsikova E. V.
Public liability: concept and features
Kulakov N. A., Temnikov A. Yu., Ermolaev V. G.
Regulation of public relations in the field of notary: public-legal aspect
Ignatjeva I. V., Zedgenizova I. I., Kirilchik E. V.
Features of the formation of legal consciousness in the business environment
Malaev A. H., Karachaev A. R.
To the question of the subject of legal regulation of administrative law
Moskalenko S. A., Lystcev B. S., Tkachuk V. N., Dmitrieva N. V.
The use by Traffic Police officers of measures to ensure the production of cases of administrative offenses in the field of road safety without the participation of witnesses: to the question of the possibility of using video recordings in the absence of witnesses
Ponomarev A. V., Rusanova S. Yu.
On the problems of legal regulation of administrative and jurisdictional competence of administrative commissions
PkhitikovR. B., Gutaev A. M.
On the issue of administrative responsibility for driving a vehicle while intoxicated
Strizhchenko I. A., Provatorov I. O.
Activities of local police commissioners for the prevention of offenses related to illicit trafficking in narcotic drugs and psychotropic substances
Urusov Z. K.
Security measures in the proceedings on cases of administrative offenses
Kalinichenko D. V.
Problems of application of measures of administrative coercion by internal affairs bodies Russian Federation
MUNICIPAL LAW
Arkhireeva A. S.
Features of legal regulation of financial control of local governments in Russia and foreign countries (municipal-legal aspect)
GalimullinaN. A., SamigullinaA. F.,GilyzovaA. I., Ramazanova I. V.
Improvement of the social infrastructure of the municipality
Salikhov H. Sh., Arslanbekova A. Z.
Powers of local self-government bodies in the sector of housing and communal services
CIVIL LAW
Ananjev O. G., Ivliev P. V.
Legal regulation of import substitution and issues of parallel import of goods
Ananjeva E. O., Kurbatova G. V.
The legal foundations of virtual life and the consequences of digitalization
GritsayD. V., KudryavtsevaL. V., OblivantsevaD. V., RotkoM. A.
Legal aspects of cryptocurrencies in the global economy
Ivanova M. S.
Ancient Roman Insulus and modern apartments: the evolution of legal regulation
Ivliev P. V., Ananjev O. G.
Legal regulation of rental legal relations
Komarevсeva I. А., Tagantseva V. S.
Оn the question of the content of the principle of freedom of will
Kondratjev P.O., Koshelyuk B.E.
Legal regulation of collection activities
Lystsev B. S., Gorelov I. P., Zakharova E. E.
Construction contract in a horticultural non-profit partnership: on the issue of concluding a contract, the quality of work, ownership rights and the risk of accidental death of the result of work
Mayorova L. G.
Liability for violation of contractual obligations under the legislation of the Russian Federation and European countries: comparative legal analysis
Smolina O. S.
Legal regulation of transactions procedure made via digital platform in the light of improvement of the Civil Code of the Russian Federation
Sukhareva E. V., Lystsev B. S., Ushenin A. A.
Contract for the provision of legal services: on the issue of the need for legal support of horticultural non-profit partnerships in the form of one-time legal services and subscription legal services
Timofeeva T. F., Timofeev V. V.
General characteristics of a trade aggregator in the Russian Federation
Maslyuk P. M.
Specifics of the ownership of religious organizations in the structure of the ROC: problems of theory and law enforcement practice
Li Yanan
General grounds for marriage termination in China
Wang W.
Jurisdiction for civil proceedings involving foreign parties in China
Evseev A. D.
Theoretical and practical aspects of the application of the principle of unity of fate in the Russian legal system
Gileva N. S.
Success fee: problems and prospects of application
Zhilkibaev S. N.
Special legal personality of a commercial organization with foreign investments in the Russian Federation and China
CIVIL PROCESS
Agarkova A. A., Beletskaya V. A., Dementeeva I. I.
Comparative analysis of the participants of the Civil process and the Arbitration process of the codes on the collection of videoconferencing systems and the web conferencing system
Kobleva M. M., Lusegenova Z. S.
Modern forms of organization of judicial activity: transition from information activity to digital
Moskovskikh A. O.
Possibilities of weak artificial intelligence in civil proceedings: realities and prospects
Sinitsyna V. A., Mitashova A. A., Dementeeva I. I.
The problems of recognizing property as ownerless and recognizing ownership of such property on the basis of judicial practice
HOUSING LAW
Kim S. A., Maslennikova L. V.
Problems of privatization of housing in the Russian Federation
Maslennikova L. V., Fedonkin Yu. N., Konovalov A. A.
Some issues of public housing control
ENTREPRENEURIAL LAW
Bakhchenyan A. S., Kudryavtseva L. V.
To the question of systematization of sources of commercial law in Russia
Deltsova N. V., Kavkaeva Yu. A.
Mediation as a way to protect the rights of entrepreneurs
LABOUR LAW
Vladimirova O. A., Lyovochkina N. V.
Problems of compensation for hiring housing for employees of the penal system
Pshizova E. N., Tkharkakho M. V.
Digitalization of the labor process: analysis of foreign legislation
FINANCIAL LAW
Abdreev T. I.
Legal regulation of monetary emission and monetary circulation of Russia in the conditions of sanctions pressure of individual countries
Deltsova N. V., Modina A. A.
On the issue of bringing the controlling persons of the debtor to subsidiary liability in the bankruptcy of credit institutions
Shapsugova M. D.
On the mobilization of financial resources of the organization through the establishment of profit distribution standards in order to implement the principles of the mobilization economy
TAX LAW
Dibirov Yu. S., Gapaev I. G.
Control work of tax authorities
Evsikova E. V., Volkova I. Yu.
Peculiarities of taxation in the free economic zone on the territory of the Republic of Crimea
Stepanova M. N.
The main problems of regulation of legal liability for non-payment of taxes in the Russian Federation
Tsoy V. R.
Taxation of luxury property in Russia and Italy
Dibirov Yu. S., Yakubova Z. S.
Regulatory regulation and conditions of application of the simplified taxation system
ECOLOGICAL LAW
Ermolina M. A., Lukashov M. S.
Forest fires on the territory of the Russian Federation: problems and methods of solution
Karev D. A., Mahmudov M. S.
Opportunities for the creation of the Environmental Code
CRIMINAL LAW
Abazov A. B., Vagapova R. R., Zhuravlev A. S.
Analysis of fraud in the field of lending
Alyshev S. S.
Current trends in criminal law education in the system of measures to prevent juvenile delinquency
Belyakov A. V., Bondarenko S. V.
Some problems of theft and fraud qualification
Ibragimova Kh. A.
The death penalty and its impact on prevention, crime prevention
Al Hammoud Ibrahim Arif Abdulhussain, Kassab Mohammed Salah Hadi
Government countermeasures and anti-corruption efforts in Egypt
Gadzhieva P. D., Ibragimov M. A., Rajabova R. V.
Topical issues of prevention of deviant behavior of minors in the conditions of the educational space of the school
Magomedov H. B., Makhmudov K. Sh., Tailova A. G.,
Encroachment on the life of two or more persons and special cruelty as qualifying signs in crimes against life
Rastoropov S. V., Pantyushina A. I.
Features of the construction of the subjective side of the crime under Article 207.2 of the Criminal Code of the Russian Federation
Selezneva N. A., Kabakha Mahdi F. M.
The significance of provocation in murder cases under Jordanian law
Shugaibova S. Sh., Marianov A. A.
Problems of involving a minor in the commission of a crime
Sirotkina T. G.
Characteristics of the personality of a minor who has committed crimes of an extremist orientation
Al Hammoud Ibrahim Arif Abdulhussain
Responsibility for corruption in Egypt
Vorzhev I. S.
Criminal responsibility for violation of inviolability of housing in the legislation of foreign countries
Zorina N. S.
Features of educational work with juvenile convicts in penitentiary institutions
Koshelev R. I.
The precedence of public danger in sports
Rastoropov S. V., Gorshkova N. A.
Theoretical and applied analysis of penalization of crimes committed in various forms of failure to provide assistance and leaving in danger
Strakhov I. A.
On certain issues of criminal liability arising when obstructing the legitimate activities of a proxy
Yundina M. A.
Analysis of the crime of mercenarism and its relationship with the concept of «war crimes»
CRIMINAL PROCESS
Abakumov E.S.
Organizational issues of the use of electronic document management in pre-trial proceedings
Abdullozoda P. S.
Procedural order for the surrender of persons sentenced to imprisonment to the foreign state to serve punishment on the example of post-soviet countries
Zavgorodneva E. V.
Reflections on the reasons for the special criminal proceedings against certain categories of persons
Ivanova O. G., Nedbaylov P. A.
The procedure for collecting digital information in criminal proceedings
Kleshchev S. V.
Methods of countering cybercrime in the United States
Lyubimova A. A.
Arrest of non-cash funds of the suspect, accused as a way of protection of the property rights of victims: features of realization
Mustafina G. M., Melnikova A. S.
The ratio of operational-investigative and criminal-procedural legislation in obtaining samples for comparative research
Nazarkin E. V., Suleymanov T. A., Danilova I. Yu., Maslennikova E. A.
Features of preparation and verification of testimony on the spot during the investigation of the disorganization of the activities of institutions providing isolation from society
Nguyen T. T.
Specialized family and juvenile court in Vietnam
Radneva E. G., Savchenko I. G.
Separate problems of realization of the right to defense at the present stage of development of criminal proceedings
Safonov A. A., Bondareva I. O.
General conditions of interrogation
Sokolov Yu. N.
Electronic protocol of procedural action in criminal proceedings: «pros» and «cons»
Sochivko O. I., Plotkin D. M.
The use of hypnosis during the investigation of crimes
Slyusarenko E.S.
Observance of the rights of participants in criminal proceedings when making a decision to suspend proceedings in a criminal case
Tokareva E. V., Chasovnikova О. G.
Topical issues arising at the conclusion of a pre-trial cooperation agreement
Trifonova C. A.
Activities of a trial investigator to identify subsequent videoconferencing: criminal procedural and forensic aspects
Fayrushina R. D., Imaeva Yu. B.
The role of the translator during the investigation of criminal cases by the bodies of inquiry
Bui Cong Phu, Nguyen Duc Trung
Right to silence of legal entities as accused in Vietnam
Mutulova A. S., Kandueva B. D., Sanjieva V. N., Chetyrova G. N.
Some issues of the expert’s activity in criminal proceedings
Bui Sy Nam
Adapting international conventions on establishment of legal entities’ criminal liability to Vietnam’s Criminal Code
Kerimova A. R.
Problematic aspects of the application of the prohibition of certain actions
Romanova N. L., Tatarnikov V. G., Kalandarishvili Hh. A., Tolstikhina A. N.
Modern problems of interaction between employees of investigative and operational units in the production of investigative actions
Sirotinin D. A.
Some procedural aspects of the participation of a forensic investigator in investigative actions conducted using video conferencing
Chasovnikova О. G., Tokareva E. V.
The place of the pre-trial cooperation agreement in the system of foreign countries
CRIMINAL-EXECUTIVE LAW
Golubtsova K. I., Zinkov E. N.
The welfare state and the penal system: interaction issues
Minkova E. A.
Determination of corruption-related crimes in the penal system
Suleymanov T. A., Nazarkin E. V., Danilova I. Yu., Zharko N. V.
The practice of compulsory treatment during the period of serving a sentence by a convicted person
Zinkov E. N., Golubtsova K. I.
Organizational aspects of social protection of employees of the department of protection of the penal system
JUDICIARY
Tyabina Yu. A., Kochkina O. V.
Information technologies in criminal proceedings
Sardarov J. R.
Influence of the pandemic on the formation of the digital court proceedings
CRIMINALISTICS
Osipov D. D.
Features of legal regulation of private detective activity in the Russian Federation at the present stage
Poziy V. S.
Features of criminalistic characteristics of vandalism
Khanova A. A.
Participation of a specialist in the investigation of criminal cases of sexual procedures against minors and minors
CRIMINOLOGY
Alimpiev S. A., Falkina T. Yu.
General social prevention of involvement of minors in the commission of antisocial actions: current state and problems
Mursalimov A. T.
Criminological analysis of crime in the sphere of crediting
Chernyshov V. V.
Crime forecasting: goals, state and problems of development
LAW ENFORCEMENT AGENCIES
Aliev S. I., Tailova A. G., Idrisova A. J.
The main directions of prosecutorial and judicial cooperation in the fight against organized crime (the experience of the European Union)
Kim V. O., Ivashchenko Yu. V.
Actual problems of physical training of employees of internal affairs bodies and ways to solve them
Manukyan A. R.
Some aspects of transportation and accompanying a protected person within the framework of state protection
Redkina E. N., Nemtsurova E. M.
Electronic justice: concept, ideas and its origin in the Russian Federation
Tingaeva I. V.
Current issues of improving training of employees for preliminary investigation bodies
Shirshov B. V.
Actual problems of the legal foundations of police activity at the present stage
Manukyan A. R.
The concept, tasks and functions of the internal affairs bodies as an executive authority
SECURITY AND LAW
Bondar A. G., Kumysheva M. K.
On the issue of improving the administrative and tort legislation of the Russian Federation
Kovalenko E. V., Kodzov A. B.
Preventive measures to counter radicalism and extremism in the youth environment
Hidirzoda M. U.
Ideological security in the general system of national security
PEDAGOGY AND LAW
Andreeva L. M., Zinnatullin V. V.
Formation of students’ communicative competence in the application of the project method of teaching at the university
Grogulenko N. V., Levashov D. A.
The significance of “digital competences” of specialists for the development of information technologies at oil and gas enterprises
Krachinskaya O. V.
Didactics as a science: formation and development
Khisamutdinova Yu. V., Khisamutdinov I. R., Latypova E. R.
Communicative techniques for implementing a strategy of evasion in diplomatic communication
STATE AND LAW
Korobova A. P., Krisko V. N.
On the issue of the distribution of powers between the authorities of the Russian Federation and its subjects
Lanovoy V. G.
The state and its sovereignty in the context of the globalization process
POLICY AND LAW
Kiselyova Z. A., Mayatskaya O. B.
Features and prospects of relations of the state and religion
Petrogradskaya A. A.
Topical issues of municipal youth policy at the present stage
Pripechkin V. V.
The work, goodness and glory of Peter I in the transformation of Russia
Abdinov I. E.
Russian engagement in Shanghai Cooperation Organization: motives and current situation
SOCIOLOGY AND LAW
Bogdanova Yu. Z., Korolevskikh A. N.
Rural community about national ideas and goals of Russia
Dautova T. A.
Gender representation in public authorities of the Russian Federation
Petrovskiy E. I., Lashchenov M. S.
The contribution of the Public Councils under the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow to the cause of law and order in the capital
Rakhmatullina Z. B., Kovrov V. F.
Problems of adaptation and increasing accessibility of cultural heritage for people with disabilities
Fayzullin F. S., Fayzullin I. F.
The role of educational potential in the formation and development of the human capital of the region
LANGUAGE AND LAW
Lysenko N. A., Molchanova S. E.
Classical conception of legal formalism in western legal science
Lysenko N. A., Molchanova S. E.
Modern understanding of legal formalism in western legal science
ECONOMY. LAW. SOCIETY
Kazarina V. V.
Re-engineering of business processes in a furniture enterprise
Kvitchuk M. A., Kvitchuk A. S.
Economic security and circulation of digital currencies
Kostyleva E. G., Zaripova D. R., Mazitova A. A.
Strategic planning and management of the oil and gas industry and the Russian economy
Makar S. V., Khakimov R. M., Hristodulo D. A.
Functional and economic durability of oil and gas industry facilities
MukhamadievaE. F., GalimullinaG. R., GalimullinaN. A., Gilyzova A. I.
Improving the personnel management of a public institution
Potapov A. N.
Education of moral behavior of cadets of departmental universities of the Federal Penitentiary Service of Russia
Suslov Yu. E., Suslov E. Yu., Stankeev A. I.
Development of the organization’s competencies in project management
Khalikova E. A., Borovkova E. A.
Analytical tools for financial project management at the enterprise
Aldatov K. B.
Government support of innovations in Brazil and India
Nigmatullin Sh. I.
Analysis of the development of innovation processes in the region
Kizko I. P.
Corporate life cycle: the distribution on the Russian market
Pyatak N. A.
Modern forms of airport ownership and airport’s management
PHILOSOPHY. LAW. SOCIETY
Valeev R. S., Mayatskaya O. B.
Features and prospects of relations of the state and religion
Vildanov Kh. S., Gaynullin R. A.
The problem of existential threats and axiological security of multinational and polycultural Russia
Vezlomtsev V. E., Makarova V. V.
Corruption, democracy, economy and environmental well-being
Vinogradova N. V., Khasanova D. D.
Philosophy in architecture
Gofman A. A., Timoschuk A. S.
“The valiant Ukrainians continue to retreat boldly, while the cruel and greedy Russians cowardly advance”: the destruction of non-classical communicative reality as a result of SWO
Mukhtyarova N. Kh., Savina V. V., Shipilov A. G.
Personal resources of civic identity in modern Russia
Parilov O. V., Sobko R. V., Vorokhobov A. V., Spirin V. K.
The role of the Mason S. E. Desnitsky in education and liberalization of the Russian society
Sirin S. A.
Socio-philosophical reasons for the origin and development of legal nihilism in modern Russia
Solovjeva A. V.
Technologies of patriotic education of future lawyers in modern conditions
Khamidulin A. M.
Philosophical and theological analysis of the foundations of religious art (on the example of the Christian tradition)
Khomich N. V., Bodyak M. G.
Socio-philosophical interpretation of “conditionality” as a universal category
Yakimov R. V.
The development of the ideas of human-centrism in the Middle Ages and the Renaissance
INTERNATIONAL LAW
BAKHNOVSKIY Aleksandr Viktorovich
Ph.D. in Law, associate professor of International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
THE EXPERIENCE OF INTEGRATION OF THE EUROPEAN COURT OF HUMAN RIGHTS PRACTICE INTO THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION: SUMMING UP THE INTERMEDIATE OUTCOMES
In this study the author examines the genesis of interaction between the European Court of Human Rights (ECHR) and the Russian Federation as a prerequisite for membership in the Council of Europe. The author analyzes the key acts of the Supreme and Constitutional Courts of the Russian Federation, which contain references to the need to take into account the practice of the ECHR, including complaints against other member states of the Council of Europe; presents conclusions on cases against Russia, where the ECHR has repeatedly pointed to systemic problems or insisted on changes in the current national law.
The paper focuses on the fundamental breakdown of interaction between the Constitutional Court of the Russian Federation and the ECHR after the latter’s consideration of the case «Anchugov and Gladkov v. Russia»: a chronology of changes in the practice of the Constitutional Court, amendments to the Federal Constitutional Law “On the Constitutional Court of the RF” and the subsequent practice of the said judicial body, justifying the refusal to implement the ECHR judgments was presented.
According to the results of the study, a conclusion was made about the justified necessity to block the ECHR judgments with the signs of political engagement. In view of the withdrawal from the Council of Europe and the termination of obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms (16 September 2022), the continuing influence of the ECHR practice on the Russian legal system seems improbable to the author.
Keywords: international law, European Court of Human Rights, practice, Russian Federation, Constitutional Court, enforceability, compliance, Constitution.
The article bibliographic list
1. Blazheev V.V. On the mechanism of harmonization of the practice of the European Court of Human Rights and Russian civil procedure law // Russian justice. 2010. No. 12. pp. 22-27.
2. Zharkova O.S. On the question of the universalism of the ECHR and its consideration of national peculiarities in cases of the right to a fair trial // Arbitration and Civil Procedure. 2016. No. 7. pp. 27-32.
3. Neshataeva T.N. Decisions of the European Court of Human Rights: novelties and influence on legislation and law enforcement practice. Moscow, 2013. 304 p.
4. Nussberger A. The development of the case law of the European Court of Human Rights on the basis of decisions on Russia // Law and Politics. No. 10. p. 88.
5. Sultanov A.R. Recognition of the semantic translation of the Koran as extremist material and issues of due process of law // Lawyer. 2013. No. 11. (SPS "ConsultantPlus").
INTERNATIONAL LAW
SYPCHENKO Alla Viktorovna
Ph.D.inhistorical sciences, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
STATSENKO Anastasiya Igorevna
student of the 5th course of the Samara Law Institute of the FPS of Russia
LEGAL INTERPRETATION OF THE POSSIBLE CONSEQUENCES OF THE STATE’S REFUSAL FROM INTERNATIONAL COOPERATION IN THE CONTEXT OF MODERN MILITARY TRANSFORMATIONS
The article reveals the concept of «international cooperation», gives the types of termination of membership in international organizations, illustrated by examples. The reasons for the refusal of further cooperation with the European community are highlighted and the consequences of the withdrawal of states from international organizations are analyzed. The experience of other countries that left or were not members of the European Union at all is analyzed. Proposals were formulated to regulate further cooperation.
Keywords: international cooperation, Russian Federation, termination of membership, European Union, International Association of Prosecutors, SWIFT.
The article bibliographic list
1. The Prosecutor General's Office of Russia is withdrawing from the International Association of Prosecutors // Official Internet portal of legal information. [electronic resource]. – Access mode: https://tass.ru/politika/14153423 ?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (accessed: 01.04.2022).
2. Russia is leaving the Council of Europe. What does this mean and why such a decision was made // Official Internet portal of legal information. [electronic resource]. – Access mode: https://tass.ru/politika/14026531 (date of application: 01.04.2022).
3. SWIFT system: what it is, why it is needed and how it works in Russia // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ria.ru/20220322/swift-1779501337.html (accessed: 01.04.2022).
4. Vladimir Putin's Munich Speech (2007) // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ria.ru/20220210/rech-1771685462.html (date of appeal: 04.2022).
5. Special operation for the protection of Donbass: chronology of events // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ren.tv/news/v-mire/943367-spetsoperatsiia-po-zashchite-donbassa-khronologiia-sobytii (accessed: 01.04.2022).
6. What Russia should do with Ukraine // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ria.ru/20220403/ukraina-1781469605.html (accessed: 01.04.2022).
7. Switzerland and Norway: why some European countries are not part of the EU // Official Internet portal of legal information. [electronic resource]. – Access mode: https://news.rambler.ru/world/45395352/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (accessed: 01.04.2022).
INTERNATIONAL LAW
CHEN Qi men
postgraduate student of the MGIMO (U) of the MIA of Russia
INTERNATIONAL LEGAL PROBLEMS OF ENVIRONMENTAL PROTECTION IN THE ANTARCTIC REGION
At present, both the Antarctic Treaty system and the international system of maritime law have their own provisions for protection of Antarctic environment. And some of the provisions are contradictory and even opposite to each other. These inconsistencies can easily lead to uncertainty and confusion of Antarctic environmental protection laws and regulations, which significantly reduces the protective effect. In addition, there are currently no specialized agencies responsible for implementing specific environmental protection rules. At present, there is no appropriate competent body in international law responsible for the protection of the Antarctic environment, and the lack of decision-making and supervisory subjects, so that the legal rules are formal in nature, the realization of the effect is not satisfactory. This represents the greatest obstacle in the implementation of Antarctic environmental protection laws and regulations. The obligations of the member states to protect the environment are unclear. There is currently no detailed international provision on the obligations of the participating states to protect the Antarctic environment, which also leads to easy evasion between the participating states in the event of an environmental accident. This significantly reduces the intensity of environmental protection. The study of the problem contributes to the further development of the Antarctic Treaty.
Keywords: Antarctic Treaty, ATCM, law, Antarctica, system.
The article bibliographic list
[electronic resource]. – Access mode: https://ru/2020/12/22/koronavirus-dostig-antarktidy.html
1. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p29。
2. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p30。
3. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p27。
4. 凌晓良、温家洪等. 南极环境与环境保护问题研究. 海洋开发与管理. 2005年。
5. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p28。
6. 丁煌等. 极地治理与中国参与. 北京:科学出版社,2018年。
INTERNATIONAL LAW
YANG Haidan
postgraduate student of the Peoples Friendship University of Russia
PROBLEMS OF CONFLICT OF LAWS OF CHINESE AND RUSSIAN PRIVATE LAW AND PROSPECTS FOR THEIR SOLUTION
Questions about the consistency of conflict of laws rules in international law, with a view to their correct application by law enforcement agencies (regardless of the country) when making a decision in a dispute have been very relevant over the past hundred years. Therefore, the unity of conflict of laws norms is considered by jurists as a criterion satisfying the highest goals of law – the realization of justice in various spheres of public relations. The conflict of private law norms of Russian and Chinese legislation is also not without problems. For example, the criteria for the close connection of the law to be applied with the civil legal relationship are not defined. Hence, it becomes impossible to determine the applicable law if the scope of the rights and obligations of both the Chinese and the Russian parties under the contract is approximately the same, moreover, each of the parties to the legal relationship, one way or another, will try to shift the choice of the place of dispute resolution to its side. Difficulties also concern the correctness of the application by Chinese courts of the “forum non conveniens” doctrine, which try to get out of the scope of its operation every time a Chinese legal entity or individual appears in a civil legal relationship, even indirectly related to the case. At the same time, there is still a mechanism to solve the hotel problems of the conflict of laws of Chinese and Russian private law – when resolving a dispute, the parties need to focus on the jurisdiction in which the enforcement of the judgment will take place, and not on the jurisdiction where it will be easier to protect their rights.
Keywords: Chinese legislation, Russian legislation, private law norms, conflict of laws norms, forum non conveniens, relations complicated by a foreign element.
The article bibliographic list
1. Nolde B.E. An essay on private international law // List F. International law in a systematic presentation / Trans. edited by V.E. Grabar.
– Yuryev, 1909. – p. 452.
2. Nolde B.E. M.I. Brun and the science of private international law in Russia // Vesti civicheskogo prava. – 1917. – No. 3-5. – p. 11.
3. Brun M.I. International private law // Brockhaus and Efron Encyclopedic Dictionary. – St. Petersburg, 1896. – Vol. XVIII. – Book 36.
4. Brun M.I. Introduction to Private International law (1915) // Bulletin of Civil Law. – 2006.
– No. 2. – pp. 109-184.
5. Guangjian Private International Law in China. Springer Science Business Media Singapore, 2016.
6. Guomin Lü, Xia Dai and Yuanmin Zheng, 国 际 私 法 (冲 突 法 与 际 体 法 篇 ) [Private International Law (Conflict of Laws and Substantial Law)], China Citic Press (Beijing), 2002. – 186-197.
7. Zhengxin Huo. Highlights of China’s New Private International Law Act: From the Perspective of Comparative Law // 45 Revue Juridique Themis. – – P. 637-684.
8. Yin Liu. Evasion in the conflict of laws and its possible solution in China. December 2010 Frontiers of Law in China 5(4):626-644.
9.江苏省镇江市中级人民法院(2013) 镇商外初字第13号民事判决书.
PUBLIC INTERNATIONAL LAW
GIGINEYSHVILI Mariya Teymurazovna
Ph.D. in Law, associate professor of International law sub-faculty of the Northern Caucasus branch of the Russian State University of Justice
HEAD OF STATE IMMUNITY: COMPARISON OF INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT PRACTICE
The article provides a brief analysis of the legal regulation and practice of applying the rules on the immunity of heads of state from criminal prosecution since the establishment of the Nuremberg Military Tribunal to the International Criminal Court. The author distinguishes between functional (ratione materiae) and personal (ratione personae) immunity, explaining the content of each type. The approach of the International Court of Justice and the International Criminal Court regarding the issue of exemption from liability of heads senior officials is subjected to a comparative analysis on the example of the cases of A. Yerodia Ndombasi and O. Al Bashir. In conclusion, the author concludes that it is legal to waive the immunity of the head of state in case of prosecution for committing international crimes in international courts and tribunals.
Keywords: judicial immunity of the head of state, responsibility of high officials, international crime, International Court of Justice, International Criminal Court, extradition, O. Al Bashir, arrest warrant case.
The article bibliographic list
1. Bukuru J.-B. International legal problems of immunity of acting heads of State and the practice of the International Criminal Court // Electronic appendix to the "Russian Law Journal". 2019. No. 1. pp. 32-36.
2. Vinogradova E.V. International Criminal Court: issues of immunity of officials // Eurasian Advocacy. 2019. No. 3 (40). pp. 78-81.
3. Rusinova V. Immunity of senior officials and their criminal prosecution for international crimes // International public and private law. 2006. No. 3. pp. 38-45.
4. Skuratova A.Yu. Development of the concept of state officials' immunities from foreign criminal jurisdiction // State and Law. No. 2. pp. 79 – 88.
5. Akande D., Shah S. Immunities of State Officials, International Crimes, and Foreign Domestic Courts // European Journal of International November 2010. Vol. 21. Issue 4. P.815-852.
6. An introduction to international criminal law and procedure / Cryer [et al.]. Cambridge. 2010. P. 558-559.
7. Bianchi A. Immunity versus Human Rights: The Pinochet Case // European Journal of International 1999. № 10. P. 237-277.
8. Cassese A. International Criminal Law. 2d Edition. Oxford, 2008. P. 307.
PRIVATE INTERNATIONAL LAW
BUTAKOVA Nadezhda Aleksandrovna
Ph.D. in Law, associate professor, Head of State and international law sub-faculty of the St. Petersburg State Marine Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical science, associate professor, Dean of the Faculty of Natural Science and Humanities Education of the St. Petersburg State Marine Technical University
CRITICAL ISSUES IN THE DRAFTING OF CONTRACTUAL PROVISIONS OF PUBLIC PRIVATE PARTNERSHIPS IN THE FIELD OF ROAD INFRASTRUCTURE DEVELOPMENT
The increasing use of Public Private Partnerships (PPP) arrangements in the provision of transport infrastructure seems to be a trend all over the world with a very particular incidence in the world, including Russia. The arguments supporting these public decisions are several and their validity varies with the different realities where these instruments are applied. The article highlights the most important issues related to the development and implementation of PPP in the transport sector, and provides a summary of the principles underlying the structure of contractual relations.
The article deals with the problems of planning and pricing of toll roads. The purpose of the article is to identify risks when concluding PPP contracts for the construction / reconstruction of highways. Based on the cost-benefit analysis methodology, which is used in the world practice of investment design to assess the contribution to achieving the goals of socio-economic development, the analysis of the principles of charging and pricing of toll roads is carried out. The main mistakes in making investment decisions when concluding a PPP contract are revealed. The systemic contradictions between the current decision-making scheme and the need to coordinate the heterogeneous interests of the public and private sector are revealed.
Keywords: public-private partnerships, transport infrastructure, contractual relations, infrastructure pricing.
The article bibliographic list
1. Bushansky S.P. Questions of the efficiency of toll roads // Economic analysis: theory and practice. 2012. No. 42. pp. 2-8.
2. Bushansky S.P. Problems of reducing the cost of road construction // National interests: priorities and security. 2013. No. 18. pp. 9-15.
3. Varnavsky V.G. Concessions in transport infrastructure: theory, practice, prospects. Moscow: IMEMO RAS, 2002. p. 83.
4. Belenky P. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations, U.S. Department of Transportation, Washington DC, 2011. [electronic resource]. – Access mode: http://www.dot.gov/sites/dev/files/docs/vot_guidance_092811c.pdf .
5. Fayard A. Analysis of Highway Concession in Europe. University of Bergamo – Italy Conference on Highways: cost and regulation in Europe, 2012. [Electronic resource]. – Access mode: http://dinamico2.unibg.it/highways/paper/FAYARD.pdf .
6. Levinson D. The Political Economy of Private Roads// Street Smart: Competition, Entrepreneurship, and the Future of Roads, Gabriel Roth, ed., Transaction Publishers, 2006. 79-96.
7. Rosário Macário, Critical issues in the design of contractual relations for transport infrastructure development. Research in Transportation Economics. [electronic resource]. – Access mode: elsevier.com/locate/retrec .
8. Swan P.F., Belzer M.H. Empirical Evidence of Toll Road Traffic Diversion and Implications for Highway Infrastructure Privatization, 2007. [electronic resource]. – Access mode: http://www.com/rlc/docs/2008/tolldiversion.pdf .
PRIVATE INTERNATIONAL LAW
BABOSHKIN Anton Anatoljevich
leading lawyer LLC «Kinross Far East»
LEGAL STATUS OF STAKEHOLDERS IN THE COUNTRIES OF CONTINENTAL LAW
The author, touching upon such an aspect of corporate governance as the involvement of interested parties (stakehold-ers), draws attention to the essence of this phenomenon in corporate law. At the same time, the author focuses on the use of these persons in the process of managing companies in such civil law countries as Germany, France and the Netherlands.
Keywords: contract, corporate governance, stakeholder, legal regulation, insider, corporate ethics.
The article bibliographic list
1. Finogeeva A.I. Formation of a management mechanism for key stakeholders of the corporation: dis. … candidate of Economic Sciences. Specialization. 08.00.05 – Economics and management of the national economy: management. – Moscow, 2019. – 208 p.
2. Adams R.B., Licht A.N., & Sagiv L. Shareholders and stakeholders: How do directors decide? // Strategic Management – 2011. – No. 32. – p. 1331-1355.
3. Business ethics and corporate governance. [electronic resource]. – Access mode: https://oreilly.com/library/view/business-ethics-and/9789332511255/xhtml/c14s11.xhtml (accessed: 05.04.2022).
4. Egorova D.A. International trends in financing environmental projects in the context of sustainable development // News of higher educational institutions. Series: Economics, Finance and Production Management. – 2021. – № 4 (50). – Pp. 15-23.
5. Ilin A.B., Sizova Yu.S. Export of entrepreneurial culture: case studies from Finland and Germany // Intellect. Investments. – 2020. – № 6. –
40-47.
6. The Civil Code of the Netherlands. [Electronic source]. – Access mode: https://hbcomp.ru/about/law_library/3487 / (accessed: 04.2022).
7. Dutch experience of stakeholders. [Electronic source]. – Access mode: https://corpgov.law.harvard.edu/2020/08/02/the-dutch-stakeholder-experience / (date of address: 04.2022).
8. Poluyakhtova E.R. Contradictions of interests of stakeholders: domestic and foreign experience // Economics and the paradigm of modern times. –
– No. 5 (7). – pp. 19-21.
PRIVATE INTERNATIONAL LAW
BIBIKOV Sergey Evgenjevich
postgraduate student of the O. E. Kutafin Moscow State Law University, trainee of lawyer of MSVA "Bureau of Lawyers "De jure"
TRANSFORMATION OF CONFLICT REGULATION OF LIABILITY OF A LEGAL ENTITY IN CONDITIONS OF GLOBAL CHALLENGES
This study highlights the problem of protecting private capital and minimizing the negative consequences that have arisen for the Russian economy against the backdrop of the sanctions policy of unfriendly states. It is concluded that it is necessary to reorient the conflict of laws regulation of the liability of a legal entity in favor of protecting the interests of Russian entrepreneurs and the domestic economy as a whole. The author suggests directions that should be paid attention to when carrying out law-making activities of the Russian state in the field of illegal seizure and movement of capital. These areas mainly affect the conflict aspect of regulating the liability of foreign companies in the Russian legal system, as well as issues of enforcement of judicial acts with their participation in Russia. As a result of the study of the identified problem, the author provides ways to solve it, gives recommendations on the protection of national interests against unfriendly actions of foreign states against Russian businessmen.
Keywords: personal statute of a legal entity, conflict regulation of liability of a legal entity, liability of persons controlling the debtor, sanctions, retortions.
The article bibliographic list
1. Dyachenko E.B. Control over corporations: doctrine and practice. – M.: Infotropik, 2013. – p. 148.
2. Fonotova O.V., Indinok P.D. Compliance in the context of international private law: the experience of transnational corporations // Legislation. – 2021. –
No. 6. – pp. 7-15.
3. Kanashevsky V.A. International private law. – M.: International Relations, 2019. – p. 1064.
4. Strigunova D.P. The problem of determining the legal status of a transnational corporation // Modern Law. – 2020. – No. 2. – pp. 89-93.
PRIVATE INTERNATIONAL LAW
ZHURBENKO Valeriya Gennadjevna
student of the 4th course of the Faculty of Training Specialists for the Judicial System (Faculty of Law) of the North Caucasus branch of the Russian State University of Justice
PROTECTION OF THE RIGHTS OF THE PARTIES TO THE SURROGACY AGREEMENT: FOREIGN EXPERIENCE
The cross-border nature that legal relations may have, arising from the conclusion and execution of a contract on surrogacy services, prohibited in one country and legally enshrined in another, inevitably generates not only the problem of “limping” legal relations, but also the protection of the rights of their parties. In this study, the author studied the experience of legal regulation of this issue in certain foreign countries and based on it made proposals to improve the current Russian legislation in this area.
Keywords: surrogacy, reproductive technologies, the rights of genetic parents, the rights of the child.
The article bibliographic list
1. ECHR Ruling of 24.01.2017 "The case of Paradiso and Campanelli v. Italy" // Bulletin of the ECHR on Human Rights. Russian edition. – 2017. – No. 6.
2. Azizov A.A. Comparative characteristics of the surrogacy contract in Russia, USA, Israel and Germany // Issues of Russian justice. – 2021. – № 11. – C. 181-188.
3. Gadzhimagomedova Sh.S., Kuhmazova A.T. Legal support of surrogate motherhood: Russian and foreign experience // Education and Law. – 2020. – No. 1. – C. 143-149.
4. The Cabinet of Ministers supported the prohibition of surrogate mothers' services for foreigners. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/14653545 (accessed: 05/18/2022).
5. Mikhel I.V. The Indian saga of ART: a medico-anthropological view // Philosophical problems of biology and medicine: the phenomenon of biorationality. – M.: Lenand, 2019. – Vol. 13. – pp. 254-258.
6. Mikhel I.V. Surrogate motherhood in the UK and India: regulatory measures // Social and humanitarian sciences. Domestic and foreign literature. Ser. 9, Oriental and African Studies: An abstract journal. – – No
. – C. 32-52.
7. Momotov V.V. Bioethics in the context of legislation and law enforcement (surrogacy)
// Lex Russica. – 2019. – No. 1. – p. 29.
8. Ogai S.D.E. Problems of adopting a new law on surrogacy in the UK // Legal Science. – 2020. – № 11. – C. 122-124.
9. Surrogacy: world experience. – [Electronic resource]. – Access mode: https://ria.ru/20131111/976039040.html (date of reference: 01.2022).
10. Sharov K.S. Surrogacy in Russia and Singapore in the system of demographic management models // Sociodynamics. – 2019. – № 4. – C. 31-41.
11. Singh H.D. «The World’s Back Womb?»: Commercial Surrogacy and Infertility Inequalities in India // American – 2014. – Vol. 116 (4). – P. 824-828.
PRIVATE INTERNATIONAL LAW
ZAIKA Daniil Alekseevich
magister student of the 2nd course of S. N. Lebedev International private and civil law sub-faculty of the International Law Faculty of the MGIMO
(U) of the MFA of Russia
THE PLACE OF THE FICTIONAL CHARACTER IN THE SYSTEM OF COPYRIGHT OBJECTS IN THE UNITED STATES AND THE RUSSIAN FEDERATION
This article is one of the few articles devoted to the problems of determining the legal status of fictional characters in the system of copyright objects. This area of copyright law is understudied and gives rise to many discussions and questions.
At present in most developed jurisdictions the regulation of the use and legal protection of the fictional characters, as well as other component parts of the work, is not specific, that is, it is regulated by general legal provisions and fundamental principles of copyright law. Most of the special principles and criteria regarding characters have been developed by case law.
This article will analyze the legislation and relevant case law of the United States and the Russian Federation in terms of regulating the legal status of characters.
Keywords: copyright law, component part of a work, fictional character, legal protection of works, author, intellectual property, objects of copyright law, legal protection of copyright objects.
The article bibliographic list
1. Kopylov A.Yu. The character of the work as an object of copyright: Dis. Candidate of Law Tomsk., 2021.
2. Entin V.L. On counterfeit, Masyan and d'Artagnan // EZH-Yurist. 2009. No. 4.
3. Gavrilov E.P. Copyright on the character // Patents and licenses. 2011. No. 12.
4. Ivanov N.V. Legal protection of a part of a work
// Bulletin of Economic Justice of the Russian Federation. 2021. № 1.
5. Gavrilov E.P. In patent law – novelty, in copyright – originality // Patents and licenses. 2007.
№ 12.
INTERNATIONAL PRIVATE LAW
PADIRYAKOV Aleksandr Viktorovich
Project manager, State corporation “Rostech”
THE INSTITUTES OF SPECIFIC PERFORMANCE AND DAMAGES IN GERMAN LAW
The present research offers the overview of specific performance and damages under German law. The overview of the specific performance and damages under German law shows both history of development and specific features of implementation of the said instruments. The difference between the legal systems entails the differences in remedies available and mechanisms of implementation of the latter. The implementation of the same remedies could be based not only on different mechanics but different ideology.
Keywords: damages, specific performance, injunction, remedies, Germany, Russia.
Reference bibliographic list
1. John P. Dawson, Specific Performance in France and Germany. – 57 MICH. L. REV. 495 (1959).
2. Ulrik Huber, Praelectiones iuris civilis: Secundum Institutiones et Digesta Justiniani, Gleditsch, 1707, com. D.
19.1.1. – no. 5.
3. Rudolf von Jhering, Jherings Jahrbüch für die dogmatik des heutigen römischen und deutschen privatsrechts. – Jena, 1880. – Z. 1.
4. Protokolle der Kommission zur Ausarbeitung des Entwurfs einer Civilprozessordnung für die Staaten des Norddeutschen Bundes. – Berlin, Sitzungen 320 and
321.-Zz. 2057-2064.
5. John P. Dawson. Specific Performance in France and Germany. – 57 MICH. L. REV. 495 (1959). – P.p. 526-528.
6. Ernst W. in: Münchener Kommentar zum Bürgerlichen Gesetzbuch. – bd. 2 Schuldrecht: Allgemeiner Teil. 6. Aufl. C.H. Beck, 2012. Vol 2a.
7. Gromov A. A. Influence of the impossibility of performance on the right to demand the performance of a contractual obligation in kind. Thesis for the degree of candidate of legal sciences (2016: 7-46).
INTERNATIONAL PRIVATE LAW
KHARKINA Kristina Vladimirovna
postgraduate student of Private international law sub-faculty of the O. E. Kutafin Moscow State Law University
CROSS-BORDER CORPORATE AGREEMENT AND INTERNAL AFFAIRS DOCTRINE
Internal affairs doctrine is one of serious limitations of parties’ autonomy while choosing the law applicable to a cross-border corporate agreement. In accordance with this doctrine, the relations of a legal entity with its participants are governed by the law of the state where the legal entity was established. The lack of statutory regulation of this doctrine gives rise to a number of practical problems related to the impossibility of applying the law chosen by the parties to a cross-border corporate agreement.
The purpose of this article is to analyze the current domestic court practice, as well as foreign legislation and enforcement practice in order to establish a list of relations that may relate to the internal relations of a legal entity.
As a result of the study, the author established the need to develop criteria for classifying relations as internal at the international level, as well as providing a legal framework for such relations in national law in order to eliminate the unreasonable broad interpretation of this concept by the courts and reduce the risk of limiting the parties' autonomy.
Keywords: cross-border corporate agreement, corporate agreement, shareholder agreement, party autonomy, internal affairs doctrine, foreign law, statute of legal entity, lex societatis.
Reference bibliographic list
1. Asoskov A.V. Conflict regulation of agreements on the exercise of corporate rights (corporate agreements) // Law. – 2014. – No. 8. – S. 37.
2. Lovyrev D.E., Ananiev D.V. Application of foreign law to shareholder agreements // Moscow Journal of International Law. – 2004. – No. 1. – S. 232.
3. Giuditta Cordero Moss. International Arbitration and the Quest for the Applicable Law. Global Jurist. – Vol. 8. – Article 2. – P. 10.
4. Harnischfeger Industries, Inc., 293 B.R. 650 (Bkrtcy. D. Del. 2003), 99-2171. [Electronic resource]. – Access mode: https://case-law.vlex.com/vid/293-b-r-650-608642210 (Accessed on 11/28/2021).
5. Matt Stevens, Internal Affair Doctrine: California Versus Delaware in a Fight for the Right to Regulate Foreign Corporations, 48 B.C.L. Rev. – No. 1047. – 2007. – R. 1062.
ENERGY LAW
SNETKOV Vitaliy Nikolaevich
Ph.D. in political sciences, professor of Theory and history of state and law sub-faculty of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
YURKOVA Olga Yurjevna
magister student of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
HISTORICAL AND LEGAL ASPECTS OF THE IMPLEMENTATION OF THE CONCEPT OF THE MARITIME SILK ROAD WITHIN THE ARCTIC REGION OF RUSSIA
This article discusses the sectoral principle of the division of the Arctic territory. The article analyzes the main political and legal documents regulating this sphere in the Arctic countries and the possibility of integrating the New Silk Road initiative, discusses the formation of an optimal balance between national and international legal regulation of economic processes in the Arctic region. The strategic goals of the development of the Russian Arctic in the long term involve the deployment in this region of national projects for the development of mineral resources and the development of transport infrastructure, primarily the Northern Sea Route including its seaports, as an organizational and legal basis for the development of the use of the Arctic continental shelf.
Keywords: Arctic, Server Sea Route, New Silk Road initiative, integration.
Reference bibliographic list
1. Gitsu M.A., Gitsu V.D. International legal regime of the Arctic (conceptual confrontation) // State and Law. – 2018. – No. 06. – 123 p.
2. Gureev S.A., Bunik I.V. On the need to confirm and legally secure Russia's exclusive rights in the Arctic. – Federation Council of the Federal Assembly of the Russian Federation. Maritime activities of the Russian Federation: state and problems of legislative support. Ed. V.A. Popov. – M., 2005. – 211 p.
3. Kalfaoglu R. Sino-Russian cooperation in the Arctic: development prospects // Vestnik MGOU. – 2018. – No. 2. – P. 108-128.
4. Kattsov V.M., Pavlova T.V. Expected changes in surface air temperature in the Arctic in the 21st century: results of calculations using ensembles of global climate models (CMIP5 and CMIP3) // Proceedings of the Main Geophysical Observatory. A.I. Voeikova: T., 2015. – 579 p.
5. Kovalev A.A. International law and national interests of the Russian Federation // Otv. ed. A.A. Kovalev, B.L. Zimnenko. – M., 2008. – 89 p.
6. Makkhailychenko K.M. The project "Ice Silk Road" within the framework of the "One Belt – One Road" initiative as a realization of the interests of Russia and China in the Arctic region // Vestnik RUDN University. Series: Political science. – 2019. – No. 2. – S. 334-345.
7. The President of Russia: Vladimir Putin took part in the plenary session of the IV International Arctic Forum "The Arctic – Territory of Dialogue" (official site). [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/54149 (date of access: 03/15/2022).
8. Snetkov V.N., Semenova K.A. M.V. Lomonosov on the need to consolidate the rights of Russia in the Arctic // Scientific and technical bulletin of St. Petersburg State Polytechnical University. – 2011. – No. 4 (135). – S. 31-34.
THEORY OF GOVERNMENT AND RIGHTS
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of the N. G. Chernyshevskiy Saratov National Research State University
LAW AND INFORMATION SOCIETY: THE VALUE ASPECT OF THEIR RELATIONSHIP
The article examines the value aspect of the relationship between law and information society. The necessity of increasing the regulatory role of law in the conditions of dynamism of information relations is substantiated, taking into account which the provision of appropriate legal regulation is in demand. It is difficult to imagine the development of the information space, information relations without law, respectively, legal means that should ensure the ordering of public relations in the field of informatization. The author draws attention to the importance of a systematic understanding of the processes of development of the information society, based on the theoretical justification of the social value of law. At the same time, the article emphasizes the importance of the legal system as a whole, within which increasing the regulatory role of law is one of its important tasks.
Keywords: law, legal regulation, legal system, information society.
Reference bibliographic list
1. Man, society, law in the context of digital reality: collection of articles / Ed. O. Yu. Rybakova.
– Moscow: RUSSIGN, 2020. – 254 p.
2. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017–2030” // Collected Legislation of the Russian Federation. – 2017. – No. 20. – Art. 2901.
3. Matuzov N. I. Actual problems of the theory of law. – Saratov: Publishing House of SGAP, 2003. – 512 p.
THEORY OF GOVERNMENT AND RIGHTS
GRIBKOVA Kristina Vladimirovna
postgraduate student of Theory and history of state and law sub-faculty of the Kostroma State University
JUDICIAL PRACTICE AS A SOURCE OF LAW IN RUSSIA
This article examines the fact of the recognition of judicial practice as one of the sources of law. Both positive and negative aspects of this legal phenomenon are being studied. The role of legal precedent in the existing legal system of Russia is being investigated. The opinions of experts in the field of jurisprudence on the attribution of the precedent to the sources of legislation of the Russian Federation are given.
Keywords: judicial practice, law enforcement, judicial system, source of law, judicial precedent.
Reference bibliographic list
1. Vaskovskiy E.V. Guide to the interpretation and application of laws. – M.: Yurayt, 2017. – 418 p.
2. Zivs S.L. Sources of law. – M.: Nauka, 1981. – 240 p.
3. Nersesyants V.S. Problems of the General Theory of Law and State: A Textbook for High Schools. – M.: Norma, 2004. – 527 p.
4. Prokofiev G.S., Chigidin B.V. Legislative drafting technology. Legislative process. Concept. Institutes. Stages: scientific and practical guide. – M.: Jurisprudence, 2000. – 115 p.
5. Tikhomirova L. V., Tikhomirov M. Yu. Legal Encyclopedia. – M.: Pravo, 2002. – 770 p. 6. Vilnyansky S.I. The value of judicial practice in civil law // Scientific works. Scientific works VIYUN: Legal publishing house of the Ministry of Justice of the USSR. – 1947. – No. 9. – S. 239-240.
7. Kazantsev S.M. The problem of uniformity of judicial practice in the Russian Federation // Russian Yearbook of Civil and Arbitration Process. – 2004. – No. 3. – P. 95.
8. Pokrovsky I.A. Natural law trends in the history of civil law // Civilistic practice. – 2007. – No. 1 (22). – S. 38-67.
9. Tikhomirov Yu.A. Problems of development of the legislation of subjects of the Russian Federation // Constitutional and municipal law. – 2009. – No. 3. – P. 4.
THEORY OF GOVERNMENT AND RIGHTS
DUBROVIN Mikhail Andreevich
senior lecturer of International law and foreign economic activity sub-faculty of the Institute of Law of theG. and N. G. Stoletov Vladimir State University
THE STATE IN THE CONTEXT OF GLOBALIZATION CHALLENGES: AN INTEGRATION APPROACH
The study analyzes the impact of globalization challenges on the state structure, its strength, and the ability to update the main directions of its activities in order to prevent negative consequences affecting the integrity of sovereignty. Aspects of positivism and negativism of globalization processes are considered. The possible prospect of maintaining the intensity of integration activities, taking into account the commitment to national interests, is being studied.
Keywords: integration process, globalization, state, national security.
Reference bibliographic list
1. Dubrovin M. A. Globalization – a forced or voluntary process? // Actual problems of international law and foreign economic activity. Materials of the X international scientific-practical conference of teachers and students. Ministry of Education and Science of the Russian Federation; Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletov, Institute of Law. – 2019. – S. 193-196.
2. Dubrovin M. A. The criterion of flexibility in the context of the integration activities of the state: a theoretical aspect // Eurasian Law Journal. – 2021. – No. 5. – S. 66-67.
3. Dubrovin M. A. Synergy in the state: a cyclical integration approach // Bulletin of the Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletovs. – Series “Juridical sciences”. – 2021. – No. 1 (27). – S. 16-20.
4. Lyubashits V. Ya. The modern state in the globalizing world of the problem of theory // Jurisprudence. – 2004. – No. 4. – S. 203-221.
THEORY OF GOVERNMENT AND RIGHTS
MIKHAYLIK Anna Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
MODERN UNDERSTANDING OF LEGAL CONSCIOUSNESS AND ITS FEATURES
The presented scientific work reveals the current to date topics devoted to the study of legal awareness in modern Russian realities, as well as the features of legal awareness and its impact on society. The author pays special attention to the analysis of the scientific works of the most prominent jurists in this field. In conclusion, several conclusions have been formed regarding the studied material.
Keywords: legal consciousness, individual legal culture, socio-legal institution.
Reference bibliographic list
1. Rybakov V.A. Legal consciousness: to the question of the concept [Text] // Vestnik OmGU. Series. Right. – 2015. – No. 3 (44). – S. 23-28.
2. Bolsunov M.A. To the question of the concept of legal consciousness [Text] // Bulletin of the Samara Humanitarian Academy. Series: Law. – 2011. – No. 2. – P. 112-118.
3. Egorov V.A. Historical roots of legal awareness of Russians [Text] // Theory and practice of social development. – 2014. – No. 20. – C. 99-101.
4. Zhigulin A.A. Psychological aspects of legal consciousness [Text] // Research publications. – 2014. – No. 2 (6). – P.29-37.
5. Petrulevich I.A., Tselikovskii S.B. Features of legal awareness and problems of the formation of civil society in modern Russia [Text] // Theory and practice of social development. – 2013. – No. 4. – P.159-165.
THEORY OF GOVERNMENT AND RIGHTS
SAZONOV Ivan Ivanovich
magister student of the Russian State Academy of Intellectual Property
CHIBISOV Oleg Valerjevich
Ph.D. in economical sciences, associate professor of Theory, history of law, and public law disciplines sub-faculty of the Russian State Academy of Intellectual Property, academic advisor
ON THE ISSUE OF LEGAL REGULATION OF RELATIONS IN THE SPHERE OF LEGAL PROTECTION AND USE OF THE RESULTS OF INTELLECTUAL ACTIVITY, CREATED AT THE EXPENSE OF THE FEDERAL BUDGET
The article is devoted to the consideration of mechanisms of state regulation of legal relations in the sphere of results of intellectual activity of civil and military purposes, created by means of budgetary allocations and also to the discovery of problems to development of offers on improvement of the legislation in the sphere of state regulation of intellectual activity created by means of budgetary allocations.
Keywords: budget, legal regulation, RIA, state control, intellectual property, scientific and technical potential.
Reference bibliographic list
1. Problems of legal regulation of relations in the field of legal protection and use of the results of intellectual activity created at the expense of the federal budget”. Federation Council of the Russian Federation. [Electronic resource]. – Access mode: http://council.gov.ru/activity/activities/parliamentary/29717/ (date of access: 26.01.2022).
2. Dezhina I., Leonov I. Intellectual property in Russia: problems of state regulation. [Electronic resource]. – Access mode: https://www.iep.ru/files/persona/dezhina/innovatsii-8-03. pdf (date of access: 22.01.2022).
3. Dezhina I., Leonov I. Intellectual property in Russia: problems of state regulation. [Electronic resource]. – Access mode: https://www.iep.ru/files/persona/dezhina/innovatsii-8-03.pdf (date of access: 01/22/2022).
4. Belozerov V.K. New national security strategy: from finding meaning to implementation. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/novaya-strategiya-natsionalnoy-bezopasnosti-rossiyskoy-federatsii-ot-obreteniya-smyslov-k-realizatsii/viewer (date of access: 01/26/2022).
5. "Problems of legal regulation of relations in the field of legal protection and use of the results of intellectual activity created at the expense of the federal budget." Federation Council of the Russian Federation. [Electronic resource]. – Access mode: http://council.gov.ru/activity/activities/parliamentary/29717/ (date of access: 01/26/2022).
6. Mazur N.Z., Dikul D.O., Zhamoydik K.M. Economic and legal issues of managing rights to RIA belonging to the Russian Federation. [Electronic resource]. – Access mode: https://www.vko-intellekt.ru/media-center/economic-legal-issues-of-rights-management-on-rids/ (date of access: 01/27/2022).
7. Segeda E.A., Kirova I.V. Modern problems of protection of intellectual property rights in Russia. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-problemy-zaschity-prav-intellektualnoy-sobstvennosti-v-rossii/viewer (date of access: 01/26/2022).
THEORY OF GOVERNMENT AND RIGHTS
SKUDARNOV Aleksey Sergeevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
TO THE QUESTION OF VOLUNTARINESS IN LAW
The article discusses the place and role of voluntariness in law. The author notes the importance of expanding opportunities for voluntary behavior of subjects of law, as well as the debatability of the thesis about the possibility of combining voluntary and mandatory beginnings in a single regulatory tool.
Keywords: voluntariness, obligation, legal regulation, realization of law, rights and freedoms.
Reference bibliographic list
1. Austin J. The Province of Jurisprudence Determined and the Study of Jurisprudence. – London, 1832.
2. Hart H. L. A. Essays in Jurisprudence and Philosophy. – Oxford, 1983.
3. Kelsen H. General Theory of Law and State. The Lawbook Exchange. – Ltd, 2007.
4. Ross A. Directives and Norms. – London, 1968.
5. Abramov N. Dictionary of synonyms and expressions similar in meaning. About 5,000 synonymic rows. Over 20,000 synonyms – 7th ed., stereotype. – M .: Russian dictionaries, 1999.
6. Alekseev N. N. Russian people and state. – M., 1998.
7. Voevodin L. D. Constitutional rights and obligations of Soviet citizens. – M., 1972.
8. Dugi L. Social law. individual law. State transformation. – St. Petersburg, 1909.
9. Kolosov I. V. Legal positivism of John Austin and utilitarianism of Jeremiah Bentham: dialectics of correlation // Issues of Russian and international law. – 2017. Volume 7. – No. 3A.
10. Malitsky A. Soviet constitution. – Kharkov, 1925.
11. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language. – 4th ed. – M., 1997.
12. Petrazhytsky L. I. Essays on the Philosophy of Law // Petrazhitsky L. I. Theory and Politics of Law: fav. works / Nauch. ed. E. V. Timoshina. – St. Petersburg, 2010.
13. Polyakov A. V. Anthropological and communicative justification of human rights // Law and society: from conflict to consensus. – St. Petersburg, 2004.
14. Polyakov A. V. Russian theoretical and legal thought: experience of the past and prospects for the future
// Our difficult path to the law. Materials of philosophical and legal readings in memory of Academician V. S. Nersesyants. – M., 2006.
15. Explanatory dictionary of the Russian language / Ed. D. V. Dmitrieva. – M.: Astrel: AST, 2003.
16. Pure doctrine of the law of Hans Kelsen. 2nd ed. / Per. with him. M.V. Antonov and S.V. Lezov. – St. Petersburg: LLC Publishing House "Alef-Press", 2015.
17. Erlich O. Fundamentals of the sociology of law / Per. with him. M. V. Antonova; ed. V. G. Grafsky, Yu. I. Grevtsov. – St. Petersburg, 2011.
THEORY OF GOVERNMENT AND RIGHTS
TITOV Vladimir Yurjevich
Ph.D. in historical sciences, associate professor, expert of Rosokhrankultury of the Russian Federation on values, teacher of history and a number of legal disciplines in the local gymnasium and universities of Irkutsk. For more than twenty-five years I have been leading a number of columns devoted to local history in local periodicals
ANALYSIS OF THE LEGAL REGULATION OF PROTEST MOODS IN THE CONCEPTS OF DOMESTIC LAWYERS
The article deals with the problem of public coverage of protest sentiments and the right to protest in the historical and legal concepts of Russian lawyers. The domestic legal doctrine proceeds from the position in which a person and society have an inalienable right to protest, but within the limits of permissible behavior. The understanding of protest sentiments is associated with the names of such figures as Pashukanis, Voznesensky, Sakharov. Sakharov proposed to reduce the role of ideological control over public opinion and reduce the influence of the bureaucratic apparatus of the CPSU in matters of governance. According to Sakharov, this could lead to a decrease in protest moods.
Keywords: protest, protest mood, legitimate right to protest.
Reference bibliographic list
1. Vyshinsky A.Ya. The Marxist-Leninist Doctrine of the Court and the Soviet Judicial System: Essay Two. – M., 1934.
2. Vyshinsky A.Ya. Revolutionary legality and the tasks of Soviet defense. – M. 1934.
3. Krasnov A.V. Socialist control: the historical experience of the CPSU. – M., 1987.
4. Korkunov N.M. Russian state law, 1909. – T. 1.
5. Stuchka P. 13 years of struggle for the revolutionary Marxist theory of law. – M., 1930.
6. Symonovich Ch.E. Changes in the social and legal status of collective farmers in the post-war years // XVII Congress of the CPSU and problems of agrarian history of the USSR. – Ufa, 1984.
7. Polyansky N.N. Purpose in the criminal process, 1919.
8. Shishko L.E. Articles on the history of the Russian community. – Petrograd – Moscow, 1918.
THEORY OF GOVERNMENT AND RIGHTS
DROBYSHEVSKIY Sergey Aleksandrovich
Ph.D.in Law, professor, Head of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
KRASOVSKAYA Natalya Sergeevna
senior lecturer of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
MATVEEVA Lyudmila Semyonovna
postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
LAWMAKING AND THE APPLICATION OF LAW IN HISTORY
The authors try to evaluate two theoretical positions from a point of view of adequacy to reality. According to one law-making and application of law is present during all human history. In accordance with another law-making and application of law do not exist in primitive society.
They prove the existence of conditions that generate the law not only in civilized society but in primitive one too. On this ground the authors conclude that the law and therefore law-making and application of law is present during all human history.
Such a conclusion is illustrated by the examples of law-making and application of law in primitive society. These illustrations are given from life of three ethnic groups. They are the Cheyenne Indians of Northern America, the Kapauku Papuans of New Guinea and the Tswana of South Africa.
Keywords: law, society, history, law-making, application of law.
Reference bibliographic list
1. Hoebel E.A. The Law of Primitive Man: A Study in Comparative Legal Dynamics. – Cambridge, Massachusetts: Harvard University Press, 1954.
2. Hoebel E.A. Man in the Primitive World: An Introduction to Anthropology. second edition. – N.Y.: McGraw-Hill Book Company, Inc., 1958.
3. Llewellyn K.N. and Hoebel E. A. The Cheyenne Way. – Norman: University of Oklahoma Press, 1941.
4. Lowie R.H. Some Aspects of Political Organization Among the American Aborigines // The Journal of the Royal Anthropological Institute of Great Britain and Ireland. – Vol. 76. – No. 1/2 (1948).
5. Pospisil L. Legal Levels and Multiplicity of Legal Systems in Human Societies // The Journal of Conflict Resolution. Vol. 11.N.1. Law and Conflict Resolution (Mar., 1967).
6. Pospisil L. Social Change and Primitive Law: Consequences of a Papuan Legal Case // American Anthropologist. new series. – Vol.60. – No. 5 (Oct., 1958).
7. Drobyshevsky S.A. Introduction to the theory and history of politically organized society and law: criticism of legal anthropology by E.A. Hobel. – M.: Norma, 2022.
8. Drobyshevsky S.A. Political organization of society and law as phenomena of social evolution. – M.: Prospekt, 2021.
9. Drobyshevsky S.A. Legal regulation in primitive society: theoretical possibility and its practical implementation. – Krasnoyarsk: Sib. feder. university, 2020.
10. Llewellyn K.N., Hobel E.A. Way of the Cheyenne (extract) // Jurisprudence. – 2011. – No. 1.
11. Matveeva M.A., Shagieva R.V. Legal regulation and law-making in the legal system of society: theoretical and methodological foundations of correlation // State and Law. – 2014. – No. 12.
12. Radko T.N. Theory of Government and Rights. – M.: Prospekt, 2017. – 568 p.
THEORY OF GOVERNMENT AND RIGHTS
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of the Tobolsk Complex Scientific Station of the Ural branch of the Russian Academy of Sciences, Professor of National and universal history sub-faculty of the Novosibirsk State Pedagogical University
STATE POLICY IN THE FIELD OF CONFESSIONAL EDUCATION: HISTORICAL ASPECT AND SIBERIAN SPECIFICS (BASED ON THE MATERIALS OF THE RUSSIAN STATE HISTORICAL ARCHIVE)
This article is the next in a series of analytical materials that we have prepared to cover the activities of the Russian State in the context of regulating state-confessional relations in the Siberian region. The body of archival materials available for study has been identified and characterized. The result of the analytical study was the conclusion about the nonlinearity and multi-vector nature of state policy in the field of confessional education. The myth of the total compulsory Orthodoxy of education in the Russian Empire is debunked.
Keywords: confessional education, state policy in the field of confessional education, Russian State Historical Archive, Department of Spiritual Affairs of Non-Orthodox Confessions, confessional education in Siberia, religious education in a multi-confessional society.
Reference bibliographic list
1. Russian State Historical Archive (RGIA). F. 821. – Op. 3. – D. 870; Op. 8. – D. 12, 32, 33, 91, 145, 165, 172, 222, 223, 230, 281, 416, 445, 1204; Op. 125. – D. 262, 486, 1072, 1782.
2. Dzutsev Kh. V. Religious education in secondary schools of the republics of the North Caucasian Federal District of the Russian Federation: pluses and minuses // Mission of confessions. – 2017. – No. 25. – P. 47-58.
3. Kozyrin A. N. Religious education in the EAEU states: national and international levels of legal regulation // Yearbook of Russian educational legislation. – 2021. – T. 16. – No. 21. – S. 127-155.
4. Nabiev R. A. Religious education in a polyethno-confessional environment as a factor in the sustainable development of society // Social conflict in various normative semiotic systems. – Kazan: Institute of History of Kazan Federal University, 2012. – P. 136-140.
5. Ragimova P. F. Confessional education in Dagestan: history and modernity: dis. cand. history Sciences. – Makhachkala, 2005. – 209 p.
6. Syubareva I. F. Religious education in Russia through the prism of international legal standards // Laws of Russia: experience, analysis, practice. – 2022. – No. 2. – P. 98-102.
7. Yakunin VN Religious education, spiritual enlightenment and charity in the Samara diocese in 1851-1917. // Povolzhsky Bulletin of Science. – 2021. – No. 3 (21). – S. 16-22.
HISTORY OF STATE AND LAW
SILANTJEVA Viktoriya Aleksandrovna
Ph.D. in historical sciences, associate professor of Theory and history of state and law sub-faculty of theI. Lobachevskiy National Research Nizhny Novgorod State University
PRONINA Ekaterina Nikolaevna
senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy National Research Nizhny Novgorod State University
INFLUENCE OF INTERNATIONAL CONFERENCES ON THE DEVELOPMENT OF THE SANITARY LEGISLATION OF THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE 19TH CENTURY
The current epidemiological situation in the world has put states in a new reality. In this regard, joint activities to prevent and prevent the spread of COVID-19 are of particular importance. Therefore,
the experience of international cooperation in the second half of the 19th – early 20th centuries is of interest due to the rise in international legal activity in the fight against epidemics. The article defines the goals and causes of international cooperation, shows the participation of Russia in the work of international sanitary conferences, analyzes the impact of the adopted conventions on the national legislation of the Russian Empire.
Keywords: international cooperation, sanitary conferences, epidemics, quarantine, convention.
Reference bibliographic list
1. Complete Collection of Laws of the Russian Empire. Meeting 2nd. SPb., 1825-1881.
2. Complete Collection of Laws of the Russian Empire. Meeting 3rd. SPb., 1881-1913.
3. Charter Medical. Editions of 1905 and continued in 1912 and 1913. and legalizations on the medical and sanitary part, supplemented by article-by-article explanations of the Senate and government regulations, rules and instructions / Comp. L.A. Kolychev. Ed. unofficial. Pg.: Publishing house of the legal bookstore V.P. Anisimova, 1915. 658 p.
4. Klimenko E.P. International cooperation in the fight against cholera (1851-1894) // Uchenye zapiski Crimean Federal University. IN AND. Vernadsky. Series: "Legal sciences". 2015. No. 1. S. 262-271.
5. Norman Howard-Jones. The scientific background of the International Sanitary Conferences 1851-1938. Geneva: World Health Organization, 1975.
HISTORY OF STATE AND LAW
KULIKOVA Mariya Sergeevna
postgraduate student of the 3rd year of study, lecturer of the St. Petersburg State University
THE FAIRNESS OF A JUDICIAL DECISION IN SOCIOLOGICAL JURISPRUDENCE
The article deals with the issue of new approach to judicial methodology from the point of view of free law school, namely the ideas of Hermann Kantorowicz (1877-1940), one of the founders of this sociological movement in law. In his attempt to answer the eternal question of the fairness of judicial decision, Kantorowicz criticizes the imperfection of the formal-logical method. It is noted that in a desire to avoid the ridiculousness of the results of a literal interpretation of the law, the courts have fallen into an uncontrolled judicial discretion and the application of legal abstractions. This has required a new methodological solution from theory. The sociological approach of the free law school, expressed in a reorientation from form to content, still allows a different perspective on the maxim "treat like cases alike and different cases differently" which has long been rooted in the minds of lawyers.
Keywords: judicial methodology, free law, judicial discretion, sociological jurisprudence, H. Kantorowicz, public interest, formal-logical method, interpretation, justice.
Reference bibliographic list
1. Adygezalova G.E. Sociological jurisprudence of the United States in the 20th century: the formation of doctrine, the development and improvement of the rule of law. – St. Petersburg: Legal Center-Press, 2012.
2. Antonov M.V. Eugen Ehrlich: Living Law versus Legal Pluralism? // Jurisprudence. – 2013. – No. 1 (306).
3. Bacon F. New Atlantis: Experiences and instructions moral and political / Otv. ed. F. Kogan-Bernstein; per. Z.E. Alexandrova. – M .: Publishing house of the Academy of Sciences of the USSR, 1954.
4. Weber M. Political work 1895-1919 / Per. with him. B.M. Skuratov; post-last T.A. Dmitriev. – M.: Praxis, 2003.
5. Karapetov A.G. The struggle for the recognition of judicial law-making in European and American law. – M.: Statute, 2011.
6. Lapaeva V.V. Sociology of law. History and Modernity // Sociological Research. – 2008. – No. 6.
7. Savigny F.K. background The system of modern Roman law: in 8 volumes / Friedrich Karl von Savigny; ed. O. Kutateladze and V. Zubar; per. with him. G. Zhigulina; Law Research Center. Savigny. – Moscow: Statute, 2011. – T. 1.
8. Timoshina E.V., Kraevsky A.A., Salmin D.N. Methodology of Judicial Interpretation: Weighting Tools in a Situation of Human Rights Competition // Bulletin of St. Petersburg State University. – 2015. – Series 14. – No. 3.
9. Hart G.L.A. The concept of law / under the general. ed. E. V. Afonasina, S. V. Moiseeva; per. from English. E.V. Afonasina and others. – St. Petersburg: Publishing House of St. Petersburg University, 2007.
10. Steinberg I.Z. What is the “Free Law Movement”?: (Law and Judge): report, chit. in Moscow. legal about-ve. – M.: Type. Pomansky and Zapolsky, 1914.
11. Flavius G. Der Kampf um die Rechtswissenschaft. – Heidelberg: Carl Winter, 1906. – [Electronic resource]. – Access mode: http://www.gleichsatz.de/b-u-t/can/rec/gnaeus_flavius.html (Accessed 06/01/2022).
12. Kantorowicz H. Some Rationalism about Realism // Yale Law Journal. – 1934. – Issue 8. – Vol. 43.
13. Kantorowicz H. Rechtswissenschaft und Soziologie: in Verhandlungen des 1. Deutschen Soziologentages vom
19. bis 22. Oktober 1910. – Frankfurt am Main: Sauer u. Auvermann, 1910. – [Electronic resource] – Access mode: https://nbn-resolving.org/urn:nbn:de:0168-ssoar-187924 (date of access: 06/01/2022).
CONSTITUTIONAL LAW
ABAKAROV Gadzhi Alievich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
SAYBULAEVA Saida Akhmedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
THE RIGHT TO LIFE AS THE BASIS OF THE CONSTITUTIONAL AND LEGAL STATUS OF THE INDIVIDUAL
This article analyzes the fundamental natural right of every person – the right to life. The study is conditioned by the fact that the right to life is recognized as the main and primary constitutional right that requires proper legislative consolidation and regulation of its provision and protection. In the course of writing the article, general scientific and private scientific research methods were used, which made it possible to analyze and summarize the materials collected by the author from various sources related to the subject of the study. The evaluation of various approaches in determining the moment of the beginning of human life is given. The author comes to the conclusion that before the birth of a person, no rights can be recognized for him, since the recognition of even one right presupposes the existence of legal capacity, which arises exclusively after birth.
Keywords: the right to life, the constitutional and legal status of the individual, the moment of birth, human rights.
Reference bibliographic list
1. Pochepko A. I., Timoshenko I. V. Constitutional and legal status of personality in Russia: concept, composition, structure and features // Bulletin of the Taganrog Institute of Management and Economics. – 2018. – No. 1. – S. 28-31.
2. Ignatiev A. Yu. The concept of the constitutional and legal status of the individual in the Russian Federation // Pravovestnik. – 2018. – No. 1. – S. 67-69.
3. Constitutional law: university course in 2 volumes // AI Kazannik. T. 1. 2015. – M: Prospect, 397 p.
4. Gnezdilova Ya. A. The right to life: concept, legislative consolidation, legal guarantees of protection // Law and order: priority directions of development. – 2019. – No. 82-87.
CONSTITUTIONAL LAW
ARKHIPKINA Anastasia Sergeevna
Ph.D. in economical sciences, associate professor of General theoretical and state-legal disciplines sub- faculty of the East Siberian branch of the Russian State University of Justice
KOVALENKO Alina Vitaljevna
magister student of the 1st course of the East Siberian branch of the Russian State University of Justice
THE RIGHT TO FREEDOM OF ENTREPRENEURIAL ACTIVITY: THE SCOPE OF ITS IMPLEMENTATION UNDER RESTRICTIONS
The article examines the constitutional right to freedom of entrepreneurial activity, its features, as well as the problems of implementation associated with restrictions on the rights of business entities introduced for constitutionally significant purposes.
The author provides examples of classification of existing restrictions formed by inspiring the actions of both the state itself, business entities, and external environmental factors. The influence on the volume of realization of the right to freedom of entrepreneurial activity is investigated, their negative and positive characteristics are revealed, illustrated by examples.
Attention is drawn to the actualization of the issue under consideration related to temporary restrictions (and their subsequent relaxation) due to the deterioration of the epidemiological situation in the country, as well as the aggravated political situation on the world stage.
As a result of the research, the ways of improving the system of implementation and protection of the constitutional right to freedom of entrepreneurial activity are given.
Keywords: constitutional law, freedom of entrepreneurship, entrepreneurial activity, implementation, restrictions, COVID-19, geopolitical situation, sanctions.
Reference bibliographic list
1. Kravchenko L.V. Restrictions on entrepreneurial activity: features of Russian legislation // Bulletin of the University. – 2014. – No. 20. – P. 1.
2. Sherin V.V. Separate aspects of establishing restrictions on civil rights of subjects of property turnover // VestnikMGOSGI. – 2014. – No. 4. -S. 39-41.
3. Grishchenko L.L., Korabelnikova Yu.L. The right to freedom of entrepreneurial activity and problems of its implementation in Russia // Lawyer. – 2018. – No. 4. – P. 4.
CONSTITUTIONAL LAW
BAKHILINA Alyona Konstantinovna
student of the 4th course of the educational program "Jurisprudence" of the Faculty of Law of the National Research University "Higher School of Economics", Nizhny Novgorod
CODIFICATION OF ENVIRONMENTAL LEGISLATION: PROSPECTS AND PROBLEMS OF IMPLEMENTATION
Environmental legislation is one of the most extensive branches of Russian legislation, and the problem of its codification has been acute for many years. However, the question of the necessity of adoption and the concept of the Environmental Code of the Russian Federation is still debatable. In the article the problems and prospects of codification of the Russian environmental legislation are considered. The comparative-legal analysis of the French experience of systematization of environmental legislation is presented. Priority tasks of the future Ecological Code of the Russian Federation are stated.
Keywords: legislation, codification, environmental legislation, Environmental Code.
Reference bibliographic list
1. Bogolyubov S.A. Problems and objectives of the Environmental Code // Ecological Law. – 2010. – No. 6. – P. 15-21.
2. Bogolyubov S.A. Ecological law: textbook / ed. S. A. Bogolyubova. – 2nd ed., revised. and additional – M .: Yurait Publishing House, 2011. – 482 p.
3. Brinchuk M.M., Rednikova T.V. Swedish Environmental Code // Environmental Law. – 2010. – No. 6. – P. 36-39.
4. Golichenkov A.K. The concept of the Environmental Code of the Russian Federation: The main provisions of modernity // Modern environmental law in Russia and abroad. – 2001. – No. 19. – S. 19-28.
5. Ignatieva I.A. Codification of environmental legislation: modern problems and conditions of application // Ecological law. – 2008. – No. 1. – P. 16-19.
6. Kalinichenko V.T. Environmental Code of France // Environmental Law. – 2010. – No. 6. – P. 44-46.
7. Lushina L.A. Codification of environmental legislation: theory and practice // Codification of legislation: theory, practice, technique: materials. conf. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2009. – S. 765–772.
8. Petrova T.V. Ideas V.V. Petrova on the codification of legislation on environmental protection and modernity // Ecological Law. – 2009. – No. 2-3. – P. 68-75.
9. Petrova T.V. On the draft Environmental Code of the Russian Federation // Russia in the surrounding world. – 2009. – No. 12. – S. 76-90.
10. Ponurovskaya V.V. On the need for an Environmental Code to eliminate contradictions in Russian legislation // Ecological threats and national security of Russia: materials. conf. – M.: MNEPU Academy, 2016.
11. The concept of the draft Environmental Code of the Russian Federation. 08.10.2007. [Electronic resource]. – Access mode: http://www.mnr.gov.ru/docs/proekty_pravovykh_aktov/660/?special_version=Y.
12. Code de l’environnement. – [Электронный ресурс]. – Режим доступа: https://www.legifrance.gouv.fr/codes/id/LEGITEXT000006074220/.
CONSTITUTIONAL LAW
VEDMANOVA Ekaterina Valerjevna
student of the Institute of State Law and National Security of the Baikal State University
NIKEROV Dmitriy Mikhaylovich
associate professor of legal support of national security sub-faculty of the Institute of State Law and National Security of the Baikal State University
THE RIGHT TO SPORT: FROM DECLARATIONS TO IMPLEMENTATION
Physical exercise, sport and movement are an essential part of everyone's life. Man is by nature an active being, but whereas in the past this helped him to survive, nowadays everyone is free to choose his own way of life. Over the past two centuries, major sporting events such as the Olympics, world championships, and World Cup events in winter and summer sports in various countries have been increasingly resonating around the world, raising interest in sport among people of all ages. However, the question of the legal regulation of this right in different periods of time and the enforcement of the right to sport now remains equally important and interesting.
Keywords: sport, human rights, right to sport, constitutional regulation, comparative analysis.
Reference bibliographic list
1. Ignatenko V.V., Petrov A.A. Features of the final decisions of the Constitutional Court of the Russian Federation on cases of interpretation of the Constitution of the Russian Federation // Academic legal journal. – 2018. – No. 4 (74). – S. 14-20.
2. Lavygina I.V. The illusory nature of certain constitutional provisions in penology // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1. – P. 97-103.
3. Leonova S.V. The constitutional principle of social solidarity as a basis for the consolidation of Russian society and the state // Bulletin of the Baikal State University. – 2021. – T. 31. – No. 4. – S. 562-567.
4. Litvintseva N.Yu. The constitutional mechanism for the implementation of individual rights in criminal proceedings // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 2. – S. 28-36.
5. Timofeychik T.N. The right to play sports: the concept and international legal consolidation // Bulletin of the Grodno State University named after Yanka Kupala. Series 4. Jurisprudence. – 2015. – No. 4 (196). – S. 105-110.
6. Troyanovskaya M. O. Declaration of Independence of the USA 1776. [Electronic resource]. – Access mode: https://w.histrf.ru/articles/article/show/dieklaratsiia_niezavisimosti_ssha_1776 (date of access: 02/15/2022).
7. Chernyad'eva A.S. On the need to secure the right to sports in Russian legislation // Legal Science and Law Enforcement Practice. – 2021. – No. 4 (58). – S. 107-113.
8. Yakimova E.M. On the issue of the fundamental nature of entrepreneurial activity as a scientific category // Baikal Research Journal. – 2018. – T. 9. – No. 1. – P. 1.
CONSTITUTIONAL LAW
ASHITKO Maria Valerjevna
competitor of the National Center of Legislation and Legal Research of the Republic of Belarus
THE RIGHT OF THE CHILD TO LIFE AS AN ELEMENT OF THE CONSTITUTIONAL PROVISIONS THAT DETERMINE THE DEMOGRAPHIC POLICY OF THE REPUBLIC OF BELARUS
The article deals with the problematic issues of the constitutional provisions on the child’s right to life as a special form of the biological existence of matter, which is one of the important elements of the demographic policy of the Republic of Belarus. The opinions of lawyers, as well as scientists from other fields of scientific activity on the right of a child to life from the moment of conception, the fetal period and his birth, were studied and discussed. The analysis of the compliance of the norms of the current legislation of the Republic of Belarus and the norms of international law was carried out, ways of improving the legal support regarding the protection of the child's right to life in the conditions of public and social reality of the Republic of Belarus were determined.
Keywords: the child's right to life, Constitution of the Republic of Belarus, civil, labor, criminal legislation of the Republic of Belarus.
Reference bibliographic list
1. Efremova T.F. Modern dictionary of the Russian language: three in one: spelling, word-formation, morphemic: approx. 20,000 words, approx. 1 200 words units. – M.: ACT: Astrel, 2010. – 699 p.
2. Convention on the Rights of the Child: adopted by resolution 44/25 Gen. Assembly, 20 Nov. 1989 // United Nations. [Electronic resource] – Access mode: http://www.un.org/ru/documents/decl_conv/conventions/childcon.shtml. – Access date: 08/06/2020.
3. The Constitution of the Republic of Belarus of 1994: as amended. and additional, adopted by the Republic. referenda on 24 Nov. 1996 and 17 Oct. 2004 February 27, 2022 – Minsk: National Center for Legal Information of the Republic of Belarus, 2022. – 78 p.
4. The Constitution of the Russian Federation: adopted by the All-Nar. vote on 12 Dec. 1993: amended, approved. in the course of the general voting on July 1, 2020 // Official Internet portal of legal information. [Electronic resource] – Access mode: http://publication.pravo.gov.ru/Document/View/0001202007040001. – Access date: 08/06/2020.
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CONSTITUTIONAL LAW
MALLALIEVA Gulnara Huseynovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMS OF REALIZATION OF THE CONSTITUTIONAL RIGHT TO FREEDOM OF SPEECH IN THE ACTIVITIES OF THE MEDIA IN THE TERRITORY OF THE RUSSIAN FEDERATION
Analyzing the provisions of the current legislation on freedom of speech in the activities of the media, the author comes to the conclusion that the constitutional right to freedom of speech is not absolute and certain restrictions are established to preserve national security and the constitutional order of the country. So, in the light of recent events, the so-called law “On fakes” came into force. Guided by this law, amendments were made to the Criminal Code of the Russian Federation, in terms of criminal liability for disseminating false information, for publicly discrediting the Armed Forces of the Russian Federation, etc. In addition, speaking about some restrictions on freedom of speech in the media, we can say that the freedom of speech as a whole is an indicator of the democratic nature of the model of the state-political structure. However, due to various reasons of the objective and subjective nature of the mass media are not absolutely free and independent in their activities.
Keywords: Media, freedom of thought, freedom of speech, journalist, right to information.
Reference bibliographic list
1. Vorobieva O.K. The right to freedom of speech in the information society: problems and prospects // In the collection: Actual problems of law, economics and management. – 2021. – S. 229-230.
2. Commentary on the Constitution of the Russian Federation / Ed. V.D. Zorkin and L.V. Lazarev. – M.: Eksmo, 2009. – 1056 p.
3. Bondarik E.V. The Constitutional Principle of Freedom of Speech: Media Regulation Practices in Modern Russia // Social Sciences and Modernity. – 2019. – No. 3. – S. 123-134.
4. Ivliev P.V., Anan'eva E.O. Mass media as the fourth branch of power // Law and Law. – 2021. – No. 1. – S. 50-52.
5. Mezhidov M.-A. D., Mutsalov Sh.Sh. Constitutional and legal foundations of media freedom in the Russian Federation // Modern Science. – 2019. – No. 10-1. – S. 156-160.
6. Polkanova T.V. Restrictions and prohibitions in the media. Legal restrictions on media freedom: necessity and limits // Collection of articles of the VIII All-Russian scientific and practical conference dedicated to the 70th anniversary of the Penza State Agrarian University. – 2021. – S. 90-94.
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8. Bykova T.N. Freedom of speech in the media under the conditions of modern legislation and the media market in Russia // Bulletin of the Chelyabinsk State University. – 2009. – No. 39. – S. 26-28.
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10. Kadochnikov P.A. Freedom of speech in the media // Proceedings of the XIV All-Russian December Legal Readings in Kostroma: All-Russian Scientific and Practical Conference. – 2018. – S. 184-187.
CONSTITUTIONAL LAW
ALI JIHAD Ammar Raad
postgraduate student of the Peoples Friendship University of Russia
ISSUES OF SHARIA AND CONSTITUTIONAL NORMS INTERACTION IN THE REPUBLIC OF IRAQ: AD DELIBERANDUM
In the article, the author analyzes the correlation of sharia norms with the norms of the constitutional law of the Republic of Iraq, comparing the current legal regime of religious prescriptions with Iraq neighboring states. The article dwells upon the provisions of the 2005 Constitution of Iraq concerning the definition of the legal status of Sharia in the legal field of Iraq, reveals several obscure provisions and internal contradictions of the text of the Constitution, having positive conclusion on relative effectiveness of the Sharia norms and declared democratic principles combination. In the first part, the author analyzes in detail the provisions of Art . 2 of the 2005 Constitution of Iraq, where “Islamic law” is enshrined as one of the sources of law. The author’s attention was also attracted by the fact that Islam itself as a religion, and therefore an independent social regulator, in the Constitution was replaced by Islamic law as a special legal system. To further determine the legal status of Sharia in the Iraqi statehood, the author refers to the practice of the highest judicial instance of the Republic of Iraq, which has already dealt with cases of founding unconstitutional several acts which contradicted the literal wording of the Koran.
Keywords: Republic of Iraq, Sharia, Islam.
Reference bibliographic list
1. Zaid Al-Ali, Yussef Aur. The Iraqi Constitution: Analysis of the Controversial Articles. Solutions and Recommendations. 1st edition // Friedrich-Ebert-Stiftung Jordan & Iraq. – 2020.
2. Intisar A.Rabb. "We the Jurists": Islamic Constitutionalism in Iraq // Journal of Constitutional Law. – Vol. 10:3.
3. McDonough P. Human Rights Commitments of Islamic States. Sharia, Treaties and Consensus. – New York: Hart Publishing Bloomsbury Publishing Plc. – 2020.
4. Hansen F. The Iraqi Constitution: Upholding Principles of Democracy While Struggling to Curtail the Dangers of an Islamic Theocracy // Roger Williams University Law Review. – Vol. 12.
5. Haider A. Hamoudi. Religious Minorities and Shari'a in Iraqi Courts // Boston University International Law Journal. – 2013. – Vol. 31:387.
6. Ashley S. Deeks, Matthew D. Burton. Iraq's Constitution: A Drafting History // Cornell International Law Journal. – 2007. – Vol. 40.
7. Kawa A. Sherwanila, Abdullah O. Yassenb, Ayad Y.
H. Kokhac. Minorities in Iraqi Constitution: A Critical Analysis of the Legal Discourse // Turkish Journal of Computer and Mathematics Education. – 2021. – Vol. 12.
CONSTITUTIONAL LAW
BELOUSOV Viktor Pavlovich
postgraduate student of the Saint-Petersburg University of Management Technologies and Economics
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economic sciences, professor of the Saint-Petersburg University of Management Technologies and Economics
CONSTITUTIONAL AND LEGAL FRAMEWORK FOR THE ORGANIZATION AND ACTIVITIES OF LOCAL GOVERNMENT BODIES IN THE RUSSIAN FEDERATION AND IN THE CIS MEMBER STATES
The purpose of the article is to study the constitutional and legal foundations for the organization and activities of local governments in the Russian Federation and in the CIS member states. The tasks include reviewing the current state and key problems of the development of local governments in the Russian Federation and in the CIS member states, as well as offering recommendations for their improvement. The object of the study is local governments in the Russian Federation and in the CIS member states. The subject of the study is the processes of development of local governments in the Russian Federation and in the CIS member states. It is determined that the system of local self-government of each individual post-Soviet state functions within a certain political culture and traditions, its features are determined by many, sometimes imperceptible factors related to the surrounding socio-political environment, therefore it is impossible to give an unambiguous assessment of a particular system of local self-government, even within its characteristic political and administrative context; it is even more difficult to determine how it will operate and function when it is transferred and implemented in our state.
Keywords: constitutional and legal foundations, organizations, system of local self-government bodies, Russian Federation, CIS.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020).
2. Federal Law No. 131-FZ of October 6, 2003 (as amended on July 1, 2021) “On the General Principles of Organizing Local Self-Government in the Russian Federation” (as amended and supplemented, effective from September 30, 2021).
3. E. K. Abil, A. B. Kosherbaeva, M. A. Abisheva, A. E. Aldiyarova, L. N. Burlakov, A. S. Esengeldina, E. K. Zharov, and M. B. Kadyrova, Karamalaeva Z.T., Marmontova T.V., Medeuov Zh.K. The evolution of public administration in the countries of the post-Soviet space. Republic of Kazakhstan // Public Service. 2021. – No. 1 (129). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evolyutsiya-gosudarstvennogo-upravleniya-v-stranah-postsovetskogo-prostranstva-respublika-kazahstan (date of access: 05/17/2022).
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5. Kallagov T.E. State concept of development of municipal service in the system of local self-government in the Russian Federation // Education and Law. – 2022. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennaya-kontseptsiya-razvitiya-munitsipalnoy-sluzhby-v-sisteme-mestnogo-samoupravleniya-v-rossiyskoy-federatsii (date of access: 05/17/2022).
6. Kallagov T.E. Organization of municipal service in the Russian Federation // Education and law. – 2021. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-munitsipalnoy-sluzhby-v-rossiyskoy-federatsii (date of access: 05/17/2022).
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CONSTITUTIONAL LAW
GARABEYLI Tahira Mustafaevna
doctoral student of the Academy of Public Administration under the President of the Republic of Azerbaijan, researcher at the University of Cologne (DAAD scholarship holder) and the Humboldt University of Berlin (Berlin parliament scholarship holder), head of the Department of Law, Human Resources and Documentation of the Primorsky Boulevard Administration of the Republic of Azerbaijan
DEFINITION OF CHILD ABUSE AND LEGAL AND RELATED REMEDIES AS PREVENTIVE MEASURES AGAINST IT
Child abuse is the phenomenon, which occurs and exists in every part of the world, independent of cultural, religious traditions or economic indicators. These factors may somehow affect or have an influence over the growth or spreading of child abuse, but basically violence over the unprotected ones can be seen in poor countries, as well as the economically developed ones. Historical approach to the issue leads us to the art of the ancient Greek and Rome and to the laws of Babylon and shows us that there were always (like today) two kinds of attitude towards the children: as the sexual objects and as the children. The author investigates and juxtaposes the psycho- scientific facts with the legal understanding of child abuse and tries to create an image of the conditions and circumstances in which such atrocities occur. Children who were subjected to violence can very rarely recover from the psychological traumas and their lives can never be the same again. The duty of law is not only the defense of every little one, especially who are jeopardized by violence, but also the prevention of as many children as possible from the supposed risk of abuse. Social workers, schools, guardianship authorities, even religious institutions must work together for the purpose of making of this world to be a better place for children.
Keywords: child abuse, child trafficking, pedophilia, signs of violence against a child, safe shelters.
Reference bibliographic list
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9. Catalina Arata, Jennifer Langhinrichsen – Rohling, David Bowers and Natalie O’Brien, ‘Differential correlates of multi-type maltreatment among urban youth’, Child abuse and Neglect, 31, (2007), 392-415.
10. deMause L, ‘The universality of incest’, The Journal of Psychohistory, 1991 19(2), 2004.
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13. Estes J R and Weiner N A, The commercial sexual exploitation of children in the United States, In Cooper, S W, R J Estes, A P Giardino, N D Kellogg and V I Vieth (Eds), Medical, legal and social science aspects of child sexual exploitation : A comprehensive review of child pornoraphy, child prostitution, and Internet crimes against children 95-128, St Louis, MO: GW Medical Publishing.
14. Farley M, Preface: Prostitution, trafficking and traumatic stress, In M Farley (Ed), Prostitution, trafficking and traumatic stress (2003).
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16. Felitti V et al, ‘Relationship of childhood abuse and household dysfunction to many of the leading causes of death in adults’, American Journal of Preventive Medicine, 1998, 14:245–258.
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CONSTITUTIONAL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy 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
FEATURES OF THE STAGES OF THE LEGISLATIVE PROCESS IN FOREIGN COUNTRIES
The article discusses the stages of the legislative process in foreign countries. Foreign legislative features are studied, specific examples are given, enshrined in the basic laws of foreign countries, concerning the rules and procedures for adopting laws at various stages. A large volume of foreign constitutional legislation is analyzed. The importance of research and scientific understanding of
the legislative process in foreign countries is updated from the standpoint of practical use, the search for flaws, shortcomings and advantages. The interrelation of legislative features with the form of government, the right of legislative initiative and the political regime of a particular state is considered.
Keywords: legislative process, foreign countries, stages of the legislative process, lawmaking, creation of laws.
Reference bibliographic list
1. Drinking M.V. Strategic planning in ensuring the effectiveness of lawmaking // Journal of Russian Law. – 2018. – No. 3. – S. 43-53.
2. Yugov A.A. The structure of the legislative process as an integral system // Russian Law: Education. Practice. The science. – 2018. – No. 5. – S. 55-64.
CONSTITUTIONAL LAW
PETROV Denis Georgievich
magister student of the M. K. Ammosov North-Eastern Federal University
ILJINA Olga Yurjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the M. K. Ammosov North-Eastern Federal University
TO THE QUESTION OF THE BEGINNING AND CONTENT OF THE RIGHT TO LIFE
The article considers the norms of international as well as constitutional law of a number of countries, proclaiming the human right to life. The similarities and differences in the interpretation of the concept of the right to life are analyzed, different approaches to the constitutional and legal content of the right to life are investigated. The authors explore topical issues related to the moment when a person has the right to life. It is considered how the norms of international law on actually permissible restrictions on the right to life are reflected in national legal systems. The analysis of current trends in expanding the content of the right to life is carried out.
Keywords: the right to life, the content of the right to life, the realization of the right to life, the obligations of the state to protect human rights, the protection of the right to life.
Reference bibliographic list
1. Dragana Ćorić. Right to life, whatever life is // Yearbook. human rights protection. right to life. – No. 4. – P. 55-65.
2. Klyga T.V. The historical aspect of the emergence and formation of the right to life in the ancient world and during antiquity // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 36.
3. Romanovsky G.B. Theoretical problems of the human right to life: constitutional and legal research: author. dis. … doc. legal Sciences: 12.00.02. – Penza, 2006. – P. 4.
4. Pasmarnova V.E. On the issue of the concept of the right to life // Electronic scientific journal "Science. Society. State". – 2014. – No. 4.
5. Selikhova O.G. Constitutional and legal problems of the implementation of the right of individuals to freedom and personal integrity // Dis. cand. legal Sciences: 12.00.02. – Yekaterinburg, 2002. – S. 205.
6. Tanaev V.M. The right to die // Bulletin of the State University, Yekaterinburg. – 2016. – No. 1. – P. 6.
CONSTITUTIONAL LAW
SOODONBEKOV Artur Amanturovich
adjunct of the 3rd Faculty of Training of Scientific and Pedagogical Staff of the Academy of Management of the MIA of Russia
NOVELTIES OF THE KYRGYZ REPUBLIC ELECTORAL LEGISLATION
The article discusses the issues of improving the electoral system in the Kyrgyz Republic, its further development in connection with the new Constitution of the Kyrgyz Republic in 2021. It is shown that the introduction of preferential voting along with the mixed electoral system in the Kyrgyz Republic is a new step in the development of the electoral system, which is still at the stage of transformation.
Keywords: voters, electoral associations, improvement of electoral legislation, electoral system, elections, Parliament.
Reference bibliographic list
1. Abazov A.S. The genesis of the electoral system of the Republic of Kyrgyzstan as a state – a member of the CIS in the post-Soviet period // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. No. 5. M., 2015. S. 47.
2. Bolshakov S.V., Evlanov I.A., Imanbaev S.I., Ishenko E.P., Zulpiev B.R. Orozaliev T.O. Electoral legislation of the Kyrgyz Republic. Uch. allowance. Bishkek, 2001.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
PUBLIC LIABILITY: CONCEPT AND FEATURES
The article analyzes scientific approaches and reveals the theoretical and legal prerequisites for the formation of the institute of “public legal responsibility” within the framework of the basic concept of “legal responsibility”. On the basis of the conducted research, the essence and features of public liability within the framework of modern legal reality are revealed, and the author’s definition of the category of “public liability” is also derived.
Keywords: legal responsibility; public legal responsibility; features of public legal responsibility.
Reference bibliographic list
1. Kuzmin I.A. Specifics of public liability // Lex Russica. – 2017. – No. 6 (127). – S. 39-50.
2. Umnova I.A. Constitutional foundations of modern Russian federalism: dis. doc. legal Sciences: 12.00.02 // Moscow State Law Academy. – Moscow, 1997. – 398 p.
3. Yatsenko O.V. The Institute of Legal Responsibility in Public Law: Theoretical Aspects // Philosophy of Law. – 2007. – No. 2. – P. 35.
4. Runets S.V. Public law responsibility of the head of state // Business in law. – 2010. – No. 3. – S. 11-12.
5. Butakova N.A., Pirozhkova N.P. Legal responsibility: concept, types // Scientific works of the North-Western Academy of Public Administration. – 2012. – T. 3. – No. 1 (50). – S. 251-265.
6. Prokopovich G.A. Theoretical model of legal liability in public and private law: author. diss. … doc. legal Sciences 12.00.01 / NOU VPO "Legal Institute" (St. Petersburg), 2010. – 62 p.
7. Skrebneva N.A. Legal responsibility in public and private law: issues of theory and practice: diss. … cand. legal Sciences 12.00.01 / NOU VPO "Moscow Institute of Public Administration and Law (MIGUP)". – M., 2018. – 189 p.
8. Rudenko A.V. Compliance with the principles of proportionality of punishment and individualization of punishment when bringing to administrative responsibility // Academic Bulletin of the Rostov Branch of the Russian Customs Academy. – 2016. – No. 4 (25). – S. 77-81.
9. Buts S.B., Evsikova E.V. On the issue of reforming administrative-tort legislation and the legislative definition of the concept of "administrative responsibility" // Eurasian legal journal. – 2020. – No. 5 (144). – S. 154-156.
ADMINISTRATIVE LAW
KULAKOV Nikolay Andreevich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the St. Petersburg University of the MIA of Russia
TEMNIKOV Alexey Yurjevich
Ph.D. in Law, associate professor, associate professor of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ERMOLAEV Vyacheslav Gennadjevich
associate professor of administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
REGULATION OF PUBLIC RELATIONS IN THE FIELD OF NOTARY: PUBLIC-LEGAL ASPECT
The study is devoted to topical issues of improving public administration and administrative and legal regulation in the field of notary. The subject of the study was the norms of administrative and administrative-procedural law governing relations in the field of notary organization. The work uses a formal-logical method, comparative-legal methods, the method of statistical analysis. During the study, a number of proposals were formulated to improve administrative and legal regulation in the field of notary.
Keywords: notary, public law regulation, administrative and legal regulation, justice.
Reference bibliographic list
1. Klyachin E.N. The constitutional guarantee of everyone on the receiving endThe formation of qualified legal assistance is impossible without a more complete use of the potential of the notaries // Notaries, state power and civil society: current state and prospects. – M., 2007. – S. 14-19.
2. Cheremnykh I.G. Formation of an independent notary in Russia as an institution for the implementation of law enforcement activities: dis. … doc. legal Sciences. – M., 2007. – S. 132-136.
3. Chernikov A.E. Legal nature of notaries in modern Russia // Management of social and economic systems. – 2009. – No. 1. – S. 1-9.
ADMINISTRATIVE LAW
IGNATJEVA Irina Valentinovna
Ph.D. in economical sciences, associate professor of General theoretical and state legal disciplines sub-faculty of the East-Siberian branch of the Russian State University of Justice
ZEDGENIZOVA Irina Ivanovna
Ph.D. in economical sciences, associate professor of Economics and digital business technologies sub-faculty of the Irkutsk National Research Technical University
KIRILCHIK Elena Valerjevna
lecturer of General theoretical and state legal disciplines sub-faculty of the East-Siberian branch of the Russian State University of Justice
FEATURES OF THE FORMATION OF LEGAL CONSCIOUSNESS IN THE BUSINESS ENVIRONMENT
This article examines the features of the formation of the legal consciousness of entrepreneurs as the most important factor in building a market economy in the Russian Federation. The issues of the formation of legal consciousness both in society as a whole and in its constituent social groups are especially acute in times of systemic crises, the onset of which, by all indications of the current geopolitical and international and domestic economic situation, is expected very soon. The author considers the legal consciousness of entrepreneurs as a social group that plays a significant role in the Russian economy. The paper examines both national and international experience of the influence of various external and internal conditions on the formation of entrepreneurial legal consciousness. Taking into account the above experience, proposals were made to improve regulation, the purpose of which is to form a legal consciousness that satisfies the interests of the state and society. The author has developed a thesis about the anti-crisis legal awareness of entrepreneurs, which can be a worthy response to the problems that arise in society during periods of economic crises.
Keywords: legal awareness, entrepreneurs, public policy, legal responsibility, benefits and preferences.
Reference bibliographic list
1. Marchenya P.P., Strelkova N.V. Law and turmoil: Mass legal consciousness in the context of the formation and overcoming of systemic crises in Russia // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – S. 251-253.
2. Marchenya P.P., Strelkova N.V. Russian Marxism and mass legal consciousness in Russia: a meeting of philosophy and law in the context of systemic crises of the state and society // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (45). – S. 289-290.
3. Omae K. Features of doing business in Japan. – [Electronic resource]. – Access mode: https://sweetbusiness.ru/index/htm/business-2/yaponskij-biznes.
4. Russia and the global crisis of modernity: materials of the interdepartmental round table // Philosophical research and modernity: Issue. 10. – Moscow: IPL, 2021. – S. 202-255.
5. Salnikova O.Yu. Comparative analysis of the features of the legal consciousness of persons engaged in entrepreneurial activity, on the example of Japan and Russia // Young scientist. – 2014. – No. 6 (65). – S. 573-575.
6. Tikhomirov Yu.A. Legal consciousness in conditions of social dynamics // State and law. – 2020. – No. 3. – P. 37-41.
7. FAS recalled the inadmissibility of creating an artificial shortage of sugar. – [Electronic resource]. – Access mode: https://www.rbc.ru/rbcfreenews/6222764c9a79474925d4cee8.
8. Shagimardanov A.R. The influence of Islamic ethics and Russian law on the formation of legal consciousness and legal culture of Muslim entrepreneurs // Power of Law. – 2020. – No. 1 (41). – S. 183-191.
ADMINISTRATIVE LAW
MALAEV Azret Husenovich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
KARACHAEV Aslan Ruslanovich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, captain of police
TO THE QUESTION OF THE SUBJECT OF LEGAL REGULATION OF ADMINISTRATIVE LAW
Administrative law is one of the main regulators of public relations, affecting almost all spheres of activity of state bodies, officials and citizens. The management activities of state bodies are closely related to administrative law. Administrative law studies not only the norms of the administrative legislation of Russia, but also the relevant public relations regulated by them. according to statistics,
administrative law or administrative-legal activity affects up to 80-90 percent of the activities of public authorities.
Keywords: Administrative law, concept of administrative law, subject, branch, rule of law.
Reference bibliographic list
1. Abdullaeva I.G. The place of administrative law in the legal system // Modern scientific research and development. – 2017. – No. 8 (16). – S. 24-26.
2. Abdullina A.M. Administrative and legal norms in the legal system of Russia // Alley of Science. – 2018. – T. 1. – No. 5. – S. 711-715.
3. Abrahamyan A.G. Development and improvement of administrative practice as a source of administrative law in the context of administrative reform in Russia // Law and State: Theory and Practice. – 2017. – No. 3 (147). – S. 138-142.
4. Bondarenko V. Conditions for the effectiveness of the application of administrative and legal norms // Bulletin of the National University "Lviv Polytechnic". Series: Legal Sciences. – 2016. – No. 855 (12). – S. 32-37.
ADMINISTRATIVE LAW
MOSKALENKO Stanislav Aleksandrovich
Ph.D. in Law, senior lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
LYSTCEV Boris Sergeevich
lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
TKACHUK Valentina Nikolaevna
senior lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
DMITRIEVA Natalya Vladimirovna
lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
THE USE BY TRAFFIC POLICE OFFICERS OF MEASURES TO ENSURE THE PRODUCTION OF CASES OF ADMINISTRATIVE OFFENSES IN THE FIELD OF ROAD SAFETY WITHOUT THE PARTICIPATION OF WITNESSES: TO THE QUESTION OF THE POSSIBILITY OF USING VIDEO RECORDINGS IN THE ABSENCE OF WITNESSES
In the article, the authors present an analysis of the activities of employees of the State Traffic Inspectorate to ensure the production of cases of administrative offenses in the field of road safety without the participation of witnesses, taking into account the existing problematic aspects regarding the use of video recordings in the absence of witnesses. The authors propose possible ways to solve the identified problems, as well as ways to improve the current legislation on the profile of the chosen problem.
Keywords: administrative offenses, traffic safety, video surveillance, witnesses, state road safety inspectorate.
Reference bibliographic list
1. Tsupko V.A. Administrative-legal and organizational bases of public order protection tactics: dis. cand. legal Sciences. – M., 2003.
2. Vologdin E.I., Kovalgin Yu.A., Glasman K.F. Recording audio and video signals: a textbook for universities. – M.: Academpress, 2010.
3. Anikin I.A. Participation of attesting witnesses in the application by the road patrol service of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia of measures to ensure proceedings in cases of administrative offenses // Administrative Law and Process. – 2015. – No. 7.
4. Bagautdinov F.N. The institution of witnesses: to improve, not to abolish // Legitimacy. – 2012. – No. 4.
5. Milenin Yu.N. Audio and video documents as evidence in criminal proceedings: author. dis. … cand. legal Sciences. – M., 2009.
ADMINISTRATIVE LAW
PONOMAREV Aleksandr Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
RUSANOVA Svetlana Yurjevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
ON THE PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE AND JURISDICTIONAL COMPETENCE OF ADMINISTRATIVE COMMISSIONS
The article analyzes the features of the legal, organizational and competence basis of the activities of administrative commissions. The problematic issues arising in the process of functioning of municipal bodies of administrative jurisdiction are identified, as well as possible ways of solving them are formulated.
Keywords: administrative commission, administrative jurisdiction, commission on juvenile affairs and protection of their rights, local administration, local self-government bodies.
Reference bibliographic list
1. Solovey Yu.P. Russian legislation on administrative responsibility needs to be improved // Bulletin of the University. O.E. Kutafin (MSUA). Issue: Administrative law and process. – 2014. – No. 2. – P. 56-63.
2. Taibova O.Yu. Legal Status of the Commission on Juvenile Affairs and Protection of Their Rights: Problems and Prospects // Lex russica. – 2015. – No. 1. – P. 59.
3. Khodukin D.V., Aulov V.K. Administrative commissions of municipalities of the Trans-Baikal Territory: results and problems of activity // State power and local self-government. – 2016. – No. 8. – P. 32-37.
4. Sukharevsky I.A. Problematic issues of determining the competence of the constituent entities of the Russian Federation in the draft Code of the Russian Federation on Administrative Offenses // Journal of Russian Law. – 2017. – No. 10. – S. 71-80.
5. Suponina E.A. On some problems arising in the activities of the commission on minors and the protection of their rights when considering cases of administrative offenses // Innovative science. 2016. No. 3. – S. 85-87.
6. Ponomarev K.A. Administrative commissions in municipalities: problems of regulation and organization of activities: author. dis. … cand. legal Sciences. – Rostov n / D, 2011. – 27 p.
7. Shepelev V.A. The modern concept of administrative justice in Russia // Young scientist. – 2019. – No. 37 (275). – S. 71-76.
8. Determination of the Supreme Court of the Russian Federation No. 47-G03 of February 04, 2004 – [Electronic resource]. – Access mode: http://sudbiblioteka.ru/vs/text_big2/verhsud_big_29865.htm. (date of access: 03/22/2022).
9. Khovalkin I.A. Reforming the system of local self-government in 2020: regulatory and legal issues, financial support and regulation // Young scientist. – 2020. – No. 52 (342). – S. 256-259.
10. Umetbaeva Yu.I. Reforming control and supervisory activities in the Russian Federation // Bulletin of the Volga University. V. N. Tatishcheva. – 2017. – No. 4. – P. 121-127.
11. Tarkhanov M.V. The mechanism for the implementation of local self-government in the municipal districts of the constituent entities of the Russian Federation. – M.: Yurkompani, 2015. – 180 p.
12. Mozgareva-Marchenko L.A., Rusanova S.Yu. The role of commissions for minors and the protection of their rights of municipalities in ensuring juvenile law and order // Human rights and freedoms in the context of the development of a modern state: Proceedings of the All-Russian Scientific and Practical Conference, Krasnodar, December 09, 2016. – Krasnodar: FGKOUVPO "Krasnodar University of the Ministry of Internal Affairs of the Russian Federation", 2017. – P. 218-222.
13. Local self-government and municipal government: textbook / A.P. Gorbunov, V.I. Goncharov, I.F. Golovchenko and others; ed. A.S. Prudnikov, M.S. Trofimov. – 2nd ed., revised. and additional – Moscow: Unity, 2015. – 399 p.
ADMINISTRATIVE LAW
PKHITIKOV Ruslan Batyrovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
GUTAEV Alim Magomedovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
ON THE ISSUE OF ADMINISTRATIVE RESPONSIBILITY FOR DRIVING A VEHICLE WHILE INTOXICATED
The article is devoted to the consideration of the issue of administrative responsibility for driving a vehicle while intoxicated. In it, the author focuses on persons driving vehicles while intoxicated, as well as those who previously had administrative offenses. It also considers the toughening of punishment and the introduction of criminal liability measures for counteracting traffic accidents committed through the fault of persons in a state of intoxication.
Keywords: driving in an alcoholic intoxication, administrative responsibility, criminal responsibility.
Reference bibliographic list
1. Yakovleva A.R. Administrative responsibility for transport management in a state of alcoholic intoxication // Scientific electronic journal Meridian. – 2019. – No. 10 (28). – S. 90-92.
2. Oblitsov V.A. To the question of legal liability in a state of alcoholic intoxication in the Russian Federation // Alley of Science. – 2018. – V. 2. No. 6 (22). – S. 802-805.
3. Pestov R.A., Smirnova E.S. On the issue of strengthening the legal responsibility for driving while intoxicated // Collections of conferences of the Research Center Sociosphere. – 2012. – No. 26. – P. 110-113.
ADMINISTRATIVE LAW
STRIZHCHENKO Igor Alexandrovich
senior lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
PROVATOROV Igor Olekovich
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
ACTIVITIES OF LOCAL POLICE COMMISSIONERS FOR THE PREVENTION OF OFFENSES RELATED TO ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The article reveals the concept of an illegal element in the field of drug trafficking – a pawnbroker. The places of possible illegal activity of the pawnbroker in the serviced territory are described in sufficient detail, taking into account the nature of the sale of narcotic drugs and psychotropic substances in a contactless way. The article also describes the appearance and behavior of the pawnbroker as methods of masking illegal activities and avoiding responsibility. This information is aimed at improving the basic level of knowledge of young employees of the internal affairs bodies of the Russian Federation from among the units of the district police commissioners (UUP), for the effective detection and prevention of illicit trafficking in narcotic drugs and psychotropic substances (PAV)
Keywords: pawnbroker, illegal drug trafficking, methods of avoiding law enforcement agencies, precinct, prevention, detection.
Reference bibliographic list
1. On the service of a district police officer in a serviced administrative area and the organization of this activity "(together with the Instructions for the performance of duties by a district police officer in a serviced administrative area", "Manual on organizing the service of district police officers"), Order of the Ministry of Internal Affairs of Russia dated 03/29/2019 No. 205. Access from the legal reference system "ConsultantPlus".
2. The current state and prospects for ensuring the economic independence of Russia // Proceedings of the II national scientific and practical conference. 2020 Publisher: FGBU "Russian Energy Agency" of the Ministry of Energy of Russia Krasnodar TSNTI – a branch of the FGBU "REA" of the Ministry of Energy of Russia (Krasnodar).
3. Dissertation on the topic “Combating the legalization (laundering) of money or other property acquired by criminal means: criminal law and criminological aspects”, VAK RF 12.00.08 – Criminal and criminology; penal law. Krasnodar, 2016. 251 p.
ADMINISTRATIVE LAW
URUSOV Zamir Khasanovich
senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SECURITY MEASURES IN THE PROCEEDINGS ON CASES OF ADMINISTRATIVE OFFENSES
The article discusses measures that allow the state to regulate the legal relationship in society. In modern society, there are many social relations of various nature. Often in the sphere of their implementation and protection, issues arise that require the intervention of state bodies and officials, and this is precisely what gives rise to the peculiarities of the methods and ways of their regulation. In a state governed by the rule of law, the order of management in which is ensured by the current legislation, it is necessary to have such a mechanism through which control over its observance and execution will be carried out. The measures of state coercion act as a regulator here. They not only realize the protective function of the state, but are also called upon to guarantee the rights and freedoms of man and citizen, which is the highest value of any state. In addition, other goals of state coercion include: prevention of illegal behavior, as well as its suppression, restoration of violated rights and compensation for damage caused. One of the methods of public administration is administrative coercion, which will be discussed below. It is mainly carried out through the activities of police officers. The use of security measures by them during the proceedings is aimed at understanding by the citizen the need to comply with the rules of conduct reflected in the administrative and legal norms. But this does not apply to everyone, but only to those who determine the generally binding rules of conduct in the field of public administration. Through the use of measures of administrative coercion by employees of the internal affairs bodies, public law and order, protection of the rights, freedoms and legitimate interests of a person and public organizations are ensured.
Keywords: measures of state coercion, normative legal acts, consideration of the case, administrative and legal nature of coercive measures.
Reference bibliographic list
1. Zakopyrin V.N. Procedural and legal guarantees of the rights and freedoms of citizens in the application of measures to ensure the proceedings in the case of an administrative offense // In the collection: Human and civil rights and freedoms in criminal and administrative proceedings. Digest of articles. – Ryazan, 2020. – S. 27-31.
2. Kapranova Yu.V. Limits of restrictions on the rights of citizens when applying measures to ensure proceedings in a case of administrative offenses // In the collection: Topical issues of the application of administrative law (“Korenev readings”). V International scientific-practical conference: collection of scientific papers. Comp. IN AND. Kovshevatsky. – Moscow, 2021. – S. 194-196.
3. Makarov D.V. The main provisions of legality in the application of measures to ensure the proceedings in the case of administrative offenses // In the collection: Actual problems of protecting the rights and freedoms of citizens: historical, theoretical and legal aspects. Materials of the All-Russian Scientific Conference. Rep. editor S. L. Melnikova, 2020. – S. 99-107.
4. Prudnikova D.E. Measures to ensure administrative proceedings in cases of offenses in transport // Young scientist. – 2019. – No. 35 (273). – S. 73-74.
5. Urusov Z.Kh. Measures to ensure proceedings in the case of administrative offenses // Eurasian legal journal. – 2021. – No. 4 (155). – S. 126-127.
ADMINISTRATIVE LAW
KALINICHENKO Dmitry Vladimirovich
postgraduate student of the St. Petersburg University of the Humanities and Social Sciences
PROBLEMS OF APPLICATION OF MEASURES OF ADMINISTRATIVE COERCION BY INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
The scientific article defines the relevance and significance of the use of administrative coercion measures by employees of the internal affairs bodies, the problems of their legal regulation. On the example of the introduction in 2021 of such a measure of state coercion as the opening of a vehicle, the need for further improvement of the legislation of the Russian Federation in this area is noted. The author has carried out a brief comparative legal analysis of the correlation of the grounds for the use of inspection and vehicle inspection in the law enforcement activities of the police. As the basic (leading) principle of application of any measure of administrative coercion, the author identifies the principle of legality of actions of employees of internal affairs bodies. Examples from judicial practice of recognizing the actions of employees of internal affairs bodies as illegal in case they violate the norms of the legislation of the Russian Federation on administrative coercion measures are given.
Keywords: administrative enforcement measures, internal affairs bodies, the principle of legality, vehicle autopsy, vehicle inspection, vehicle inspection.
Reference bibliographic list
1. Gorodnichev I.M. Improving the administrative powers of the police of the Russian Federation // Law and Law. – 2022. – No. 2.
2. Zaitsev R.Ya. Disobedience of the driver to the lawful demand of a police officer to get out of the vehicle // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2017. – No. 3.
3. Zaprutin D.G. Measures of administrative coercion applied by the police against citizens // Bulletin of the Omsk University. Series "Right". – 2019. – T. 16. – No. 2.
4. Kivich Yu.V. Problems of application by internal affairs bodies of administrative and legal coercion and measures to overcome them. Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4.
5. Mursalimov A.T., Malikov Sh.E. On the issue of the procedure for opening a vehicle // Scientific and educational journal for students and teachers "StudNet" – 2022. – No. 2.
6. Ochakovsky V.A., Krutova Ya.A., Gasparyan A.K. Application by internal affairs bodies (police) of inspection as a measure of administrative coercion // Scientific journal of KubSAU. – 2014. – No. 99 (05).
7. Khadisov Kh.G., Zhalsanov B.Ts. Some problems of legal regulation of vehicle inspection as a measure to ensure proceedings in cases of administrative offenses // Actual problems of administrative law and process. – 2018. – No. 2.
8. Chernov Yu.I., Zhiganyuk N.I. Inspection and inspection of the vehicle // Modern scientific research and development. – 2017. – No. 9 (17).
9. Mamedov E.Kh. Ensuring the legality of the police application of measures of administrative coercion: dis. cand. legal Sciences. – St. Petersburg, 2020. – [Electronic resource]. – Access mode: https://diss.unn.ru/files/2020/1089/diss-Mamedov-1089.pdf (date of access: 04/15/2022).
ADMINISTRATIVE LAW
ARKHIREEVA Anastasia Sergeevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF LEGAL REGULATION OF FINANCIAL CONTROL OF LOCAL GOVERNMENTS IN RUSSIA AND FOREIGN COUNTRIES (MUNICIPAL-LEGAL ASPECT)
The article discusses some aspects of the legal regulation of financial control of local governments. It is especially concluded that in recent years the issue of improving financial discipline at the level of municipalities has become relevant, it is necessary to optimize the costs of local budgets, and also pay special attention to the efficiency of spending local budgets.
Keywords: control, financial control, municipalities, local governments.
Reference bibliographic list
1. Khimicheva N.I. Financial law: textbook / Ed. ed. N.I. Khimicheva, E.V. Pokachalov. – 6th ed., revised. and additional – M.: Norma: INFRA-M, 2019. – 800 p.
2. Tuganov Yu.N., Trofimov M.V. Financial law: textbook. – Moscow: RIO of the Russian Customs Academy, 2017. – 164 p.
3. Bochkareva E.A., Kozhushko S.V. Financial control in the Russian Federation: workbook. – Moscow: RGUP, 2021. – 62 p.
4. Ovcharova E.V. Financial control in the Russian Federation: textbook. – Moscow: Zertsalo-M, 2019. – 224 p.
5. Rozhkova E.S., Abramovskikh L.N. State financial control: textbook. allowance. – Krasnoyarsk: Sib. feder. un-t, 2012. – 128 p. – ISBN 978-5-7638-2645-
6. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/492098 (date of access: 05/05/2022).
6. Pavlov N.V., Ochakovsky V.A., Balanenko M.V. Actual issues of implementation of municipal control // Eurasian legal journal. – 2021. – No. 1 (152). – S. 171-173.
7. Ochakovsky V.A., Pavlov N.V. To the question of formation of the financial and economic basis of the institution of local self-government // Humanitarian, socio-economic and social sciences. – 2019. – No. 3. – P. 121-124;
8. Budget Code of the Russian Federation of July 31, 1998 No. 145-FZ // SZ RF. – 1998. – No. 31. – Art. 3823.
9. On the general principles of the organization of local self-government in the Russian Federation: Federal Law of 06.10.2003 No. 131-FZ // SZ RF. – 2003. – No. 40.
– Art. 3822. 10. On the general principles of organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities: Federal Law of February 7, 2011 No. 6-FZ // SZ RF. – 2011. – No. 7. – Art. 903.
11. Paly V.M., Kurdyuk P.M., Ochakovsky V.A. Models of legal interaction between state bodies and local governments: theoretical and historical aspects: monograph. – Krasnodar, 2014.
12. Arkhireeva A.S., Kostenko B.Yu. Financial security and the main directions of its provision // Epomen. – 2019. – No. 34. – S. 26-32. 13. Chueva A.S., Kurdyuk P.M., Ivanenko I.N. Experience of organizing local self-government in foreign countries: a textbook. – Krasnodar, 2013.
14. Filatova N.V. Organization of municipal financial control in foreign countries: the experience of France and Germany // Academy. – 2018. – No. 5 (32). – S. 61.
15. Austrian Federal Constitutional Law of November 10, 1920 – art. 121. [Electronic resource]. – Access mode: https://worldconstitutions.ru/?p=160/. (date of access: 05/11/2022).
16. Leiba I.P., Pavlov N.V., Ochakovsky V.A. The budget of the municipality as a key element of the economic foundations of local self-government (municipal-legal aspect) // Humanitarian, socio-economic and social sciences. – 2019. – No. 7. – S. 94-97.
17. Arkhireeva A.S., Makhosh M.B. Financial control of local governments // Epomen. – 2020. – No. 35. – S. 22-27.
MUNICIPAL LAW
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
SAMIGULLINA Aigul Fidusovna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
GILYZOVA Alisa Ildarovna
student of the Bashkir State University
RAMAZANOVA IrinaViktorovna
magister student of the Bashkir State University
IMPROVEMENT OF THE SOCIAL INFRASTRUCTURE OF THE MUNICIPALITY
The purpose of the publication of this article is to search for methods and tools for assessing the social infrastructure of a municipality. Social infrastructure ensures the development of economic entities and the territory as a whole, however, in modern conditions, social imbalances persist, the standard of living of the population decreases and the impact of crisis phenomena increases. All this requires analytical research to make a timely management decision, which is achieved on the basis of tools and techniques for assessing the level of development of social infrastructure.
Keywords: municipal education, social infrastructure, analysis of indicators of municipal education development
Reference bibliographic list
1. Bikmetov E., Ruvenny I., Sizonenko R., Galimullina N., Sizonenko Z. Strategic thinking as a factor of sustainable development of the organization // In the collection: E3S Web of Conferences. 1. 2020. S. 07008.
2. Mamatelashvili O., Mukhamadieva E., Nikonova S., Bayrushina F. Corporate training: from planning to efficiency // In the collection: European Proceedings of Social and Behavioral Sciences EpSBS. Krasnoyarsk Science and Technology City Hall. Krasnoyarsk, 2020, pp. 743-754.
3. Dautova T., Fayzurakhmanova D. Problems of development of the social infrastructure of the municipality in the region (on the example of the municipality Karaidelsky district of the Republic of Bashkortostan) // Eurasian legal journal. 2021. No. 1 (152). pp. 421-423.
4. Galimullina N., Yuldasheva O., Rameev R. Analysis of the use of information systems and automation in the housing and communal services sector at the municipal level // Eurasian Law Journal. 2018. No. 6 (121). pp. 456-458.
MUNICIPAL LAW
SALIKHOV Hussein Shamilevich
magister student of the Dagestan State University
ARSLANBEKOVA Aminat Zaydullaevna
Ph.D. in Law, professor, Head of Administrative, financial and customs law sub-faculty of the Dagestan State University
POWERS OF LOCAL SELF-GOVERNMENT BODIES IN THE SECTOR OF HOUSING AND COMMUNAL SERVICES
The article analyzes the legal regulation of the activities of local governments in the housing and communal services sector, determines the hierarchy of acts regulating this area, explores the role of local governments in the housing and utilities sector, as well as the problems arising from such activities. The features of municipal housing supervision, an institution introduced into Russian legislation in 2012, are determined.
Keywords: local self-government, housing and communal services, municipal housing supervision.
Reference bibliographic list
1. Boyko N.S. Municipal law: textbook for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 430 p. – (Higher education). – ISBN 978-5-534-14193-1. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/496879 (date of access: 04/11/2022).
2. Ivakina A.M. Modern problems of housing and communal services. — Text: direct // Young scientist. – 2015. – No. 8 (88). — S. 537-539. [Electronic resource]. – Access mode: https://moluch.ru/archive/88/17301/ (date of access: 04/11/2022).
3. Kochetkova N.A. Difficulties of municipal control in the housing and communal sphere. — Text: direct // Young scientist. – 2017. – No. 13 (147). – S. 319-321. [Electronic resource]. – Access mode: https://moluch.ru/archive/147/41365/ (date of access: 04/11/2022).
4. Ovchinnikov I.I., Pisarev A.N. Municipal law: textbook and workshop for universities. – 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 432 p. – (Higher education). – ISBN 978-5-534-14653-0. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/488905 (date of access: 04/11/2022).
5. On the procedure for interaction between the authorized executive authorities of the constituent entities of the Russian Federation and local governments in the exercise of their powers granted by Federal Law No. 93-FZ dated 25.06. control: Letter of the Ministry of Regional Development of the Russian Federation dated September 6, 2012 No. 23554-VK / 14. – Text: electronic. [Electronic resource]. – Access mode: SPS "ConsultantPlus": reference and legal system: access only from the reading rooms of the DSU library.
CIVIL LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
LEGAL REGULATION OF IMPORT SUBSTITUTION AND ISSUES OF PARALLEL IMPORT OF GOODS
The paper deals with issues related to intellectual property and the possibility of its acquisition for the purpose of import substitution without the consent of the copyright holders. Parallel import of goods under the conditions of sanctions pressure has acquired a certain meaning for conducting a policy to maintain the normal functioning of civil society in Russia. The characteristic of the norms of civil legislation allows us to conclude that the issues of the acquisition of such goods as legitimate transactions, which are already regulated even by international regulatory documents and are used by the world community. The legal regulation of parallel imports also deserves some attention and additions to the domestic civil legislation.
Keywords: civil legislation, export, import, parallel import, import substitution, expansion of competition.
Reference bibliographic list
1. Prohibited goods for import into Russia in 2022. [Electronic resource]. – Access mode: https://finance.rambler.ru/economics/48389261-zapreschennye-commodity-dlya-vvoza-v-rossiyu-v-2022-godu/ (date of access: 04/10/2022).
2. 17 US Code § 109 – Limitations on Exclusive Rights: Consequences of Transferring a Specific Copy or Soundtrack | US Code | US law | LII / Legal Information Institute. [Electronic resource]. – Access mode: https://www.law.cornell.edu/uscode/text/17/109 (Accessed 04/10/2022).
3. Resolution of the Constitutional Court of the Russian Federation of February 13, 2018 No. 8-P “On the case of checking the constitutionality of the provisions of paragraph 4 of Article 1252, Article 1487 and paragraphs 1, 2 and 4 of Article 1515 of the Civil Code of the Russian Federation in connection with the company’s complaint. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_290909/ (date of access: 04/10/2022).
4. Makhiboroda M., Ananyeva E., Doucek I. P. Changes in transport activity regulation in the context of the coronavirus pandemic // In the collection: E3S Web of Conferences. Ser. “International Scientific and Practical Conference “Development of the Agro-industrial Complex in the Context of Robotization and Digitalization of Production in Russia and Abroad”, DAIC 2020”. – 2020. – S. 5006.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
THE LEGAL FOUNDATIONS OF VIRTUAL LIFE AND THE CONSEQUENCES OF DIGITALIZATION
The article deals with issues related to the digitalization of the processes of citizens’ life. The problem of the use of digital technologies and the creation of databases containing personal information of individuals and legal entities is characterized. A legal assessment of information resources as objects of civil rights is given and fraudulent actions aimed at stealing not only personal information, but also funds from accounts through the use of personal data are considered.
Keywords: civil legislation, digital technologies, psychology of addiction, social risks, entrepreneurship, information.
Reference bibliographic list
1. Federal Law "On Personal Data" dated July 27, 2006 No. 152-FZ (last edition). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_61801/ (date of access: 04/02/2022).
2. Makhiboroda M.N., Anan'eva E.O. Legal basis for the activities of collection agencies. // Russian justice. – 2019. – No. 5. – S. 13-16. 3. Openbusiness.ru. [Electronic resource]. – Access mode: https://www.openbusiness.ru/biz/business/kak-prodavat-infoprodukty/ (date of access: 04/02/2022).
4. System of standards for information, librarianship and publishing Information and library activities, bibliography. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1200004287 (date of access: 04/02/2022).
5. Anan'eva E.O., Ivliev P.V. to the issue of cyberbullying and protection of the rights to honor, dignity and business reputation: ways and means of solution // Law and Law. – 2022. – No. 1. – S. 104-106.
6. “Review of the judicial practice of the Supreme Court of the Russian Federation No. 2 (2019)” (approved by the Presidium of the Supreme Court of the Russian Federation on July 17, 2019). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_329423/ (date of access: 04/02/2022).
CIVIL LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GRITSAI Darya Viktorovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
OBLIVANTSEVA Darya Vladimirovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
ROTKO Mikhail Andreevich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
LEGAL ASPECTS OF CRYPTOCURRENCIES IN THE GLOBAL ECONOMY
This article provides a legal analysis of the role of cryptocurrencies in the global economy, examines the history of the emergence of cryptocurrencies – a relatively new instrument of the financial market that has aroused interest around the world, describes ways to obtain monetary units and features of transactions, advantages and disadvantages of cryptocurrencies, as well as its impact on the shadow economy. Of course, this topic is relevant at the moment. The results of this study allow us to deepen knowledge.
Keywords: world economy, commercial law, cryptocurrency, digital assets.
Reference bibliographic list
1. Anokhin N.V., Shmyreva A.I. Cryptocurrency as an instrument of the financial market // Ideas and ideals. – 2018. – No. 3. Vol. 2 – S. 39-49.
2. Lyubshina D.S., Zolotaryuk A.V. Cryptocurrency as an innovative instrument of world trade // Interactive science. – 2016.
3. Manakhov V.A. Peer-to-peer electronic payment system – Bitcoin // Innovations in science. – 2014. – No. 29. – P.218-224.
4. Saenko D.G., Kudryavtseva L.V. Protection and implementation of the rights of citizens of the Russian Federation abroad // POLIMATIS. – 2017. – S. 64-70.
5. Kudryavtseva L.V. Civil law means and business practices aimed at improving the safety and quality of products in the resort region // International scientific and practical conference "Actual problems of law and law enforcement at the present stage", Novorossiysk, September 17–18, 2015. – P. 402 -405.
CIVIL LAW
Ivanova Maria Sergeevna
Head of the Legal Department of the "Energomontazh International" JSC
ANCIENT ROMAN INSULUS AND MODERN APARTMENTS: THE EVOLUTION OF LEGAL REGULATION
In this article, the Author presents the results of a study of information about the ancient Roman Insula that has come down to the present. The author came to the conclusion that Insul is a historical “prototype” of modern apartments. The relevance of this study is due not only to the fact that the legislator pays special attention to the problem of the lack of legal regulation of certain types of real estate, such as, for example, apartments (Bill No. Residential Apartments” dated June 15, 2018, Draft Law No. 1162929-7 “On Amendments to the Town Planning Code of the Russian Federation in Regard to the Regulation of Certain Legal Relations Arising in Connection with the Construction of Multifunctional Buildings” dated April 29, 2021.
Keywords: Insul, Ancient Rome, apartments, residential and non-residential premises, Draft Law, mixed-use buildings, real estate, real estate legal regime.
Reference bibliographic list
1. Decree of the Government of the Russian Federation of December 26, 2014 No. 1521 “On approval of the list of national standards and codes of practice (parts of such standards and codes of practice), as a result of which, on a mandatory basis, compliance with the requirements of the Federal Law “Technical Regulations on the Safety of Buildings and structures” // Collection of Legislation of the Russian Federation dated January 12, 2015 No. 2 Art. 465.
2. Federal Law “Technical Regulations on the Safety of Buildings and Structures” dated December 30, 2009 No. 384-FZ // Collected Legislation of the Russian Federation dated January 4, 2010 No. 1 Art. 5.
3. Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation” // Collected Legislation of the Russian Federation.3.01.2005. No. 1 (Part I) Art. 40.
4. Decree of the Plenum of the Supreme Court of the Russian Federation of March 24, 2016 No. 7 “On the application by the courts of certain provisions of the Civil Code of the Russian Federation on liability for breach of obligations” // Bulletin of the Supreme Court of the Russian Federation, May 2016, No. 5.
5. Code of rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures. Updated edition of SNiP 30-02-97* (approved by order of the Ministry of Regional Development of the Russian Federation dated December 30, 2010 No. 849). [Electronic resource]. – Access mode: http://base.garant.ru/6180778/#ixzz5aW1ZGZS3.
6. Vitruvius. VII, 20, 20 Vitruvius. "Ten books about architecture" Publisher: Arkhitektura-S 2006, Hardcover, 328 pages, 2000 copies.
7. Dozhdev D.V. Roman law. Ed. V.S Nersesyants. – M.: INFRA M-Norma, 1997.
8. Digests XX, 2, 2 (Martian). "Anthology on the history of ancient Rome" / Ed. S.L. Utchenko. – M., 1962. – S. 494-495.
9. Koshelenko G.A. “=The General History of Architecture. Volume II. Architecture of the Ancient World (Greece and Rome) / Ed. B.P. Mikhailov. – M.: Stroyizdat, 1973.
10. Knabe G.S. Tightness and history in ancient Rome // Culture and art of the ancient world. Proceedings of a scientific conference (1979). – 1980. – S. 385-405.
11. Latin-Russian dictionary of legal terms and expressions for specialists and translators of the English language / Ed. M. Gamzatov. – St. Petersburg: Publishing House of St. Petersburg. un-ta, 2002. – S. 168.
12. Materials of the IX International Conference "LOMONOSOV-2002" // M.V. Durnovo Moscow State University M.V. Lomonosov “Legal status of the manager of a trading enterprise in Ancient Rome (Institor).
13. Pokrovsky I.A. The main problems of civil law. – M., 1998. – S. 195
14. Roman private law: Textbook / Ed. I.B. Novitsky and I.S. Peretersky. – M., 1994. – S. 148.
15. Sergeenko M.E. Life of ancient Rome. – St. Petersburg: Publishing and Trading House "Summer Garden"; Journal "Neva", 2000. – 368 p. Scientific editor, compiler of a short glossary A.V. Gervais.
16. Sergeenko M.E. Chapter 2. House // Life of Ancient Rome. – St. Petersburg: Summer Garden, 2000
17. Cicero. leg. agr. 2 books “The General History of Architecture. Volume II. Architecture of the Ancient World (Greece and Rome)”, edited by B.P. Mikhailov. Author: G.A. Koshelenko. – Moscow: Stroyizdat, 1973.
18. Boëthius A. Remarks on the Development of Domestic Architecture in Rome // American Journal of Archaeology. – 1934. – T. 38. No. 1. – P. 158-170.
19. Calza G., Becatti G. Ostia. – Roma: Istituto Poligr. dello Stato, 1958. – P. 126
20 Frier B.W. Landlords and Tenants in Imperial Rome. – Princeton, NJ: Princeton University Press, 1980. – P. 251.
21. Gerkan A. von. Die Einwohnerzahl Roms in der Kaiserzeit // Römische Mitteilungen. MDAI 55. 1940. – Rom, 1940. – No. 55.
22. Hermansen G. The Medianum and the Roman Apartment // Phoenix. – 1970. – T. 24. No. 4. – S. 342-347.
23. McKay A. Houses, villas, and palaces in the Roman world. – JHU Press, 1998. – P. 76-94. – 288 p.
24. McKay A. Houses, villas, and palaces in the Roman world. – JHU Press, 1998. – Strabo. XVI, 1, 2, 3, 5, 7, 23.
CIVIL LAW
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
LEGAL REGULATION OF RENTAL LEGAL RELATIONS
The paper considers an annuity agreement implemented on the basis of the current domestic legislation. The legal characteristics of the types of this agreement, the parties involved in it and the conditions under which an annuity agreement can be concluded are given. The problematic issues of concluding this agreement and the ways of further development of the institute in our country, taking into account the emergence of new social risks, are considered.
Keywords: civil law, contract, rent, lifetime rent, parties.
Reference bibliographic list
1. How many people have died from coronavirus in Russia at the moment. – [Electronic resource]. – Access mode: https://gogov.ru/covid-fatality/russia (accessed 03/27/2022). 2. Kirokosyan S.A. On the dangers of an annuity agreement // Family and housing law. 2019. No. 1. S. 42-45.
3. Uskov A. Contracts of rent and life maintenance with dependents. Review of judicial practice // Housing Law. 2019. No. 11. P. 112-114.
4. Emelkina I.A. Theoretical problems of real rights to real estate. Saransk: Publishing House of the Mordovian University, 2019. S. 24-25.
5. Determination of the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation dated February 13, 2018 No. 5-KG17-242 – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-verkhovnogo-suda-rf-ot-13022018-n-5-kg17-242/ (date of access: 03/27/2022).
CIVIL LAW
KOMAREVСEVA Irina Alekseevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Law of the North-Caucasian Federal University
TAGANTSEVA Valentina Sergeevna
laboratory assistant of Civil law and process sub-faculty of the Institute of Law of the North-Caucasian Federal University
ON THE QUESTION OF THE CONTENT OF THE PRINCIPLE OF FREEDOM OF WILL
The relevance of the study of the principle of freedom of will is due to the fact that freedom of
will is a traditional component of inheritance law, inherent in it for many centuries. Freedom of will is one of the most significant principles of modern Russian inheritance law today. The authors emphasize that at the present stage, the content of this principle has found its normative consolidation for the first time in the history of Russian
heritage legislation. The article notes that traditionally the principle of freedom of will is considered as a kind of legal guarantee that provides the possibility of making various orders to determine the fate of the owner’s property in case of death. Such an interpretation of the principle of freedom of will is "narrow". A broad understanding of the principle of freedom of will is proposed as a set of legal possibilities related not only to the content of the will, but also to its form.
Keywords: inheritance by will, will, freedom of will, content of will, form of will.
Reference bibliographic list
1. Grimm D.D. Lectures on the dogma of Roman law. – M.: Publishing house "Zertsalo", 2003.
2. Shershenevich G.F. Civil law course. – Tula: Autograph, 2001.
3. Serebrovsky V.I. Selected works. – M.: Sta-tut, 1997.
4. Proshchalygin R.A., Tarasov D.Yu. Correlation between the principle of freedom of will and the institution of joint will of spouses: theoretical and legal analysis // Inheritance law. – 2021. – No. 3. – S. 41-44.
5. Vershinina E.V., Kabatova E.V., Shishkina A.A. Inheritance by will in Russia and Germany: a comparative legal analysis // Family and housing law. – 2010. – No. 6. – S. 32-37.
6. Sannikova L.V. Testament and its forms under the new Russian legislation on inheritance // Legal world. – 2003. – No. 3. – S. 36-44.
7. Kalinin V.V., Kharitonova Yu.S. Commentary on the Civil Code of the Russian Federation, part three. – M.: Yurayt, 2002.
8. Antimonov B.S., Grave K.A. Soviet inheritance law. – M.: Gosjurizdat, 1955.
9. Sinaisky V.I. Russian civil law. – M: Statute, 2002.
CIVIL LAW
KONDRATJEV Pavel Olegovich
lecturer of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
LEGAL REGULATION OF COLLECTION ACTIVITIES
The article provides a description of the problematic aspects of the regulation of collection activities, as well as a possible solution to data issues. The main definitions used in the consid- ered sphere are investigated. The foreign experience of regulation of collection activity is analyzed. Certain solutions in data regulation are related to thecollection of overdue debts of individuals and heads of collection organizations.
Keywords: collector, accumulator, debt, obligation, overdue debt, bureau of credit turnover.
Reference bibliographic list
1. On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts and on amendments to the Federal Law "On microfinance activities and microfinance organizations": feder. law: [dated 3 Jul. 2016 No. 230-FZ]. [Electronic resource]. – Access mode: www.pravo.gov.ru [July 3, 2016]
2. About credit histories: feder. law: [dated 30 Dec. 2004 No. 218-FZ] // Collection. legislation Ros. Federation. – 2005. – No. 1 (part 1). – Art. 44.
CIVIL LAW
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
GORELOV Ilya Pavlovich
Ph.D. in military sciences, Ph.D. in historical sciences, professor of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
lecturer of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
CONSTRUCTION CONTRACT IN A HORTICULTURAL NON-PROFIT PARTNERSHIP: ON THE ISSUE OF CONCLUDING A CONTRACT, THE QUALITY OF WORK, OWNERSHIP RIGHTS AND THE RISK OF ACCIDENTAL DEATH OF THE RESULT OF WORK
In the article, the authors analyze the provisions of the construction contract concluded between horticultural non-profit partnerships on the customer’s side and contractors. A construction contract is the most popular tool regulating the relations of members of partnerships for the repair and construction of common infrastructure facilities and contractors (organizations or individuals). Special attention is paid by the authors to the problems of concluding a contract, the quality of work, property rights and the risk of accidental death of the result of work, and proposals for their possible elimination are formulated.
Keywords: construction contract, horticultural non-profit partnership, quality of work, ownership, risk of accidental death.
Reference bibliographic list
1. Civil law of Russia. General part: Course of lectures / Ed. HE. Sadikov. – M., 2001. – S. 433.
2. Shershenevich G.F. Textbook of Russian civil law. T. 1 / Ed. E.A. Sukhanova and others – M., 2005. – S. 332.
CIVIL LAW
MAYOROVA Lyudmila Germanovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LIABILITY FOR VIOLATION OF CONTRACTUAL OBLIGATIONS UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION AND EUROPEAN COUNTRIES: COMPARATIVE LEGAL ANALYSIS
The contract law of the Russian Federation, as well as the contract law of many foreign countries, is familiar with the institution of civil liability, the occurrence of which may be due to the violation of obligations by counterparties under contracts. This article analyzes the essence of liability as a legal category not only through the prism of domestic legislation, but also taking into account the European practice of bringing perpetrators to responsibility for non-fulfillment of obligations under contracts.
Keywords: obligation, contractual construction, civil liability, compensation, sanction, damage.
Reference bibliographic list
1. Abdulina A.A., Voronina A.B. The concept and signs of an offense, the composition of an offense // Youth and science. 2020. No. 7. P. 105-112.
2. Apestina M.N. Conclusion and execution of contracts: practical recommendations for business. Moscow: Editorial Board of Rossiyskaya Gazeta, 2020. Issue. 1. S. 75.
3. Bazhina M.A. The practice of applying Art. 333 of the Civil Code of the Russian Federation in the performance of a contract for the carriage of goods // Lawyer. 2020. No. 10. S. 32-38.
4. Belykh V.S. Legal regulation of entrepreneurial activity in Russia: monograph. Ekaterinburg, 2011. S. 510.
5. Bogdanovskaya G.N. "Problems of the effectiveness of compensation for the function of interest for the use of other people's funds as a form of civil liability" / "Vestnik" FAS SKO, 19.01.2010
6. Boldinov V. M. Responsibility for causing harm by a source of increased danger. St. Petersburg: Legal Center Press, 2002. P. 64 7. Civil law. In 2 T. Textbook / Ed. A.E. Sukhanova T. 1. C 438-439
8. Yeranosyan E.A. Improving the foundations of civil liability // Science and education: economy and economy; entrepreneurship; law and management. 2020. No. 7. S. 14-21.
9. Zardov R.S. Legal penalty: theoretical and practical aspects: author. dis. cand. legal Sciences. Krasnoyarsk, 2019. 33 p.
10. Zolotarev A.P. On the grounds and conditions of civil liability // Bulletin of the Essentuki Institute of Management, Business and Law. 2019. No. 14. S. 28-36.
11. Kazakova E.B., Potolokova O.O. Civil liability // Science. Society. State. 2018. No. 2. S. 143-146.
12. Krasheninnikov M.P. Measures of civil liability for failure to fulfill obligations. Diss. 2012. Access mode: Russian State Library
13. Kuznetsotsa O.A. Application of measures of civil liability // Bulletin of the Perm University. 2012. No. 4 (18). pp. 97-98.
14. Kurbatov A.Ya. The ratio of penalties and interest for the use of other people's money // Civil law. 2020. No. 4. S. 3-8.
15. Litarenko N.V. Penalty as a form of liability in international commercial circulation: author. dis. cand. legal Sciences. M., 2020. 31 p. 16. Matveev Yu.G. Anglo-American tort law. M., 1973. S. 310.
17. Paraskevova S. A. The concept and social essence of a civil offense (theoretical problems): Dis. … doc. legal Sciences. M., 2002. S. 80.
18. Tarkhov V. A. Responsibility under Soviet civil law. Saratov: Saratov University Press, 1973. P. 57.
19. Cane P. The Anatomy of Tort Law. Oxford, 1997.
20. Williaams G., Hepple B.A. Foundations of the Law of Tort. Second ed. London, 1984.
CIVIL LAW
SMOLINA Olga Sergeevna
Ph.D. in Law, Deputy Head of the Legal Support Division for Property and Labor relations of the Legal Support Department of the Ministry of Agriculture of the Russian Federation Advisor of the 1st Class of the State Civil Service of the Russian Federation, adviser of justice of the 3rd class
LEGAL REGULATION OF TRANSACTIONS PROCEDURE MADE VIA DIGITAL PLATFORM IN THE LIGHT OF IMPROVEMENT OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
The objective of the research is to find ways to improve the civil legislation of the Russian Federation in the digital economy context. The article demonstrates the relevance of the specificity of transactions made via digital platforms and the balance of interests of parties to transactions made via digital platforms in the light of the principle of freedom of contract and equality between contracting parties. The general part of the Civil Code of the Russian Federation does not regulate either the procedure for digital interaction between the parties to transactions made via digital platforms, or the procedure for the resolution of disputes between the parties on the matter of fact and matter of law when determining the conditions of transactions made via digital platforms, or the timing of actions to be fulfilled by the parties. The author justifies the importance of legal regulation of transactions procedure made via digital platform. The study is based on the authors concept of transactions made via a digital platform in the Russian Federation. On this basis, some suggestions for the improvement of Chapter 9 "Transactions" of the Civil Code of the Russian Federation have been prepared.
Keywords: digital banking, digital economy, transactions, transactions made via digital platforms, digital footprints of facts, principle of freedom of contract, principle of equality between contracting parties, balance of interests.
Reference bibliographic list
1. Abova T.E. Commentary on Article 8 of the Civil Code of the Russian Federation, Part One // Edited by T.E. Abova, A.Yu. Kabalkin; Institute of State and Law of the Russian Academy of Sciences. 3rd ed., revised. and additional T. 1. M., 2006.
2. Bachilo I.L. What should the Federal Law "On Information, Informatization and Information Protection" look like? // Information law. 2006. No. 1. S. 16-19.
3. Bachilo I.L. Problems of harmonization in legislation // Journal of Russian law. 2000. No. 8. S. 84-92.
4. Vilkova N.G. International commercial contracts: theory and practice of unification of legal regulation. Abstract dis. Doctor of Law: 12.00.03 / Institute of Legislation and Comparison. jurisprudence under the Government of the Russian Federation. M, 2001. 46 p.
5. Vilkova N.G. The Civil Code of the Russian Federation and the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation // Economy and Law. 2003. No. 3. S. 77-87.
6. Vilkova N.G. Contract law in international circulation. M., 2004 512 p. // Consultant Plus.
7. Zankovsky S.S. Business contracts in Russia. Problems of theory and legislation. Abstract dis. … Doctor of Law: 12.00.03 / Institute of State and Law of the Russian Academy of Sciences. M., 2004. 56 p.
8. Ioffe O.S. Obligation law. M., 1975. 880 p.
9. The concept of the Information Code of the Russian Federation / Ed. I.L. Bachilo M., 2014. 192 p.
10. Klein N.I. The principle of freedom of contract and the grounds for its restriction in entrepreneurial activity // Journal of Russian Law. 2008. No. 1. S. 37-42.
11. Klimova A.N. Principles of civil law. Abstract diss. … cand. legal Sciences: 12.00.03 / All-Russian. state tax. acad. M., 2005. 24 p.
12. Laptev V.V. Entrepreneurial (economic) law. Selected works. Yekaterinburg, 2008.
13. Laptev V.V. Entrepreneurial (economic) law and the real sector of the economy. M., 2010. // ATP Consultant plus.
14. Makovsky A.L. On the codification of civil law (1922-2006). M., 2010. // Consultant plus.
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16. Rassolov I.M. Law and the Internet. Theoretical problems. 2nd ed., add. M., 2009. 384 p. // SPS Consultant plus.
17. Savenkov A.N. The Global Crisis of Modernity as a Subject of the Philosophy of Law // State and Law. 2019. No. 4. S. 5-19.
18. Sadikov O.N. General and special norms in civil legislation // Soviet state and law. 1971. No. 1. S. 38-45.
19. Sadikov O.N. The concept of the development of civil legislation // Concepts of the development of civil legislation / Under. ed. T.Ya. Khabrieva, Yu.A. Tikhomirova, Yu.P. Orlovsky. M., 2004.
20. Sadikov O.N. Questionsy civil law and private international law: Selected works. M., 2015. 768 p.
21. Smolina O.S. The concept of transactions through a digital platform in the light of improving the Civil Code of the Russian Federation // Eurasian Law Journal. 2019. No. 8. P. 120-126.
22. Smolina O.S. Tarasova I.N. Digital banking: a new approach to making credit transactions in Russia // Eurasian legal journal. 2019. No. 3. S. 153-155.
23. Smolina O.S. Problems of transactions through a digital platform and ideas for improving the civil and banking legislation of the Russian Federation // Eurasian Law Journal. 2021. No. 3. C. 182-185.
24. Smolina O.S. The balance of interests of the parties when making transactions through a digital platform in the light of the principles of freedom of contract and equality of participants in civil relations // Eurasian Law Journal. 2021. No. 7. S. 262-266.
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27. Bex F., Walton D. Taking the dialectical stance in reasoning with evidence and proof // The International Journal of Evidence & Proof. 2019 Vol. 23(1-2). P. 90-99.
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CIVIL LAW
SUKHAREVA Elena Viktorovna
Ph.D. in pedagogical sciences, Head of Police organization sub-faculty of the St. Petersburg University of the MIA of Russia
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of the internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
USHENIN Andrey Andreevich
lecturer of Police organization sub-faculty of the St. Petersburg University of the MIA of Russia
CONTRACT FOR THE PROVISION OF LEGAL SERVICES: ON THE ISSUE OF THE NEED FOR LEGAL SUPPORT OF HORTICULTURAL NON-PROFIT PARTNERSHIPS IN THE FORM OF ONE-TIME LEGAL SERVICES AND SUBSCRIPTION LEGAL SERVICES
In the article, the authors analyze the provisions of the contract for the provision of legal services in relation to horticultural non-profit partnerships. The executor of the legal relationship is investigated in detail. A comparative analysis of the practice of providing one-time legal services with the partnership’s subscription service on a long-term basis is carried out. The authors, based on the conducted research, reasonably concluded about the status of a service provider providing legal services, including a horticultural non-profit partnership, and also emphasized the advantages of subscription legal services over one-time legal services.
Keywords: contract for the provision of legal services, horticultural non-profit partnership, subscription service, one-time service, legal support.
Reference bibliographic list
1. Obydennov A.N. Subject and object as essential conditions of a civil law contract // Journal of Russian Law. – M., 2003. – No. 8. – P. 62.
2. Tretyakova V.P. Obligations to provide legal services for compensation. Candidate's abstract. … legal Sciences. – Tomsk, 2009. – P. 4.
CIVIL LAW
TIMOFEEVA Tatyana Fedorovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the I. N. Ulyanov Chuvash State University
TIMOFEEV Viktor Valerjevich
Ph.D. in Law, associate professor of the Cheboksary Institute (branch) of the Moscow University of Humanities and Economics
GENERAL CHARACTERISTICS OF A TRADE AGGREGATOR IN THE RUSSIAN FEDERATION
The analysis of concepts, principles of activity and key characteristics of a trade aggregator
is a relatively new direction in legal science. The relevance of the topic is due to scientific and practical interest in the problem of improving the efficiency and effectiveness of legal regulation, the quality of regulatory legal acts. The lack of a federal legal framework and uniform approaches to terminology in this area significantly hamper the development of legal regulation and create in the field of practical activities to protect the rights and interests of consumers. The authors come to the conclusion about the need for more conceptual normative transformations. The results of the work can be used both in studying issues related to the concept, nature and characteristics of a trade aggregator in the Russian Federation, and in developing proposals for improving legal regulation in this area. An understanding of the trade aggregator is necessary to avoid violating the rights and interests of consumers, suppliers and other participants in today’s digital environment.
Keywords: digital technology platforms, aggregator, trade aggregator, marketplace, principles, responsibility, consumer, supplier.
Reference bibliographic list
1. Tabyshova A.K. Marketplace (online e-commerce platform) as an effective business model of trade in a pandemic // Izvestiya Vuzov Kyrgyzstani. – 2020. – No. 5. – P. 113-117.
2. Bukhtiyarova T.I., Lysenko Yu.V., Lysenko M.V., Demyanov D.G. Marketplace as an innovative business technology // Pedagogical science and practice. – 2021. – No. 2 (32). – S. 102-105.
3. Kantoroeva A.K. Marketplace as an innovative element of the commercial bank ecosystem // Bulletin of the Academy of Public Administration under the President of the Kyrgyz Republic. – 2020. – No. 27. – S. 202-207.
4. Zhukova A.O., Burdenko E.V. Marketplace is the main e-commerce platform during covid-19 // Economic development in the XXI century: trends, challenges and prospects. Collection of scientific papers of the IX International scientific-practical conference "Horizons of Russia" April 23, 2021: at 2 o'clock Plekhanov Russian University of Economics. – 2021. – S. 95-102.
5. The main directions of development of the financial market of the Russian Federation for the period 2019 – 2021. – [Electronic resource]. – Access mode: http://cbr.ru/Content/Document/File/44185/onfr_2019-21(project).pdf (date of access: 04/16/2022).
6. Bezuglova M.N., Sibileva I.V. Marketplace and crm-systems in the current conditions in the hotel industry // Vector of Economics. – 2017. – No. 12. – C. 57-65.
7. Kuznetsova N.V. On the subjects of commercial (trade) law // Bulletin of the University named after O. E. Kutafin (MSLA). – 2020. – No. 7 (71). – S. 105-112.
8. Rozhkova M.A. On the responsibility of aggregators and their online platforms – settlement of disputes // Economy and law. – 2018. – No. 9. – P. 21 – 32.
9. Gabov A.V. Digital Platform as a New Legal Phenomenon // Perm Legal Almanac. – 2021. – No. 4. – P. 13-82.
10. Instructions for working with the KazanExpress marketplace. – [Electronic resource]. – Access mode: https://business.kazanexpress.ru/manual/#_1-1-%D0%BF%D1%80%D0%B8%D0%BD%D1%86%D0%B8%D0%BF% D1%8B-%D1%80%D0%B0%D0%B1%D0%BE%D1%82%D1%8B-kazanexpress (date of access: 04/09/2022).
CIVIL LAW
MASLYUK Pavel Maksimovich
bachelor, lawyer of the LLC "Contra" Legal Firm"
SPECIFICS OF THE OWNERSHIP OF RELIGIOUS ORGANIZATIONS IN THE STRUCTURE OF THE ROC**: PROBLEMS OF THEORY AND LAW ENFORCEMENT PRACTICE
Religious organizations registered as legal entities are independent subjects of civil legal relations, have appropriate civil legal and legal capacity. Such organizations have the right to have property under ownership and exercise all legal powers against it. However, their internal documents contain provisions restricting and violating the rights of the owner, establish the possibility of the existence of double property, which fundamentally does not comply with the norms of the law.
This article analyzes the provisions of internal acts of religious organizations that are part of the structure of the Russian Orthodox Church, which are compared with civil law for the search for contradictions and violations, and examines judicial practice in order to establish the negative consequences of such a conflict. Based on the results of the study, ways to overcome existing problems are proposed.
Keywords: ownership, splitting, multiplicity of owners, religious property, canonical units of the Russian Orthodox Church, Charter of the Russian Orthodox Church.
Reference bibliographic list
1. Sklovsky K.I. Property in civil law. – Moscow: Statute, 2010. – 893 p.
2. Gabuev A.B. The plurality of owners of church property in modern Russia // Property relations in the Russian Federation. – 2017. – No. 1 (184). – C. 78-84.
3. Khlystov M.V. Subjects of property rights of religious organizations of the Russian Orthodox Church // Notary. – 2010. – No. 6. – P. 40-43.
CIVIL LAW
L.I. Yanan
postgraduate student of Civil law and process and private international law sub-faculty of the Peoples’ Friendship University of Russia
GENERAL GROUNDS FOR MARRIAGE TERMINATION IN CHINA
The article is devoted to the problem of legal regulation of family and marriage relations in terms of the grounds for marriage termination in the People’s Republic of China. The subject of the research is the grounds for termination of marriage in China. The aim of the study is to scientifically summarize the grounds for termination of marriage in Chinese family law. In accordance with the goal, the study posed and solved the following tasks: considered the historical legal traditions in relation to divorce in China; analyzed the novelties in modern Chinese legislation in relation to the grounds for termination of marriage; the views of Chinese and foreign jurists on the termination of marriage in China are considered. The research methodology is based on the use of general scientific and special- scientific methods of cognition, including formal legal, concrete historical, complex analysis method, culturological, dogmatic analysis method and others. The results of the study consist in the analysis of extensive materials of the practice of the Supreme People's Court and their scientific generalization. The scientific novelty lies in the fact that the research results allow expanding the theoretical understanding of the essence and structure of the institution of the family in China, and can also serve as a basis for further scientific development of individual theoretical and practical problems in this area . The practical significance of this study is determined by the applied nature of the analysis of current changes in legal norms related to the grounds for divorce in China.
Keywords: family law, China, dissolution of marriage, grounds for termination of marriage, institution of the family.
Reference bibliographic list
1. Wang G. Family and family etiquette in the traditional culture of the Chinese and Russians: a comparative ethnographic analysis: author. dis. … cand. history Sciences. – M., 2020. – 28 p.
2. Gong N. Protection of rights and freedoms according to the amendment to the PRC Marriage Law // Legal Science in China and Russia. – 2017. – No. 1. – S. 125-134.
3. Ishutina Yu.A. To the question of the transformation of the status of women in Chinese society in the era of modernization // Bulletin of the Kemerovo State University of Culture and Arts. – 2018. – No. 45. – S. 187-196.
4. Rusakova E.P., Hu Naixin. Spouses' property as objects of property rights in the PRC // Objects of civil and family rights under the legislation of the Russian Federation. – 2019. – No. 4. – S. 410-418.
5. Ji H. History of civil law codification. – Beijing, 2017. – 162 p.
6. Chua E. Battle Hymn of the Tiger Mother / transl. from English. E. Shcherbakova. – M., 2018. – 288 p.
7. Baiyi Wu, Wenlong Bian, Ying Xue, Hao Zhang. Confucian Culture and Homeownership: Evidence from Chinese Families. Journal of Family and Economic Issues. – 2021. – Vol. 42(9). – P. 85-96.
8. Chao-Wen Woo. Parts of Chinese family law translated and annotated with special reference to marriage, divorce, parents and children and support, also a comparison of adoption laws in China and Kentucky. typescript. Thesis (M.S.S.W.). University of Louisville. Kent School of Social Work. – 2021. – 52 p.m.
9. Chinese attitudes towards marriage: past and present. [Electronic resource]. – Mode of access: http://honisoit.com/2020/03/chinese-attitudes-towards-marriage-past-and-present/ (Date of access: 04/15/2022).
10. Hu N. Modernization of Chinese family law during the last years of the Qing Dynasty and the existence of the Republic of China (from the beginning of the 20th century to 1949). Legal Sciences. – 2020. – Vol. 3. – P. 182-185.
11. Leah Zhu. The traditional Chinese family. In book: The Power of Relationalism in China. – 2018. – P. 17-34.
12. Supreme Court of the People's Republic of China. Archive of court decisions. [Electronic resource]. – Access mode: http://english.court.gov.cn/cases.html (Accessed: 04/18/2022).
CIVIL LAW
WANG Wei
postgraduate student of Civil law and process and private international law sub-faculty of the Peoples’ Friendship University of Russia
JURISDICTION FOR CIVIL PROCEEDINGS INVOLVING FOREIGN PARTIES IN CHINA
Jurisdiction in civil litigation involving foreign persons refers to the qualifications of a court of one country to hear certain international civil and commercial cases and to exercise judicial power. Different countries in the process of historical development have established different legislation, therefore, when considering a case; different legal norms of countries will lead to different results, which greatly affects the interests of both parties. Thus, in jurisprudence, both parties in proceedings involving foreigners first try their best to fight for jurisdiction in order to influence the final outcome of the litigation.
This article analyzes the legislation of the People’s Republic of China in relation to jurisdiction in civil proceedings involving foreign parties; definition, classification and characteristics of different jurisdictions; and the decision of Chinese courts in a conflict of jurisdiction.
Keywords: civil litigation, foreign parties, exclusive jurisdiction, territorial jurisdiction, contractual jurisdiction, conflict of jurisdiction, Forum non conveniens, People’s Republic of China.
Reference bibliographic list
1. Ermakova E.P., Rusakova E.P., Mendoza-Molina S.V. Actual problems of the civil process: textbook. allowance M., 2017. S. 15.
2. Rusakova E.P., Wang Wei. Civil Litigation with the Participation of Foreign Persons in China // Arbitration and Civil Process. 2021. No. 9. C. 48-51.
3. Rusakova E.P. Integration of modern digital technologies in the legal proceedings of the People's Republic of China and Singapore // State and Law. 2020. No. 9. P. 102-109.
4. Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (rev. 2020). [Electronic resource]. – Access Mode: https://m.thepaper.cn/baijiahao_16144170.
5. Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968. [Electronic resource]. – Mode of access: https://www.jus.uio.no/lm/brussels.jurisdiction.and.enforcement.of.judgments.in.civil.and.commercial.matters.convention.1968/portrait.pdf.
6. 88/592/EEC: Convention on jurisdiction and the enforcement of judgments in civil and commercial matters – Done at Lugano on 16 September 1988. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A41988A0592.
7. Rusakova E., Frolova E., Kupchina E., Koshelev A. Comparative legal analysis of the procedural arrangements for attachment of earnings of a debtor in the law of the Russian Federation and China // IJASOS-International E-journal of Advances in Social Sciences, 2020/9/10. P. 93-99.
8. Rusakova E.P., Frolova E.E. Introduction of Digital Methods of Protection of Rights as a Legal Guarantee of Business Activity in the Modern World (on the Example of China) // Smart Technologies for the Digitization of Industry: Entrepreneurial Environment. 2022. P. 121-130.
9. Ludi,Zhou Xinjun. Study on Principle of Effective Connection in China’s Foreign Agreement Jurisdiction System // Journal of Qiqihar University (Phi& Soc Sci), Jun. 2019. C. 102-104.
10. He Qisheng. The Idea of Justice in a Large Country and the Development of International Civil Procedure in China // Social Sciences in China. 2017. No. 5. C. 123-146.
CIVIL LAW
EVSEEV Alexander Dmitrievich
student of the 3rd course of the Faculty of Law of the "Higher School of Economics"
THEORETICAL AND PRACTICAL ASPECTS OF THE APPLICATION OF THE PRINCIPLE OF UNITY OF FATE IN THE RUSSIAN LEGAL SYSTEM
The article deals with the problem of practical implementation of the principle of unity of fate in the Russian Federation. It is shown that the problem of regulating this principle is due to the chaotic and inconsistent regulation of this issue by land and civil legislation. Since there is no precise regulation of the same actions in land and civil legislation.
Keywords: unity of destiny, Russian legal system.
Reference bibliographic list
1. The tragedy in Sochi: what caused the massacre. [Electronic resource]. – Access mode: www.vesti.ru/article/2573305. (date of access: 04/02/2022).
2. Chukovskaya E.E. Superficies // Great Russian Encyclopedia. Electronic version. [Electronic resource]. – Access mode: https://bigenc.ru/law/text/4173885 (date of access: 03.03.2022).
3. In paragraphs. 5 p. 1 art. 1 of the Land Code of the Russian Federation “No. 136-FZ dated October 25, 2001 (as amended on February 16, 2022) (as amended and supplemented, effective from March 1, 2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_33773/ae1af 642112664f47a9e7afe92be8acce267e7e1/ (date of access: 03/10/2022).
4. Art. 135 "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on February 25, 2022) (as amended and supplemented, effective from December 29, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_5142/78b283a829ab39b6dbe6e7382e35f688663254ba/ (date of access: 03/10/2022).
5. Kiselev S.V. Land and building as a single object of real estate (on the example of European countries) // Real Estate and Investments. Legal regulation". – 2001. – No. 1 (6). [Electronic resource]. – Access mode: dpr.ru/journal/journal_5_13.htm. (date of access: 03/10/2022).
6. For example. see Decision of September 23, 2020 in case No. А67-5430/2020 of the Arbitration Court of the Tomsk Region (AC of the Tomsk Region), Ruling of the Supreme Court of the Russian Federation of December 30, 2015 No. 308-KG15-14547 in case No. А53-25867/2014.
7. For example. see Decision of October 4, 2021 in case No. А52-3104/2021 Arbitration Court of the Pskov Region (AC of the Pskov Region).
8. “Overview of the issues contained in the appeals of citizensgiven, representatives of organizations (legal entities), public associations, received by the Ministry of Economic Development of Russia, and measures taken” (approved by the Ministry of Economic Development of Russia).
9. Federal Law No. 9-FZ dated February 16, 2022 “On Amendments to Article 27 of the Land Code of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_409581/. (date of access: 04/02/2022).
10. Changes in the rules for granting land plots within the boundaries of the second belt of zones of sanitary protection of water supply sources: what does this mean and how to register the land? [Electronic resource]. – Access mode: https://mio.mosreg.ru/sobytiya/novosti-ministerstva/25-02-2022-15-35-39-izmeneniya-v-pravilakh-predostavleniya-zemelnykh-u (date of access: 04/02/2022 ).
11. About dacha amnesty and (or) extension of dacha amnesty. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_314301/45fc21faa7a66ac12372668d3e9fd21e6e203093/ (date of access: 04/02/2022).
CIVIL LAW
GILEVA Nadezhda Sergeevna
student of the 3rd course of the Law School of the Far Eastern Federal University
SUCCESS FEE: PROBLEMS AND PROSPECTS OF APPLICATION
The paper deals with topical issues and problems associated with the condition of remuneration, depending on the result of the provision of legal assistance. The author analyzes the judicial practice on the application of the success fee. In addition, the paper raises the question of the possibility of collecting as legal costs the amounts of the success fee on the other hand. At the end of the study, the author concludes that it is necessary to extend the legally fixed possibility of applying the success fee to persons who do not have the status of a lawyer, as well as to recover the success fee from the losing party as legal costs.
Keywords: success fee, remuneration, agreement, legal assistance, court costs.
Reference bibliographic list
1. Bagreeva E. G., Petukhov S. V. “Success fee”: legal and ethical nature // Eurasian Advocacy. – 2019. – No. 6 (43). – S. 23-25.
2. Voitov I. V., Chebotarev R. A. “Success fee” in Russia and foreign countries: Specifics of legal regulation // Ural Journal of Legal Research. – 2021. – No. 4 (17). – S. 19-27.
3. 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. – Moscow: M-Logos, 2017. – 1120 p.
4. Stepanova D. N., Emelina N. A. On the issue of legal regulation of the success fee // Science. Society. State. – 2020. – No. 3 (31). – P.180-186.
5. Chernyshev G.P. On the “success fee” (on conditional fees) // Law. – 2007. – No. 12. – P. 55-58.
CIVIL LAW
ZHILKIBAEV Sanat Nurbolovich
postgraduate student of the Department of Legal Regulation of Economic Activities of the Financial University under the Government of the Russian Federation
SPECIAL LEGAL PERSONALITY OF A COMMERCIAL ORGANIZATION WITH FOREIGN INVESTMENTS IN THE RUSSIAN FEDERATION AND CHINA
In the article, the author analyzes the features of the legal personality of commercial organizations with foreign investments (COFI) in the Russian Federation and China, which leads us to the allocation of this special type of commercial legal entity. The main thing here is the foreign element, which causes restrictions and additions to the national legal status and political and administrative control, leading to the instability of legal practice. This demands to allocate a special type of commercial corporate legal entity in the face of a commercial organization with foreign investment.
Keywords: Russia, China, foreign economic activity, foreign investment legislation, commercial organization, enterprise.
Reference bibliographic list
1. Alekseenko A.P. Legal regulation of relations in the field of foreign direct investment in the Russian Federation and the People's Republic of China: a comparative legal aspect: monograph / Ed. ed. V.S. White. – Moscow: Prospekt, 2018. – 192 p. – ISBN 978-5-392-24102-6.
2. Bazhanov P.V. Doing business in China: legal aspects. Issue 1: An overview of the legal environment for business: a book for lawyers accompanying business. – Moscow: Infotropic Media, 2015. – 212 p. – ISBN 978-5-9998-00209-5.
3. Borisenko P.I. The legal regime of foreign investment under Russian law: Abstract of the thesis. candidate of legal sciences: 12.00.03. [Place of protection: St. Petersburg. state university]. – St. Petersburg, 2012. – 23 p.
4. Veselkova E.E. Legal regulation of foreign investments in the Russian Federation: experience and prospects: monograph. – Moscow: KnoRus, 2017. – 160 p. – ISBN 978-5-406-07035-2.
5. Danelyan A.A. International legal regime of foreign investments: Abstract of the thesis. Doctor of Law: 12.00.10 / [Place of defense: Diplomat. acad. Ministry of Foreign Affairs of the Russian Federation]. – Moscow, 2016. – 49 p.
6. Lisitsa V.N. Civil law mechanism for regulating investment relations complicated by a foreign element: Abstract of the thesis. PhD in Law: 12.00.03 / [Place of defense: Institute of Legislation and Comparative Law under the Government of the Russian Federation]. – Novosibirsk, 2013. – 56 p.
7. Legal foundations of business in China: a collective monograph / Ed. ed. A.E. Molotnikov, V. Shan. – Moscow: RKYuO Publishing House, 2018. – 572 p. – ISBN 978-5-9909751-4-9.
8. Rytsev K.O. Administrative and legal regulation of the admission of foreign direct investment in the Russian Federation: Abstract of the thesis. … candidate of legal sciences: 12.00.14 / [Place of defense: Ros. acad. nar. households and state. service under the President of the Russian Federation]. – Moscow, 2016. – 26 p.
9. Salimzyanov A.I. Civil Law Regime of Foreign Investments in Special Economic Zones: Abstract of the thesis. PhD in Law: 12.00.03 / [Place of defense: Kazan (Volga Region) Federal University]. – Kazan, 2020. – 25 p.
10. Semochkina M.A. Investment activity with the participation of foreign investors in the Russian Federation: legal aspect: Abstract of the thesis. … can Date of legal sciences: 12.00.03 / [Place of protection: Mosk. state legal acad. them. O. E. Kutafina]. – Moscow, 2014. – 29 p.
11. 侯珊珊.论外商投资企业法律制度与内资公司法律制度的并轨. [Hou Shanshan. On the merger of the legal system of enterprises with foreign capital and enterprises with national capital] // 法律. [Law]. – 2017. – No. 3. – R. 102-107.
12. 孙楠杰.我国投资安全审查机制的法律构建. [Sun Nanjie. Legal structure of China's investment security verification mechanism] //法制博览. [Legal review]. – 2020. – No. 11. – R. 153-154.
13. 田柯. [Tian Ke. The effectiveness of the foreign direct investment supervision system based on the analysis of law and economics] // 长江师范学院学报. [Journal of Yangtze University]. – 2019. – Vol. 35. – No. 1. – P. 39-46.
CIVIL PROCESS
AGARKOVA Anna Andreevna
student of the I. T. Trubilin Kuban State Agrarian University
BELETSKAYA Viktoriya Alekseevna
student of the I. T. Trubilin Kuban State Agrarian University
DEMENTEEVA Irina Ilyinichna
Ph.D. in Law, associate professor of Civil process sub-faculty of the I. T. Trubilin Kuban State Agrarian University
COMPARATIVE ANALYSIS OF THE PARTICIPANTS OF THE CIVIL PROCESS AND THE ARBITRATION PROCESS OF THE CODES ON THE COLLECTION OF VIDEOCONFERENCING SYSTEMS AND THE WEB CONFERENCING SYSTEM
This article examines the history of the introduction of the use of videoconferencing and web conferencing systems in the framework of litigation, mainly civil and arbitration. In addition, special attention is paid to the legal regulation of the use of these systems by courts. Due to the existence of norms regulating the use of videoconferencing and web conferencing systems in both the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, an analysis was carried out and the differentiation of these norms was revealed.
Keywords: videoconferencing system, web conferencing system, technical equipment, legal proceedings, information technology tools.
Reference bibliographic list
1. Mikhailova A. Videoconferencing in courts: how it works and what problems arise with it // PRAVO.RU. – [Electronic resource]. – Access mode: https://pravo.ru/story/201570/ (date of access: 05/14/2022).
2. Samtynova E. The Armed Forces of the Russian Federation celebrates the 20th anniversary of the use of video conferencing // SPS GARANT. – [Electronic resource]. – Access mode: https://www.garant.ru/news/1361912/ (date of access: 05/14/2022).
3. In 2020, the courts considered over 115,000 criminal cases and materials via video link. – [Electronic resource]. – Access mode: http://rapsinews.ru/judicial_department_news/20210420/306987364.html (date of access: 05/14/2022).
4. Web conference in the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: https://www.vsrf.ru/files/28862/ (date of access: 05/14/2022).
CIVIL PROCESS
KOBLEVA Mariya Mukhadinovna
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Russian branch of the Russian State University of Justice
LUSEGENOVA Zinaida Sergeevna
Ph.D. in Law, associate professor, professor of Civil process law sub-faculty of the Russian branch of the Russian State University of Justice
MODERN FORMS OF ORGANIZATION OF JUDICIAL ACTIVITY: TRANSITION FROM INFORMATION ACTIVITY TO DIGITAL
The article proposes to consider the digitalization of justice as the process of introducing digital technologies into the process of organizing the activities of the court and the robotization of the process of justice itself. According to the authors, the focus of scientific attention on the processes of transformation of the functions of justice, will assist in modeling the digital form of judicial activity, will help predict the results of the introduction of digital technologies in the judicial protection of rights, minimizing deviations from the content of constitutional principles in a new judicial procedural form.
Keywords: virtual space; electronic justice; digital justice; robotization of judicial activity; program code of judicial practice; digital forms of judicial protection of rights; blockchain technologies, artificial intelligence in justice.
Reference bibliographic list
1. Khabrieva T.Ya., Chernogor N.N. The future of law. Legacy of academician V.S. Stepin and legal science. – Moscow: Russian Academy of Sciences; Institute of Legislation and Comparative Law under the Government of the Russian Federation; INFRA-M, 2020. – S. 35-36, S. 91-93.
2. Tikhomirov Yu.A., Golovina A.A., Plugina I.V. [and others] Legal space: boundaries and dynamics: monograph / Otv. ed. Yu.A. Tikhomirov. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2019. – P. 31-32.
3. Tikhomirov Yu.A. Legal space: boundaries and dynamics. – S. 39, S. 42-47.
4. Bachilo I.L. Legal platform for building an electronic state. [Electronic resource]. – Access mode: SPS “Consultant Plus”.
5. Bachilo I.L. Information law. – M., 2009. [Electronic resource]. – Access mode: SPS "Consultant Plus".
6. Tikhomirov Yu.A. Legal concept of robotization: monograph / Ed. ed. Yu.A. Tikhomirov.
7. Branovitsky K.L., Renz I.G., Neznamov A.V., Neznamov An.V., Yarkov V.V. Digital technologies and the civil process: problems of mutual influence // Herald of The Euro-Asian Law Congress. – 2018. – No. 2. – S. 56-68.
CIVIL PROCESS
MOSKOVSKIKH Aleksandr Olegovich
student of the Russian State University of Justice
POSSIBILITIES OF WEAK ARTIFICIAL INTELLIGENCE IN CIVIL PROCEEDINGS: REALITIES AND PROSPECTS
The article analyzes the issues of the impact of global digitalization on the civil process. The introduction of digital technologies in legal proceedings has already yielded certain results. The acceleration of this was facilitated by the establishment of restrictive measures in connection with the epidemiological situation in the world. The author drew attention to the group of weak artificial intelligence technologies represented by machine learning. The scientific novelty of the study lies in the attempt made by the author to identify the features of the use of weak artificial intelligence in the implementation of civil justice, determine the ways of their development and propose specific ways for further digitalization of the judicial system. The presented article is based on the following methods: analysis and synthesis of scientific literature, expert opinions, analysis of foreign and domestic experience. The article allows to guide the legislator and the law enforcer in the issues of the features of the real functioning of weak artificial intelligence today and determines the promising directions of its development, which is the practical significance of the study. With further active development, weak artificial intelligence will become the basis for strong, up to leveling the problems of making judgments in civil cases.
Keywords: Narrow Artificial Intelligence, civil process, digitalization of judicial activity, artificial intelligence in the implementation, judge, artificial judge.
Reference bibliographic list
1. Medvedev Yu. Academician Anokhin: Modern artificial intelligence is a “black box”. – [Electronic resource]. – Access mode: https://rg.ru/2020/10/20/akademik-anohin-sovremennyj-iskusstvennyj-intellekt-eto-chernyj-iashchik.html.
2. Federal Law “On Conducting an Experiment to Establish Special Regulations in Order to Create the Necessary Conditions for the Development and Implementation of Artificial Intelligence Technologies in the Subject of the Russian Federation – the Federal City of Moscow and Amendments to Articles 6 and 10 of the Federal Law “On Personal Data” dated April 24 .2020 No. 123-FZ (latest edition) // SPS Consultant. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_351127/ (date of access: 05/18/2022).
3. Decree of the President of the Russian Federation of October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” (together with the “National Strategy for the Development of Artificial Intelligence for the Period until 2030”) // SPS Consultant. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_335184/ (date of access: 05/10/2022).
4. Passport of the federal project Artificial Intelligence of the National Program Digital Economy of the Russian Federation (Appendix No. 3 to the Protocol of the Presidium of the Government Commission on Digital Development, the Use of Information Technologies to Improve the Quality of Life and the Conditions for Doing Business of August 27, 2020 No. 17) // SPS Consultant. – [Electronic resource]. – Access mode: http://www.consultant.ru/law/podborki/federalnyj_proekt_iskusstvennyj_intellekt/ (date of access: 05/20/2022).
5. Kerman A. Artificial intelligence helps American judges make decisions. – [Electronic resource] – Access mode: https://22century.ru/computer-it/61806.
6. Myalo D. Crouching tiger. Artificial intelligence in China decides cases, and judges administer justice on social media. – [Electronic resource] – Access mode: https://www.law.ru/article/22959-kradushchiysya-tigr-kak-iskusstvennyy-intellekt-stanovitsya-chastyu-sudebnoy-sistemy-kitaya.
7. Voinikanis E. A., Semenova E. V., Tyulyaev G. S. Artificial intelligence and law: challenges and opportunities for self-learning algorithms // Bulletin of the Voronezh State University. – 2018. – No. 4. – P. 137-148. 8. Ivanov M. – [Electronic resource] – Access mode: https://legal.report/resheniya-robota-sudi-polnostyu-ustraivayut-sluzhitelej-femidy/
9. Laptev V. Artificial intelligence in court: how it will work // Portal "Right". – [Electronic resource]. – Access mode: https://pravo.ru/opinion/232129/ (date of access: 04/27/2022).
10. Edovina T. SPIEF turned to artificial intelligence. – [Electronic resource] – Access mode: https://www.kommersant.ru/doc/3993010.
11. Momotov V. Artificial intelligence in court will not be neutral to humans. – [Electronic resource]. – Access mode: https://legal.report/viktor-momotov-iskusstvennyj-intellekt-v-sude-ne-budet-nejtralen-k-cheloveku/ (date of access: 04/27/2022).
12. How Baxter Robot Works. – [Video recording]. – [Electronic resource]. – Access mode: https://www.youtube.com/watch?v=gXOkWuSCkRI (Accessed: 05/21/2022).
13. IBM. – [Electronic resource]. – Access mode: https://www.ibm.com/watson/services/discovery/ (Accessed 10/23/2019).
CIVIL PROCESS
SINITSYNA Valeria Alexandrovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MITASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
DEMENTEEVA Irina Iljinichna
Ph.D. in Law, associate professor of Civil process sub-faculty of the I. T. Trubilin Kuban State Agrarian University
THE PROBLEMS OF RECOGNIZING PROPERTY AS OWNERLESS AND RECOGNIZING OWNERSHIP OF SUCH PROPERTY ON THE BASIS OF JUDICIAL PRACTICE
The article deals with the actual problems of procedural regulation of the situation of ownerless things on the basis of judicial practice and various scientific points of view on these problems. The difficulties arising in the process of resolving categories of cases related to the recognition of property as ownerless and the recognition of ownership of them are investigating options for resolving such difficulties are proposed. In particular, the issues relate to increasing the number of subjects eligible to file applications to the court for this type of cases, as well as options for simplifying judicial proceedings in order to speed up the resolution of cases and optimize the work of the courts.
Keywords: ownerless property, recognition of property as ownerless, acquisition of ownership of an ownerless thing.
Reference bibliographic list
1. Evstigneeva M.S., Fedorov A.G. "Recognition of ownership of ownerless property: current aspects of theory and practice" // Uchenye zapiski Tambovskogo otdeliya Rosmu. – 2020. – No. 20. – P. 94-101.
2. A. A. Mokhov, I. V. Vorontsova, and S. Yu. Civil process (civil procedural law) of Russia: textbook / Ed. ed. A.A. Mokhov. – M .: Law Firm Contract LLC, 2017.
3. Stepanova T.R. "Participation of the prosecutor in the consideration of cases on the recognition of ownership of ownerless things" // Bulletin of science and education. – 2019. – No. 11-1 (65). – R. 88-90.
HOUSING LAW
KIM Sergey Andreevich
student of the Institute of Law of the I. T. Trubilin Kuban State Agrarian University
MASLENNIKOVA Lyudmila Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
PROBLEMS OF PRIVATIZATION OF HOUSING IN THE RUSSIAN FEDERATION
This article examines the problems associated with the exercise by citizens of the Russian Federation of their rights in the process of housing privatization. An analysis of the shortcomings of the rights of citizens in the field of housing privatization is carried out. It is worth considering the fact that citizens can privatize residential premises if the right is established under a social tenancy agreement. The article analyzes and formulates ways to protect the housing rights of Russian citizens during the period of privatization of residential premises.
Keywords: housing law, privatization, citizens’ right to housing, housing stock.
Reference bibliographic list
1. Avekov V. Regulation of property relations in the economy // The Economist. – 2004. – No. 7. – S. 41-46.
2. Maslennikova L.V. Recognition of citizens as poor in order to register them as those in need of residential premises under the legislation of the Krasnodar Territory // Scientific journal of KubSAU. – 2014. – No. 100(06). – P. 15.
3. Atoyan L.V., Maslenniokova L.V. To the question of the concept, essence and content of the Constitutional right of citizens of the Russian Federation to housing // Epomen. – 2019. – No. 27. – P. 42-49.
4. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 26, 2013 No. 5-KG13-14. – [Electronic resource]. – Access mode: https://www.vsrf.ru/files/14312/.
5. Decision of the Shchekinsky District Court of the Tula Region No. 2-1443/2020 М-1304/2020 dated July 30, 2020 in case No. 2-1443/2020. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/qj0yntVEzBQS/.
6. Review of the judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2006 in criminal cases. – [Electronic resource]. – Access mode: https://www.vsrf.ru/files/12380/.
7. Federal Law "On the privatization of state and municipal property" dated December 21, 2001 No. 178-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_35155/.
HOUSING LAW
MASLENNIKOVA Ludmila Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
FEDONKIN Yuriy Nikolaevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
KONOVALOV Aleksandr Andreevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
SOME ISSUES OF PUBLIC HOUSING CONTROL
This article is dedicated to the study of the implementation of public housing control, as an integral part of public control. The legal nature of public control is considered as an opportunity for the participation of citizens of the Russian Federation in managing the affairs of the state and strengthening Russia as a legal and democratic state with a developed civil society. The list of normative legal acts that carry out the legal regulation of public housing control has been studied. The provisions of by-laws are analyzed, which develop in more detail the procedure for exercising public housing control. The relevance of the topic under study is due to the importance of housing legal relations in the quality of life of citizens, as well as a key place of public control, as a tool for citizens to protect their rights. The scientific novelty lies in the study of the problematic aspects of the implementation of public housing control and the development of proposals for their resolution.
Keywords: public control, public housing control, rights, public expert, citizen.
Reference bibliographic list
1. Pavlov N. V., Fedonkin Yu. N. General and distinctive features of administrative and legal fictions in the mechanism of legal regulation of public relations // Eurasian Law Journal. 2021. No. 7 (158). pp. 220-221.
2. Kosinenko N. N., Fedonkin Yu. N. On the issue of the activities of public inspectors for environmental protection // Scientific journal "Epomen". 2021. No. 63. P. 133-139.
3. Maslennikova L. V. Approval of the settlement agreement by the arbitration court, taking into account the mediation agreement concluded by the parties // Polythematic network electronic scientific journal of the Kuban State Agrarian University. 2014. No. 97. S. 1234-1248.
BUSINESS LAW
BAKHCHENYAN Artur Sarkisovich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
TO THE QUESTION OF SYSTEMATIZATION OF SOURCES OF COMMERCIAL LAW IN RUSSIA
The article deals with topical problems of systematization of the norms of commercial law in Russia. Topical issues of unification of the norms of law are described, ways of delimiting the commercial and civil law of the Russian Federation are described. The analysis of the dynamics of the development of commercial law norms, its gaps in terms of legal regulation was carried out, the need for the adoption of a codified act – the Commercial Code was noted and confirmed. The prospects for legislative changes in the field of commercial law are substantiated. Also in the article, the main legal acts in the field of sources of commercial law were analyzed and researched. As an example, some international sources of commercial law are given, on the basis of which there is a movement of commercial relations (logistics chains, economic efficiency calculations, trade turnover, commercial relations).
Keywords: commercial law, branch of law, commercial code, legal regulation, rulemaking, adoption of a codified act, commercial relations, source of law, legal regulation.
Reference bibliographic list
1. Andreev V.K. On the Concept for the Development of Legislation on Entrepreneurial Activity // Russian Judge. 2010. No. 9. S. 20-26.
2. Kudryavtseva L.V., Stavilo S.P. Human health, population – as priority objects of legal protection. In the collection: Health of the population – the basis of the prosperity of Russia // Proceedings of the IX All-Russian Scientific and Practical Conference with International Participation. Branch of RSSU, Anapa, 2015. P. 146-148.
3. Belykh V.S. Legal regulation of entrepreneurial activity in Russia: Monograph. M.: TK Velby, Prospekt Publishing House, 2013. S. 113-116.
4. Fatkudinov Z.M., Matygulin T.S. Sources of business law. Kazan: Publishing House "Taglimat" Institute of Economics, Management and Law, 2009. P. 22-24.
5. Shershenevich G.F. Trade Law Textbook / Entry. Art. V. Krasnokutsky. 9th ed. M., 1999. S. 15-17.
6. Zakharova E. I. Separate issues related to the functioning of arbitration courts // Epomen. 2022. No. 69. P. 126-131.
7. Kudryavtseva L.V., Zazirnyaya E.V. Problems of civil regulation of transactions with land plots // Modern fundamental and applied research 2016. No. 4 (23). pp. 342-346.
BUSINESS LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
KAVKAEVA Yuliya Aleksandrovna
magister student of the Institute of Law of the Samara State Economic University
MEDIATION AS A WAY TO PROTECT THE RIGHTS OF ENTREPRENEURS
This article analyzes the legislative and doctrinal definition of the mediation procedure. The authors have identified the advantages of using mediation in disputes between entrepreneurs, as well as problems hindering the development of this institution as a way to protect the rights of entrepreneurs and suggested ways to solve them. The position is defended that the mediation procedure in business disputes should be based on the principle of professionalism. In order to increase the degree of confidence in mediation as a way of resolving business disputes, the necessity of abandoning the institution of non-professional mediators is justified.
Keywords: mediation, mediator, entrepreneurial activity, alternative dispute resolution, entrepreneurs, court.
Reference bibliographic list
1. Avimskaya O.V. Mediation as a procedure: stages of dispute resolution // Moral imperatives in law. – M., 2010. – No. 2 (8). – S. 62-75.
2. Volkov M.A., Shilovskaya A.L. To the question of the legal status of individual participants in mediation relations // Modern Law. – 2019. – No. 3. – S. 96-99.
3. Results of the use of mediation for 2019. [Electronic resource]. – Access mode: http://files.sudrf.ru/1546/user/Spravinfo/13/itogi_mediatsii_za_2019_god.pdf (date of access: 05/10/2022).
4. Kalashnikova S.I. Mediation in the field of civil jurisdiction: Ph.D. – M., 2010. – S. 258.
5. Kaldin M.A. Mediation as an instrument of corporate governance // National Council for Corporate Governance. – 2007. – No. 3. – S. 38-45.
6. Levushkin A.N. Mediation in entrepreneurial activity: problems of the effectiveness of law enforcement // Bulletin of the O.E. Kutafin. – 2020. – No. 7 (71). – S. 138-145.
LABOR LAW
VLADIMIROVA Oksana Alekseevna
Ph.D. in Law, Head of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
LYOVOCHKINA Nadezhda Vladimirovna
cadet of the 3rd course of the Samara Law Institute of the FPS of Russia
PROBLEMS OF COMPENSATION FOR HIRING HOUSING FOR EMPLOYEES OF THE PENAL SYSTEM
The article reveals problematic issues concerning compensation payments to employees of the penal enforcement system for hiring housing in the performance of their official duties. The study concerns Russian legislation in the field of social support for law enforcement officers in different regions of the Russian Federation. The ways of solving the problem of differentiation of compensation payments for the hiring of housing to employees of the penitentiary system who are in the service on a regional basis are proposed.
Keywords: compensation, guarantee, labor relations, payment, standard, penal enforcement system, housing costs, social protection.
Reference bibliographic list
1. Pakanich S.I., Topical issues of payment to employees of the penitentiary system of compensation for renting a dwelling // Criminal Justice. – 2019. – No. 14. – S. 12-16.
2. Polidi T.D. The use of urban planning and housing policy tools to increase the supply of affordable housing: Russian and foreign practice of increasing housing affordability. – M .: Foundation "Inst. of City Economics", 2018. – 20 p.
LABOR LAW
PSHIZOVA Elena Nasurdinovna
Ph.D. in Law of the Adygea State University
TKHARKAKHO Marina Medjidovna
Ph.D. in Law of the Adygea State University
DIGITALIZATION OF THE LABOR PROCESS: ANALYSIS OF FOREIGN LEGISLATION
This article analyzes the aspect of the formation and use of modern information and digital technologies in the development of labor relations. Particular attention is paid to the area of regulation of processes related to the implementation of one of the main constitutional postulates – the protection of labor rights of workers. In addition, the article touches upon the issue of the impact of regulatory regulation of the sphere of information support on the institution of protecting the rights and freedoms of citizens in European countries, and also provides an analysis of the most significant legislative formations that directly affect labor relations in the era of digitalization.
Keywords: information society, public administration, civil and human rights, labor law, platform, employment.
Reference bibliographic list
1. Polozhentseva Yu., Klevtsova M., Leontyev E. Effects of the economic space digitalization in the context of modern society transformation // Economic Chasopis-XXI. – 2019. – No. 11-12. – P. 78-87.
2. Sappirova A.A. Digitalization of the labor contract: prospects for legal regulation and protection of labor rights // University Legal Dialogues on the Law of the Digital Environment: Proceedings of the International Scientific and Practical Conference, Chelyabinsk, March 27-28, 2020. – Chelyabinsk: Publishing Center of SUSU, 2020. – P. 162-167.
3. Ivanov A.P. Modern regulations of the European Union and the Federal Republic of Germany in the era of digitalization // Bulletin of the International Law Institute. – 2018. – No. 4 (67). – S. 96-102.
4. Toropov D.A. Digitization of education in Germany in the context of a pandemic: democratization or isolation? // Pedagogy. – 2021. – T. 85. – No. 4. – S. 122-128.
5. Serova A.V. Peculiarities of protecting the social and labor rights of platform workers (on the example of the mining legislation of France) // For the rights of workers! Priority directions for the development of labor and social security legislation: materials of the seventh International scientific and practical conference, Yekaterinburg, December 16-17, 2021. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education "Ural State Law University", 2021. – P. 155-159.
FINANCIAL RIGHT
ABDREEV Timur Irekovich
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Kazan branch of the Russian State University of Justice
LEGAL REGULATION OF MONETARY EMISSION AND MONETARY CIRCULATION OF RUSSIA IN THE CONDITIONS OF SANCTIONS PRESSURE OF INDIVIDUAL COUNTRIES
In the article, the author explores the issues of legal regulation of monetary emission and monetary circulation in Russia under the conditions of sanctions pressure of individual countries, which is an integral part of public finance. The author highlights the ways of issuing, and also shows the advantages in the legal regulation of the circulation of the digital ruble. Within the framework of countering sanctions pressure and within the framework of the EAEU integration strategy, the creation of a pricing system through the creation of a single exchange space of the union members, as well as the EAEU international currency, which will increase the financial stability of the EAEU member states, is considered.
Keywords: issue and monetary circulation, digital ruble, financial control, international currency of the EAEU.
Reference bibliographic list
1. Abdreev T.I. Peculiarities of legal regulation of appraisal activity: Intersectoral aspects: chapter of a monograph in 4 volumes. Rep. editor S.D. Mogilevsky [i dr.]. – Moscow, 2020.
2. Andryushin S.A., Rubinshtein A.A. Monetary policy of the Bank of Russia in the context of new financial technologies // Bulletin of IE RAS. – 2018. – No. 5. – S. 37-50.
3. Vasyanina E.L. On the Legal Nature of the Money Issue // Financial Law. – 2021. – No. 6. – S. 3-6.
4. Vasyanina E. L. Problems of implementation of the mechanism of budget financing // Financial law. – 2021. – No. 4. – S. 26-29.
5. Yunusov L.A., Yunusov I.A. Comparative analysis of the Great Depression and the crisis of 2008 // Audit and financial analysis. – 2014. – No. 1. – S. 402-405.
FINANCIAL RIGHT
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
MODINA Anastasia Aleksandrovna
magister student of the Samara State University of Economics
ON THE ISSUE OF BRINGING THE CONTROLLING PERSONS OF THE DEBTOR TO SUBSIDIARY LIABILITY IN THE BANKRUPTCY OF CREDIT INSTITUTIONS
The article examines the issues of bringing to subsidiary responsibility of controlling persons of the debtor. The specifics of the regulation of this category of disputes within the framework of the current bankruptcy legislation are emphasized. The changes in the current legislation regarding the establishment of the circle of subjects classified as controlling the credit institution are analyzed. The explanations of the Supreme Court of the Russian Federation are considered in the context of bringing to responsibility the persons controlling the credit institution. The authors come to the conclusion that at the present stage, an optimal mechanism is being formed for bringing the debtor’s controlling persons to responsibility.
Keywords: insolvency, credit institution, arbitration court, debtor, controlling person, subsidiary liability, bankruptcy.
Reference bibliographic list
1. Gorbashev I.V. On some material and legal aspects of bringing to subsidiary liability in the clarifications of the Supreme Court of the Russian Federation // Bulletin of Civil Law. – 2018. – No. 4. – P. 154-202.
2. Konovalov I.V. Some problems of bringing to subsidiary liability of persons controlling a bankrupt credit institution // Scientific aspect. – Humanitarian sciences. – 2019. – No. 2. [Electronic resource]. – Access mode: https://na-journal.ru/2-2019-gumanitarnye-nauki/1611-nekotorye-problemy-privlecheniya-k-subsidiarnoi-otvetstvennosti-lic-kontroliruyushchih-kreditnuyu-organizaciyu-priznannuyu-bankrotom (date of access 04/30/2022).
3. Mikhnevich A.V., Oseledko A.N. The concept of persons controlling the debtor in bankruptcy proceedings // International Journal of the Humanities and Natural Sciences. – 2018. – No. 10-2. – S. 151-159.
4. Popondopulo V.F., Silina (Slepchenko) E.V. Responsibility of the head of the debtor and other persons in the bankruptcy case // Judge. – 2018. – No. 4. – P. 10-15.
FINANCIAL RIGHT
SHAPSUGOVA Marietta Damirovna
senior researcher of the Institute of State and Law of the Russian Academy of Sciences
ON THE MOBILIZATION OF FINANCIAL RESOURCES OF THE ORGANIZATION THROUGH THE ESTABLISHMENT OF PROFIT DISTRIBUTION STANDARDS IN ORDER TO IMPLEMENT THE PRINCIPLES OF THE MOBILIZATION ECONOMY
At the distributive stage of social production, financial resources are allocated to accumulation funds, consumption funds, depreciation funds, and profit. In this process, the leading role can be assigned to the finances of organizations as economic relations that do not exist outside the legal form.
It is at the stage of distribution that the methods of state regulation of the economy can work effectively, and financial flows can be directed to solving the most important state tasks – priorities of state construction in the conditions of economic transformation according to the mobilization type: updating fixed assets, introducing new technologies, improving the welfare of citizens, redistributing excess income for the above purposes.
The author comes to the conclusion that profit distribution standards for solving state super-tasks can be established by law.
Keywords: profit distribution, mobilization economy, distribution standards, organization finance, enterprise finance, private finance,
decentralized finance.
Reference bibliographic list
1. Ashmarina E.M. Financial and legal aspects of accounting systems of the Russian Federation: Dis. … doc. legal Sciences. – M., 2005.
2. Berdyshev S.N. Civil law for an accountant – M.: GrossMedia: ROSBUH, 2013. – [Electronic resource]. – Access mode: SPS Consultant Plus (date of access: 04/20/2022).
3. Bolshakov S.V. Enterprise finance: theory and practice. – M.: Knizhny Mir, 2006.
4. Kuter M.I. Introduction to accounting: Textbook. – [Electronic resource]. – Access mode: educational electronic edition (textbook). – Electron. Dan. (23 Mb). – 2nd ed. erased – Maykop: Elit, 2015. https://doicode.ru/doifile/regdoi/2015-2020/9785990738065.pdf (date of access: 04/25/2022). 5. Molyakov D.S. The theory of finance of socialist enterprises and branches of the national economy. – M .: "Finance and statistics", 1986.
6. Financial results: accounting and tax accounting / L.N. Bulavina, N.V. Kulish, E.I. Kostyukova and others – M .: Finance and statistics, 2006.
7. Orlova E.V. Distribution of net profit: legal and accounting aspects // Financial Bulletin: finance, taxes, insurance, accounting. – 2010. – No. 7. – S. 68-74.
8. Salnikova Yu.N. Legal regime of profit of commercial organizations / Diss. Ph.D. – Yekaterinburg, 2009.
TAX LAW
DIBIROV Yusup Saybulaevich
senior lecturer of the Institute of Law of the Dagestan State University
GAPAEV Islan Gaparovich
magister student of the 2nd course of study of the Institute of Law of the Dagestan State University
CONTROL WORK OF TAX AUTHORITIES
The Constitution of the Russian Federation establishes the obligation to pay taxes fixed in it. Taxes and fees are a distinctive feature of any state, as well as an indispensable condition for its existence, allowing the state to perform its functions, including socially significant ones. Tax liability is unconditional, i.e. everyone is obliged to pay the established taxes. This obligation applies to citizens and legal entities. In order to ensure the fulfillment of tax obligations, special state bodies have been created with powers of control and supervision in the field of tax legal relations. This article will consider the control and supervisory mechanism of tax legislation.
Keywords: supervision, control, tax control, taxation, tax monitoring, tax audit.
Reference bibliographic list
1. Tax Code of the Russian Federation (part 1). 07/31/1998. No. 146-FZ // Collection of Legislation of the Russian Federation. 1998. No. 31. Art. 3824.
2. Law of the Russian Federation of March 21, 1991 No. 943-1 “On the tax authorities of the Russian Federation” // Bulletin of the SND and the Supreme Council of the RSFSR. 1991. No. 15. Art. 492.
3. Decree of the Government of the Russian Federation of November 16, 2020 No. 1830 “On optimization of the structure and number of federal state civil servants and employees filling positions that are not positions of the federal state civil service, federal ministries, the management of which is carried out by the Government of the Russian Federation, federal services and federal agencies subordinated to these federal ministries, federal services and federal agencies managed by the Government of the Russian Federation” // “Collected Legislation of the Russian Federation”. 2020. No. 47. Art. 7533.
4. Decree of the Government of the Russian Federation of May 17, 2016 No. 934-r (as amended on October 7, 2019) “On approval of the main directions for the development and implementation of a system for assessing the effectiveness and efficiency of control and supervisory activities” // Collected Legislation of the Russian Federation. 2016. No. 21. Art. 3075.
5. Decree of the Government of the Russian Federation of February 21, 2020 No. 381-r “On approval of the Concept for the development and functioning of the tax monitoring system in the Russian Federationa” // Collection of Legislation of the Russian Federation. 2020. No. 10. Art. 1357.
6. Order of the Federal Tax Service of Russia dated 09.11.2017 No. ММВ-7-1/846@ “On the indicators of the effectiveness and efficiency of the control and supervisory activities of the Federal Tax Service” // SPS ConsultantPlus.
7. Batasheva F.A., Batasheva E.A. The concept and role of tax audits in the system of tax law. – Text: direct // Young scientist. – 2015. – No. 21 (101). – S. 353-355.
8. Krokhina Yu.A. Tax law: a textbook for academic undergraduate studies. – 8th ed., revised. and additional – Moscow: Yurayt Publishing House, 2016. – 428 p. – T (Bachelor. Academic course). – ISBN 978-5-9916-6314-4. – Text: electronic // Educational platform. [Electronic resource]. – Access mode: https://urait.ru/bcode/389098 (date of access: 04/25/2022).
9. Moroz V.V., Moroz S.V. Indicators of the effectiveness of the work of tax authorities. – Text: direct // Problems of economics and legal practice. – 2018. – No. 2. – P. 50-52.
10. Skopintseva A.V. Tax control as an element of taxation management. – Text: direct // Young scientist. – 2016. – No. 17 (121). – S. 471-475.
TAX LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
VOLKOVA Irina Yurjevna
student of the Crimean branch of the Russian State University of Justice
PECULIARITIES OF TAXATION IN THE FREE ECONOMIC ZONE ON THE TERRITORY OF THE REPUBLIC OF CRIMEA
The article discusses the specifics of paying taxes and insurance premiums from participants of the free economic zone in the Republic of Crimea. Based on the study of federal legislation and the legislation of the Republic of Crimea, the currently existing preferential tax benefit regimes for participants of the free economic zone are formulated. In addition, based on the results of the analysis of materials of judicial practice, problems and contradictions in the interaction of subjects of authority and participants of the free economic zone are identified, as well as possible solutions are formulated.
Keywords: Republic of Crimea, free economic zone, taxation, tax legal relations, tax benefits.
Reference bibliographic list
1. Rudenko A. V. Formation of the legislation of the Republic of Crimea on administrative offenses / A. V. Rudenko, I. V. Bondarchuk // Eurasian legal journal. – 2021. – No. 10 (161). – S. 131-134.
2. Bondarchuk I. V. Problems of development of the legislation of the Republic of Crimea as a new subject of the Russian Federation / I. V. Bondarchuk, A. V. Rudenko // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 90-92.
3. Evsikova E. V. Systematization of the main approaches to the definition of the concept of "tax legal relations" // Eurasian legal journal. – 2015. – No. 4 (83). – S. 149-152.
4. Evsikova E. V. On the issue of reforming the system of taxes and fees in the Russian Federation in the context of the establishment and introduction of the resort fee // Bulletin of the Peoples' Friendship University of Russia. Series: Legal Sciences. – 2018. – T. 22. – No. 3. – S. 385-405.
5. Mamutov R. M. Free economic zone and its role in the sustainable development of the region (on the example of the Republic of Crimea) // Actual problems of the humanities and natural sciences. – 2017.
6. Novikova E. V., Zaykova K. V. Functioning of the free economic zone in the Republic of Crimea as a driver of the socio-economic development of the region // Economic development of Russia. – Volume 26. – No. 11. – 2019. – P. 74-83.
7. Kravchenko N. A. On the issue of the peculiarities of proceedings in administrative cases on challenging decisions, actions (inaction) of tax authorities and their officials // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 226-228.
8. Evsikova E. V. Resort tax in the system of taxes and fees of the Russian Federation // Legal Bulletin of the DSU. – 2018. – T. 26. – No. 2. – S. 83-91.
TAX LAW
STEPANOVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Ural branch of the Russian State University of Justice
THE MAIN PROBLEMS OF REGULATION OF LEGAL LIABILITY FOR NON-PAYMENT OF TAXES IN THE RUSSIAN FEDERATION
The author of the study touches upon the issue of the legal foundations of legal liability for the commission of tax offenses. In particular, the study assesses the scientific and legal justification for such concepts as “tax” and “tax liability”, reveals their main features. In addition, the issue of forming the norms of legal responsibility in the field of taxation is considered by the author through the prism of existing problems. Among the various views and definitions of the above concepts, the author singles out only those that are directly supported by legal practice, and are also the most controversial (unresolved) in terms of their application.
Keywords: taxation, legal regulation, legal responsibility, economics, finance.
Reference bibliographic list
1. Akhtyrskaya N.V. slopeExemption from the payment of taxes, fees and (or) insurance premiums: the criminal-legal aspect: dis. … cand. legal Sciences Specialty 12.00.08 — criminal law and criminology; penal law. – Omsk, 2018. – 196 p.
2. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ // Collected Legislation of the Russian Federation. – No. 31. – 08/03/1998. – Art. 3824.
3. Trebunskikh A.G. Correlation between the concepts of taxes, fees, duties // Student Bulletin. – 2021. – No. 38-2 (183). – S. 48-50.
4. Tax law: a textbook for universities / Ed. S.G. Pepelyaev. – M.: Alpina Publisher, 2015. – S. 31-37.
5. Ponomareva E. S. Psychological causes of tax deviation // Youth science: development trends. – 2018. – No. 1. – S. 52.
6. Rachkova M.Yu., Baglay Yu.V. Criminal liability for tax crimes // Capital of Science. – 2020. –
No. 1 (18). – S. 54.
7. Ovcharova E.V. Problems of applying administrative responsibility for violations of tax legislation under the Tax Code of the Russian Federation (TC RF) and the Code of the Russian Federation on Administrative Offenses (CAO RF) // Administrative Law and Process. – 2005. – No. 2. – S. 17.
8. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on March 25, 2022, as amended on April 19, 2022) // Collected Legislation of the Russian Federation. – 24.12.2001. – No. 52 (part I). – Art. 4921.
9. Federal Law of March 9, 2022 No. 51-FZ “On Amendments to Articles 140 and 144 of the Code of Criminal Procedure of the Russian Federation” // Collected Legislation of the Russian Federation. – 14.03.2022. – No. 11. – Art. 1601.
10. Popkova Zh.G. Tax benefit as an institution of tax law: dis. cand. legal Sciences: 12.00.04. – M., 2019. – S. 120.
11. Tax Code of the Russian Federation (part two) dated August 5, 2000 No. 117-FZ (as amended on May 1, 2022) (as amended and supplemented, effective from May 16, 2022) // Collected Legislation of the Russian Federation. – 08/07/2000. – No. 32. – Art. 3340.
12. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on April 16, 2022, as amended on May 17, 2022) // Collection of Legislation of the Russian Federation. – 07.01.2002. – No. 1 (part 1). – Art. one.
13. Efremova E.S. To the discussion on the transfer of tax offenses to the Code of Administrative Offenses of the Russian Federation // Taxes and financial law. – 2010. – No. 2. – S. 176.
TAX LAW
TSOY Vladimir Revazovich
Paralegal of the Economic Bar Association, postgraduate student of Financial Law sub-faculty of the V. F. Yakovlev Ural State Law University
TAXATION OF LUXURY PROPERTY IN RUSSIA AND ITALY
The subject of the study are the provisions of the tax legislation of the Russian Federation and Italy, providing mechanisms for the taxation of immovable property qualifying as a luxury. The author reveals the content of the analyzed legislative acts, which establish the relevant criteria for determining the items qualifying as luxury. Through the analysis of the Tax Code of the Russian Federation, legislative acts of Italy, as well as law enforcement practice, the conclusion is made that there are mechanisms of taxation of immovable property related to luxury in the framework of the tax on property of individuals in Russia and the value added tax in Italy.
Ways of modernizing the existing legislative mechanisms for luxury taxation in the Russian Federation are proposed, through the application of cadastral categories of elite real estate existing in Italy.
Keywords: luxury items, luxury tax criteria, luxury real estate, cadastral categories, personal property tax, tax rate.
Reference bibliographic list
1. Letter of the Ministry of Finance of Russia dated September 13, 2018 No. 03-05-06-01 / 65622 // ATP Consultant Plus Kucherov I. I. Jewelry as part of luxury goods: the legal side of the issue // Lawyer. – 2020. – No. 10. – P. 63-67.
2. Decreto Ministeriale 2 agosto 1969. – [Electronic resource]. – Mode of access: https://www.gazzettauffici-ale.it/eli/id/1969/08/27/1304Q002/sg (accessed 29.01.2022).
3. Circolare n.31/E/ 2014. – [Electronic resource]. – Access mode: https://www.un-industria.it/canale/fis-cale/notizia/36001// (date of access: 01/29/2022).
4. La tassazione in Italia: lo stato dell'arte (aggiornato al 17 settembre 2021). – [Electronic resource]. – Access mode: http://documenti.camera.it/leg18/dossier/pdf/FI0141.pdf (Accessed 22.01.2022).
TAX LAW
DIBIROV Yusup Saybulaevich
senior lecturer of the Institute of Law 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
REGULATORY REGULATION AND CONDITIONS OF APPLICATION OF THE SIMPLIFIED TAXATION SYSTEM
The article is devoted to various aspects of the special taxation system, which received the name of the simplified taxation system. It is designed to stimulate the development of entrepreneurship in Russia, reducing the tax burden on business. The author reveals the purpose of the simplified taxation system, when switching to which an entrepreneur can optimize taxes, in contrast to the general taxation regime, which includes a larger number of taxes that differ in a complex calculation procedure. The article reveals the advantages and disadvantages of the simplified taxation system.
Keywords: Tax Code, simplified taxation system, special tax regime, individual entrepreneur, tax base, tax rate, value added tax, method of calculating the tax base.
Reference bibliographic list
1. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ (as amended on May 28, 2022) (as amended and supplemented, effective from June 1, 2022) // Collected Legislation of the Russian Federation. – 1998. – No. 31. – Art. 3824.
2. Tax Code of the Russian Federation (part two) dated 05.08.2000 No. 117-FZ (as amended on 05.28.2022) // Collected Legislation of the Russian Federation. – 2000. – No. 32. – Art. 3340.
4. Federal Law of December 29, 1995 No. 222-FZ (as amended on December 31, 2001, as amended on June 19, 2003) “On the Simplified System of Taxation, Accounting and Reporting for Small Business Entities” // Collected Legislation of the Russian Federation. – 1996. – No. 1. – Art. fifteen.
5. Russian Federation. The Federal Tax Service. On the procedure for the provision of financial statements by organizations using the simplified taxation system. Letter of the Federal Tax Service of the Russian Federation dated April 15, 2013 No. ED-4-3/6829. [Electronic resource]. – Access mode: https://base.garant.ru/70423116/ (date of access: 05/27/2022).
6. Russian Federation. Ministry of Finance. On the procedure for including amounts in the income of a taxpayer applying the simplified taxation system: Letter of the Ministry of Finance of Russia dated July 1, 2013 No. 03-11-06/2/24984. [Electronic resource]. – Access mode: https://base.garant.ru/70409102/ (date of access: 05/27/2022).
7. Russian Federation. Ministry of Finance. Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia. On the payment of personal income tax and the submission of tax reporting by organizations applying the simplified tax system when paying dividends to individuals: Letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia dated 02.02.2015 No. 03-04-06 / 4019. [Electronic resource]. – Access mode: https://base.garant.ru/70984704/ (date of access: 05/27/2022).
8. Russian Federation. The Federal Tax Service. On the application of the simplified taxation system: Letter of the Federal Tax Service dated January 15, 2016 No. SD-4-3 / 290@. [Electronic resource]. – Access mode: https://base.garant.ru/71305156/ (date of access: 05/27/2022).
ENVIRONMENTAL LAW
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
LUKASHOV Maksim Sergeevich
student of the Higher School of Law and Forensic Technical Expertise Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
FOREST FIRES ON THE TERRITORY OF THE RUSSIAN FEDERATION: PROBLEMS AND METHODS OF SOLUTION
Based on the statistics provided by Rosstat, the number of forest fires tends to grow every year. This is primarily due to the human factor. The article deals with the problem of the occurrence and spread of forest fires on the territory of modern Russia, describes the problems arising in the legislative decision of this issue on the example of court cases, and also suggests methods and ways to solve the tasks. Judicial practice was reviewed, liability measures were studied. When writing a scientific article, the legislative framework and the experience gained during the study of this issue were applied.
Keywords: forest fires, forest protection, forestry, environmental protection, responsibility, court.
Reference bibliographic list
1. Vorobyov Yu.L., Akimov V.A., Sokolov Yu.I. Forest fires in the Russian Federation (state and consequences). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lesnye-pozhary-v-rossiyskoy-federatsii-sostoyanie-i-posledstviya/viewer (date of access: 03/25/2022).
2. Gundar S.V., Podgrushny A.V. Forest fire management. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/upravlenie-lesnymi-pozharami/viewer (date of access: 03/25/2022).
3. Environmental protection in Russia. Statistical collection. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/nmV0UuE3/Ochrana_2020.pdf (date of access: 03/25/2022).
4. Smirnov A.A., Smirnov A.P. Protection and protection of forests. Forest fires, study guide: Textbooks and manuals for universities, 2021.
5. Judicial practice. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/gQ6uLZtAeDgZ/ (date of access: 03/25/2022).
6. Thirnadtsatko O.A. Planning activities in the economic management system of forest protection of the forest industry. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/planirovanie-meropriyatiy-v-ekonomicheskoy-sisteme-managementa-lesoohrany-lesnoy-otrasli (date of access: 03/25/2022).
7. Shcherbov B.L., Lazareva E.V., Zhurkova I.S. Forest fires and their consequences. Russian Academy of Sciences, Siberian Branch, Institute of Geology and Mineralogy. V.S. Soboleva, 2015.
ENVIRONMENTAL LAW
Karev Dmitry Aleksandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
MAHMUDOV Magamed Salavudinovich
student of the Samara State University of Economics
OPPORTUNITIES FOR THE CREATION OF THE ENVIRONMENTAL CODE
This article touches analysis of the concepts of the proposed draft code with the problem of their introduction to the masses is given. The problems of introducing the code and methods of their solutions are demonstrated based on the analysis of regulatory legal acts. The idea of the structure of a unified concept of the ecological code with the conditions for its introduction is proposed The relevance of the introduction of the code on the territory of the state, the existing gaps in the legislation, certain nuances and the general form of the formation of environmental legislation in a single law are considered.
Keywords: Environmental Code, regulatory framework for environmental legislation, structure of the Environmental Code.
Reference bibliographic list
1. Ignatieva I.A. Codification of Environmental Legislation: Modern Problems and Conditions of Application // Ecological Law. 2008. No. 1.
2. Bogolyubov S.A. Actual problems of environmental law. M., 2014. 608 p.
3. The concept of the draft Federal Law "Environmental Code". [Electronic resource]. – Access mode: http://www.mnr.gvo.ru/
4. On environmental expertise: Federal Law of November 23, 1995 No. 174-FZ // SZ RF. 1995. No. 48. Art. 4556
5. The Constitution of the Russian Federation. Russian newspaper. [Electronic resource]. – Access mode: https://rg.ru/2020/07/04/konstituciya-site-dok.html (accessed 11/15/2020)
6. Surgical intervention. Russian newspaper. [Electronic resource]. – Access mode: https://rg.ru/2020/11/16/mishustin-obiavil-o-sokrashchenii-gosapparata-s-1-ianvaria-2021-goda.html (accessed 11/24/2020)
7. Bogolyubov S.A. "Problems and Tasks of the Environmental Code" // Ecological Law. 2010. No. 6.
8. Alikhanova R.A., Badalova R.Yu. The ecological crisis is a problem of modern society // Izvestiya ChechenskogoState Pedagogical Institute. 2019. V. 17. No. 1 (20). C. 16-19.
CRIMINAL LAW
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, colonel of police
VAGAPOVA Regina Ravilevna
Head of the Research Department of the Ufa Law Institute of the MIA of Russia
ZHURAVLEV Aleksandr Sergeevich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
ANALYSIS OF FRAUD IN THE FIELD OF LENDING
In this article, the author considered the criminal-legal characteristics of the crime provided for in Article 1591 of the Criminal Code of the Russian Federation “Fraud in the field of lending”. The substantiation of the existence of difficulties in the qualification of this corpus delicti is given, as well as the ways of improving the legal norms governing the legal relations under consideration are proposed.
Keywords: fraud, crime, regulatory legal acts, money, the sphere of lending, an individual, acrime.
Reference bibliographic list
1. Akhiyarov R.A. Controversial issues of qualifying fraud in the field of lending (Article 159.1 of the Criminal Code of the Russian Federation) // Eurasian Advocacy. – 2016. – No. 3 (22). – S. 37-40. – EDN WAGWWH.
2. Ermakov S.L. Legal regulation of bank credit // Laws of Russia: experience, analysis, practice. – 2012. – No. 11. – P. 3-11. – EDN PFZWOX.
3. Korepanova E.A. To the question of the object of the crime // Perm legal almanac. – 2018. – No. 1. – P. 467-472. – EDN YNGMLJ.
4. On judicial practice in cases of legalization (laundering) of funds or other property acquired by criminal means, and on the acquisition or sale of property knowingly obtained by criminal means: Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 7, 2015 No. 32 // Bulletin of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: SPS "Consultant-Plus" (date of access: 05/01/2022).
5. Smolin S.V. Topical issues of qualification of fraud in the credit sector // Criminal law. – 2014. – No. 6. – P. 65-72. – EDN THYYTB.
6. Shulga A.V. Property as a subject of crimes against property and its influence on the content of the object of these crimes // Russian investigator. – 2012. – No. 2. – S. 29-32. – EDN OXWKOV.
CRIMINAL LAW
ALYSHEV Sergey Sergeevich
senior lecturer of Criminal process sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CURRENT TRENDS IN CRIMINAL LAW EDUCATION IN THE SYSTEM OF MEASURES TO PREVENT JUVENILE DELINQUENCY
The article evaluates the current trends in the criminal legal education of minors. As a criterion for the effectiveness of the latter, the main trends of criminal behavior of adolescents are analyzed. It is recognized that the preventive measures taken in recent years are generally effective. Separately, the paper summarizes the main legal regulations and the current practice of legal education. It is concluded that the goal of the formation of general civil values and elementary legal knowledge among adolescents has received its proper consolidation at the legislative level, and the implementation of relevant legal ideas and declarative provisions has found its adequate embodiment in current practice. As a result, the authors draw attention to the need for a deeper theoretical study of the issues of criminal legal education of minors. The opinion is supported that at the present stage society faces the task of more intensive formation and development of a conscious positive attitude of minors to the criminal law [18].
Keywords: criminal law education, juvenile delinquency prevention, juvenile delinquency.
Reference bibliographic list
1. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993 (with amendments approved during the all-Russian vote on July 1, 2020) // SPS "ConsultantPlus".
2. On education in the Russian Federation: federal law of December 29, 2012 No. 273-FZ (as amended on March 24, 2021) // SPS ConsultantPlus.
3. On the development of the concept of legal reform in the Russian Federation: Decree of the President of the Russian Federation of July 6, 1995 No. 673 // SPS "Consultant Plus".
4. Strategy for the development of education in the Russian Federation for the period up to 2025, approved by the order of the Government of the Russian Federation dated May 29, 2015 No. 996-r // SPS "ConsultantPlus".
5. On amending the Regulations on the passport of a citizen of the Russian Federation: Decree of the Government of the Russian Federation dated May 20, 2021 No. 761 // SPS "ConsultantPlus".
6. On the approval of the federal state educational standard of higher education in the specialty 44.05.01 Pedagogy and psychology of deviant behavior (specialist level): order of the Ministry of Education and Science of Russia dated 12/19/2016 No. 1611 (Registered in the Ministry of Justice of Russia on 11.01.2017 No. 45175) // SPS "ConsultantPlus" ".
7. An exemplary basic educational program of secondary general education, approved by the decision of the federalof the educational and methodological association for general education, protocol dated June 28, 2016 No. 2 / 16-z // SPS "ConsultantPlus".
8. Exemplary basic educational program of basic general education, approved by the decision of the federal educational and methodological association for general education, protocol dated 04/08/2015 No. 1/15 (as amended on 02/04/2020) // SPS "ConsultantPlus".
9. Abdulgaziev R.Z., Alsultanov M.R., Mamichev V.N., Sukhorukova A.N., Sarukhanyan A.R., Sostin D.I. Social Causation of Criminalization of Cyber Crime Committed with the Use of Information Technology // International Journal of Advanced Trends in Computer Science and Engineering, 2019, vol. 8, no. 5, pp. 2459-2463. DOI: 10.30534/ijatcse/2019/90852019.
10. Abdulgaziev R.Z., Zhukova T.G., Sukhorukova A.N., Mamichev V.N., Arshinov A.S., Alsultanov M.R. Family welfare as a basis of fighting crime // AMAZONIA INVESTIGA, 2018, vol. 7, no. 17, pp. 143-149. WOSUID: WOS:000454437600013.
11. Schools will have a new specialist in educational work // Education in Moscow. – [Electronic resource]. – Access mode: https://obrmos.ru/go/go_scool/news/go_go_scool_news_sovet_2021. html (date of access: 11/18/2021). 12. Vakarina E.A., Golubikhina N.V. Legal education in the context of the problem of criminal liability of minors // Society and Law. – 2018. – No. 2 (64). – S. 125-128.
13. The post of adviser to the director of the school on education and work with children's associations will be introduced in 10 regions. – Access mode: https://edu.ru/news/glavnye-novosti/dolzhnost-sovetnika-direktora-shkoly-po-vospitaniy/ (date of access: 11/18/2021).
14. Kibalnik A.G., Volosyuk P.V., Abdulgaziev R.Z. Russian dissertation research on criminal punishment: main trends in 2010–2019 // All-Russian Criminological Journal. – 2019. – T. 13. – No. 5. – S. 825-836. DOI: 10.17150/2500-4255.2019.13(5).825-836. WOSUID: WOS:000495984400013.
15. Ministry of Education of the Russian Federation. – [Electronic resource]. – Access mode: https://edu.gov.ru/national-project/projects/patriot/ (date of access: 11/18/2021)
16. Portal of legal statistics of the Prosecutor General's Office of the Russian Federation. – [Electronic resource]. – Access mode: http://crimestat.ru/ (date of access: 11/18/2021).
17. Sinyukova T.V. Legal education in modern conditions // Potential of modern science. – 2015. – No. 3. – P. 121-125.
18. Stetsura S.V. Criminal law education as a means of preventing juvenile delinquency: dis. … cand. legal Sciences. – Krasnoyarsk, 2003.
CRIMINAL LAW
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
BONDARENKO Sergey Vyacheslavovich
Ph.D. in Law, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
SOME PROBLEMS OF THEFT AND FRAUD QUALIFICATION
The article discusses the issues of delineation of crimes provided for in Articles 158 and 159.3 of the Criminal Code of the Russian Federation. In particular, the issue of qualification of certain actions containing simultaneously signs of the specified compositions is touched upon. Modern judicial practice on this problem is considered, and one of the possible options for its resolution is also proposed.
Keywords: theft, fraud, bank account, electronic means of payment, electronic money.
CRIMINAL LAW
IBRAGIMOVA Khanicha Alibuttaevna
Ph.D. in Law, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
THE DEATH PENALTY AND ITS IMPACT ON PREVENTION, CRIME PREVENTION
The article provides a brief historical overview of the genesis of the criminal punishment of the death penalty, its appointment and execution. The article analyzes the peculiarities of attitudes towards the use of the death penalty in various countries and in Russia at different stages of the country’s development. Some reasons for the preservation of the death penalty in the modern world are indicated. And it is also noted whether the existence of the death penalty is effective in the fight against crime.
Keywords: criminal responsibility, punishment, death penalty, punishment, retribution, life sentence, efficiency, crime prevention.
Reference bibliographic list
1. Dolgova A.I. Crime, its organization and criminal society. M., 2003. S. 84.
2. Luneev V.V. Criminal globalization // State and law. 2004. No. 10. C. 32.
3. Rozhnov A.A. The death penalty in the Moscow State according to the Code of 1649 and the legislation of the second half of the 17th century. S. 97.
4. Sergievsky N.D. Fav. tr. M., 2008. S. 247-248.
CRIMINAL LAW
AL HAMMOUD Ibrahim Arif Abdulhussain
postgraduate student of the specialty “Criminal Law and Criminology; Penal Enforcement Law” of the Law Institute of the Peoples’ Friendship University of Russia
KASSAB Mohammed Salah Hadi
postgraduate student of the specialty “Criminal Law and Criminology; Penal Enforcement Law” of the Law Institute of the Peoples’ Friendship University of Russia
GOVERNMENT COUNTERMEASURES AND ANTI-CORRUPTION EFFORTS IN EGYPT
The article discusses the fight against corruption, which is a key threat to good governance, democratic processes and honest business practices. Strengthening the fight against corruption is one of the main priorities of Egypt. The author, examining Egypt's National Anti-Corruption Strategy and the operational measures and practices carried out in the country to curb corruption manifestations, comes to the conclusion that despite the success achieved as a result of the countermeasures taken and efforts to combat corruption, Egypt should continue to develop effective anti-corruption tools within the framework of a strong anti-corruption strategy, since the fight against corruption requires not only great efforts, but is also a long-term undertaking that requires political recognition of the problem, the political will and determination to fight it, as well as the development of a number of well-thought-out countermeasures.
Keywords: the fight against corruption in Egypt, state countermeasures, anti-corruption activities of the state, the National Anti-Corruption Strategy of Egypt.
Reference bibliographic list
1. Shorokhov V.E. Anti-Corruption Policy of the United Nations and Russia: Comparative Legal Aspect // International Public and Private Law. 2019. No. 6. S. 36-39.
2. Shorokhov V.E. Legal foundations of the state anti-corruption policy in Russia // Russian justice. 2019. No. 11. S. 49-51.
3. Shorokhov V.E. World practices of forming a system of anti-corruption education and training in the context of the development of civil society // Civil society in Russia and abroad. 2019. No. 3. S. 11-14.
CRIMINAL LAW
GADZHIEVA Patimat Dayitbegovna
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
IBRAGIMOV Magomed Abdulmuminovich
Ph.D. in Law, Dean of the Faculty of Management and Law of the Dagestan State Pedagogical University
RAJABOVA Raisa Valievna
Ph.D. in political sciences, associate professor of Pedagogy sub-faculty of the Dagestan State Pedagogical University
TOPICAL ISSUES OF PREVENTION OF DEVIANT BEHAVIOR OF MINORS IN THE CONDITIONS OF THE EDUCATIONAL SPACE OF THE SCHOOL
This article, based on the analysis of the regulatory literature and the existing practice of working with juvenile offenders of law enforcement agencies and educational organizations, reveals the main causes of adolescent deviation, manifested in illegal behavior. The article argues for the need for a systematic holistic approach to solving the problem of prevention of deviant behavior of adolescents as a negative asocial phenomenon that generates crime among young people.
Keywords: deviant behavior, prevention, teenager, educational environment, minors, offenses, lawful behavior.
Reference bibliographic list
1. Baklanova N.K., Baklanov K.V. Scientific author's school "Professional skill and success of the activity of a pedagogical specialist" // Art and Education. – 2017. – No. 4 (108). – S. 94-104.
2. Baklanov K.V., Potapov D.A. The system of psychological support for the development of creativity of future teachers // Bulletin of the International Centre of Art and Education. – 2016. – No. 2. [Electronic resource]. – Access mode: http://www.art-in-school.ru/bul/2_2016_Potapov.pdf (date of access: 05/27/2022).
3. Zhuravleva E.A. Methods for diagnosing and preventing violence in a teenager's family // Social services. – 2019. – No. 3. – S. 39-44.
4. Rozhdestvenskaya N.A. Deviant behavior and the basics of its prevention in adolescents: textbook. allowance. – M.: Genesis, 2015. – 216 p.
5. Tabachkova A.S. Deviant behavior of teenagers as one of the social problems of the modern school. — Text: direct // Young scientist. – 2020. – No. 15 (305). – S. 69-71. [Electronic resource]. – Access mode: https://moluch.ru/archive/305/68644/ (date of access: 05/27/2022).
CRIMINAL LAW
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MAKHMUDOV Kadyr Shamkhalaevich
magister student of the 2nd course of the North Caucasian Institute (branch) 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 (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ENCROACHMENT ON THE LIFE OF TWO OR MORE PERSONS AND SPECIAL CRUELTY AS QUALIFYING SIGNS IN CRIMES AGAINST LIFE
This article examines the issues of the characteristics of the qualification of a murder committed against two or more persons and with special cruelty. The analysis of theoretical approaches proposed by scientists to the understanding of these qualified signs and the peculiarities of their establishment in law enforcement practice is given. Attention is drawn to the fact that Criminal legislation is characterized by the fact that the dispositions of article 105 of the Criminal Law contain evaluative terms regarding the characteristics of qualified signs, which complicates the process of qualifying these acts, therefore their proper legislative interpretation is necessary .
Keywords: murder, special cruelty, murder of two or more persons, qualification, judicial practice.
Reference bibliographic list
1. Universal Declaration of Human Rights / Adopted by Resolution 217 A (III) of the UN General Assembly of December 10, 1948 / Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950
2. Federal Law No. 323 "On the fundamentals of protecting the health of citizens in the Russian Federation" dated November 21, 2011.
3. Decree of the Plenum of the Supreme Court of the Russian Federation No. 1 dated January 27, 1999 No. 1 “On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)”.
4. Dubovichenko S.V., Moiseeva T.V., Pavlov A.A. Murder committed with particular cruelty: questions of theory and judicial practice // Bulletin of the Volga University. V.N. Tatishchev. – 2014. – No. 1 (80). – S. 51-58.
5. Criminal case No. 1-245/2018. Criminal case No. 1-344/2016. Archive of the Izberbash city court.
6. Aniyants M.K. Responsibility for crimes against life under the current legislation of the Union republics. – Moscow: Jurid. lit., 1964. – S. 59.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and G. Stoletov Vladimir State University, senior justice adviser
PANTYUSHINA Anastasia Igorevna
postgraduate student of the A. G. and N. G. Stoletov Vladimir State University
FEATURES OF THE CONSTRUCTION OF THE SUBJECTIVE SIDE OF THE CRIME UNDER ARTICLE 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article provides a theoretical and legal analysis of the structure of the subjective side of the offense under Art. 207.2 of the Criminal Code of the Russian Federation “Public dissemination of knowingly false socially significant information that entails grave consequences.” Modern theoretical concepts regarding the understanding of this element of the crime are summarized. A comparative legal study of the existing approaches is being carried out, on the basis of which reasonable author’s conclusions are made about the design, form and types of guilt in this crime.
Keywords: the subjective side of the crime; form of guilt; public distribution; deliberately false information; socially significant information; information about coronavirus infection.
Reference bibliographic list
1. Andreev V.L., Soloviev V.S. Criminal legal protection of public relations during the spread of a new coronavirus infection (COVID-19) on the territory of the Russian Federation // Society and Law. 2020. No. 2 (72). pp. 21-26.
2. Bychkov V.V. Public dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, and socially significant information that entailed grave consequences (Articles 207.1, 207.2 of the Criminal Code of the Russian Federation): criminal law characteristics and comparative analysis // Bulletin of the Academy of the Investigative Committee of the Russian Federation. 2020. No. 2 (24). S. 84.
3. Dagel P.S., Kotov D.P. The subjective side of the crime and its establishment. Voronezh, 1974. S. 59.
4. Zlobin G.A. Guilty imputation in the historical aspect // Criminal law in the fight against crime. M., 1981. S. 23.
5. Kibalnik A.G. Criminal legal response to the coronavirus pandemic // Legality. 2020. No. 5. S. 41-44.
6. Kuznetsov A.P. Criminal legal protection of public safety: a scientific review of Art. 207.2 of the Criminal Code of the Russian Federation // Russian tracevatel. 2020. No. 11. S. 28-31.
7. Nabiullina V.R. Criminal liability for public dissemination of knowingly false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation) // Altai Legal Bulletin. 2021. No. 2 (34). pp. 96-100.
8. Orazdurdiev A.M. The concept and signs of a complex crime // Russian investigator. 2022. No. 1. S. 42-46
9. Ponomarenko E.V. Criminal legislation of the Russian Federation in the context of the spread of a new coronavirus infection (covid-19) // Development of the sciences of the anti-criminal cycle in the light of global challenges to society: Sat. proceedings based on the materials of the All-Russian correspondence scientific and practical conference with international participation, Saratov, October 16, 2020. Saratov: Saratov State University. law academy, 2021, p. 155.
10. Sorochkin R.A. Criminal liability for a crime committed with two forms of guilt: author. dis. cand. legal Sciences. M., 2008. S. 4.
CRIMINAL LAW
SELEZNEVA Natalya Alexandrovna
Ph.D. in Law, associate professor of Criminal law, criminal process and criminalistics sub-faculty of the Peoples’ Friendship University of Russia
KABAKHA Mahdi F.M.
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Peoples’ Friendship University of Russia
THE SIGNIFICANCE OF PROVOCATION IN MURDER CASES UNDER JORDANIAN LAW
The article deals with the issue of provocation as a circumstance affecting the qualification of murder under Jordanian law. Based on the materials of judicial practice, situations related to the special role of the victim’s provocative behavior, which generates the criminal’s intention to commit a crime, entailing the most serious consequences for the victim, up to the deprivation of her life, are revealed.
Keywords: provocation, crime, victimization, justification, murder.
Reference bibliographic list
1. Omar A. The crime of adultery between Sharia and law. – Dar Al-Sawa Press, Cairo, 1991. – P. 455.
2. Al-Bazarkan A. The Penal Code (General Section) between Legislation, Jurisprudence and the Judiciary. – Baghdad, 2002. – P. 250.
3. Aladdin M. Legal Extenuating Excuses for Criminal Liability. – Akli Mohand Olhaj University, Bouira, 2017. – R. 57.
4. Yusuf Y. Legal Excuses in Algerian Legislation. – Abdel Hamid ibn Badès University, Algeria, 2019. – R. 23.
5. Khoury A. Punitive Policy in Algerian Law. – University of Algiers, 2008. – R. 76.
6. Bousqa'a A. Al-Wajeez in the Private Criminal Law. – Dar Houma, Algeria, 2nd Edition, 2010. – Part 1. – P. 34.
7. Bashir R. An excuse to provoke when suddenly committing adultery. – Badji Mokhtar University, Algeria. – P. 459 // Journal of Human Sciences, no. 46. - December 2016. – Volume B. – Pg. 451-467. – [Electronic resource]. – Access mode: https://www.asjp.cerist.dz/en/article/89146.
8. Amari A. Excuse for provocation in the crime of marital infidelity. – Batna University, Al-Ihya magazine. – no. 20/2017. – Page 521. – [Electronic resource]. – Access mode: https://www.asjp.cerist.dz/en/article/22592.
9. Judgment issued by the Jerusalem Court of Appeal held in Ramallah in its criminal capacity on 3/15/2011, and on 01/30/2012 in Appeal No. 103/2010. Published in the Judicial and Legislation System in Palestine. – [Electronic resource]. – Access mode: http://muqtafi.birzeit.edu.
10. Judgment issued by the Ramallah Court of Appeal held in the Nablus Court of First Instance on 1/19/2012 in Appeal No. 285/2011. Published in the Judicial and Legislation System in Palestine. – [Electronic resource]. – Access mode: http://muqtafi.birzeit.edu.
CRIMINAL LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of legal disciplines and teaching methodology sub-faculty of the Dagestan State Pedagogical University
SHUGAIBOVA Saida Shugaibovna
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
PROBLEMS OF INVOLVING A MINOR IN THE COMMISSION OF A CRIME
The article considers the elements of the crime provided for by Article 150 of the Criminal Code of the Russian Federation. The article analyzes some issues of qualification of involvement of a minor in a crime based on the analysis of current criminal legislation, materials of court documents and enforcement practices, scientific approaches and understanding of the author. The article was prepared in order to study the content of criminal means of preventing juvenile crimes.
Keywords: declension, involvement, involvement, qualification of offenses, involvement of minors in a crime.
Reference bibliographic list
1. Autlev M.G. Criminological characteristics and criminal law measures to counteract crimes against minors (Articles 150, 151 of the Criminal Code of the Russian Federation). Abstract dis. cand. legal Sciences. – SPB., 2004. – S. 12.
2. Dmitrievsky R.S. Involvement of minors in criminal activity (criminological aspect): Dis. … cand. legal Sciences. – M., 1995. – S. 165.
3. Krasikov A.N. Criminal law protection of human rights and freedomska in Russia. – Saratov, 1996. – P. 5.
4. Morozov A. Problems of interpretation and application of Article 150 of the Criminal Code of the Russian Federation // Criminal Law. – 2013. – No. 1. – P. 54-59.
5. Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of March 26, 1992 in the case of K. // Bulletin of the Supreme Court of the Russian Federation. – 1993. – No. 1. – P. 8.
6. Popov D.V. On mental violence as a sign of the objective side of the crimes under Art. Art. 150, 151 of the Criminal Code of the Russian Federation // Russian judge. – 2016. – No. 12. – P. 36-41.
7. Pudovochkin Yu.E. Responsibility for crimes against minors under Russian criminal law. – St. Petersburg: Publishing house "Legal Center Press", 2002. – P. 96.
CRIMINAL LAW
SIROTKINA Tatyana Gennadjevna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia, lieutenant of police
CHARACTERISTICS OF THE PERSONALITY OF A MINOR WHO HAS COMMITTED CRIMES OF AN EXTREMIST ORIENTATION
This article describes some of the causes and factors of extremist behavior of minors, provides socio-psychological characteristics of such persons, and also suggests measures to prevent the commission of extremist crimes by adolescents.
The author notes the importance of detecting and suppressing extremist sentiments in minors at early stages. The analysis of the influence of information technologies on the spread of extremism in general is carried out.
The personality structure of a minor who has committed this type of crime is considered as the most important link in the mechanism of criminal behavior.
Keywords: extremism, juvenile, extremist crimes, criminal identity.
Reference bibliographic list
1. Aminov D.I., Oganyan R.E. Youth extremism / Under the scientific. ed. R.A. Adelkhanyan. – M. Triada LTD, 2005. – P. 62: [Electronic resource]. — Access mode: https://search.rsl.ru/ru/record/01002714239 (accessed 04/28/2022).
2. Ermakova E.S. The concept and causes of extremism among young people // Young scientist. – 2017. – No. 51 (185). – S. 221.
3. Kamergoev B.M. Features of the spread of youth extremism // Socio-political sciences. – 2018. – No. 3. – P. 55.
4. Kushnir S.I. Social causes of crime in adolescence // Man. Crime and Punishment. – 2015. – No. 1. – S. 71-75.
5. Semochkina A.A. Criminological characteristics of the personality of a minor who commits violent crimes // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8 – S. 150-153.
CRIMINAL LAW
AL HAMMOUD Ibrahim Arif Abdulhussain
postgraduate student of the specialty “Criminal Law and Criminology; Penal Enforcement Law” of the Law Institute of the Peoples’ Friendship University of Russia
RESPONSIBILITY FOR CORRUPTION IN EGYPT
The article emphasizes that the level of corruption is high throughout the Arab region. This applies fully to Egypt. Corruption affects the daily lives of citizens and increases the sense of insecurity, prevents individuals from exercising their rights and freedoms and diverts valuable resources that could be used to promote economic and social development. The author, investigating the responsibility for corruption in Egypt, comes to the conclusion that the anti-corruption legislation of Egypt is insufficiently developed. At the same time, some progress has been made in this area in the country. It seems necessary to revise Egypt’s legal framework in terms of anti-corruption provisions in accordance with international anti-corruption standards.
Keywords: corruption in Egypt, punishment, responsibility, passive and active bribery, bribery, public sector, private sector.
Reference bibliographic list
1. Borisov S.V., Kashirkina A.A., Morozov A.N. et al. Anti-corruption standards of the Organization for Economic Cooperation and Development and their implementation in the Russian Federation / Ed. T.Ya. Khabrieva, A.V. Fedorov. – M.: IZiSP, 2015. – 296 p.
2. Vasiliev A.M. Tsunami of revolutions // Asia and Africa today. – 2011. – No. 3. – S. 2-18.
3. Levakin I.V. Corruption: socio-economic and historical-legal patterns // Russian justice. – 2013. – No. 10. – P. 34-36.
CRIMINAL LAW
VORZHEV Ivan Sergeevich
postgraduate student of Criminal law sub-faculty of the Kazan (Privolzhie) Federal University
CRIMINAL RESPONSIBILITY FOR VIOLATION OF INVIOLABILITY OF HOUSING IN THE LEGISLATION OF FOREIGN COUNTRIES
All human history is the history of how at different times the relations of an ordinary member of society with the state structures of this society developed, how universal human values were formed and spread, which are now undeniable. Only that society can be considered civilized, whose members are provided with a high level of personal freedoms, and these freedoms are guaranteed, among other things, by the laws of this society.
One of the guarantees of general civil liberties is the guarantee of the inviolability of the home, which is as important and inalienable as the guarantee of the inviolability of private life and the guarantee of other public freedoms. In many states, these guarantees are spelled out in their Constitutions, which indicates their undoubted importance for society.
In the article, we will analyze foreign norms of law in terms of the relationship between the right of citizens to the inviolability of their home with other rights declared by the state and related to the field of personal freedoms.
Keywords: constitution, country, law, housing, home inviolability, criminal code.
Reference bibliographic list
1. Criminal law of foreign states. Special part: Proc. settlement / Ed. and with preface. I.D. Kozochkin. – M., 2004. – 528 p.
2. The Constitution of the Italian Republic / Per. from Italian. L.P. Grinberg // Constitutions of the States of the European Union / Ed. ed. L.A. Okunkov. – M.: INFRA-M-NORMA Publishing Group, 1997. – S. 423-450.
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution "Research Institute of the Federal Penitentiary Service"
FEATURES OF EDUCATIONAL WORK WITH JUVENILE CONVICTS IN PENITENTIARY INSTITUTIONS
The topic of juvenile delinquency causes serious concern on the part of society and the State. After all, it is parents who should be engaged in the upbringing of children, but often the lack of attention from the family leads to illegal actions. And when a minor gets into a correctional institution, the educators of this institution face the task of helping to restore the skills of interaction with others and learn to respect society anew. This article examines the characteristics of juvenile convicts, the most important changes in their mental and physical development. Actual problems in relations with relatives, peers and specialists of educational colonies are highlighted. The main forms of mental disorders are highlighted. Special attention is paid to preventive recommendations that will help to organize the process of educational work in the future.
Keywords: juvenile delinquency, penitentiary institutions, juvenile convicts, educational colonies, educational work.
Reference bibliographic list
1. Stepanchikova S.A. Criminology: textbook. allowance. – M.: MIEMP, 2010. – 190 p.
2. Federal Service for the Execution of Punishments. [Electronic resource]. – Access mode: https://fsin.gov.ru/statistics/ (date of access: 04/21/2022).
3. Leonova O.V. Features of carrying out some investigative actions under the criminal procedure legislation // Actual problems of the modern criminal process in Russia: Collection of scientific articles. – Samara: Samara University, 2012. – S. 112-118.
4. Zorina N.S. Deviant behavior of minors as a factor in crime // Scientific works of the FKU Research Institute of the Federal Penitentiary Service of Russia: a scientific and practical quarterly publication. – Moscow: Federal State Institution "Research Institute of Information Technologies of the Federal Penitentiary Service", 2022. – P. 310-313.
5. Stepanov M.V. Educational work is the leading means of correcting convicts // Legal journal. – 2014. – No. 1. – S. 111-115.
6. Kravtsova M.M. Outcast children. Psychological work with the problem. – (Psychologist at school). – M.: Genesis, 2005. – 111 p.
CRIMINAL LAW
KOSHELEV Roman Igorevich
postgraduate student of Criminal law sub-faculty of the Kazan (Privolzhie) Federal University
THE PRECEDENCE OF PUBLIC DANGER IN SPORTS
Sport is an industrial and social activity in which hundreds of millions of people directly participate, and indirectly almost every one of us. The sports sector is characterized by individual crimes of varying degrees of public danger.
It should be noted that from a public point of view, the reaction of the law enforcement system to crimes occurring in the sports environment is far from always fair.
The precedent of public danger in sports legal relations is analyzed.
Keywords: sport, precedent, social danger, crime.
Reference bibliographic list
1. Alekseeva A.P. Crime in the sphere of professional sports // Izvestiya vuzov. North Caucasian region. Series: Social Sciences. – 2009. – No. 2. – C. 92-95
2. Bondarev V.A., Zhmurko R.D. Crimes in the field of sports // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 11-1. – S. 196-199;
3. Rozhnova K.Yu. Determinants of the occurrence of crime in the field of sports // Bulletin of the Penza State University // Penza: Penza State University. – 2021. – No. 2 (34). – S. 20-25.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. andG. Stoletov Vladimir State University, senior justice adviser
GORSHKOVA Natalya Andreevna
Ph.D. in Law, Deputy Head of Criminal law and criminology sub-faculty of the Institute of Law of the Vladimir Law Institute of the FPS of Russia, lieutenant colonel of internal service
THEORETICAL AND APPLIED ANALYSIS OF PENALIZATION OF CRIMES COMMITTED IN VARIOUS FORMS OF FAILURE TO PROVIDE ASSISTANCE AND LEAVING IN DANGER
The article discusses the features of the design of the sanction of articles 124 and 125 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), as well as the performance indicators of the courts of the Russian Federation for the period 2017 to 2021. in the field of sentencing for failure to provide assistance and leaving in danger. The article establishes the general natural tendencies of judicial activity in the field of penalization of crimes provided for in articles 124 and 125 of the Criminal Code of the Russian Federation. It is specified what types of punishment are the most preferable in this area. A general assessment of the law enforcement approach regarding the punishability of these criminal acts is given.
Keywords: failure to provide assistance; leaving in danger; criminal penalty; legal penalization; judicial penalty.
Reference bibliographic list
1. Berchansky K.A. Legal regulation of first aid and criminal liability for its failure // Actual problems of Russian law. 2022. No. 4. S. 86-101.
2. Report on the types of punishment for the most serious crime (excluding addition) for 12 months. 2017 – 12 months 2021 (Form No. 10.3). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 06/05/2022).
CRIMINAL LAW
STRAKHOV Igor Andreevich
postgraduate student of the Moscow City Pedagogical University
ON CERTAIN ISSUES OF CRIMINAL LIABILITY ARISING WHEN OBSTRUCTING THE LEGITIMATE ACTIVITIES OF A PROXY
The article deals with the issues of bringing to justice persons who hinder the exercise of the legal rights and obligations of representatives (proxies) of registered candidates and electoral associations during elections, referendums, and nationwide voting. The successful international experience of bringing to criminal responsibility in the commission of these actions of the CIS countries, in particular the Republic of Uzbekistan, is considered. The article presents proposals for improving the Russian criminal legislation in terms of bringing to criminal responsibility persons who interfere with the legitimate activities of proxies of candidates and electoral associations. The purpose of this work is to improve the criminal legislation of the Russian Federation in terms of providing criminal protection for individual participants in the electoral process. The main objectives of the study include, in particular, the analysis of the legislation of the CIS countries in the field of electoral law in terms of criminal prosecution in connection with the obstruction of the legitimate activities of proxies of candidates and electoral associations in order to borrow positive experience and integrate it into the system of national legislation of the Russian Federation.
Keywords: candidate's proxy, criminal law, criminal law, representative, electoral association, electoral law.
Reference bibliographic list
1. Solodovnikova S.V. Problematic aspects of the qualification of a crime under Art. 141 of the Criminal Code of the Russian Federation "Obstruction of the exercise of voting rights or the work of election commissions" // Leningrad legal journal. – 2015. – No. 4. – P. 205.
2. Knyazev S.D. Actual dissertation research on legal presumptions in the electoral law of the Russian Federation // Electoral Law. – 2012. – No. 3. – P. 54.
3. Starostina I.A. The Institute of Representatives in Electoral Law: Regulatory and Legal Characteristics // Bulletin of Moscow University. – 2010. – Series 11. Law. – S. 79.
CRIMINAL LAW
YUNDINA Maria Andreevna
master’s degree graduate of Criminal law and criminology sub-faculty of the Faculty of Law of the M.Lomonosov Moscow State University, Assistant Attorney at Law Office No. 31 “Asnis and Partners” of the Bar Association “Moscow City Bar Association”
ANALYSIS OF THE CRIME OF MERCENARISM AND ITS RELATIONSHIP WITH THE CONCEPT OF "WAR CRIMES"
This article is devoted to the consideration of the issue of the possibility of classifying mercenarism as a war crime under Russian law. To this end, the author provides a criminal-legal description of the Art. 359 of the Criminal Code of the Russian Federation, as well as the provisions of international humanitarian law. The article concludes that it is impossible to classify mercenarism as a war crime based on the definition of war crimes.
Keywords: mercenarism, war crimes, international humanitarian law, armed conflict, recruitment, training, financing.
Reference bibliographic list
1. Adelkhanyan R.A. War crimes as crimes against the peace and security of mankind: dis. Doctor of Law M., 2003.
2. Esakov G.A. Russian experience of criminalization of serious violations of international humanitarian law. Bulletin of Moscow University. 2015. No. 3. Series 11. Right.
3. Kokambo Yu.D., Skorobogatova O.V., Kuznetsova K.E. Mercenaries and private military companies in the context of modern international and Russian law // Bulletin of the Amur State University. Series: Humanities. 2019. No. 86.
4. Kuznetsova N.F. Crimes against peace and security of mankind // Course of criminal law. Special part: Textbook for universities / Ed. prof. G.N. Borzenkov and prof. V.S. Komissarov. M., 2002. T. 3.
5. The course of Russian criminal law. Special Part / Ed. V.N. Kudryavtseva, A.V. Naumov. M., 2002.
6. Pavlutskaya S.V. Murders committed under aggravating circumstances characterizing the features of the subjective side: Abstract of the thesis. dis. cand. legal Sciences. Vladivostok, 2009.
7. Parkhomenko S.V., Litvintsev A.A. The concept of "Mercenary" in international and Russian criminal law: a comparative legal aspect // Siberian Legal Bulletin. 2017. No. 3.
8. Pshenichnov I.M. Responsibility for hiring in Russian criminal law: theoretical and applied research: dis. cand. legal Sciences. Nizhny Novgorod, 2017.
9. Rusinova V.N. Violations of International Humanitarian Law: Individual Criminal Responsibility and Prosecution: Cand. Ph.D. M., 2005.
10. Tenchov E.S. Crimes against the peace and security of mankind // Criminal Law of Russia. Part Special: Textbook. M., 2005.
11. Trikoz E.N. Crimes against the peace and security of mankind: comparative and international legal aspects. M., 2007.
12. Criminal law of Russia. Special part. Volume 2 / Ed. O.S. Kapinus. M., 2015.
CRIMINAL PROCESS
ABAKUMOV Evgeniy Stepanovich
senior operative for particularly important cases of the Main Directorate of the MIA of Russia for the North Caucasus Federal District
ORGANIZATIONAL ISSUES OF THE USE OF ELECTRONIC DOCUMENT MANAGEMENT IN PRE-TRIAL PROCEEDINGS
The use of electronic and telecommunication means in modern society has predetermined the need for the introduction of electronic document management in the sphere of criminal procedural relations. However, the possibilities of using an electronic document at the stage of preliminary investigation are regulated improperly, or are not regulated at all. This situation does not allow participants in criminal proceedings to fully realize their legitimate interests, which is a violation of the constitutional right to access to justice. The author draws attention to the expediency of expanding the scope of electronic interaction between various subjects of criminal proceedings and simplifying the scheme of such interaction.
Keywords: electronic document, criminal procedural relations, subject of criminal proceedings, preliminary investigation, initiation of criminal proceedings.
Reference bibliographic list
1. Kukarnikova T.E. Electronic document in criminal procedure and criminalistics: dis. …cand. legal Sciences: 12.00.09. – Voronezh, 2003. – 203 p.
2. Rybin A.V. Electronic document as material evidence in cases of crimes in the field of computer information: procedural and forensic aspects: dis. …cand. legal Sciences: 12.00.09. – Krasnodar, 2005. – 192 p.
3. Medvedeva M.O. Criminal procedural form of information technology: current state and main directions of development: dis. …cand. legal Sciences: 12.00.09. – M., 2018. – 250 p.
4. Zigura N.A. Computer information as a type of evidence in the criminal process of Russia: dis. … cand. legal Sciences: 12.00.09. – Chelyabinsk, 2010. – 234 p.
5. Sergeev M.S. Legal regulation of the use of electronic information and electronic media in criminal proceedings: domestic and foreign experience: dis. … cand. legal Sciences: 12.00.09. – Kazan, 2018. – 322 p.
6. Balashova A.A. Electronic media and their use in criminal procedure evidence: dis. …cand. legal Sciences: 12.00.09. – M., 2020. – 216 p.
7. Cherkasov V.S. Legal regulation of the use of electronic means in proving at the pre-trial stages of the criminal process: dis. …cand. legal Sciences: 12.00.09. – Khabarovsk, 2022. – 210 p.
8. Borkovsky A.B. English-Russian Dictionary of Programming and Computer Science (with interpretations): approx. 6000 terms. – M., 1992. – 335 p.
9. Podvolotsky I.N. Legal and forensic aspects of the concept of "document" // "Black holes" in Russian legislation. – 2003. – No. 2. – P. 117-128.
10. Krasnova L.B. Computer objects in the criminal process and criminalistics: author. dis. cand. legal Sciences: 12.00.09. – Voronezh, 2005. – 24 p.
11. Fatkulin S.T. Problems of the use of electronic documents in criminal and arbitration proceedings // Law order: history, theory, practice. – 2018. – No. 4 (19). – S. 40-44.
12. Kuzmin S.S. Procedural-legal concept and meaning of an electronic document // Bulletin of the VSU. Series Right. – 2007. – No. 1. – S. 99-112.
CRIMINAL PROCESS
ABDULLOZODA Parviz Sadullo
Ph.D. in Law, associate professor of Justice and prosecutor`s supervision sub-faculty of the Law Faculty of the Tajik National University
PROCEDURAL ORDER FOR THE SURRENDER OF PERSONS SENTENCED TO IMPRISONMENT TO THE FOREIGN STATE TO SERVE PUNISHMENT ON THE EXAMPLE OF POST-SOVIET COUNTRIES
The article considers actual issues related to the procedural order of surrender of persons sentenced to imprisonment to serve their sentences in a foreign state on the basis of international legal acts and national legislation of post-Soviet countries. It is noted that the surrender of this category of persons is carried out primarily in the interests of the convicted person. More often convicts seek to serve a sentence of imprisonment in the state in which it is more “advantageous” for him to execute the sentence for personal reasons. The author emphasizes the lack of uniformity in terms of the competence of the central bodies of the post-Soviet countries carrying out the transfer: in some countries it is the General Prosecutor’s Office, in others – the Ministry of Justice. The established practice requires the consent of the convicted person, the transferring state and the receiving state. The receiving state independently ensures the execution of the punishment. Measures are proposed to improve the criminal procedural legislation, as well as the effectiveness of the mechanism for surrendering convicted persons to a foreign state.
Keywords: international cooperation, procedural order, surrender of persons, convicted person, imprisonment, serving a sentence, post-Soviet countries, criminal procedural legislation.
Reference bibliographic list
1. Biryukov P.N. International criminal proceduree law and the legal system of the Russian Federation: theoretical problems: dis. … doc. legal Sciences. Voronezh, 2001. 368 p.
2. Bykova E.V. Transfer of a person sentenced to deprivation of liberty to serve his sentence in the state of which he is a citizen: significance and problems. Prosecutorial and investigative practice. 2006. No. 3/4. pp. 51-54
3. Volzhenkina V.M. International cooperation in the field of criminal justice / Nauch. ed. B.V. Volzhenkin. SPb., 1998. 44 p.
4. Grinenko A.V. The practice of international cooperation of the Russian Federation in the field of criminal justice. International criminal law and international justice. 2013. No. 2. S. 3-4.
5. Erokhin V. Transfer of convicts to their homeland for further punishment. Russian justice. 1999. No. 8. S. 35-36.
6. Kalugin A.G., Shinkevich D.V. International cooperation in the field of criminal justice: questions of theory and practice: Proc. allowance. Krasnoyarsk, 2006. 192 p.
7. Lazutin L.A. Legal assistance in criminal cases as an intersectoral regulatory complex. Ekaterinburg, 2008. 404 p.
8. Panyushkina O.V. Norms of the legislation of the Russian Federation on the recognition and execution of sentences of foreign courts. Bulletin of VSU. Ser. Right. 2007. No. 2. S. 353-359
9. Santashov A.L., Santashova L.L. Procedural guarantees for the realization of the rights of those sentenced to deprivation of liberty at various stages of transfer to serve their sentence in the state of their citizenship // Bulletin of the institute: crime, punishment, correction. 2015. No. 2 (30). pp. 48-52.
10. Santashova L.L. Foreign experience of transferring persons sentenced to deprivation of liberty to serve their sentence in the state of their citizenship // Bulletin of the Saratov State Law Academy. 2015. No. 3 (104). pp. 226-231
11. Santashova L.L., Seryakova I.N. Santashov A.L. Features of the transfer of convicts to serve their sentences under the laws of the Federal Republic of Germany // Law and Law 2017. No. 12. P. 102-104
12. Smirnov A.M. The procedural procedure for the transfer of persons sentenced to deprivation of liberty to serve their punishment in the state of their citizenship // III International Penitentiary Forum "Crime, Punishment, Correction" (on the 20th anniversary of the entry into force of the Criminal Executive Code of the Russian Federation): Sat. abstract ledge. and report. participants (Ryazan, November 21-23, 2017): In 8 volumes. Ryazan, 2017. S. 231-232.
13. Shabanov V.B. European experience of transferring persons sentenced to deprivation of liberty to serve their sentences in the state of their citizenship // Bulletin of the Institute: Crime, Punishment, Correction. 2016. No. 1 (33). 11-13
14. Efendiev T.S. Transfer of a person to serve a sentence in the state of which he is a citizen // Russian investigator. 2009. No. 22. S. 8-13.
CRIMINAL PROCESS
ZAVGORODNEVA Ekaterina Valerjevna
lecturer of Criminal process and criminalistics sub-faculty of the Orenburg State University
REFLECTIONS ON THE REASONS FOR THE SPECIAL CRIMINAL PROCEEDINGS AGAINST CERTAIN CATEGORIES OF PERSONS
The article is devoted to the consideration of the grounds for granting persons listed in Article 447 of the Code of Criminal Procedure of the Russian Federation a special criminal procedural status. It is noted that the presence of such a category of persons is assessed by many scientists as contrary to constitutional norms. It is indicated that the reason for the legislator's deviation from a number of fundamental principles of law is not only the social significance of the activities of these persons on a state scale, but the trust placed in them by society by the very fact of granting certain powers. It is concluded that the exceptions provided for by the Criminal Procedure Code of the Russian Federation from the general procedure of production consist not only in ensuring the validity and legality of the criminal procedural decisions taken against such persons, but also in the fact that the primary The task of the investigation bodies should be to exclude the possible connection of the criminal event to be investigated with the counteraction to the performance of socially significant functions by these persons.
Keywords: criminal proceedings, persons with special status, socially significant functions, immunity, guarantees.
Reference bibliographic list
1. Kornakova S.V., Shcherbakova I.A. Guarantees of Independence Ensuring the Status of a Judge in the Russian Federation // Bulletin of the Tomsk State University. – 2018. – No. 433. – P. 180-185.
2. Vanyan K.D., Gilmanov I.R., Kosterin V.V., Lysov N.N. Inviolability of certain categories of persons as an institution of criminal procedure law // Development of legal science in new conditions: unity of theory and practice-2020: Sat. reports on the materials of the Intern. scientific-practical. Rostov-on-Don – Taganrog, October 23-24, 2020 – Rostov-on-Don – Taganrog: Southern Federal University, 2020. – P. 511-517.
3. Kornakova S.V., Shcherbakova I.A. Legal Status of Judges: Terminological Problems of Determining the Content of a Concept // Russian Judge. – 2018. – No. 4. – P. 43-47.
4. Oleinik O.M. Agreement on the transfer of powers of the executiveorgan of society: problems of qualification and application // Law. – 2015. – No. 12. – P. 150-158.
5. Kornakova S.V. On the issue of factors influencing the formation of public confidence in the court and justice // Russian judge. – 2020. – No. 1. – P. 14-19.
6. Pushkareva G.V. Trust in the public space of public administration // Public administration. Electronic Bulletin. – 2019. – No. 76. – P. 151-175.
7. Skripkina T.P. Psychology of trust: textbook. allowance Ed. G.S. Prokopenko. – M.: Ed. Center "Academy", 2000. – 264 p.
CRIMINAL PROCESS
IVANOVA Olga Gennadjevna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Siberian Federal University
NEDBAYLOV Pavel Andreevich
magister student of the Institute of Law of the Siberian Federal University
THE PROCEDURE FOR COLLECTING DIGITAL INFORMATION IN CRIMINAL PROCEEDINGS
The article examines the problem of collecting digital information in the course of a preliminary investigation in criminal cases. The main ways of involving digital information in the criminal process are considered. Investigative and other procedural actions aimed at securing digital information are determined, debatable issues related to legislative regulation of the procedure for handling information presented in digital form during the investigation of criminal cases are raised.
Keywords: digital information, evidence, collection of evidence, digital evidence, electronic media, investigative action.
Reference bibliographic list
1. Balashova A.A. Electronic media and their use in criminal procedure evidence: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2020.
2. Sparrow S.N. Problems of legal regulation of the procedural procedure for the seizure of electronic media and copying of the information contained on them // Law and Law. – 2020. – No. 1.
3. Gavrilin Yu.V. Electronic media in criminal proceedings // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 4.
4. Gavrilin Yu.V., Pobedkin A.V. Collecting evidence in the form of information on electronic media in criminal proceedings in Russia: it is necessary to improve the procedural form // Proceedings of the Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3.
5. Guzin A.R., Valieva Yu.M. Problems of regulating the collection of electronic information in the current legislation // Juvenis scientia. – 2017. – No. 1.
6. Dobrovlyanina O. V. Some aspects of the procedural seizure (copying) of electronic media // Perm legal almanac. Annual scientific journal. – 2019. – No. 1.
7. Zazulin A.I. Legal and methodological foundations for the use of digital information in proving in a criminal case: Abstract of the thesis. dis. … cand. legal Sciences. – Yekaterinburg, 2018.
8. Zuev S.V., Cherkasov V.S. New rules for the seizure of electronic media and copying of information: advantages and disadvantages of the novel // Siberian Legal Review. – 2019. – No. 2.
9. Pastukhov P.S. "Electronic evidence" in the normative system of criminal procedural evidence // Perm legal almanac. Annual scientific journal. – 2019. – No. 2.
10. Pershin A.N. Inspection of network information resources – a new type of investigative action? // Russian investigator. – 2020. – No. 1.
CRIMINAL PROCESS
KLESHCHEV Sergey Vyacheslavovich
Deputy Head of Organization and provision of disclosure and investigation of crimes sub-faculty of the Tver branch of the V. Ya. Kikot Moscow University of the MIA of Russia
METHODS OF COUNTERING CYBERCRIME IN THE UNITED STATES
The article examines the US regulations regulating the issues of countering cybercrime, and gives a description of the bodies working in this area. The problems of combating cybercrime existing in the USA are analyzed. First of all, there is a lack of a comprehensive strategic approach in the United States to identify, stop cyber attacks, and punish those who carry them out. Measures are proposed to improve its effectiveness. The need for convergence of transnational efforts and resources of the public and private sectors, ensuring proper training of law enforcement agencies for conducting cyber investigations is emphasized. It is noted that the main priority for the US government is to strengthen international cooperation and create alliances for a collective response to common cyber threats. Conflicts in the functions of institutions responsible for countering cybercrime should also be eliminated, paying special attention to rationalizing efforts, reducing duplication and clarifying jurisdiction. It is concluded that all these areas should be supported by a comprehensive US cyber enforcement strategy aimed at identifying, stopping global cyber attacks and punishing those who commit them.
Keywords: cybercrime, cybercriminals, cyber investigations, law enforcement agencies, strategy, coordination.
CRIMINAL PROCESS
LYUBIMOVA Alina Alekseevna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia, senior lieutenant of police
ARREST OF NON-CASH FUNDS OF THE SUSPECT, ACCUSED AS A WAY OF PROTECTION OF THE PROPERTY RIGHTS OF VICTIMS: FEATURES OF REALIZATION
Protection of proprietary rights of victims at the stage of preliminary investigation is one of the most important issues at the present stage of development of criminal proceedings. The author of article considers questions of practice of arrest of non-cash money of the suspected and (or) accused, as a measure on maintenance of protection of the property rights of victims in criminal proceedings. The problematic aspects of arrest of non-cash funds have been revealed. The importance of legislative regulation of deadlines for responding to the investigator’s enquiries is highlighted. Besides, the necessity of introducing the term “electronic document” in the criminal procedural legislation is pointed out. On the basis of the carried out analysis concrete offers on perfection of the criminal- procedural legislation of the Russian Federation are given.
Keywords: non-cash funds, suspect, accused, arrest of property, credit institution, property damage, request of the investigator, electronic document.
Reference bibliographic list
1. Grachev S.A. Banking secrecy in criminal proceedings: conflicts of interpretation and law enforcement // Russian investigator. – 2021. – No. 8. – P. 11-15.
2. Ivanov D.A., Ukhanova N.V., Filatova I.V. Essence and categorical list of property that can be seized in pre-trial proceedings in criminal cases // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 173-179.
3. Kiriyakova N.I. The ratio of cash and non-cash in the modern economy: displacement or preservation? // Bulletin of the Altai Academy of Economics and Law. – 2020. – No. 12. – P. 534-539.
4. Kulikov A.S. Arrest of various types of property in a criminal case. Errors of the investigation and courts // Criminal process. – 2022. – No. 5. – S. 24-31.
CRIMINAL PROCESS
MUSTAFINA Gulnara Mazhitovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
MELNIKOVA Alina Sergeevna
associate professor of General legal disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
THE RATIO OF OPERATIONAL-INVESTIGATIVE AND CRIMINAL-PROCEDURAL LEGISLATION IN OBTAINING SAMPLES FOR COMPARATIVE RESEARCH
This article discusses the features of the legal regulation of operational investigative and criminal procedure legislation of actions to obtain samples for comparative research. The presence of contradictions in the law may serve as a basis for recognizing the extracted sources as unacceptable. In order to improve the quality of legal regulation, it seems relevant to consider the problems of interpretation of operational investigative and criminal procedure legislation when obtaining samples for comparative research.
Keywords: crime, operational investigative activities, criminal proceedings, criminal prevention proceedings, human and civil rights and freedoms.
Reference bibliographic list
1. Lapin E.S. Legal characteristics of the operational-search measure "collection of samples for comparative research" // Law. Legislation. Personality. – 2016. – No. 2 (23). Criminal law, criminal procedure and criminalistics.
2. Sadchikov A.S. The use of samples for comparative research, obtained by the operational-search method, in the process of proving. – 2022. – No. 18 (63). [Electronic resource]. – Access mode: https://scilead.ru/article/2134-ispolzovanie-obraztsov-dlya-sravnitelnogo-iss.
3. Kudryavtseva A.V., Kudryavtseva Yu.A. Obtaining samples for comparative research in criminal proceedings in Russia (procedural nature, order, evidentiary value) monograph. – Moscow, 2014.
CRIMINAL PROCESS
SULEYMANOV Talyat Alievich
Ph.D. in Law, 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 of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
MASLENNIKOVA Ekaterina Aleksandrovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FEATURES OF PREPARATION AND VERIFICATION OF TESTIMONY ON THE SPOT DURING THE INVESTIGATION OF THE DISORGANIZATION OF THE ACTIVITIES OF INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article discusses the specifics of preparing and conducting on-site verification of testimony during the investigation of the disorganization of the activities of institutions of the Russian penal system that provide isolation from society. The tactical, organizational and regime features of the preparation and verification of testimony on the spot in a criminal case of this category are proposed.
Keywords: verification of testimony on the spot, the person being checked, the investigator, the suspect, tactical technique, disorganization of the activities of the correctional institution.
Reference bibliographic list
1. Features of the investigation of the disorganization of the activities of institutions that provide isolation from society: studies.-pract. allowance / A.V. Akchurin, E.V. Lyadov, E.V. Nazarkin, L.V. Novikova, O.A. Belov, A.G. Tsivkunov. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2012. – 75 p.
CRIMINAL PROCESS
NGUYEN Thu Trang
postgraduate student of the Institute of Law of the People's Friendship University of Russia
SPECIALIZEDFAMILYANDJUVENILECOURTINVIETNAM
In Vietnam, the Family and Juvenile Court is a new specialized court formally incorporated
into the law and organized in the judiciary after 2014. The purpose of the article is to research about this court in order to identify the
shortcomings and limitations that still exist, thereby presenting a series of recommendations to improve the efficiency of the Vietnamese
judicial system as a whole.
Keywords: Court, family case, juvenile, judicial system, Vietnam.
Reference bibliographic list
1. Văn Nghiệp Chúc, Mô hình Tòa gia đình và người chưa
thành niên – Báo Nhân Dân / Wang Ngyep Chuk. Model
family and juvenile court
summer. [Electronic resource]. – Access mode:
https://nhandan.vn/thoi-su-phap-luat/mo-hinh-toa-giadinh-va-nguoi-chua-thanh-nien-205963/ (date accessed
date: 05/13/2022)
2. Vetoshkin S.A. Juvenile law: Proc. allowance.
Ekaterinburg: Publishing house Ros. state prof.-ped. university,
2008. 169 p.
3. Rabets A.M. Juvenile law of the Russian Federation –
tions: textbook and workshop for undergraduate and graduate
strata. 4th ed., revised. and additional M.: Publishing house
Yurayt, 2018. 362 p.
CRIMINAL PROCESS
RADNEVA Elena Georgievna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SAVCHENKO Ivan Gennadjevich
student of the 5th course of the Crimean branch of the Krasnodar University of the MIA of Russia, junior lieutenant of police
SEPARATE PROBLEMS OF REALIZATION OF THE RIGHT TO DEFENSE AT THE PRESENT STAGE OF DEVELOPMENT OF CRIMINAL PROCEEDINGS
The article discusses some of the problems arising in the exercise of the right to defense of a suspect (accused) at the present stage of the development of the criminal process. The problematic aspects are analyzed and proposals for their regulation are made. The peculiarities of the problems of realization of the right to protection of persons who are minors are disclosed. The necessity of improving the procedural regulation of the rights exercised by the suspect (accused) during the criminal process in the case is determined.
Keywords: right to defense, realization of the right to defense, suspect, accused, criminal trial, minor.
Reference bibliographic list
1. Petrova I.A. The essence and problems of ensuring the right to protection in pre-trial proceedings // Alley of Science. – 2019. – No. 1 (28). – S. 685-689. [Electronic resource]. – Access mode: http://elibrary.ru/item.asp?id=37130487.
2. Yaselskaya V.V. On improving the procedure for resolving petitions at the stage of preliminary investigation // Criminal Justice. – 2018. – No. 2 (6). – S. 67-68.
3. Zhurba O.L., Radneva E.G. Separate problems of the implementation of the right to defense at the present stage of development of criminal proceedings // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky Jurisprudence. – 2019. – V. 5 (71). – No. 4. – S. 228-234.
4. Safonova A.A. Some problems of the defense attorney's entry into a criminal case // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 59-63.
CRIMINAL PROCESS
SAFONOV Andrey Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Training and Research Complex of Forensic examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Novorossiysk branch of the Krasnodar University of the MIA of Russia
GENERAL CONDITIONS OF INTERROGATION
The article is dedicated to the relevance of conducting one of the most common investigative actions – interrogation. The concept of investigative action, as well as, directly, interrogation in criminal procedure science and forensic literature are considered. The analysis is given of the general conditions inherent in all types of interrogation at the stage of preliminary investigation and trial, each of the conditions inherent in the interrogation was subject to a detailed description.
Keywords: interrogation, investigative action, criminal procedure Code, types of interrogation.
Reference bibliographic list
1. Arutyunyan A.A., Brusnitsyn L.V., Vasiliev O.L. etc. The course of the criminal process / Ed. L.V. Golovko. – M.: Statute, 2016. – 1278 p. [Electronic resource]. – Access mode: ATP "ConsultantPlus".
CRIMINAL PROCESS
SOKOLOV Yuriy Nikolaevich
Ph.D. in Law, associate professor of Criminalistics sub-faculty, associate professor of Information law sub-faculty of the V. F. Yakovlev Ural State Law University
ELECTRONIC PROTOCOL OF PROCEDURAL ACTION IN CRIMINAL PROCEEDINGS: "PROS" AND "CONS"
Taking into account the rapid development of information technologies in the Russian information society, the author naturally raises the issue of the planned replacement of a paper written and printed protocol with an electronic document. Separate norms of the criminal procedure law regulating the use of technical means during the preliminary investigation and examination of evidence in court proceedings are analyzed. Attention is focused on the legal basis for depositing electronic forensically significant information. Detailed conclusions are made and proposed on the gradual replacement of the written protocol form of criminal proceedings with the form of an electronic document.
Keywords: information technologies, forensically significant information, electronic document, electronic information carrier.
Reference bibliographic list
1. Aleksandrov A.S., Bostanov R.A. The use of derivative evidence in criminal proceedings. – M.: "Yurlitinform", 2013. – 320 p.
2. Zuev S.V. Electronic criminal case: for and against
// Law and order: history, theory, practice. – 2018. – No. 4 (19). – P. 6-12. 3. Zuev S.V., Nikitin E.V. Information technologies in solving criminal procedural problems // All-Russian criminological journal. – 2017. – T. 11. – No. 3. – S. 587-595.
4. The concept of the use of information technology in the activities of federal government bodies until 2010 and an action plan for its implementation, approved. Decree of the Government of the Russian Federation of September 27, 2004 No. 1244-r // Collection of Legislation of the Russian Federation. – 2004. – No. 40. – Art. 3981.
5. Meshcheryakova O.A. Organizational and procedural measures to prevent the loss of criminal cases in the system of crime prevention // Legal Bulletin of the Dagestan State University. – 2015. – T. 14. – No. 2. – S. 141-145.
6. Pastukhov P.S. "Electronic evidence" in the adversarial system of criminal procedural evidence // Society and Law. – 2015. – No. 1 (51). – S. 192, 193.
7. Pashin S.A. Evidence in the Russian criminal process. – M.: Complex-Progress, 1999. – 104 p.
8. Decree of the Government of the Russian Federation of December 27, 2012 No. 1406 “On the federal target program “Development of the Russian judicial system for 2013-2020” // Collected Legislation of the Russian Federation. – 2013. – No. 1. – Art. 13.
9. Program "Digital Economy in the Russian Federation" // Approved. Decree of the Government of the Russian Federation of July 28, 2017 No. 1632-r // Collection of Legislation of the Russian Federation. – 2017. – No. 32. – Art. 5138.
10. Code of Criminal Procedure of Georgia (dated October 9, 2009, No. 1772-Ps). – [Electronic resource]. – Access mode: https://jurytrial.ru/library/item/8847 (date of access: 06/01/2022).
11. Code of Criminal Procedure of the Republic of Kazakhstan dated 04.07.2014 No. 231-VI (as amended and supplemented as of 02.01.2022). – [Electronic resource]. – Access mode: https://online.zakon.kz/m/document/?doc_id=31575852 (date of access: 06/01/2022).
CRIMINAL PROCESS
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, major of internal service
PLOTKIN Dmitry Matveevich
Ph.D. in Law, Retired Investigator on particularly important cases, Honorary Worker of the Prosecutor’s Office of the Russian Federation, Senior Advisor to Justice, Member of the Union of Writers of Russia
THE USE OF HYPNOSIS DURING THE INVESTIGATION OF CRIMES
The authors note that the use of hypnosis in legal practice caused an ambiguous attitude of lawyers and social activists. At the same time, numerous experiments proved the effectiveness of the method to establish truth. Over time, direct prohibitions have become recommended, and hypnosis is used by the investigating authorities, although not very widely, in exceptional cases, to obtain operational information. It is important to get written voluntary consent to the use of hypnosis to witnesses and victims. In relation to the suspects or accused, to use this method is not allowed. The authors provide examples from the practice of the investigator in particularly important cases of the Ryazan regional prosecutor’s office D. Plotkin on the use of hypnosis to obtain the necessary information from a witness. Based on the above example, the authors noted that the use of such a peculiar and completely not recognized method as hypnosis is not only possible for investigative actions in some cases, but also necessary, also focused that the details of the crime can be restored with hypnosis, get unique information that cannot be obtained in any other way. In conclusion, it was concluded that in domestic law enforcement practice the methodology for the use of hypnosis during investigative actions is at the initial stage of development, but there is hope that it will find its place in the fight against crime and will become the beginning of the formation of a new promising direction – forensic hypnology, whose task There will be an improvement in the tactical equipment of investigative practice.
Keywords: criminal process, hypnosis, witness, victim, hypno-poll.
CRIMINAL PROCESS
SLYUSARENKO Ekaterina Sergeevna
investigator of the investigative part of the Main Investigative Department of the MIA of Russia in the Stavropol Territory, adjunct of the Academy of Management of the MIA of Russia
OBSERVANCE OF THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS WHEN MAKING A DECISION TO SUSPEND PROCEEDINGS IN A CRIMINAL CASE
The decision to suspend the preliminary investigation is quite common in investigative practice. To a certain extent, this is an obstacle to achieving the objectives of criminal proceedings. Gaps in the legislative regulation of the procedure for suspending proceedings in a criminal case do not allow the rights and legitimate interests of participants in the process who have their own interest in the case to be properly understood. The author draws attention to the need for legislative adjustment of certain norms providing for notification of the suspension of the investigation, the timelines of granting procedural status to the person who committed the crime, the election of preventive measures against him, as well as proving the circumstances of the act that determine the legality and validity of the decision to suspend pre-trial proceedings.
Keywords: suspension of preliminary investigation, participant in criminal procedural relations, search for a suspect, rights and obligations of subjects of criminal proceedings.
Reference bibliographic list
1. Maslov I.V. Actual problems of legal regulation of procedural terms in pre-trial proceedings in criminal cases: dis. cand. legal Sciences. – M., 2003.
2. Lifanova L.G. Separate problems of democratization of the preliminary investigation // Legal problems of strengthening Russian statehood: coll. articles / Ed. O.I. Andreeva, A.S. Knyazkov, N.V. Olkhovik, L.M. Prozumentov, M.K. Svirirdov, V.A. Utkin. – Tomsk, 2021.
3. Shatilo K.D. Suspension of inquiry and preliminary investigation. – M., 1963.
4. Zakirova E.F. Suspension of the preliminary investigation in the case when the suspect or the accused has fled from the investigation or his location has not been established for other reasons: dis. … cand. legal Sciences. – Izhevsk, 2004.
5. Livshits Yu.D., Kochetova A.V. Some questions of the effectiveness of the suspension of proceedings in a criminal case in the book: Sat. scientific works. – Chelyabinsk, 2004.
6. Shadrin V.S. Ensuring the rights of the individual in the investigation of crimes: author. … dis. doc. legal Sciences. – M., 1997.
7. Egorova M.S. Institute of suspension of proceedings in a criminal case and ensuring the rights and legitimate interests of participants in the criminal process in the implementation of its norms: Cand. legal Sciences. – M., 2003.
CRIMINAL PROCESS
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor of criminal law disciplines sub-faculty of the State Institute of Economicss, Finance, Law and Technology, Gatchina, Leningrad region
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Gatchina, Leningrad region
TOPICAL ISSUES ARISING AT THE CONCLUSION OF A PRE-TRIAL COOPERATION AGREEMENT
The article examines the current state and trend of development of criminal procedural norms regulating the activities of the prosecutor, preliminary investigation bodies and the court, when concluding a pre-trial cooperation agreement. The issues related to the implementation of the tasks assigned to them by the prosecutor, the investigator, for the implementation of criminal prosecution, which is directly related to the control of the implementation of these constitutional prescriptions in their activities, are highlighted.
Keywords: preliminary investigation, pre-trial cooperation agreement, prosecutor, criminal proceedings, criminal case, investigator, person with whom a pre-trial cooperation agreement was concluded, powers.
Reference bibliographic list
1. Tisen O.N. On the problem of limited prejudice of facts established in relation to the subject of a pre-trial cooperation agreement // Electronic journal "Russian Justice". – 2014. – No. 10. – P. 67.
2. Polyakova I.I. Features of the powers of the prosecutor and investigator in the application of a pre-trial agreement on cooperation // Bulletin of the Volga University. V.N. Tatishchev. – 2019. – No. 4. Volume 2. – P. 126-129.
CRIMINAL PROCESS
TRIFONOVA Kristina Alekseevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex for the Preliminary Investigation in the Internal Affairs Agencies of the Volgograd Academy of the MIA of Russia
ACTIVITIES OF A TRIAL INVESTIGATOR TO IDENTIFY SUBSEQUENT VIDEOCONFERENCING: CRIMINAL PROCEDURAL AND FORENSIC ASPECTS
The article discusses certain aspects of preparing for presentation for identification by remote means. The conditions for the production of identification by videoconferencing are analyzed. It is noted that the preparatory stage has a dual character. Recommendations on the preparation of instructions and requirements for technical equipment are presented.
Keywords: presentation for identification, video conferencing, web conferences, place of preliminary investigation, assignment.
Reference bibliographic list
1. Kostenko N.S., Ryzhkova O.A. Online interrogation at the pre-trial stages of criminal proceedings: myth or reality // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2021. No. 2. S. 132-136
2. Ryzhakov A.P. Investigative actions on the videoconferencing. Questions and answers. Criminal process. 2022. No. 3. [Electronic resource]. – Access mode: https://e.ugpr.ru/952817 (date of access: 03/18/2022).
3. Popova O.A. Tactical aspects of presentation for identification of persons in conditions that exclude visual observation of the identifying person by the identifiable person // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2016. No. 2. P. 107. P. 106-109
4. Code of Criminal Procedure of the Republic of Uzbekistan dated September 22, 1994 No. 2013-XII (as amended and supplemented as of March 14, 2022) // IS Paragraph "Lawyer". [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30421101 (accessed 20.03.2022).
CRIMINAL PROCESS
FAYRUSHINA Rimma Damirovna
Ph.D. in Law, Deputy Head of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, associate professor, Head of Civil Law and process sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
THE ROLE OF THE TRANSLATOR DURING THE INVESTIGATION OF CRIMINAL CASES BY THE BODIES OF INQUIRY
The article illuminates the criminal procedure status of the translator, his role during the investigation of criminal cases by the bodies of inquiry. Given the criminal procedure provisions, the translator is endowed with a complex of various rights and obligations, the main of which is the implementation of a qualitative translation for people who do not own, or not sufficiently owning the language of criminal proceedings. The question is acutely about determining the qualification of a translator, which is involved as a participant in criminal proceedings, as well as in the issue of searching for a translator, especially concerns the production of inquiry, the terms of which are compressed.
Keywords: translator, inquiry body, inquiry officer, officials preliminary investigation, criminal proceedings.
Reference bibliographic list
1. Zhdanova Ya.V. The language of criminal justice in the Russian Federation: theory and practice // Innovative development of the Russian economy: materials of the X International scientific and practical conference. Plekhanov Russian University of Economics; Russian Foundation for Basic Research. – 2017. – S. 77-81.
2. Yurtaeva V.N., Shigurov A.V. Problematic aspects of attracting an interpreter in Russian criminal procedure law // Protection of human rights during periods of foreign political tension: materials of the international scientific and practical conference. Middle Volga Institute (branch) VGUYu (RPA of the Ministry of Justice of Russia). – Saransk, 2019. – S. 140-143.
CRIMINAL PROCESS
BUI Cong Phu
postgraduate student of the Law Institute of the Peoples’ Friendship University of Russia
NGUYEN Duc Trung
magister student of the People's Security Academy of the Ministry of Public Security of the Vietnam
RIGHT TO SILENCE OF LEGAL ENTITIES AS ACCUSED IN VIETNAM
The right to silence is a new right of defendants in Vietnamese criminal proceedings. More specifically, the provision of this right for a new subject of the defendant is a criminal legal entity also raises a number of legal issues that need to be clarified. The article first analyzes the defendant's right to silence; on the provision of the criminal liability of the defendant being a legal person in the criminal law and criminal procedure of Vietnam; point out some legal issues that need clarifying about the right to silence of the defendant as criminal and give some suggestions for completion.
Keywords: right to silence, individuals, legal entity, criminal procedure.
Reference bibliographic list
1. Quyền im lặng hay la cảnh báo Miranda. – [Electronic resource]. – Access mode: https://anhsangluat.com/quyen-im-lang-hay-la-canh-bao-miranda/ (Date of access: 04/03/2022).
2. Trịnh Thị Hằng. Đảm bảo quyền im lặng trong tố tụng hình sự Việt Nam. 2017. – [Electronic resource]. – Access Mode: http://khoaluat.vinhuni.edu.vn/nghien-cuu-khoa-hoc/seo/bai-viet-dam-bao-quyen-im-lang-trong-to-tung-hinh-su- viet-nam-81006 (date of access: 04/06/2022).
3. Bạch Ngọc Du. Truy cứu trách nhiệm hình sự đối với pháp nhân phạm tội. – [Electronic resource]. – Access mode: https://tapchitoaan.vn/bai-viet/phap-luat/truy-cuu-trach-nhiem-hinh-su-doi-voi-phap-nhan-thuong-mai-pham-toi (date of access : 04/06/2022).
4. Bui Kong Fu. The procedural status of the accused in the criminal process of the legislation of the Socialist Republic of Vietnam: Historical and legal analysis / Eurasian legal journal. 2020. No. 6 (145). pp. 330-333. – [Electronic resource]. – Access mode: https://eurasialaw.ru/en/2020/6-145-2020 (date of access: 04/06/2022).
CRIMINAL PROCESS
MUTULOVA Altyna Sanalovna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
KANDUEVA Baina Darmayevna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
SANJIEVA Viktoriya Nikolaevna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
CHETYROVA Gilyana Nikolaevna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
SOME ISSUES OF THE EXPERT'S ACTIVITY IN CRIMINAL PROCEEDINGS
Thearticle discusses some aspects of the expert's activity. Despite the fact that the expert does not belong to persons who have an independent procedural interest, currently the investigation of most criminal cases is not complete without his participation. In this regard, the place of the expert in modern criminal proceedings is investigation. The requirements that are imposed on the expert are analyzed. The assessment of the discussion on the need to introduce the requirement for the examination by state expert institutions is given. The question of the mechanism for determining the need for an expert examination in a specific criminal case is also investigated.
Keywords: criminal proceedings, other participants in criminal proceedings, expert, expertise in criminal cases.
Reference bibliographic list
1. Komissarova Ya.V. Conceptual foundations of the professional activity of an expert in criminal proceedings: Dis. … doc. legal Sciences. Volume 1. – M., 2013.
2. Kontorova D.G., Rubeko G.L., Kolisnichenko E.A. Separate problems of consideration by arbitration courts of cases on the recognition of illegal decisions and actions (inaction) of bailiffs // Materials of the III Republican scientific and practical conference “The current state and prospects of rule-making and law enforcement activities of the Republic of Kalmykia. – Elista: Publishing House of KalmGU, 2010.
3. Kurepina N.L., Rubeko G.L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – No. 4. 4. Litvintseva N.Yu. Personal rights in criminal proceedings: a study guide. – Irkutsk: Publishing House of BGU, 2016.
5. Lukoshkina S.V., Bufetova M.Sh. Conclusion and testimony of an expert in Russian criminal proceedings // Siberian criminal procedure and forensic readings. – 2019. – No. 2.
6. Rossinskaya E.R. Forensic examination in civil, arbitration, administrative and criminal proceedings: Monograph. – M.: Norma, Infra-M, 2014.
7. Rubeko G.L. Fighting Corruption in Russia: Historical Aspects // Actual Security Issues of the Russian Federation: Proceedings of the Regional Scientific and Practical Conference. Regional branch of the All-Russian public organization "Association of Lawyers of Russia" in the Republic of Kalmykia, Department of the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
8. Rubeko G.L. Anti-corruption. – Elista: Publishing House of KalmGU, 2017.
9. Rubeko G.L. Authorized capital of economic companies: some problems of legal regulation // Lawyer. – 2016. – No. 10.
CRIMINAL PROCESS
BUI Sy Nam
postgraduate student of Criminal law sub-faculty of the Peoples’ Friendship University of Russia
ADAPTING INTERNATIONAL CONVENTIONS ON ESTABLISHMENT OF LEGAL ENTITIES’ CRIMINAL LIABILITY TO VIETNAM’S CRIMINAL CODE
This article reviewed specific provisions of international conventions related to the fight against crime including contents concerning legal entities’ criminal liability such as the United Nations Convention against Transnational Organized Crime 2000; United Nations Convention against Corruption 2003, with effect from September 18, 2009; OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1997 and Convention for the Suppression of the Financing of Terrorism 1999. As a party to these international conventions, Vietnam has concretized them in Vietnam’s Criminal Code.
Keywords: international convention, legal entity, corporate legal entity, criminal liability, punishment, criminal offense, subject bearing criminal liability.
Reference bibliographic list
1. Tonstuk V. L. International Law, Walters Kluber N. V. – Moscow, 2010.
2. Kế hoạch Chính phủ lấy ý kiến nhân dân về dự thảo BLHS sửa đổi năm 2015./ Government Public Opinion Survey Plan for Amendments and Changes to the 2015 Penal Code of the Socialist Republic of Vietnam.
3. Trách nhiệm pháp lý và Trách nhiệm hình sự của pháp nhân trong luật quốc tế, PGS. TS Nguyễn Thị Thuận, Trách nhiệm hình sự của PNTM – nhận thức cần thống nhất, Nxb tư pháp, 2020, tr.105 / Legal and criminal liability of legal entities in international law, Ph.D. Nguyen Thi Thuan, criminal liability of legal commercial entities – a set of concepts. – Ed. "Justice", 2020. – S. 105.
CRIMINAL PROCESS
KERIMOVA Adelya Rafikovna
postgraduate student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMATIC ASPECTS OF THE APPLICATION OF THE PROHIBITION OF CERTAIN ACTIONS
The article discusses some of the problems that arise when applying a preventive measure in the form of a ban on certain actions. The authors draw attention to the shortcomings of the current system of preventive measures. Federal Law of April 18, 2018 No. 72-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation regarding the election and application of preventive measures in the form of a ban on certain Actions, bail and house arrest”, Article 98 of the Code of Criminal Procedure of the Russian Federation was amended, namely, an addition to paragraph 4.1 on prohibitions of certain actions, and a new article was added – article 105.1, also devoted to the prohibition of certain actions.
Keywords: house arrest, jurisdiction, preventive measure, extension procedure, prohibition of certain actions, proportionality.
Reference bibliographic list
1. Andreeva O.I., Zaitsev O.A., Epikhin A.Yu. The prohibition of certain actions as a new measure to ensure the security of the individual in the criminal process // Bulletin of the Tomsk State University. – 2018. – No. 436. – S. 226-230.
2. Apostolova N.N. The prohibition of certain actions in the system of preventive measures // Russian justice. – 2019. – No. 3. – S. 23-25. 3. Bondarenko I.P. Features of the application of combined preventive measures in the context of the introduction of the prohibition of certain actions into the criminal process // Russian investigator. – 2021. – No. 1. – S. 26-30.
4. Kudryavtseva A.V. The creation of appellate and cassation courts will increase the authority of the judiciary // Criminal process. – 2019. – No. 2. – S. 50.
5. Stelmakh V.Yu. Preventive measure "prohibition of certain actions" // Russian investigator. – 2020. – No. 2. – S. 21.
6. Utkina S.S. Prohibition of certain actions. Review of regional judicial practice // Criminal process. – 2021. – No. 11. – S. 45.
7. Tsvetkova E.V., Simagina N.A. On the issue of introducing a new measure of restraint in the form of a ban on certain actions // Modern law. – 2019. – No. 7–8. – S. 133-137.
8. Chelishcheva V. I forbid you to call and write! // New Newspaper. – 2018. – No. 1. – S. 18-19.
CRIMINAL PROCESS
ROMANOVA Nelli Lvovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East-Siberian branch of the Russian State University of Justice, Irkutsk
TATARNIKOV Vladimir Germanovich
Ph.D. in Law, associate professor of Organization of judicial and law enforcement activities sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
TOLSTIKHINA Aleksandr Nikolaevich
associate professor of Physical training sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, colonel of police
VERSHININA Margarita Konstantinovna
student of the 3rd course of the Faculty of Training Specialists for the Judicial System, Faculty of Law of the East Siberian branch of the Russian State University of Justice, Irkutsk
MODERN PROBLEMS OF INTERACTION BETWEEN EMPLOYEES OF INVESTIGATIVE AND OPERATIONAL UNITS IN THE PRODUCTION OF INVESTIGATIVE ACTIONS
The article discusses the problems associated with the interaction of employees of investigative and operational units in the production of investigative actions. It is noted that investigative actions have a number of features and difficulties that prove the need to assist investigators in their production, because the correctness of the disclosure and investigation of crimes depends on the quality of production. Therefore, it is necessary to apply a number of measures aimed at increasing the level of assistance and mutual assistance by employees of investigative and operational units through detailed regulation of all conditions for such interaction, as well as a clear distribution of responsibilities between them.
Keywords: investigative actions, criminal case, investigator, operative unit employee, operational investigative activity.
Reference bibliographic list
1. Ponomarenko E.V. Production of investigative actions as a way to implement the procedural function of the investigator // Society and Law. – Voronezh, 2016. – No. 1 (55). – S. 186-189.
2. Smolkova I.V., Kalandarishvili Kh.A. The presumption of innocence is a constitutional principle of Russian criminal justice // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 2 (24). – S. 88-92.
3. Romanova N.L., Dneprovskaya M.A., Kalandarishvili Kh.A. Legal nature of a judicial fine: a comparative legal aspect // Siberian Legal Bulletin. – 2019. – No. 3 (86). – S. 92-97.
4. Kolosovich M.S. Modern issues of procedural regulation of covert proceedings and the interaction of the investigator with employees of operational units // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – Kazan, 2016. – No. 1 (23). – S. 48-53.
5. Barabanov N.P., Mikhailin V.V. Comparative analysis of certain norms of the Federal Law "On Investigative Activities" and criminal procedural legislation // Man: Crime and Punishment. – Ryazan, 2016. – No. 2 (93). – S. 11-15.
6. Artyukhov A.V., Austrianskov A.V., Gornykh S.A. Problems of interaction between employees of operational and investigative units // Society: politics, economics, law. – Volgograd, 2019. – No. 1 (66). – S. 56-61.
CRIMINAL PROCESS
SIROTININ Dmitry Alekseevich
senior lecturer of Criminalistics sub-faculty of the Rostov branch of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
SOME PROCEDURAL ASPECTS OF THE PARTICIPATION OF A FORENSIC INVESTIGATOR IN INVESTIGATIVE ACTIONS CONDUCTED USING VIDEO CONFERENCING
The article discusses the procedural aspects of the status of a forensic investigator in the context of the possibility of his investigative actions carried out using video conferencing. The relevance of the participation of forensic investigators in investigative actions is characterized by the need to use high-tech forensic tools, as well as technical and forensic means of audiovisual fixation is noted.
Keywords: video conference call, forensic investigator, remote investigative action, order to interrogate a person, interrogation by video link.
Reference bibliographic list
1. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ. [Electronic resource] // SPS "ConsultantPlus".
2. Order of the Chairman of the Investigative Committee of the Russian Federation" dated 08.08.2013 No. 53 "On the organization of the work of forensic investigators in the Investigative Committee of the Russian Federation." [Electronic resource] // SPS "ConsultantPlus".
3. Ryzhakov A.P. Permissible limits for the use of videoconferencing systems at the stage of preliminary investigation. Commentary on the Federal Law of December 30, 2021 No. 501-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation”. [Electronic resource] // SPS "ConsultantPlus".
CRIMINAL PROCESS
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Gatchina, Leningrad region
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Gatchina, Leningrad region
THE PLACE OF THE PRE-TRIAL COOPERATION AGREEMENT IN THE SYSTEM OF FOREIGN COUNTRIES
The article discusses aspects reflecting the place of the pre-trial cooperation agreement in the system of foreign countries, its practical significance as a tool used to achieve publicly significant goals in criminal proceedings.
Keywords: preliminary investigation, pre-trial cooperation agreement, prosecutor, criminal proceedings, criminal case, investigator, person with whom a pre-trial cooperation agreement was concluded, powers.
Reference bibliographic list
1. Lodyzhenskaya I.I., Panfilov G.P. Pre-trial agreement on cooperation: problems of law enforcement and ways to overcome them // Leningrad legal journal. 2016. No. 1. P.163.
2. Valshina I.R. Some problematic aspects of the pre-trial agreement on cooperation and ways to solve them // Eurasian Advocacy. 2014. No. 5. S. 29-30.
3. Dudina N.A. The order of production at the conclusion of a pre-trial agreement on cooperation as a procedural form of active repentance. Abstract dis. … cand. legal Sciences. Krasnoyarsk. 2015. P.10.
4. Stroganova T.Yu. The concept and signs of a pre-trial agreement on cooperation // Russian judge. 2018. No. 7. P.30.
5. Sapronova K.V. Procedural features of admitting one's guilt as a condition for concluding a pre-trial agreement on cooperation // International Journal of the Humanities and Natural Sciences. 2018. No. 2. S. 206.
6. Piyuk A.V. Pre-trial agreement on cooperation: problems and ways to solve them // Bulletin of the Tomsk State University. Right. 2016. No. 4 (22). S. 73.
CRIMINAL AND EXECUTIVE LAW
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
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor of Public law sub-faculty of the Institute of Law of the Samara State University of Economics
THE WELFARE STATE AND THE PENAL SYSTEM: INTERACTION ISSUES
The article analyzes the interaction of the welfare state and the penal system. The authors note that the mechanism of the welfare state has the features of an administrative-legal (or organizational-legal) mechanism of social protection, which is caused by the increased social status of employees of the penal enforcement system, because the provision of a certain benefit to an employee of the penal enforcement system is associated not only with the legislative consolidation of this right, but also with the onset of a certain legal fact, or rather, the actual composition, namely the onset of certain vital grounds and the commission of a managerial (administrative) decision.
Keywords: penal enforcement system, social protection, state, material benefits, social policy.
Reference bibliographic list
1. Kochetkova L.N. The Theory of the Welfare State by Lorenz von Stein // Philosophy and Society. – 2008. – No. 3. – S. 69-79.
2. Vasilevich S.G. The concept and essence of the social state // Bulletin of economic security. – 2017. – No. 3. – P. 95-100.
3. Martyshin O.V. The idea of a social state and its opponents // State and Law. – 2011. – No. 12. – P. 5-15.
4. On service in the penitentiary system of the Russian Federation and on amendments to the Law of the Russian Federation “On institutions and bodies executing criminal sentences in the form of deprivation of liberty”: Federal Law No. 116-FZ, as amended and supplemented on April 30, 2021 // Official Internet portal of legal information (www.pravo.gov.ru) 06/06/2022
5. Karpunina V.V., Meshcheryakov K.A. Legal status of a penitentiary officer // Actual problems of the activities of penitentiary system units: collection of materials of the All-Russian Scientific and Practical Conference. 2019. – Voronezh, 2019. – S. 57-58.
6. Nagornykh R.V. Guarantees of social protection of law enforcement officers in the context of the modernization of legislation on public service // The Constitution of the Russian Federation and the modern legal order. Moscow legal week. Proceedings of the XV International. scientific and practical conference: in 5 hours – M., 2019. – S. 99-103.
7. Korneichuk O.O. The need to improve the legislation on social support for employees of the penal system and the classification of their social guarantees // Bulletin of the Vladimir Law Institute. – 2016. – No. 3 (40). – S. 28.
8. Bondarenko N.A., Demyanova I.O. Social protection of the population and its legal regulation in the Russian Federation // Uchenye zametki TOGU. – 2017. – No. 1. – T. 8. – P. 431.
CRIMINAL AND EXECUTIVE LAW
MINKOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Management and organization of UIS activities sub-faculty of the Academy of the FPS of Russia
DETERMINATION OF CORRUPTION-RELATED CRIMES IN THE PENAL SYSTEM
The article is dedicated to the problem of determining corruption crimes in institutions and bodies of the penitentiary system. Corruption remains one of the global problems of our time, which has not bypassed any public authority, not a single state as a whole. The phenomenon of corruption is that it arose at the dawn of civilization, as soon as the state arose, and continues to exist to this day, destroying all spheres of society. It is quite obvious that such a specific executive body as the Federal Penitentiary Service of the Russian Federation could not stand aside. All of the above confirms the need to search for modern effective mechanisms to combat this negative phenomenon.
Keywords: corruption, corruption crime in the penitentiary system, the Federal Penitentiary Service of the Russian Federation, crime determination, penitentiary system, convict, employee of the penitentiary system, correctional institution.
Reference bibliographic list
1. Biryukova E.A. Criminological characteristics and prevention of murders committed by convicts in correctional colonies: Dis. … cand. legal Sciences. – Ryazan, 2006. – 243 p.
2. Minkova E.A. The problem of staffing the penitentiary system in the determination of penitentiary crime: // Criminal Executive Law. – 2014. – No. 1 (17). – S. 62-65.
3. Mitford J. Prison business / Per. from English. Yu.A. Nepodaev; Under total ed. I.B. Mikhailovskaya. – M., 1978. – S. 345.
CRIMINAL AND EXECUTIVE LAW
SULEYMANOV Talyat Alievich
Ph.D. in Law, 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 of the Academy of the FPS of Russia
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
ZHARKO Natalya Viktorovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
THE PRACTICE OF COMPULSORY TREATMENT DURING THE PERIOD OF SERVING A SENTENCE BY A CONVICTED PERSON
Compulsory measures of a medical nature (PMMR) are a legal means of influencing persons who have committed a socially dangerous act, suffering from a mental disorder. Judicial practice in the application of compulsory medical measures shows an increase in the number of socially dangerous acts committed by persons suffering from mental disorders. The institution of the application of compulsory medical measures needs to be further improved by the legislator and scientists in the field of criminal law due to the incompleteness of the legal regulation of issues related to the use of compulsory treatment.
Keywords: compulsory measures of a medical nature, punishment, convict, institutions and bodies of the penitentiary system, compulsory treatment.
Reference bibliographic list
1. Bavsun M. V. Compulsory measures of a medical nature: topical issues of application // Bulletin of the Kuzbass Institute. – 2020. – No. 3 (44). – S. 180.
2. Stepanova E. V. Outpatient compulsory observation and treatment – a measure of a medical nature in the execution of punishments // Gazette of the penal system. – 2016. – No. 11 (174). – S. 50-52.
3. Makushkina O. A., Polubinskaya S. V. Compulsory medical measures prescribed along with punishment: legal regulation and organization of execution // Russian Psychiatric Journal. – 2013. – No. 6. – S. 19-22.
4. Makushkina O. A., Polubinskaya S. V. Organizational and legal problems of enforcement of compulsory observation and treatment by a psychiatrist on an outpatient basis // Social and Clinical Psychiatry. – 2014. – No. 24 (3). – S. 91-94.
5. Vaselovskaya A. V. Features of compulsory measures of a medical nature, connected with the execution of punishment // Bulletin of the Kuzbass Institute. – 2019. – No. 1 (38). – S. 9-15.
6. Soshina L. A. To the question of the legislative definition of the term “coercive measures of a medical nature” // Siberian Legal Bulletin. – 2010. – No. 1. – S. 45-50.
7. Khakimov M. D. Exemption from punishment in connection with a mental disorder // Problems of Economics and Legal Practice. – 2014. – No. 5. – S. 84-88.
CRIMINAL AND EXECUTIVE LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, 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
ORGANIZATIONAL ASPECTS OF SOCIAL PROTECTION OF EMPLOYEES OF THE DEPARTMENT OF PROTECTION OF THE PENAL SYSTEM
The article analyzes the issues of social protection of employees of the Department of protection of the penal enforcement system. The authors not only analyze regulatory legal acts, but also consider problematic issues in the implementation of social guarantees for employees of the security department. Indeed, at present, the most effective means of stimulating the performance of the employees has become material support in the form of compensation for the complexity, tension and special regime of service, which in essence are social guarantees. Thus, the problems of medical support and sanatorium treatment are very significant. The article also suggests measures to address the above problematic issues.
Keywords: penal enforcement system, security department, social protection, state, housing, social program.
Reference bibliographic list
1. On service in the penitentiary system of the Russian Federation and on amendments to the Law of the Russian Federation “On institutions and bodies executing criminal sentences in the form of deprivation of liberty”: Federal Law with amendments and additions dated April 30, 2021 No. 116 -FZ // Official Internet portal of legal information (www.pravo.gov.ru) 06/06/2022
2. Providing housing for employees of the Federal Penitentiary Service text as amended on April 26, 2021 [Electronic resource] // Review of the judicial practice of the Supreme Court of the Russian Federation. – 2021. – No. 1. Access mode: http://www.consultant.ru/law/podborki/obespechenie_zhilem_sotrudnikov_fsin/ (date of access: 06/06/2022).
3. Karpov E.S. On some problems of legal regulation of monetary compensation for rent (sublease) of residential premises to employees of the penitentiary system [Electronic resource] // Penitentiary system: law, economics, management. – 2021. – No. 1. – Access mode: http://www.consultant.ru/law/podborki/obespechenie_zhilemsotrudnikov_fsin (date of access: 06.06.2022).
LEGAL PROCEEDINGS
TYABINA Yuliya Alexandrovna
Ph.D. in Law, secretary of the Academic Council University of the Federal Penitentiary Service of Russia
KOCHKINA Oksana Vladimirovna
Ph.D. in Law, senior researcher Department for the study of problems of employment of prisoners and economic problems functioning of the system – executive system center for the study of management problems and organization of execution of punishments in the penal system, Research Institute of the FPS of Russia
INFORMATION TECHNOLOGIES IN CRIMINAL PROCEEDINGS
The use of digital technologies has become one of the main trends in the development of key spheres of society. This thesis is confirmed by the situation of the pandemic, which is forced to transfer to a remote format a significant part of life of both individual citizens and entire state institutions. The intensive process of digitalization could not fail to affect such an important public activity as the criminal process, because in this case, digital technology is a fairly effective means of providing access to justice. However, the issues of their use today require close attention, since the sphere of criminal procedure is one of the main areas affecting constitutional human rights, and the task of guaranteeing them with the use of information and communication means must be a priority.
Keywords: court, criminal proceedings, justice, digital technologies, access to justice, video conferencing.
Reference bibliographic list
1. GOST R 33.505-2003: Unified Russian Insurance Documentation Fund. The procedure for creating an insurance fund for documentation that is a national scientific, cultural and historical heritage
2. Zazulin A.I. Functions of Information Technologies in Criminal Procedure // Siberian Legal Review. 2020. Volume 17. No. 1. P. 75-82.
3. Review of the Supreme Court of the Russian Federation on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) on the territory of the Russian Federation No. 2 dated 04/30/2020 // ConsultantPlus SPS (accessed 30.05 .2022).
4. Rodivilina V.A. Technical means in the criminal process // Siberian criminal procedure and forensic readings. 2016. No. 2 (10). pp. 47-54.
LEGAL PROCEEDINGS
SARDAROV Jamil Rovshan Ogly
postgraduate student of Judicial power, law enforcement and human rights activity sub-faculty of the Peoples’ Friendship University of Russia
INFLUENCE OF THE PANDEMIC ON THE FORMATION OF THE DIGITAL COURT PROCEEDINGS
The paper analyzes the impact of the pandemic on the development of digital litigation in the Russian Federation. The author analyzes the Federal Law of December 30, 2021 No. 440-FZ, as well as the process of its adoption and development, as a result of which a number of large-scale amendments in the field of e-justice were introduced into the procedural legislation. In addition, the author analyzes the existing problems and shortcomings of e-justice and proposes measures to improve it.
Keywords: digital economy, information society, e-justice, information infrastructure, legal regulation.
Reference bibliographic list
1. [Conclusion of the PD of the Office of the State Duma of the Federal Assembly of the Russian Federation “On the draft federal law No. 1144921-7 “On amendments to certain legislative acts of the Russian Federation regarding the regulation of remote participation in litigation” (first reading) // ATP ConsultantPlus
2. Conclusion of the PD of the Office of the State Duma of the Federal Assembly of the Russian Federation “On the draft federal law No. 1144921-7 “On amendments to certain legislative acts of the Russian Federation” (second reading) // ATP Consultant-Plus
3. Suddep summed up the work in 2021. [Electronic resource]. – Access mode: https://pravo.ru/news/237378/ (accessed 25.04.2022)
4. Kondyurina Yu.A. Implementation of the principles of arbitration and civil procedure in simplified proceedings // Arbitration and civil process. 2017. No. 1. S. 55-59.
5. Internet in Russia in 2022: the most important figures and statistics. [Electronic resource]. Access mode: https://www.web-canape.ru/business/internet-v-rossii-v-2022-godu-samye-vazhnye-cifry-i-statistika/ (Accessed 04/25/2022)
6. Lukonina Yu.A. Proper notice in the era of digitalization of justice in civil cases // Court administrator. 2022. No. 1. S. 32-34.
7. Marchenko A.N., Sudorgina E.V. Proper notification of participants in civil proceedings: notes from lawyer practice on the problems of the procedural institute // Advocate practice. 2020. No. 1. S. 46-48.
8. Tomilov A.Yu., Danilov D.V. Legal gaps in the procedural order of notification, notice and exchange of procedural documents in civil proceedings // Journal of Russian Law. 2021. No. 9. P. 106-118.
9. Lyaskovskiy I.K. Fiction of notice in civil proceedings // Law. 2018. No. 1. S. 71-81.
10. WhatsApp, Telegram, Viber: the main differences between the "big three" messengers [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/industry/6156fef89a7947827bf5a9b7 (accessed 04/28/2022)
11. Lukonina Yu.A. Proper notice in the era of digitalization of justice in civil cases // Court administrator. 2022. No. 1. S. 32-34.
CRIMINALISTICS
OSIPOV Danila Denisovich
lecturer of the Samara State University of Economics
FEATURES OF LEGAL REGULATION OF PRIVATE DETECTIVE ACTIVITY IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE
The article examines some of the features of private detective and security activities, analyzes the opinions of domestic researchers in the field of legal sciences and law on this issue. The article examines the provisions of the domestic regulatory framework in the field of legal regulation of private detective and security activities. The author analyzes the signs by which the above-mentioned activity should be distinguished from other types of activity.
Keywords: private detective activity, private security activity, law enforcement activity, private detective, private security guard, private detective activity, business activity.
Reference bibliographic list
1. Law of the Russian Federation of March 11, 1992 No. 2487-1 (as amended on December 27, 2019) “On private detective and security activities in the Russian Federation” // ATP K + (date of access 09/05/2021).
2. Sharonov S.A. Problems of legal regulation of security activities in the context of improving civil legislation // State and Law. 2016. No. 6. S. 37-40.
3. Demina M.F. Administrative and legal regulation of private detective and security activities and the licensing system // Information and analytical portal "Entrepreneurship and Law". [Electronic resource]. – Access mode: http://www.lexandbusiness.ru/yiew-article.php?id=2691 (date of access: 09/05/2021).
4. "Criminal Code of the Russian Federation" dated June 13, 1996 No. 63-FZ // ATP K + (accessed 09/05/2021). 5. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on February 24, 2021) // ATP K + (accessed on September 5, 2021).
CRIMINALISTICS
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF CRIMINALISTIC CHARACTERISTICS OF VANDALISM
The article deals with the elements of the criminalistic characterization of vandalism as a crime aimed at the destruction of public values and moral principles. The conducted research shows that when investigating vandalism, special attention should be paid to the identity of the offender, the methods and circumstances of the commission of criminal acts, as well as the trace picon of the commission of vandalism. Statistical data are given on committed cases of vandalism, on the damage caused by them.
Keywords: vandalism, public order, criminalistic characteristics, trace picture, method of committing vandalism.
Reference bibliographic list
1. Damage from vandalism in suburban trains since the beginning of the year amounted to more than 52 million rubles // Website of Russian Railways OJSC. [Electronic resource]. – Access mode: https://company.rzd.ru/ru/9397/page/104069?id=246823 (date of access: 05/12/2022).
2. Simferopol police officers detained four graffiti artists in a week // Website of the Ministry of Internal Affairs of the Republic of Crimea. [Electronic resource]. – Access mode: https://82.xn--b1aew.xn--p1ai/news/rubric/1268/ (date of access: 05/12/2022).
3. Rudenkin D.V., Vorobieva I.V., Kruzhkova O.V., Krivoshchekova M.S. Youth vandalism in the environment of the metropolis: the boundaries of the norm and deviation // Education and science. – 2018. – T. 20. – No. 2. – S. 125-146.
4. Bokhan A.P. Criminal-legal characteristics of vandalism and its delimitation from related elements of crimes and administrative offenses // Theory and practice of social development. – 2018. – No. 9. – S. 117-120.
5. Kupriyanova D.A., Makhova I.V. Forensic characteristics of vandalism // Law and Order in Russia: Problems of Improvement: Sat. scientific articles Vseros. conf. – M., 2017. – S. 239-244.
CRIMINALISTICS
KHANOVA Alina Albertovna
postgraduate student of the 3rd year full-time education of Criminalistics sub-faculty of the Institute of Law of the Bashkir State University
PARTICIPATION OF A SPECIALIST IN THE INVESTIGATION OF CRIMINAL CASES OF SEXUAL PROCEDURES AGAINST MINORS AND MINORS
Currently, the problem of sexual abuse of children has become more urgent due to the relatively high frequency of relevant offenses and extremely unfavorable medical and social consequences for the health of the victim. Numerous studies show that sexual assaults, having a negative impact on the entire sphere of a child’s mental activity, remain in memory for a long time, affect his self-esteem, as well as the further development and nature of future relationships with others.
Keywords: specialist; teacher; psychologist; minor; sexual crimes.
Reference bibliographic list
1. Khaliullina A.F. Features of the investigation into violent acts of a sexual nature committed against minors: diss. … cand. legal Sciences. – Ufa, 2018. – S. 40-41.
2. Telegina T.D. The use of special knowledge in the modern practice of investigating crimes: diss. … cand. legal Sciences. – M., 2008. – S. 90-91.
3. Melnikova E.B. Participation of specialists in investigative actions. – M., 1964. – S. 9.
4. Elagina E.V., Grigoryan G.S. Forensic and procedural aspects of involving a teacher and a psychologist in the production of investigative actions involving minors // Criminalist. – 2010. – No. 2 (7). – S. 69.
5. Enikeev M.I. Legal psychology. – M.: Norma, 2005. – S. 139.
6. Surmeneva S.V. Forms of the use of special psychological knowledge in the criminal process of Russia // Bulletin of the South Ural State University. – 2014. – Issue. 17. – S. 38.
7. Mikhailova Yu.A. Psychological support for the investigation of crimes involving minors in the Investigative Committee of the Russian Federation // Psychology and Law. – 2016. – No. 4. – S. 95-104.
8. Kurmaeva N.A. Problems of participation of a specialist psychologist in the interrogation of juvenile suspects and accused // Gaps in Russian legislation. – 2009. – No. 1. – S. 146.
CRIMINOLOGY
ALIMPIEV Sergey Aleksandrovich
Ph.D. in Law, associate professor of the Ural State University of Economics
FALKINA Tatyana Yurjevna
Ph.D. in Law, associate professor of the Ural State University of Economics
GENERAL SOCIAL PREVENTION OF INVOLVEMENT OF MINORS IN THE COMMISSION OF ANTISOCIAL ACTIONS: CURRENT STATE AND PROBLEMS
The article examines the modern basic legal mechanisms that can have a preventive effect on children who are prone to committing crimes, offenses and other socially dangerous actions, analyzes the main activities of some subjects of prevention to prevent the involvement of minors in the commission of illegal acts. The publication analyzes the
preventive measures that can be applied to minors to prevent their involvement in the commission of antisocial actions. The involvement of minors in the commission of antisocial actions certainly generates the elimination of positive values and criminalization in their future. Preventive measures are designed to help eliminate the causes and conditions associated with the commission of offenses and crimes.
Keywords: prevention, offense, work, family, upbringing, education, safety, culture, leisure, involvement, minor, unemployment, victimization, behavior, child, money, housing, life, measures, prevention.
Reference bibliographic list
1. Dashkov G.V., Koroleva M.V., Matskevich I.M. and etc.; resp. ed. V.E. Eminov Criminology: textbook. – Moscow: Prospect, 2019. – 368 p. – [Electronic resource]. – Access mode: http://ebs.prospekt.org/book/27620 (date of access: 05/21/2022).
2. Criminology: textbook / Ed. V.N. Kudryavtseva, V.E. Eminova. – 5th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 800 p. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1052213 (date of access: 05/01/2022).
3. Criminology: textbook / Ed. ed. A.I. Debt. – 4th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 1008 p. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1710063 (date of access: 05/11/2022).
4. Lelekov V.A., Kosheleva E.V. Juvenile criminology: a textbook for university students studying in the direction of training "Jurisprudence". – 3rd ed., revised. and additional – M.: UNITY-DANA: Law and Law, 2017. – 343 p. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1028472 (date of access: 05/21/2022).
5. Lyashok V.Yu. Youth unemployment in Russia: the scale of the problem // Economic development of Russia. – 2021. – No. 4. – Volume 28. – P. 77-80.
6. Rasulova Z.O. Actual problems of preventing the involvement of minors in committing antisocial actions // Society: politics, economics, law. – 2019. – No. 3 (68). – S. 32-35.
7. Polshkov A.V., Budanova E.A. Problems of prevention of crimes related to the involvement of non-nativespershennoletnye in committing antisocial actions // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2018. – No. 2. – P. 202-209.
8. Rogova E.V. Criminal law and criminal procedure measures applied to juvenile delinquents: a study guide. – Irkutsk: East Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2017. – P. 25.
9. Polikashina O.V. Investigation of the involvement of minors in the commission of crimes and antisocial actions: dis. … cand. legal Sciences. – M., 2004.
CRIMINOLOGY
MURSALIMOV Ainur Tagirovich
lecturer of Constitutional law sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINOLOGICAL ANALYSIS OF CRIME IN THE SPHERE OF CREDITING
This article examines the relevance of the existence of a special legal norm – fraud in the field of lending by analyzing statistical data on the state of crime and the number of convicts for 2021. The calculation of the crime rate and the convict rate for 2021 for crimes in the field of fraud (articles 159, 159.1, 159.2, 159.3, 159.5, 159.6 Criminal Code of the Russian Federation). The expediency of using special legal norms was assessed and the author’s vision of the application of criminal legislation in relation to fraudulent actions was reflected.
Keywords prevention: crime, fraud in the field of lending, criminal law, special compositions.
Reference bibliographic list
1. Zoidov K.Kh., Rakhmatova Z.I., Zoidov Z.K. Improving the mechanism of state regulation of the banking system to ensure the economic security of the national economy: // Regional problems of transformation of the economy. – 2017. – No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru (date of access: 05/06/2022).
2. Akhiyarov R.A. Controversial issues of qualifying fraud in the field of lending (Article 159.1 of the Criminal Code of the Russian Federation) // Eurasian Advocacy. – 2016. – No. 3 (22). – S. 37-40.
CRIMINOLOGY
CHERNYSHOV Viktor Valentinovich
Ph.D. in Law, associate professor, associate professor of Management and organization of the UIS sub- faculty of the Academy of the FPS of Russia
CRIME FORECASTING: GOALS, STATE AND PROBLEMS OF DEVELOPMENT
The issues of methods and models of crime forecasting are investigated. Forecasting and forecasts are the initial element of regulatory support for the development strategy of all socio-economic systems, including legislation and law enforcement practice. The paper expands the understanding of crime as one of the determining factors of the quality of life of the population. The use of forecasts in the development of management decisions for short-, medium- and long-term periods is proposed.
Keywords: forecasting, criminological prognosis, factor analysis, models, additional quantitative and qualitative factors.
Reference bibliographic list
1. Antonyan Yu.M. Comprehensive analysis of the state of crime in the Russian Federation and settlement options for its development. VBKU "All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation". – M., 2018.
2. Kudryavtsev V.N., Eminov V.V. Criminology. – Moscow, 2009.
3. Terekhin V.I., Chernyshov V.V. Modeling of regional economic crime // Finansovaya ekonomika. – 2019. – No. 4.
4. The concept of the development of the penal system until 2030.
5. Terekhin V.I., Chernyshov V.V. Efficiency and effectiveness of the penitentiary system in Russia: evaluation and planning. Academy of the Federal Penitentiary Service of Russia. – Ryazan, 2019. – 211 p.
6. Terekhin V.I., Chernyshov V.V. Modeling of regional economic crime. // Financial economy. – 2019. – No. 4.
LAW ENFORCEMENT AUTHORITIES
ALIEV Shapi Izievich
Ph.D. in Law, Ph.D. in sociological sciences, associate professor, Director of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, associate professor of Economics and the legal and educational disciplines sub-faculty of the Dagestan State University, branch in the city Izberbash
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Economics and the legal and educational disciplines sub-faculty of the Dagestan State University, branch in the city Izberbash
IDRISOVA Aida Jupalaevna
Ph.D. in historical sciences, senior lecturer of Economics and the legal and educational disciplines sub-faculty of the Dagestan State University, branch in the city Izberbash
THE MAIN DIRECTIONS OF PROSECUTORIAL AND JUDICIAL COOPERATION IN THE FIGHT AGAINST ORGANIZED CRIME (THE EXPERIENCE OF THE EUROPEAN UNION)
The European Union has decided on standards of good practice in the field of mutual legal assistance and regularly checks compliance with these standards. Currently, the European Union is moving to a system of mutual recognition of decisions and sentences in criminal cases. When this system is put into effect, cooperation will be significantly accelerated: a decision or sentence passed in any Member State can be carried out as such in any other Member State. In the field of prevention and combating organized crime, the experience of the European Union can help in identifying opportunities and prospects for countering cross-border organized crime.
Keywords: Experience, European Union, organized crime, counteraction.
Reference bibliographic list
1. Joint Action of 22 April 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union (96 /277/JHA) // Official Journal of the European Communities. 1996 Vol. 39, L 105. P. 1-2.
2. Liaison officers: the main participants in transnational policing / Under. ed. Ludo Blok, Monica den Boer. The Hague, 2013.
3. Kislukhin V.A. Police of the Benelux countries: positive experience needs to be studied // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2012. No. 18. P. 78.
4. Cornellis L. On the way to the national police. Ker-kebosh. Zeist, 2013, p. 44
5. Issues of legal assistance and cooperation of the Member States in the investigation of criminal and other offenses in the customs area have become the subject of separate EU conventions. The last one is the 1997 Convention on Mutual Assistance and Cooperation between Customs Administrations // JO. 1998. S. 24.
6. European Convention on Mutual Legal Assistance in Criminal Matters. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1902175.
LAW ENFORCEMENT AUTHORITIES
KIM Vadim Olegovich
Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
IVASHCHENKO Yuriy Vladimirovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
ACTUAL PROBLEMS OF PHYSICAL TRAINING OF EMPLOYEES OF INTERNAL AFFAIRS BODIES AND WAYS TO SOLVE THEM
According to the results of 2021, the number of convicts under Article 318 of the Criminal Code of the Russian Federation (Use of violence against a representative of the authorities) set a five-year record, increasing by 16.4 % compared to 2020. The number of convicts under this article showed an increase for the first time since 2017 — before that, according to the statistics of the judicial Department, their number decreased annually.
The system of professional training requires timely development in order to ensure State and public security. This direction is considered a priority, since the level of professional readiness of the personnel of the Department of Internal Affairs also depends on the personal safety of each employee of the Department of Internal Affairs when performing operational and official tasks. Taking into account the analysis of statistical indicators, the survey of current employees, the article examines the negative factors affecting the imperfection of physical fitness of employees of internal affairs bodies. The optimal ways to eliminate these obstacles are indicated.
Keywords: physical training, professional training, police officers, internal affairs bodies.
Reference bibliographic list
1. Network publication RBC News. [Electronic resource]. – Access mode: https://www.rbc.ru/newspaper/2022/04/22/62614a2f9a79479125d98653 (date of access: 03/05/2022).
2. Meshev I.Kh. Actual problems of physical training of employees of internal affairs bodies and ways to solve them. Obrazovanie. The science. Scientific personnel. – 2020. – No. 2. [Electronic resource]. – Access mode: https://clck.ru/iFWzc (date of access: 05/24/2022).
LAW ENFORCEMENT AUTHORITIES
MANUKYAN Aline Romanovna
Ph.D. in pedagogical sciences, associate professor of State and civil law disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
SOME ASPECTS OF TRANSPORTATION AND ACCOMPANYING A PROTECTED PERSON WITHIN THE FRAMEWORK OF STATE PROTECTION
The current Russian legislation provides for the institution of state protection for certain categories of persons, which is implemented in connection with their implementation of certain duties in the framework of criminal proceedings or other professional activities and subject to a real threat to their life, health and property. It is important to note that this institution is complex and, in addition to security measures, it provides for the use of instruments of social and legal support for protected persons. However, within the framework of this scientific article, it seems necessary to focus on the features, special theoretical knowledge, practical skills and certain aspects of ensuring security measures in relation to these persons.
Keywords: police officers, protection, security, transportation, escort, special training.
Reference bibliographic list
1. Decree of the Government of the Russian Federation of December 31, 2004 No. 900 “On approval of the list of categories of state and municipal employees subject to state protection” // Collected Legislation of the Russian Federation. – 2005. – No. 2. – Art. 158.
2. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on April 30, 2021, as amended on May 13, 2021) // Collected Legislation of the Russian Federation. – 2001. – No. 52 (part I). – Art. 4921; 2021. – No. 18. – Art. 3055.
3. Federal Law No. 45-FZ of April 20, 1995 “On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies” (as amended on April 5, 2021) // Collected Legislation of the Russian Federation. – 1995. – No. 17. – Art. 1455; 2021. – No. 15 (Part I). – Art. 2439.
4. Federal Law of August 20, 2004 No. 119-FZ “On State Protection of Victims, Witnesses and Other Participants in Criminal Proceedings” (as amended on February 7, 2017) // Collection of Legislation of the Russian Federation. – 2004. – No. 34. – Art. 3534; 2017. – No. 7. – Art. 1026.
5. Gutieva I. G. Problems of state protection of officials and participants in criminal proceedings // Eurasian legal journal. – 2021. – No. 8 (159). – S. 316.
6. Lukinskiy A. V. Institute of State Protection: Conceptual Apparatus // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 11. – S. 67.
LAW ENFORCEMENT AUTHORITIES
REDKINA Elena Nikolaevna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice
NEMTSUROVA Eliza Magometovna
magister student of the 1st course of the Crimean branch of the Russian State University of Justice
ELECTRONIC JUSTICE: CONCEPT, IDEAS AND ITS ORIGIN IN THE RUSSIAN FEDERATION
This article raises the question of the significant impact of the processes of globalization and informatization on various spheres of society both in the world and in the Russian Federation. A particularly important role was played by the introduction of innovative technologies into law, where they provide high-quality and open legal proceedings, through the creation of “electronic justice”. The main advantages of such justice are openness and accessibility of information about the activities of the courts, saving time and costs for all participants in the proceedings, improving the quality of execution of judicial acts and conducted forensic examinations, and others.
Keywords: electronic justice, information technologies, videoconferencing, audio recording, innovation process, judicial proceedings, administration of justice, electronic filing of documents, remote technologies, technical progress.
Reference bibliographic list
1. Lovtsov D.A., Niesov V.A. Actual problems of creation and development of a single information space of the judicial system of Russia // Information law. – 2013. – No. 5. – S. 13-18.
2. Toropov A.V. Application of information and communication technologies in judicial activity. – Text: direct // Young scientist. – 2020. – No. 3 (293). – S. 233-234.
3. Frolov A.O., Frolova S.V. Implementation of information technologies in the activity of courts // New legal bulletin. – 2018. – No. 3 (5). – S. 7-10.
4. Chvirov V.V., Chizhov M.V. Prospects for the introduction of information and communication technologies into judicial activity // Russian Justice. – 2015. – No. 7. – S. 32-40.
5. Chizhov M.V. Organizational prerequisites for the use of video conferencing in the judicial activities of arbitration courts and courts of general jurisdiction // Civil and arbitration process. – 2013. – No. 6. – S. 17-22.
LAW ENFORCEMENT AUTHORITIES
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
CURRENT ISSUES OF IMPROVING TRAINING OF EMPLOYEES FOR PRELIMINARY INVESTIGATION BODIES
The article considers topical issues of training employees to work in the preliminary investigation bodies, improving the effectiveness of investigators, investigators in the investigation of criminal cases, with a minimum of time spent. The issues of improving the professional skills and skills of employees, as well as the problems of improving and training personnel in order to successfully investigate crimes, are addressed.
Keywords: improvement, effective activity, professional skills, professional skill, optimization, practical knowledge, daily activities.
Reference bibliographic list
1. Dictionary of synonyms of the Russian language. Practical guide. – M.: Russian language. Z. E. Aleksandrova, 2011.
2. Baydaev M. M. Intensification of training of employees of the territorial bodies of internal affairs of the Russian Federation // World of education – education in the world. – 2014. – No. 3 (55).
3. Kikot, V. Ya. doc. legal Sciences: 12.00.14. – M., 2002.
LAW ENFORCEMENT AUTHORITIES
SHIRSHOV Boris Vitaljevich
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
ACTUAL PROBLEMS OF THE LEGAL FOUNDATIONS OF POLICE ACTIVITY AT THE PRESENT STAGE
The article deals with the topical issue of the legal foundations of the organization of the Russian police. An important issue was raised by the reform of the Ministry of Internal Affairs in 2011, which replaced earlier federal laws with a new, favorable police database, previously adopted by the Law on the Police, which outlines the main areas of police activity. Therefore, they play a special role in solving many problems related to innovation. Organizations and tactics that protect public order are interrelated and interchangeable elements of a single process that protects public order and morality. They complement each other and contribute to the most effective implementation of the tasks of law enforcement agencies in this area. Tactical success in the immediate protection of order, the specific consequences of crime prevention, control and disclosure of information determine the effectiveness of the organization. With the development of public order and morality protection systems, the improvement of the structure and management of internal institutions, the introduction of best practices in the field of order and security, as well as the relationship between science and technology, organizations and tactics influenced by the use of the latest achievements.
Keywords: police, rights, duties, status, law, law and order.
Reference bibliographic list
1. Administrative law and process: Full course – Tikhomirov Yu.A. – Moscow, 2016.
2. Police // Legal Encyclopedia.
3. Sokolov A.Yu., Anikin S.B., Ilgova E.V. Administrative law of the Russian Federation. Textbook for bachelors. – M.: NORMA, 2017.
4. Nozdrachev A.F. Civil Service: A Textbook for the Training of Civil Servants. – M.: Statute, 2014. – 592 p.
5. Batalina V.V. History of the state and law of Russia: a textbook. – M., 2011.
6. Rossinsky B.A. Administrative law and administrative responsibility. Tutorial for CON. – M.: NORMA, 2018.
7. Chashin A.V. Human rights activities. Analysis of criminal, civil and administrative cases // Business and service. – 2018.
8. Kozbanenko V.A. Legal support of the status of state civil servants: Theoretical and administrative aspects. – Moscow, 2003.
9. Gerasimenko A.N. Information support for the interaction of the Department of Internal Affairs with public associations for the protection of law and order (organizational and legal issues): author. diss. … cand. legal Sciences. – Moscow, 2008. – 236 p.
10. Demidov Yu.N. Textbook for university students. Administrative activities of the police. – M.: GRIF, 2014.
LAW ENFORCEMENT AUTHORITIES
MANUKYAN Aline Romanovna
Ph.D. in pedagogical sciences, associate professor of State and civil law disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
THE CONCEPT, TASKS AND FUNCTIONS OF THE INTERNAL AFFAIRS BODIES AS AN EXECUTIVE AUTHORITY
The internal affairs bodies occupy one of the most significant places in the life of society and the state, and also affect almost all spheres of public life in the process of implementing their tasks and functions. Despite the absence of a clearly defined legal definition of internal affairs bodies, their role is quite large, and their powers are very extensive. The structure of the internal affairs bodies is presented to us in two versions, when the internal affairs bodies act as part of the Ministry of Internal Affairs, in which case they take the place of its divisions at different levels. And the second option is when the Ministry of Internal Affairs can be considered as an internal affairs body, which is part of the structure of the Department of Internal Affairs. The article discusses the concepts, essence, powers, structure, legal status of the Department of Internal Affairs.
Keywords: internal affairs bodies, concept, tasks, powers, functions, structure, police.
Reference bibliographic list
1. Decree of the President of the Russian Federation of December 21, 2016 No. 699 (as amended on February 19, 2021) “On approval of the Regulations on the Ministry of Internal Affairs of the Russian Federation and the Model Regulations on the territorial body of the Ministry of Internal Affairs of the Russian Federation for the constituent entity of the Russian Federation”.
2. Kodzokova L.A., Kumysheva M.K. The place of internal affairs bodies in the system of executive authorities and their interaction with other bodies // Eurasian legal journal. – 2022. – No. 4 (167). – S. 314.
3. Cherkisenko S.V. Goals, tasks and functions of the internal affairs bodies of the Russian Federation: legal consolidation // Bulletin of the National Institute of Business. – 2018. – No. 31. – S. 167-170.
SAFETY AND LAW
BONDAR Anton Gennadjevich
senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, captain of police
KUMYSHEVA Marina Kadirovna
Ph.D. in Law, senior lecturer of Law enforcement sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
HISTORICAL RETROSPECTIVE AND ANALYSIS OF INTERNATIONAL PRACTICE IN COMBATING ECONOMIC AND CORRUPTION CRIMES
This article discusses a retrospective of the international practice of countering corruption and economic torts, which may determine the importance of countering these acts both several thousand years ago and at the present time.
Special mention was made of the application of law enforcement practice in the fight against economic and corruption crime, as well as general and special warning measures in a number of foreign countries.
The study made it possible to draw conclusions not only about the current state of the crime in question, but also to turn to foreign experience in this direction, which made it possible to form separate conclusions and recommendations that can be directed in order to decriminalize various areas of public relations from unlawful encroachments by corruption and economic crime.
Keywords: corruption, economic crime, foreign experience, history of corruption.
Reference bibliographic list
1. Criminal Code of the Republic of Tajikistan dated May 21, 1998 No. 574. [Electronic resource]. – Access mode: http://continent-online.com/Document/?doc_id=30397325&doc_id2=30397325#pos=8;-145&pos2=2491;-99
2. Akimova N.V. The origins of corruption and the features of the fight against it in Russia in the XIV-XVII centuries // History of State and Law. – 2008. – No. 8.
3. Karepova S.G., Sorokin O.V. Development of recommendations for combating corruption: international experience // Social and humanitarian knowledge. – 2016. – No. 6.
4. Moiseev V.V. International experience of combating corruption // Central Russian Bulletin of Social Sciences. – 2013. – No. 3.
5. Kharicheva M.S. International experience in the fight against corruption: Singapore // Bulletin of the Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia. – 2011. – No. 3 (25). – S. 121-125.
6. Turaev B.A. History of the Ancient East / Ed. V.V. Struve and I.L. Snegirev. – 3rd ed. – L .: Sotsekgiz, 1936. – T. I. – 359 p.
7. Aristotle. Politics // Works: In 4 T. T. 4. – M .: Thought, 1984. – S. 375-644.
8. Zakhvataev V. N. Code of Napoleon. – M., 2012.
9. Consolidated report on Russia on the results of work to protect federal budget funds aimed at the implementation of priority national projects for 2021: a collection of statistical information. FKU "GIAC of the Ministry of Internal Affairs of Russia". – M., 2022. – 89 p.
10. US Code. Title 18. Art. 1001 // United States of America. Constitution and legislative acts / Ed. O.A. Zhidkov; comp. IN AND. Lafitsky. – M.: Progress, Univers, 1993. – S. 156-184.
SAFETY AND LAW
KOVALENKO Eduard Vitaljevich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
KODZOV Anzor Borisovich
PhD in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
PREVENTIVE MEASURES TO COUNTER RADICALISM AND EXTREMISM IN THE YOUTH ENVIRONMENT
The article analyzes the determinants of youth radicalism and extremism. It is noted that the main determinant is globalization, and the most vulnerable social group before the ideology of extremism was the youth. The socio-psychological factors of youth extremism are singled out. It is indicated that the opposition of young people to the existing way of life creates the prerequisites for the formation of a threat to the security of society and the state. Emphasis is placed on the need for government agencies to implement preventive measures and counteract youth radicalism and extremism.
Keywords: extremism; threat; security; prevention; opposition; the youth.
Reference bibliographic list
1. Abazov A.B. Tasks of law enforcement agencies to prevent interethnic and interreligious conflicts // Law and Law. – 2018. – No. 2. – S. 49-51.
2. Abazov A.B. Radicalization of youth: on the role of local governments in organizing countermeasures // Gaps in Russian legislation. – 2021. – T. 14. – No. 2. – S. 48-51.
3. Gedugoshev R.R. Conceptual foundations that determine the extremist environment and terrorism in the context of globalization // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 104-107.
4. Zhurtov A.B., Ordokov M.Kh. Extremism: concept, socio-economic, political and historical causes of the phenomenon, trends in its development // Eurasian legal journal. – 2020. – No. 4 (143). – S. 398-399.
5. Kardanov A.R. Motivational Factors of Spreadideology of terrorism and extremism in the global media space // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 59-62.
SAFETY AND LAW
HIDIRZODA Mahfirat Umar
Ph.D. in science philosophicals, professor, Member of the Central Commission for Elections and Referendum of the Republic of Tajikistan
IDEOLOGICAL SECURITY IN THE GENERAL SYSTEM OF NATIONAL SECURITY
The article is devoted to the study of the problems of ideological security in the face of increased threats of a hybrid nature. Ideological security is assessed as an integral part of national security in modern society. Based on this, it is necessary to take comprehensive measures aimed at protecting the country’s ideological space. Strengthening the regulatory framework is one of them. At the same time, it is important to improve measures of an informational and cultural nature, since information and culture also act as means of carrying out ideological attacks.
Keywords: ideology, ideological security, ideological threat, ideological space, ideological confrontation, ideological means, extremism, terrorism.
Reference bibliographic list
1. Law of the Republic of Tajikistan “On Security” // Law of the Republic of Tajikistan dated November 27, 2014, No. 1137, dated March 15, 2016, No. 1283 dated August 03, 2018, No. 1540).
2. Ideology and security of the state. [Electronic resource]. Access mode: http://lawinrussia.ru/content/ideologiya-i-bezopasnost-gosudarstva (date of access: 03/14/22).
3. Constitution of the Republic of Tajikistan. [Text]. Dushanbe, 2016. 135 p.
4. The concept of information security of the Republic of Tajikistan // Decree of the President of the Republic of Tajikistan of November 7, 2003. No. 1175.
5. Marshak S.A. Ideological security of the nation: on the issue of the formation of a new ideology of Russian society [Text] / Society and Law. 2004. No. 4 (6). pp. 142-144.
6. Radikov A., Leksyutina Y. “Soft power” as a modern attribute of a great power [Text] // Mirovaya ekonomika i mezhdunarodnye otnosheniya. 2012. No. 2. – S. 19-26.
7. Sirota N.M. Politics and ideology [Text]. M., 2015. 216 p. 8. Strategy for countering extremism and terrorism in the Republic of Tajikistan for 2021-2025 Dushanbe, 2021. 122 p.
9. Terrorist ideology: essence and problems of counteraction. [Electronic resource]. Access mode: https://tksu.ru/about_the_university/ (date of access: 16.02.22)
10. Khidirzoda M.U. Istiliyat va strategy and muwaffa [Text]. Dushanbe, 2016. 253 p.
11. Emomaly Ramon. Ufuњoi istiќlol. Dushanbe, 2018. 400 p.
12. Yatimov S.S. Ideology va manfiats and milli [Matn]. Dushanbe, 2015. 192 p.
PEDAGOGY AND LAW
ANDREEVA Lyudmila Mikhaylovna
Ph.D. in historical sciences, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
ZINNATULLIN Vyacheslav Valerjevich
magister student, direction of training MPG07 Construction (in the field of education and science), Ufa State Petroleum Technical University
FORMATION OF STUDENTS’ COMMUNICATIVE COMPETENCE IN THE APPLICATION OF THE PROJECT METHOD OF TEACHING AT THE UNIVERSITY
The article discusses the issues of formation of communicative competence of university students when using a project approach in teaching. The data on the indicators of the formation of students’ communicative competence are given. The requirements for the application of the project method in the educational process are described.
Keywords: project-based learning method, communicative competence, teamwork.
Reference bibliographic list
1. Federal Law "On Education in the Russian Federation" [Text]. – M.: Prospekt, 2017. – 160 p.
2. Bogdanova A.V., Yarygin A.N. The structure of information and communication competence as a reflection of its activity nature and social influence // Vector of Science of Togliatti State University. Series: Pedagogy, psychology. – 2013. – No. 1 (12). – S. 300-303.
PEDAGOGY AND LAW
GROGULENKO Nadezhda Vladimirovna
associate professor of Social and political communication sub-faculty of the Ufa State Petroleum Technical 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
THE SIGNIFICANCE OF “DIGITAL COMPETENCES” OF SPECIALISTS FOR THE DEVELOPMENT OF INFORMATION TECHNOLOGIES AT OIL AND GAS ENTERPRISES
In the article, the authors focus on the need for continuous development of digital competencies of oil and gas specialists in order to increase the economic efficiency of enterprises. Researchers prove the demand for human capital in high-tech enterprises. In the coming decades, the development of information technologies will determine the need of society for continuous updating and obtaining new digital competencies of specialists. Achieving the development of end-to-end digital competencies is possible only if the system of continuous education is transformed and the intellectual capital of society is developed.
Keywords: information technologies of specialists of oil and gas enterprises, digital competencies, education system of the digital economy.
Reference bibliographic list
1. Gerasimova E.V., Kostyleva E.G. Improving career guidance at the university on the example of the Ufa State Oil Technical University // Oil and Gas Business. – 2013. – No. 11-1. – S. 29-33.
2. Kostyleva E.G., Sidorin N.O., Sletov P.A. Information and energy security as an important component of national security // Eurasian legal journal. – 2020. – No. 7 (146). – S. 425-426.
3. Sultangareev M.R., Kostyleva E.G. Evaluation of the economic efficiency of the use of digital technologies in the oil and gas industry // Actual issues of economics and management in the oil and gas business. Collection of scientific papers of the IV All-Russian Scientific and Practical Conference. – 2020. – S. 97-99.
4. Kostyleva E.G., Zaripova D.R. Conditions for the formation of a model of innovative development of the oil and gas industry in Russia on the example of the enterprise "Rosneft" // Eurasian legal journal. – 2021. – No. 4 (155). – S. 450-451.
5. Kostyleva E.G., Valeev M.R. Influence of globalization on the development of the fuel and energy complex // Eurasian legal journal. – 2021. – No. 5 (156). – S. 451-452.
6. Kostyleva E.G., Fryazinov N.Yu. Influence of economic globalization on the development of the competitiveness of petrochemical enterprises // Eurasian legal journal. – 2021. – No. 5 (156). – S. 474-475.
7. Gaisina L.M., Belonozhko M.L, Tkacheva N.A., Abdrakhmanov N.Kh, Grogulenko N.V. Principles and methods of synergy modeling of management system at oil and gas sector’s enterprises // Espacios. – 2017. – Vol. 38. – No. 33.
8. Kostyleva E.G., Safin T.I., Galin I.N. Influence of digitalization of economy on social responsibility of engineering workers of fuel and energy complex // Eurasian Law Journal. – 2020. – No. 7 (146). – S. 446-447.
9. Ustinova O.V., Rudov S.V., Kostyleva E.G., Grogulenko N.V., Kulishova N.D. The processes of globalization in the Russians’ views // Man in India. – 2016. – Vol. 96. – No. 7. – R. 2165-2177.
PEDAGOGY AND LAW
KRACHINSKAYA Olga Vladislavovna
Ph.D. in philosophical sciences, Head of Foreign languages sub-faculty of the Volgograd Academy of the MIA of Russia
DIDACTICS AS A SCIENCE: FORMATION AND DEVELOPMENT
At present, in the modern conditions of professional education, focused on Russia’s entry into the global general cultural space, the problem of finding answers to key questions of didactics is becoming more and more urgent: the goals and values of education; methods, technologies, pedagogical techniques; the content of education. In modern science, the theory of learning (didactics) is understood as a scientific discipline in which the learning process is an object that includes organically interrelated learning. Since the appearance of man, there has also been training in all its varieties. The need to pass on the accumulated knowledge and achievements to descendants gave rise to the formation of the theory of learning. The article deals with the question of didactics as a science, the question of its formation and development.
Keywords: didactics, theory of education, teaching, science, subject and object of learning.
Reference bibliographic list
1. Choshanov M.A. Didactic Engineering, or How to Teach in the Digital Age // National Education. – 2016. – No. 4/5. – S. 113-132.
2. Arkhangelsky S.I. Some problems of the theory of teaching in higher education. – M.: Knowledge, 1973. – S. 62.
3. Stepin V.S. theoretical knowledge. – M.: Progress-Tradition, 2003. – S. 162.
4. Makarenko A.S. Works: In 7 volumes – T. V. General questions of the theory of pedagogy. Education in the Soviet school. – M.: Publishing House of Acad. ped. Sciences of the RSFSR, 1958. – 558 p.
5. Zagvyazinsky V.I. Didactics of higher education: text of lectures / State. USSR committee on public education. – Chelyabinsk: ChPI, 1990. – S. 89 p.
PEDAGOGY AND LAW
HISAMUTDINOV Irek Rishatovich
magister student of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University” (branch in Sterlitamak)
HISAMUTDINOVA Yuliya Vladislavovna
magister student of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University” (branch in Sterlitamak)
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University” (branch in Sterlitamak)
COMMUNICATIVE TECHNIQUES FOR IMPLEMENTING A STRATEGY OF EVASION IN DIPLOMATIC COMMUNICATION
This article views the principles and strategies of the discourse of business communication between interlocutors interested in interacting with each other, and also evasion strategies and communicative ways to implement them. In the course of the analysis, the goals of the study, aimed at considering the principles of institutional discourse and confirming the effectiveness of the evasion strategy in the process of business negotiations, were achieved. The scientific and practical significance of the study lies in the need for the conventionalization and standardization of speech means used in the process of business contacts to achieve the goals. Materials of various researchers, scientists and public persons were used as the material for the study of the strategy of diplomatic communication. In turn, the principles, forms and methods of rational organization of institutional discourse were revealed. The strategy of the discourse of business communication is implemented in communicative tactics, which means speech techniques for a chieving the objectives in specific situations. However, in the process of business communication, there are questions, the answer to which can lead to a negative development of negotiations. To get out of the predicament, the article provides speech fragments, representing evasion techniques in the process of international diplomatic communication. For a detailed study of the evasion technique, this article provides speech fragments from interviews, press conferences, meetings and other types of public business negotiations of public persons and politicians. This analysis of evasion tactics in the process of diplomatic negotiations has proven its effectiveness and allows to have a significant effect on the course of the narrative line and adjust its development.
Keywords: diplomatic communication, communication strategy, evasion strategy, diplomatic discourse.
Reference bibliographic list
1. Borisova I.N. Discursive strategies in colloquial dialogue / Russian colloquial speech as a phenomenon of urban culture. – Yekaterinburg: Ural. State University, 1996. – S. 29.
2. Klyuev E.V. Speech communication. The success of verbal communication. – Moscow: Ripol classic, 2019. – P. 79.
3. Matveeva G.G. Systemic speech. – Saratov: Ural, 2019. – P. 67.
4. Matveeva G.G. Interuniversity collection of scientific papers: Personality, speech and legal practice. – Rostov-on-Don: DUI, 2016. – P. 95.
5. Ryabova M.E. Interuniversity collection of scientific literature: The specifics of oraloh and written communication on the Internet. Actual problems of oral and written communication: theoretical and applied aspects. – Saransk: Typography Red October, 2016. – P. 64.
6. Churikov M.P. Consent, disagreement and evasion in the aspect of verbal communication. – Pyatigorsk: Snow, 2018. – P. 81.
7. Oleshkov M.Yu. Fundamentals of functional linguistics, discursive aspect. – Nizhny Tagil: Tome, 2016. – P. 45.
8. Parshina O.N. Strategies and tactics of speech behavior of the modern political elite of Russia. – Saratov: Slovo, 2005. – P. 24.
9. Khismatullina R.R., Latypova E.R. Features of intercultural communication in business negotiations. – Sterlitamak: Prospects for linguistic knowledge: youth and science. – 2018 – P. 4.
PEDAGOGY AND LAW
KOROBOVA Aleksandra Petrovna
Ph. D. In Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
KRISKO Valeriya Nikolaevna
magister student of the Samara State University of Economics
ON THE ISSUE OF THE DISTRIBUTION OF POWERS BETWEEN THE AUTHORITIES OF THE RUSSIAN FEDERATION AND ITS SUBJECTS
The article deals with the problem of the distribution of power between the Russian Federation and its subjects, taking into account the fundamental principles of federalism. The article reveals the essence and content of federalism as one of the well–known basic territorial forms of government, which determines the need for a clear definition of the subjects of jurisdiction of the Russian Federation, on the one hand, the subjects of the Russian Federation, on the other hand, and subjects of joint jurisdiction, on the third. The advantages and disadvantages of the currently used and constitutionally fixed approach to solving this issue are analyzed from the point of view of the need to strengthen statehood and preserve the identity of the peoples of the Russian Federation living in certain regions of our country. Attention is focused on the problematic aspects of the separation of powers between the two levels of government, proposals are formulated for their resolution, taking into account the possibilities of the current federal legislation and the legislation of the subjects of the Russian Federation.
Keywords: powers, subjects of the federation, municipal power, state power, state, federalism, subjects of competence, federal structure, federation, competence.
Reference bibliographic list
1. Andrichenko L.V. Constitutional federalism: problems of differentiation of powers // Modern Russian federalism and local self-government in the context of the prospects for the development of the Russian state and law: Interuniversity collection based on the materials of the International Scientific and Practical Conference dedicated to the 100th anniversary of the founding of the TASSR and the School of a Young Scientist. Rep. ed. I.A. Umnova-Konyukhova, E.D. Kostylev. 2019. S. 40-54.
2. Zayakin V.G. Modern problems of the distribution of powers between the authorities of the Russian Federation and its subjects // Young scientist. 2020. No. 51 (341). pp. 202-204.
3. Kamilova D.V., Dzhamalutdinova D.B. Constitutional and legal nature of the delimitation of subjects of jurisdiction and powers between the levels of state power // Law and Law. 2019. No. 5. S. 43-44.
4. The Constitution of the Russian Federation: Adopted by popular vote on 12/12/1993 with changes approved during the nationwide vote on 07/01/2020) // Consultant Plus: sprav, legal system. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_28399/ (accessed 05/07/2022).
5. Morocco N.A. To the question of the structure of the principle of delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation // Socio-political sciences. 2019. No. 3. S. 52-57.
6. Nikitin A.A. Distribution of powers between the levels of public authorities in the Russian Federation in the context of the principle of federalism // International and national law in the conditions of integration of legal systems. Collection of materials of the International scientific-practical conference. Under the general editorship of N.I. Petrenko. Cheboksary, 2022, pp. 323-327.
7. On the general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: Federal Law No. 184-FZ of October 6, 1999 (as amended on December 21, 2021) // Consultant Plus: reference, legal system [Electronic resource] . – Access mode: http://www.consultant.ru/document/cons_doc_LAW_14058/ (accessed 07.05.2022).
8. Eriashvili N.D. Some problems of the federal form of the structure of the Russian state // Mirovaya ekonomika: problemy bezopasnosti. 2021. No. 2. S. 149-154.
PEDAGOGY AND LAW
LANOVOY Vadim Gennadjevich
Ph.D. in Law, Head of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
THE STATE AND ITS SOVEREIGNTY IN THE CONTEXT OF THE GLOBALIZATION PROCESS
The article gives the content of the category of “state sovereignty”through the disclosure of the concepts of “globalization process”, “domestic policy”, “foreign policy”, “global policy”, “state” and its main functions. It is argued that state sovereignty should be understood not only in its legal context, but primarily as a real possibility of managing public relations as prescribed by the norms of law and the objective vital necessity of the existence of the state itself in accordance with the goals of domestic, foreign and global policy. The author, on the basis of sociological and psychological approaches to understanding law and the state, a fairly general theory of management of social processes, concludes that in the “state-society” management system there are direct and inverse links between the subject and the object of management, that is, society always has one or another influence on the adoption of power decisions. But their quality directly depends on the level of political and legal culture of each person. In the socio-psychological context, state sovereignty is a set of personal moral and sovereign culturalties of the authorities and the individual on the principle of the dictatorship of everyone’s conscience.
Keywords: globalization, culture, power, ideology, politics, state, sovereignty, functions of the state, morality, law, social management, management system.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (with amendments approved during the all-Russian vote on July 1, 2020) // Consultant Plus: comp. ref. legal system. – [Electronic resource]. – Access mode: http // www.consultant.ru (date of access: 04/10/2022).
2. Convention on the Rights and Duties of States (Montevideo, December 26, 1933). – [Electronic resource]. – Access mode: http: online.zakon.kh (date of access: 04/01/2022).
3. Federal Law of July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" // Consultant Plus: Comp. ref. legal system. – [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01/10/2022).
4. Determination of the Constitutional Court of the Russian Federation of December 14, 2000 // Consultant Plus: comp. ref. legal system. – [Electronic resource]. – Access mode: http // www.consultant.ru (date of access: 04/10/2022).
5. Malakhov V.P. Philosophy of law. – M., 2007.
6. Khazin M., Shcheglov S. Stairway to Heaven. Short version. – M.: RIPOL classic, 2017.
7. Philosophical Dictionary / Ed. M. M. Rosenthal. – M.: Politizdat, 1972.
POLITICS AND LAW
KISELYOVA Zlata Alekseevna
magister student of the 2nd year of study of the direction “Political management and public relations” spec. political science of the Bashkir State University
MAYATSKAYA Olga Borisovna
Ph.D. in science philosophicals, associate professor of political science and public relations sub-faculty of the Bashkir State University
FEATURES AND PROSPECTS OF RELATIONS OF THE STATE AND RELIGION
The article is devoted to the study of the ideological sources that served as an incentive for the revival of right-wing radicalism in modern Ukraine, examines the relationship of right-wing political forces with the ideology of Ukrainian nationalism of the early 20th century, which became the ideological foundation of the Organization of Ukrainian Nationalists and adopted by the Ukrainian Insurgent Army. The article examines Ukrainian nationalism in retrospect, considers the works of F. Dukhinsky, the concept of Ukrainian nationalism by M. Hrushevsky, N. Mikhnovsky, the ideas of the OUN theorists Ya. Stetsko and N. Stsiborsky. It is noted that today in Ukraine the fascist ideology and symbols are officially established, the justification of fascism and the glorification of the accomplices of the Nazis are taking place; it is determined that modern right-wing radicals, like their ideological predecessors from the OUN and UPA, see the creation of a mono-ethnic Ukrainian state and the rise of the Ukrainian nation by any means and methods as their ultimate goal.
Keywords: Ukraine, nationalism, nation, separatism, Russophobia, xenophobia, terrorism, decommunization, revanchism, radicalism, Ukrainian nationalism, right-wing parties.
Reference bibliographic list
1. Gellner E. Nations and nationalism. – M.: Progress, 1991. – 320 p.
2. Gudimenko D. V. Nationalism in the modern world: typology and forms of manifestation. – S. 2713. [Electronic resource]. – Access mode: https://www.imemo.ru/files/File/ru/articles/2021/VoprNIFO-102021-Gudimenko.pdf.
3. Dontsov D. Ideology. [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/ruwiki/176527#cite_note-2.
4. Dontsov D. Cross with a sword // Unification or separation. – Toronto, 1967. – 320 p.
5. Rhys L. The Nazis: A Warning of History / Lawrence Rhys: trans. from English. Maria Kozlova. – M.: Hummingbird, Azbuka-Atticus, 2018. – 448 p.
POLITICS AND LAW
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
TOPICAL ISSUES OF MUNICIPAL YOUTH POLICY AT THE PRESENT STAGE
The article is dedicated to the analysis of topical issues of youth policy implemented at the municipal level. The author points out a number of problems in this area, identifies the causes of ineffective municipal youth policy and suggests ways to improve it.
Keywords: youth policy, youth, municipality, strategy of municipal formation, social practice.
Reference bibliographic list
1. Atamanova Yu.S. Municipal level of implementation of youth policy in the Russian Federation // Synthesis of science and society in solving global problems of our time. collection of articles of the International Scientific and Practical Conference. 2019. S. 174-177.
2. Zelinskaya M.V., Dolzhikov V.A. Problems of state and municipal management of youth policy in Russia // Economics and management in modern Russia. Materials of the IV national scientific-practical conference, text electronic edition. 2020. S. 175-179.
3. Makarova O.A., Tumurov Zh.T. Problems of implementation of municipal youth policy // Youth in the conditions of digitalization of society: international, national and regional aspects. Collection of articles of the All-Russian Scientific and Practical Conference. Under the general editorship of E.V. Matveeva, A.A. Mitin. 2020. S. 246-250.
4. Pazdnikov D.V. Youth policy and problems of its implementation at the municipal level // Innovative discourse of the development of modern science. Collection of articles of the X International Scientific and Practical Conference. Petrozavodsk, 2022, pp. 147-154.
5. Sereda A.S., Burdeliy P.P., Kharchenko S.N. Mechanisms and ways of implementing youth policy at the municipal level // Scientific electronic journal Meridian. 2020. No. 5 (39). pp. 18-20.
6. Snigireva A.A. Problems of implementation of youth policy at the municipal level // Forum of Young Scientists. 2021. No. 6 (58). pp. 682-685.
7. Federal Law No. 131-FZ of October 6, 2003 (as amended on December 30, 2021) “On the General Principles of Organizing Local Self-Government in the Russian Federation” // SPS Consultant Plus.
POLITICS AND LAW
PRIPECHKIN Viktor Vladimirovich
Ph.D. in historical sciences, professor of Humanities and socio-economic disciplines sub-faculty of the North-West brunch, St. Petersburg of the Russian State University of Justice
THE WORK, GOODNESS AND GLORY OF PETER I IN THE TRANSFORMATION OF RUSSIA
The author examines the process of formation and development of Russia during the reign of Peter the Great. The originality of Peter I's personality is revealed. The contradictions and difficulties in the implementation of the first reforms and restructuring of legal and enlightenment paradigm of the age of Enlightenment are revealed. Peter's views on the restructuring of economic transformations in Russia are shown. The analysis of the military reform as the basis for the formation of the institute of military service is given.
Keywords: transformation, reforms, state crimes, morality, enlightenment.
Reference bibliographic list
1. Anisimov E.V. Time of Peter's reforms. – Lenizdat, 1989. – S. 489.
2. Verkhovsky P.V. Establishment of the Spiritual College Spiritual regulations. – T. I. – M., Rostov-on-Don, 2016. – P. 316. 3. Esipov G.V. Schismatic affairs of the 18th century. – T. 1. – St. Petersburg., 1861. – S. 572.
4. Zaozersky N.I. Russia during the reforms of Peter I. – M., 1973. – S. 397.
5. Likhachev D.S. Slavic culture in the era of the formation and development of the Slavic nations in the XVIII – XX centuries. – M., 1978. – S. 481.
6. Pavlenko I.N. Russia during the reforms of Peter I. – M .: Nauka, 1973. – P. 531.
7. Pogodin M.P. Peter the Great. In book. Historical-critical passages. – T. 1. – M., 1846. – S. 403.
POLITICS AND LAW
ABDINOV Ilgar Eldar ogly
competitor of the National Academy of Sciences of Azerbaijan
RUSSIAN ENGAGEMENT IN SHANGHAI COOPERATION ORGANIZATION: MOTIVES AND CURRENT SITUATION
In recent years, Russia’s orientation to the East has been an important trend in international relations. The Shanghai Cooperation Organization (SCO) is an example of how Russian foreign policy presents its evolution through the lens of changing events in Asia. In this article, the authors try to analyze Russia’s interests in the SCO, its relations with China, and how they can affect the future work of the SCO. The main contribution of this article is an analysis of Russia’s foreign policy in Eurasia with a focus on the SCO through its relationship with China, a major Asian power.
Keywords: BRI, China, EAEU, foreign policy, Russia, SCO, regional security.
Reference bibliographic list
1. Denisov I., Fenghua L., and Sun Z. (2018). Russia and China: Cooperation in a New Era. Results of the 19th National Congress of the Communist Party of China and of the Russian Presidential Election (Policy Brief No. 17). [Electronic resource]. – Access mode: https://russiancouncil.ru/papers/Russia-China-Policybrief17-En.pdf.
2. Denisov I.E., and Safranchuk I.A. (2016). Four Problems of the SCO in Connection with Its Enlargement. Russian Politics & Law, 54 (5-6): 494-515. DOI: 10.1080/10611940.2016.1296304
3. Mekhdiev E.T., Prokhorova V.V., Makar S.V., Salikhov G.G., Bondarenko A.V. Smart Cities in Future Energy System Architecture / International Journal of Energy Economics and Policy. 2018. V. 8. No. 5. S. 259-266. EDN: ANEGJA.
4. Na-Xi L., Meng-Fang H., and Shan-Bing L. (2019). How the Belt and Road Initiative Can Help Strengthen the Role of the SCO and Deepen China’s Cooperation with Russia and the Countries of Central Asia. India Quarterly: A Journal of International Affairs, 75(1): 56-68. DOI: 10.1177/0974928418821484.
5. Perskaya V., Sokolova E., Mekhdiev E., Guliev I. Drivers of deepening the BRICS countries partnership (based on a comparative analysis of national development strategies) // Espacios. 2019. V. 40. No. 42. S. 1-9.
6. Pradt T. (2020). The Prequel to China's New Silk Road. Preparing the Ground in Central Asia. Palgrave Macmillan. p. 67.
7. Putin V. (2018). Presidential Address to the Federal Assembly. Retrieved from Official Internet Resources of the President of Russia website. [Electronic resource]. – Access mode: http://en.kremlin.ru/events/president/news/56957.
8. Yun Y., and Park K. (2012). An Analysis of the Multilateral Cooperation and Competition between Russia and China in the Shanghai Cooperation Organization: Issues and Prospects: Russia and China in the SCO. Pacific Focus, 27(1): 62-85. DOI: 10.1111/j.1976-5118.2012.01076.x.
9 Scepanovic J. (2020). Institutions, cooperation, and hegemony: a comparative analysis of Russia’s cooperative hegemonic strategy in Central Asia’s key institutional frameworks, Asian Security, DOI:10.108 0/14799855.2020.1784877
10. Song W. (2014). Interests, Power and China's Difficult Game in the Shanghai Cooperation Organization (SCO). Journal of Contemporary China, 23 (85): 85-101. DOI: 10.1080/10670564.2013.809981.
11. Xi J. (2017). Full Text: Keynote Speech by H.E. Xi Jinping, President of the People's Republic of China, at the Opening Session of the World Economic Forum Annual Meeting. Davos, 17 January 2017. Retrieved from The State Council Information Office website. [Electronic resource]. – Access mode: http://www.china.org.cn/node_7247529/content_40569136.htm.
12. Medvedeva M.B., Arzhaev F.I. "Silk Road" and the Eurasian Economic Union: the complexity of pairing // Finance, money, investments. 2017. No. 4 (64). pp. 3-8.
13. Solovova Yu.V. Transformations of the world energy system in the context of the energy transition trend // Discussion. 2021. No. 4 (107). pp. 49-58. EDN: EDUZDG.
SOCIOLOGY AND LAW
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the State Agrarian University of the Northern Trans-Urals
KOROLEVSKIKH Anastasia Nikolaevna
senior lecturer of Applied mechanics sub-faculty of the Tyumen Industrial University
RURAL COMMUNITY ABOUT NATIONAL IDEAS AND GOALS OF RUSSIA
The article presents an analysis of a questionnaire survey of rural residents in the south of the Tyumen region, conducted in 2021 by scientists from the Tyumen Industrial University as part of the project “Ethno-cultural diversity of Russian society and strengthening the all- Russian identity ". The survey involved 1,000 respondents, of which 286 were rural residents, whose answers made it possible to assess their attitude to national ideas and goals formulated at the state level.
Keywords: national idea, national goals, rural residents, employment, health, well-being of Russians, digital economy.
Reference bibliographic list
1. Decree of the President of the Russian Federation of May 7, 2018 No. 204 “On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024” (with amendments and additions). [Electronic resource]. – Access mode: https://base.garant.ru/71937200/#friends (date of access: 03/10/2022)
2. Decree "On the national development goals of the Russian Federation for the period up to 2030". [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/63728 (date of access: 03/10/2022)
3. Ustinova O.V., Khairullina N.G., Kolesnik E.A. State policy of increasing the birth rate in conditions of instability. Tyumen: TIU, 2021. 4. Khairullina N.G. The role of the state in the development of human potential // In the collection: Problems of sustainable development in the sectoral and regional aspect. Materials of the international scientific-practical conference. In 2 volumes. Tyumen, 2020. S. 262-266.
5. Khairullina N.G. Russian Civil Society: Regional Aspect // Eurasian Law Journal. 2020. No. 4 (143). pp. 375-376.
6. Shestakov S.A. Dynamics of the socio-political situation in the Tyumen region // Eurasian legal journal. 2020. No. 3 (142). pp. 320-322.
SOCIOLOGY AND LAW
DAUTOVA Tanzilya Akhtyamovna
Ph.D. in sociological sciences, associate professor of State management sub-faculty of the Bashkir State University
GENDER REPRESENTATION IN PUBLIC AUTHORITIES OF THE RUSSIAN FEDERATION
The article analyzes the state of state authorities of the Russian Federation from the point of view of an adequate gender representation in them. The existing disproportions are considered in their chronological changes and dynamics. The elimination of the prevailing disproportionate gender positions is proposed on the path of a more dynamic development of civil society institutions and a system of measures to improve the political culture of the population.
Keywords: gender, lawmaking, civil service positions, gender asymmetry, corruption, civil society, critical mass.
Reference bibliographic list
1. Women and men of Russia. 2020: Stat. Sat. / Rosstat. – M., 2020. – 239 p.
2. Women and corruption: What positions must they hold to make a difference? // Journal of Economic Behavior & Organization. – Volume 151. – July 2018. – P. 219-233.
SOCIOLOGY AND LAW
PETROVSKIY Evgeniy Ivanovich
student of the Academy of Management of the MIA of Russia
LASHCHENOV Mikhail Sergeevich
Ph.D. in sociological sciences, associate professor of Theory and methodology of public administration sub-faculty of the Academy of Management of the MIA of Russia
THE CONTRIBUTION OF THE PUBLIC COUNCILS UNDER THE MAIN DIRECTORATE OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA FOR THE CITY OF MOSCOW TO THE CAUSE OF LAW AND ORDER IN THE CAPITAL
In modern conditions, the organization of effective interaction between the police and civil society institutions is becoming an integral part of the law enforcement policy of the state and the key to a successful fight against crime. Monitoring of the positive practice of organizing partnerships is a necessary and in-demand tool for improving the joint activities of law enforcement entities.
The article deals with the activities of the Public councils under the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow in the field of law and order, observance of the rights and freedoms of citizens, public control over the activities of the police, as well as implemented measures that help expand the range of subjects of preventive interaction and increase the number of active (non-specialized) participants in the law enforcement process.
Keywords: public council, public control, police, crime prevention, legality and law and order.
Reference bibliographic list
1. Zueva O.V. The study of public opinion as a way to optimize the activities of the police / / Logos et Praxis. – 2017. – T. 16. – No. 2. – S. 100-106.
2. Monitoring of public opinion on security issues / Information and analytical report on the results of a sociological study – Moscow, 2019. – P. 6. [Electronic resource]. – Access mode: https://www.mos.ru/dsmir/documents/socio/ (date of access: 06/01/2022).
3. Namrueva E.V., Idyanova O.I. Technologies of interaction of internal affairs bodies with the media // Bulletin of the Adyghe State University. Series 1: Regional studies: philosophy, history, sociology, jurisprudence, political science, cultural studies. – 2021. – No. 1 (274). – S. 78-83.
SOCIOLOGY AND LAW
RAKHMATULLINA Zilya Borisovna
Ph.D. in sociological sciences, associate professor of Social work sub-faculty of the Bashkir State University
KOVROV Vladimir Fedorovich
Ph.D. in sociological sciences, associate professor of Sociology and youth work sub-faculty of the Bashkir State University
PROBLEMS OF ADAPTATION AND INCREASING ACCESSIBILITY OF CULTURAL HERITAGE FOR PEOPLE WITH DISABILITIES
The article deals with the problems of adapting and increasing the accessibility of cultural heritage and contemporary art for all categories of the population, including people with disabilities through the use of digital technologies. The authors substantiate that the creation of virtual concert halls, online broadcasts, the development of an electronic library, the creation of virtual museums and multimedia guides break down barriers to familiarize people with disabilities with cultural heritage sites, including young people in this category.
Keywords: cultural heritage, cultural adaptation, accessibility, people with disabilities, digital technologies.
Reference bibliographic list
1. Fundamentals of the legislation of the Russian Federation on culture (approved by the Supreme Court of the Russian Federation on October 9, 1992 No. 3612-1) (as amended on April 30, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_1870/ (date of access: 04/29/2022).
2. Federal Law No. 73-FZ of June 25, 2002 (as amended on December 21, 2021) “On Cultural Heritage Objects (Monuments of History and Culture) of the Peoples of the Russian Federation”. Article 3. Objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_37318/8aa9478dba49e6a5c251a3332d51e78e4839a9d8/ (date of access: 04/28/2022).
3. Great Soviet Encyclopedia. [Electronic resource]. – Access mode: https://gufo.me/dict/culturology/Adaptation_cultural (date of access: 04/27/2022).
4. Voronova M.V. Features of the organization of leisure for people with disabilities // Multidisciplinary scientific journal Sciences of Europe, 2017. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-organizatsii-dosuga-lyudey-s-ogranichennymi-vozmozhnostyami-zdorovya (date of access: 04/29/2022).
5. Zhuravleva M., Pankov V. Culture in the "figure". Why interest in cultural heritage and academic art is growing. [Electronic resource]. – Access mode: http://rbcplus.tilda.ws/kultura-v-cifre (Accessed: 05/02/2022).
6. The path to an inclusive society. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3707304?query=culture%20 people%20%20limited (date of access: 3.05.2022).
7. Rakhmatullina Z.B. Problems of inclusive education // Modern society in conditions of socio-economic uncertainty”. XV International Scientific Conference "Sorokin Readings": Collection of materials. – Moscow: MAKS Press, 2021. – 1241 p.
8. Sociological dictionary. [Electronic resource]. – Access mode: https://gufo.me/dict/social/ADAPTATION_CULTURAL (date of access: 04/18/2022).
9. Report of the Minister of Culture of the Republic of Bashkortostan Amina Ivnievna Shafikova “On the implementation of regional projects and the priorities of the national project “Culture” 29.10.2020 [Electronic resource]. – Access mode: https://culture.bashkortostan.ru/presscenter/lectures/1344/ (date of access: 05/04/2022).
SOCIOLOGY AND LAW
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, chief researcher of the Institute of Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences, Academician of the Academy of Sciences of the Republic of Bashkortostan
FAYZULLIN Ilgiz Fanilevich
Ph.D. in sociological sciences, senior researcher of the Institute for Strategic Studies of the Academy of Sciences of the Republic of Bashkortostan
THE ROLE OF EDUCATIONAL POTENTIAL IN THE FORMATION AND DEVELOPMENT OF THE HUMAN CAPITAL OF THE REGION
The article analyzes education as the human capital of the region’s development on the basis of statistical materials and the results of sociological research, identifies the main trends and contradictions in the development of the region’s education system on the example of the Republic of Bashkortostan. Education is considered as a basic factor on the basis of which the resource potential is formed and functions, during the implementation of which there is an increase in labor productivity, the quality of the lifestyle of the population, overcoming the existing social differentiation between different social groups and ensuring sustainable socio-economic development of society. It is argued that with a high formal level of education of workers, labor productivity indicators in Russia as a whole and in the regions significantly lags behind other civilized countries of the world. Low labor productivity and low capitalization of skills and knowledge of the economically active population is associated with the specifics of the model of the Russian labor market. The decline in the quality of labor capital and the unfavorable environment in these conditions for creative workers have become the reasons for the inhibition of the socio-economic breakthrough in the life of the country. All this leads to the need for qualitative transformations in the Russian system, both the labor market and the institute of education. The necessity of developing a social program aimed at solving these problems, increasing the efficiency of using education as human capital in order to intensify the development of the region is substantiated.
Keywords: human potential, human capital, education system, improving the efficiency of human capital, region, employment, unemployment, social program.
Reference bibliographic list
1. Dyatlov S. A. Fundamentals of the theory of human capital. St. Petersburg: SPbUEF, 2004.
2. Kapelyushnikov R. I. The concept of human capital. Criticism of modern bourgeois political economy. M.: Nauka, 1977. 80 p.
3. Zhilenkova E.P., Shevaturina Ya.V. The concept of development of the concept of human capital: historical aspects of the main provisions and system analysis // Regional problems of transformation of the economy. 2018. No. 2. S. 73-79.
4. Fayzullin F. S. Social capital and the development of technology for its implementation // Problems
5. oriental studies. 2021. No. 1. S. 23-29.
6. Faizullin F.S., Shafikov M.T., Faizullin T.F., Timirova L.N. Scientific and educational potential of the region. Ufa: CJSC "Ak Idel Press", 2014. 156 p.
7. "REPUBLIC OF BASHKORTOSTAN IN FIGURES" Statistical collection. Ufa, 2021.
8. Final report of the Ministry of Education and Science on the results of the analysis of the state and prospects of development witheducation system of the Republic of Bashkortostan for 2020. Ufa, 2021.
9. Decree of the Government of the Republic of Bashkortostan dated February 21, 2013 No. 54 on the state program “Development of Education in the Republic of Bashkortostan” (as amended on November 26, 2021).
10. [Electronic resource]. – Access mode: https://bashstat.gks.ru/ storage/ mediabank/ Obschee-obrazovanie.pdf
11. [Electronic resource]. – Access mode: https://rosstat.gov.ru/labour_force?print=1
12. Comprehensive monitoring of the living conditions of the population 2020. [Electronic resource]. – Access mode: https://www.gks.ru/free_doc/new_site/GKS_KOUZH-2020/index.html
13. Information portal of employment of the population of the Ministry of Family and Labor of the Republic of Belarus. [Electronic resource]. – Access mode: https://bashzan.ru/posts/195817.
LANGUAGE AND LAW
LYSENKO Nelly Alekseevna
Ph.D. in Law, senior lecturer of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
MOLCHANOVA Svetlana Evgenjevna
Ph.D. in philological sciences, associate professor of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
CLASSICAL CONCEPTION OF LEGAL FORMALISM IN WESTERN LEGAL SCIENCE
The article is dedicated to the analysis of the classical concept of legal formalism in Western legal science. Considering various aspects of this phenomenon, the author pays special attention to the formalist method, which allows legal scholars and philosophers of law to comprehend the deep essence of political and legal phenomena and processes. Of particular interest and unconditional value is also the fact that the author devoted his article to foreign experience in the study of legal formalism, and also used English-language sources not translated into Russian.
Keywords: law, form, legal formalism, legal system, legislation, court.
Reference bibliographic list
1. Thomas Aquinas. sum of theology. – M.: AST, 2019. – 320 p.
2. Simpson A. W. B. Legal Iconoclasts and Legal Ideals. // Criminal Law Review. – 1990. – No. 58. – P. 819-835.
3. Unger R. The Critical Legal Studies Movement. // Harvard Law Review. – 1983. – No. 96. – P. 561-576.
4. Weinrib E. J. The Idea of Private Law. – Oxford: Oxford University Press, 2012. – 238 p.
LANGUAGE AND LAW
LYSENKO Nelly Alekseevna
Ph.D. in Law, senior lecturer of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
MOLCHANOVA Svetlana Evgenjevna
Ph.D. in philological sciences, associate professor of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
MODERN UNDERSTANDING OF LEGAL FORMALISM IN WESTERN LEGAL SCIENCE
The article is dedicated to topical legal issues – the modern understanding of legal formalism. Considering various aspects of this phenomenon, the author pays special attention to the formalist method, which allows legal scholars and philosophers of law to comprehend the deep essence of political and legal phenomena and processes. Of particular interest and unconditional value is also the fact that the author devoted his article to foreign experience in the study of legal formalism, and also used English-language sources that were not translated into Russian.
Keywords: law, private law, legal formalism, legal system, legislation, court.
Reference bibliographic list
1. Simpson A.W.B. Legal Iconoclasts and Legal Ideals // Criminal Law Review. – 1990. – No. 58. – P. 819-835.
2. Weinrib. E.J. The Idea of Private Law. – Oxford: Oxford University Press, 2012. – 238 p.
3. Unger R. The Critical Legal Studies Movement // Harvard Law Review. – 1983. – No. 96. – P. 561-576.
ECONOMY. RIGHT. SOCIETY
KAZARINA Viktoriya Vladimirovna
General Director of IP “Kazarina”, Moscow
RE-ENGINEERING OF BUSINESS PROCESSES IN A FURNITURE ENTERPRISE
Abstract: The paper explores the possibility of applying different approaches to reengineering of business processes in furniture enterprises. Transforming competitive conditions dictate new rules for sales and production of furniture products. First of all, the furniture market environment has undergone changes caused by restrictive measures. Most furniture companies have been forced to switch over to online sales. The quality of information provided on websites, the speed of online order processing, as well as delivery and service, began to determine the amount of revenue and business reputation of the enterprise, the decline in which may be caused by the presence of problems and bottlenecks in the current business processes.
Keywords: re-engineering, business processes, furniture enterprises, revenue.
Reference bibliographic list
1. Gracheva D.O., Telnova N.N., Kozel I.V., Vorobieva N.V., Baicherova A.R. Features of identifying qualitative and quantitative characteristics of the concept of "Business Process" // Economics and Management: Problems, Solutions. 2016. V. 2. No. 4. S. 139-146.
2. Mantsivoda A., Ponomarev D. On the semantic document modeling of business processes // Bulletin of the Irkutsk State University. Series: Mathematics. 2019. V. 29. S. 52-67.
3. Bezrukova T.L., Shanin I.I. Innovative development of enterprises based on business process reengineering // Actual directions of scientific research of the XXI century: theory and practice. 2014. Vol. 2. No. 1 (6). pp. 338-343.
4. Parakhina V.N., Boris O.A., Bezrukova T.L., Bezrukov B.A., Kirillova S.S. Assessment of the social and innovative orientation of enterprises and companies // Review of Applied Socio-Economic Research. 2014. V. 8. No. 2. S. 132-140.
5. I. I. Shanin, E. P. Khorokhordin, and E. Yu. Analysis of business processes in commercial enterprises // Actual directions of scientific research of the XXI century: theory and practice. 2020. V. 8. No. 2 (49). pp. 116-122.
ECONOMY. RIGHT. SOCIETY
KVITCHUK Margarita Aleksandrovna
Ph.D. in economical sciences, associate professor, Deputy Head of Accounting, analysis and audit sub-faculty of the St. Petersburg University of the MIA of Russia
KVITCHUK Anatoliy Sergeevich
Ph.D. in Law, professor, Head of Transport security sub-faculty of the St. Petersburg University of the MIA of Russia
ECONOMIC SECURITY AND CIRCULATION OF DIGITAL CURRENCIES
The emergence of new means of payment and exchange at the current stage of the technological order provides for the emergence of new opportunities and related threats that must be identified in order to preserve economic and social well-being. The object of the study is the elements of the financial system that provide the function of payment and exchange. The subject of the study is digital currencies as a new element of the financial system. The purpose of the study is to identify potential threats to the economic elements of the aggregate national security system from the introduction and use of new decentralized means of payment and exchange. The research methods assume a theoretical and heuristic analysis of the phenomenon, based on the opinion and argumentation of official sources. The result of the study is a scientifically grounded and reasoned position on the nature and content of digital currencies and a cumulative sign of the impact on the economic security of the entire economic complex of the country.
Keywords: financial resources, national security, cryptocurrency, economic security, governance mechanisms.
Reference bibliographic list
1. Dvoryankin O.A., Klochkova E.N. Cryptocurrency is a new instrument of the drug business // Narcocontrol. – 2018. – no. 4. – S. 19-22. – DOI:10.18572/2072-4160-2018-4-19-22.
2. Poliichuk A.S. Legalization of income in terms of the informal economy of Russia: critical analysis and countermeasures // Discussion. – 2022. – No. 2 (111). – S. 60-68. – DOI 10.46320/2077-7639-2022-2-111-60-68. – EDN EKIWKT.
3. Umarov Kh.S. Cryptocurrencies as investments: advantages and risks / Kh. S. Umarov // Discussion. – 2022. – No. 1 (110). – S. 52-60. – DOI 10.46320/2077-7639-2022-1-110-52-60. – EDN XIODYQ.
4. Martin J. Drugs on the dark net: how cryptomarkets are transforming the global trade in illicit drugs. Houndmills, Basingstoke, Hampshire; New York, NY: Palgrave Macmillan, 2014. 92 p. DOI: 10.1057/9781137399052.
ECONOMY. RIGHT. SOCIETY
KOSTYLEVA Elena Gennadjevna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
ZARIPOVA Diana Rafisovna
magister student of the direction “Field pipeline systems” of the Ufa State Petroleum Technological University
MAZITOVA Alsu Asgatovna
magister student of the direction “Field pipeline systems” of the Ufa State Petroleum Technological University
STRATEGIC PLANNING AND MANAGEMENT OF THE OIL AND GAS INDUSTRY AND THE RUSSIAN ECONOMY
The authors analyze the problems and prospects for the development of Russian pipeline transport. The article reveals the essence of strategic management development in this branch of the oil and gas industry.
Keywords: strategic planning and management, pipeline transport.
Reference bibliographic list
1. Gaysina L.M., Levashov D.A. Labor collective as an institution of social rehabilitation of people with disabilities // Intelligent Technologies and Means of Rehabilitation and Habilitation of People with Disabilities (ITSR-2018). Proceedings of the III International Conference. – 2018. – S. 325-329.
2. Kozlova Yu.B., Grogulenko N.V., Nafikova L.I. Features of the promotion campaign for the products of a research organization on the example of the State Unitary Enterprise of the Institute of Petrochemical Processing of the Republic of Bashkortostan // Eurasian Law Journal. – 2020. – No. 3 (142). – S. 384-385.
3. Kostyleva E.G., Valeev M.R. Influence of globalization on the development of the fuel and energy complex // Eurasian legal journal. – 2021. – No. 5 (156). – S. 451-452.
4. Kostyleva E.G., Zaripova D.R. Conditions for the formation of a model of innovative development of the oil and gas industry in Russia on the example of the enterprise "Rosneft" // Eurasian legal journal. – 2021. – No. 4 (155). – S. 450-451.
5. Kostyleva E.G., Fryazinov N.Yu. Influence of economic globalization on the development of the competitiveness of petrochemical enterprises // Eurasian legal journal. – 2021. – No. 5 (156). – S. 474-475.
6. Levashov D.A. The Internet as a sphere for the development of youth entrepreneurship // Modern social technologies for working with youth in Internet communications. Collection of articles of the III International Scientific and Practical Conference. In 2 parts. Managing editor R.B. Shaikhislamov. – 2019. – S. 143-147.
7. Sultangareev M.R., Kostyleva E.G. Evaluation of the economic efficiency of the use of digital technologies in the oil and gas industry // Actual issues of economics and management in the oil and gas business. Collection of scientific papers of the IV All-Russian Scientific and Practical Conference. – 2020. – S. 97-99.
8. Mekhdiev E.T., Prokhorova V.V., Makar S.V., Salikhov G.G., Bondarenko A.V. Smart Cities in future energy system architecture // International Journal of Energy Economics and Policy. – 2018. – T. 8. – No. 5. – S. 259-26.
9. Guliyev I.A., Mekhdiev E.T., Litvinyuk I.I., Bondarenko A.V., Yanguzin A.R. Global refining industry in retrospect, and evaluation of Russia-European Union petroleum products’ trade perspectives // International Journal of Energy Economics and Policy. – 2017. – V. 7. – No. 5. – S. 209-216.
ECONOMY. RIGHT. SOCIETY
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, leading researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation
KHAKIMOV Ruslan Maratovich
Ph.D. in technical sciences, associate professor of Quality management sub-faculty of the Bashkir State University
HRISTODULO Dmitry Antonievich
student of the IT Institute of the Ufa State Petroleum Technical University
FUNCTIONAL AND ECONOMIC DURABILITY OF OIL AND GAS INDUSTRY FACILITIES
The durability of is calculated as the service life of structures that are not replaced during repair – primarily foundations and walls buildings. It is possible to replace or repair, at best, only a part of the wall or foundation, or certain elements thereof, as well as various replaceable structures – roofing and facade coverings, window and doorblocks, details of exterior and interior decoration and much more. The possibility of complete or partial replacement of certain structural elements of the building is determined by their maintainability. In the oil and gas industry, where extremely intensive and difficult operating conditions, the issue of assessing durability and residual operational life is extremely relevant. The object of the study is the factor of durability and residual life of an oil and gas industry facility. The subject of the study is heuristic methods of technical and economic analysis. The purpose of this study is to detect a method for assessing the durability of an object at the design stage of work and to determine the residual resource in the conditions of operation of the object.
Keywords: economic durability, functional durability, residual resource, physical wear, repair.
Reference bibliographic list
1. GOST 27751-2014 “Reliability of building structures and foundations. Basic Provisions".
2. Kirillova E.A., Dli M.I., Kakatunova T.V., Epifanov V.A. Transformation of the triple helix model in the context of the formation of innovative ecosystems in industry // Discussion. – 2022. – No. 1 (110). – S. 16-30. – DOI 10.46320/2077-7639-2022-1-110-16-30. – EDN PFOLZD.
3. Khairullin V.A., Makar S.V., Yamalova E.N., Asadullin M.R. Social discount rate, social effect and implementation of Russia's national development goals // Discussion. – 2021. – No. 4 (107). – S. 79-91. – DOI 10.46320/2077-7639-2021-4-107-79-91. – EDN MBHDTX.
ECONOMY. RIGHT. SOCIETY
MUKHAMADIEVA Elvira Fanirovna
Ph.D. in economical sciences, associate professor of economic security sub-faculty of the Ufa State Petroleum Technological University
GALIMULLINA Snegana Radikovna
magister student of the Institute of Economic and Service of the Ufa State Petroleum Technological University
GALIMULLINA Natalya Anatoljevna
Ph.D. in economic sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
GILYZOVA Alisa Ildarovna
student of the Institute of the History and State Management of the Bashkir State University
IMPROVING THE PERSONNEL MANAGEMENT OF A PUBLIC INSTITUTION
Today, the main goal of the state personnel policy is the effective and professional work of civil servants. The formation of an effective personnel management system of an institution is the use of a set of measures that allow the organization’s labor resources to be concentrated in a certain order, allowing the economic entity to realize its goals in the most rational way. Therefore, the purpose of the publication of this study is to search for methods of personnel management in public institutions, since the effectiveness of the organization depends on the professional and personal qualities of a civil servant, his knowledge and skills, as well as mastered competencies .
Keywords: personnel management, civil servant, analysis of the personnel of a state institution, a state institution.
Reference bibliographic list
1. Oborin M.S. Formation of digital competencies of management of civil servants in a new economic format //Scientific result. Business and service technologies. 2021. V. 7. No. 2. S. 69-81.
2. Galimullina N.A., Galimullina S.R. Statistical analysis of the social protection of women // In the collection: Working woman: opportunities for professional implementation VS discriminatory practices (experience of the post-Soviet space). Collection of materials of the International scientific-practical conference. 2018. S. 277-282.
3. Ignatieva O.N., Galimullina N.A., Garipov R.R. Analysis of management methods in state executive authorities // Eurasian legal journal. 2019. No. 7 (134). pp. 356-358.
4. Patrusheva D.E., Mukhamadieva E.F. Trade secret and its protection // In the collection: Actual problems of ensuring the economic security of the state, regions, enterprises. Collection of scientific articles and materials of the All-Russian Scientific and Practical Conference. Managing editor O.V. Mamatelashvili. 2017. S. 244-246.
ECONOMY. RIGHT. SOCIETY
POTAPOV Alexey Nikolaevich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
EDUCATION OF MORAL BEHAVIOR OF CADETS OF DEPARTMENTAL UNIVERSITIES OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
This article reflects the features of education of cadets of the penitentiary system. Particular attention is paid to morality, patriotism and moral qualities of the future employee of the Federal Penitentiary Service of Russia. To minimize the undermining of the authority of the service, as well as to improve the state of the psychological situation in the team, it is necessary to carry out psychological and educational work aimed at improving professional skills and increasing stress resistance. We consider the interaction of cadets with the problems of society to be the most important component, involving them in volunteer activities, which has a positive effect on the minds of students. Recently, the number of participations has increased.
Keywords: cadets, penitentiary system, moral behavior, Federal Penitentiary Service of Russia, preventive work.
Reference bibliographic list
1. Military pedagogy: a textbook for universities. – St. Petersburg: Peter, 2008. – 640 p.
2. Kapshunova I.K. Genesis of moral and legal education of students of law schools: dis. … cand. ped. Sciences. – St. Petersburg, 2007. – 174 p.
3. Fortova L.K., Ovchinnikov O.M. Personality culture of cadets as a task of egogy // Molodoy ucheny. – 2015. – No. 8. – S. 1055-1057.
4. Fofanov A.M. Formation of the scientific worldview of university cadets: (moral aspect): textbook. allowance; Military Institute of Physics culture. – St. Petersburg, 2004. – 57 p.
ECONOMY. RIGHT. SOCIETY
SUSLOV Yuriy Evgenjevich
Ph.D. in economical sciences, professor of Management sub-faculty of the North-Western Institute of Management – branch of the RANEPA under the President of the Russian Federation
SUSLOV Evgeniy Yurjevich
Ph.D. in economical sciences, associate professor of Management sub-faculty of the North-Western Institute of Management – branch of the RANEPA under the President of the Russian Federation
STANKEEV Andrey Igorevich
magister student of the North-Western Institute of Management, branch of the RANEPA under the President of the Russian Federation
DEVELOPMENT OF THE ORGANIZATION'S COMPETENCIES IN PROJECT MANAGEMENT
The article discusses the existing approaches to the development of the necessary organizational competencies for conducting effective project activities. The standards of the International Project Management Association are analyzed, the constituent elements of organizational competence are determined. Considered the model of project management maturity assessment. Systematized the tools for evaluating project activities in the organization on various aspects. Formulated recommendations for the development of the organization’s project competencies in accordance with the considered maturity assessment model.
Keywords: project management, competence of the organization, maturity of project management.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economical sciences of the Ufa State Petroleum Technological University
BOROVKOVA Elizaveta Arkadjevna
bachelor of the Ufa State Petroleum Technological University
ANALYTICAL TOOLS FOR FINANCIAL PROJECT MANAGEMENT AT THE ENTERPRISE
The article discusses modern analytical tools for the operational financial management of projects at an industrial enterprise, which consist in the formation of management reporting and, based on it, the visualization of financial metrics/indicators using the Dashboard. The proposed tools allow you to identify the break-even level of the project, quickly control the level of operating costs in the context of fixed and variable, control the non-fulfillment of the planned level of operating profit and determine the factors that have a negative impact on the financial result of the project.
Keywords: project, financial management, Dashboard, financial areas, management reporting, profit, project margin level.
Reference bibliographic list
1. Vanchukhina L.I., Leibert T.B., Khalikova E.A. Practice-oriented analysis of the financial condition of the enterprise: textbook; USPTU. – Ufa: UGNTU Publishing House, 2017. – 195 p.
2. Vanchukhina L.I., Leibert T.B., Khalikova E.A. Business planning: from theory to practice: textbook. allowance; USPTU. – 2nd ed., corrected. and reworked. – Ufa: Publishing House of UG-NTU, 2016. – 305 p.
3. Volvin V. Analytical factory: how to set up financial analytics for business tasks: a practical guide. – Moscow: Alpina Publisher, 2021. – 548 p. – ISBN 978-5-9614-6211-1. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1841926 (date of access: 05/19/2022).
ECONOMY. RIGHT. SOCIETY
ALDATOV Konstantin Batrazovich
postgraduate student of the RANEPA under the President of the Russian Federation
GOVERNMENT SUPPORT OF INNOVATIONS IN BRAZIL AND INDIA
The article provides a description of government support of innovations in Brazil and India. Apart from that, the article analyzes experience of these countries connected with financial support based on governmental and private resources. The author examines public policies and instruments that were established in Brazil and India in order to stimulate innovations. Tax incentives and grants are among those instruments. Evaluating results and implementing solutions are those basic mechanisms that help businesses in their first stages of development.
Keywords: innovations, government support of innovations, innovation policy, Global Innovation Index, Development Bank of India, Entrepreneurial Mobilization for Innovation, National Confederation of Industry.
Reference bibliographic list
1. Hall B. & Lerner J. The Financing of R&D and Innovation. In B. Hall & N. Rosenberg (Eds.), Handbook of the Economics of Innovation (609–639). Amsterdam: Elsevier, 2010.
2. Lerner J., & Schoar A. Introduction. In J. Lerner & A. Schoar (Eds.), International Differences in Entrepreneurship (1-13). Chicago: University of Chicago Press, 2010.
3. Sheikh, Fayaz Ahmad. “Science, Technology and Innovation Policy 2013 of India and Informal Sector Innovations” // Current Science. – 2014. – Vol. 106. – No. 1. – R. 21-23.
4. Mashelkar R. A. From Imitation to Innovation // India International Center Quarterly. – 2006. – Vol. 33. – No. ¾. – R. 172-181.
5. Danish Institute for International Studies. “COVID-19: Impact and innovative responses.” Innovative responses to COVID-19: Future Pathways for ‘Techvelopment’ and Innovation // Danish Institute for International Studies. – 2020. – R. 9-28.
ECONOMY. RIGHT. SOCIETY
NIGMATULLIN Shamil Irekovich
postgraduate student of the Ufa State Petroleum Technological University
ANALYSIS OF THE DEVELOPMENT OF INNOVATION PROCESSES IN THE REGION **
In the conditions of modern trends, the driving force of socio-economic development is innovation, which determines the scenarios of innovative development of society. The article presents the evolution of approaches to the issues of innovative development, examines the main positive and negative aspects of Russian innovative development. The author analyzes the development of innovation processes in Russia through indicators of the level of innovation activity, innovation productivity and innovation costs, reflecting the level of stability, balance of phenomena and processes that affect the development of innovation processes in the country.
Keywords: innovation, regional development, innovative development, innovative activity, innovation process, indicators.
Reference bibliographic list
1. Leibert T.B., Tretyakov K.A. Management of innovative processes of development of enterprises. – Monograph. – Ufa, 2012. – P. 91.
2. Statistics of science and innovation: a brief terminological dictionary / ed. L.M. Gokhberg. – M.: TsISN, 1996. – S. 129.
3. Nigmatullin Sh.I. Analysis of innovative development of Russian regions // Audit and financial analysis. – 2020. – No. 5. – C. 144-147.
4. Rodionova L.N., Rudneva Yu.R. Innovation management: economic aspects. – Monograph. – Ufa, 2009. – S. 248.
ECONOMY. RIGHT. SOCIETY
KIZKO Ilya Petrovich
magister student of the 2nd course of the National Research University “Higher School of Economics”
CORPORATE LIFE CYCLE: THE DISTRIBUTION ON THE RUSSIAN MARKET
In this article we review the most known managerial models of Corporate life cycle theory and the financial methods of stage identification. Using the cash flow sign method, we show the distribution for Russian public companies. We show that the number of growing companies on the Russian market has dropped two times by 2020. Also, we show the switch made by companies from Growth and Maturity to Decline stage in 2014-2016. A tendency of return to Maturity has been observed since 2019. The key challenge of the Russian market is to motivate the emergence of Growth stage companies.
Keywords: corporate life cycle, life cycle.
Reference bibliographic list
1. Anthony J., Ramesh K. Association between accounting performance measures and stock prices-A test of the life cycle hypothesis. // Journal of Accounting and Economics. – 1992. – No. 15. – R. 203-227.
2. Dickinson V. Future Profitability and the Role of Firm Life Cycle. – 2006.
3. Grabowski H., Mueller D. Life-Cycle Effects on Corporate Returns on Retentions. // The Review of Economics and Statistics. – 1975. – Vol. 57. – No. 4. – R. 400-409.
4. Miller D., Friesen P.A. longitudinal Study of the Corporate Life Cycle // Management Science. – 1984. – No. 30 (10). – R. 1161-1183.
5. Adizes I. The life cycle of organizations. – 1998.
ECONOMY. RIGHT. SOCIETY
PYATAK Nikita Andreevich
postgraduate student of the RANEPA under the President of the Russian Federation
MODERN FORMS OF AIRPORT OWNERSHIP AND AIRPORT’S MANAGEMENT
Recently, the air transport industry has become the most attractive for the development of the state economy. Governments of various countries are trying to model the development of aviation activities by introducing various innovations and improving the city-forming aviation enterprises. This allows us to look at the Airport as a segment of economic profit. In the modern world, it is already difficult to imagine traveling by train or bus, more and more people are resorting to the choice of air transportation. This gives us a reason to analyze airport management models, their goals and objectives.
keywords. Airport, economy, aviation, management.
Reference bibliographic list
1. Handle with care – Europe’s airport ground handling business to be liberalized further. – [Electronic resource]. – Access mode: centreforaviation.com.
2. [Electronic resource]. – Access Mode: http://www.cityofchicago.org/content/dam/city/depts/doa/general/pdf/Public_Info/Airline_Agreements/ORD_Use_Agreement.pdf.
3. [Electronic resource]. – Access mode: ACRP report – Airport Cooperative Research Program, National Research Council (U.S.). Transportation Research Board, United States. Federal Aviation Administration – Google.
4. [Electronic resource]. – Mode of access: http://www.flyertalk.com/forum/hertz/441156-what-airport-concession-recovery.html.
5. Regulation, competition and network evolution in aviation (Gillen&Morrison). – [Electronic resource]. – Access mode: researchgate.net.
6. Airports Council International Europe. – [Electronic resource]. – Mode of access: aci-europe.org).
PHILOSOPHY. RIGHT. SOCIETY
VALEEV Ramis Sagitovich
magister student of the Faculty of Philosophy and Sociology of the Bashkir State University
MAYATSKAYA Olga Borisovna
Ph.D. in science philosophy, associate professorof the Faculty of Philosophy and Sociology of the Bashkir State University
FEATURES AND PROSPECTS OF RELATIONS OF THE STATE AND RELIGION
The article is dedicated to the study of the relationship between the state and religion in modern society; relations between the state and various religious confessions are studied, the basic concept of “freedom of conscience”, “secular state” is defined. In the article, the author shows that politics and religion in all aspects of their mutual influence and interaction are a dynamic process, since being multidimensional subsystems of society, they enter into relationships at various levels of culture, activity, mentality, institutional formations and other social manifestations; it is determined that the relationship between politics and religion is changeable both in time and in space: mankind knows examples that indicate a high degree of mutual influence of politics and religion, up to their merging, and there are also a sufficient number of examples that speak of a gap between politics and religion in public life.
Keywords: state, religion, politics, society, confession, state-confessional relations, freedom of conscience, secular state, clericalism, church.
Reference bibliographic list
1. Hegel G.-W.F. Philosophy of Religion: In 2 volumes. 2nd edition, corrected. – M.: Russian political encyclopedia, 2007. – T. 1. – 415 p.
2. Grigorenko A.Yu. State-Church Relations in Modern Russia and the Problem of Religious Freedom and Intolerance // Entering the Third Millennium: Religious Freedom in a Pluralistic Society. – M., 2000. – 314 p.
3. Buryanov S.A. Freedom of conscience in the Russian Federation. A specialized report for 2010 prepared with the assistance of the MHG and the Internet publication Portal-Credo. Ru". Part 1. [Electronic resource]. – Access mode: http://www.portal-credo.ru/site/?act=lib&id=291G.
4. Religious policy of the Russian state / Ed. M.O. Shakhov. – M., 2003. – 207 p.
5. Charter for European Security. Adopted by the OSCE on November 19, 1999. in Istanbul. [Electronic resource]. – Access mode: https://www.osce.org/files/f/documents/7/f/125811.pdf.
6. Resolution of the Parliamentary Assembly of the Council of Europe No. 1464 (2005) “Women and Religion in Europe” (adopted on 4.10.2005). [Electronic resource]. – Access mode: https://rusoir.ru/06articles/06articles-zakon/06articles-zakon-ww/06articles-zakon-ww-2/06articles-zakon-ww-2-1/06articles-zakon-ww-2-1-9/.
PHILOSOPHY. RIGHT. SOCIETY
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
GAYNULLIN Ruslan Anvarovich
Ph.D. in biological sciences, associate professor of the Bashkir State Medical University
THE PROBLEM OF EXISTENTIAL THREATS AND AXIOLOGICAL SECURITY OF MULTINATIONAL AND POLYCULTURAL RUSSIA
The article is dedicated to the study of the problems of ensuring the socio-economic, political, spiritual and cultural sovereignty of the country, the creation of prerequisites for spiritual security and integrity in a multi-ethnic and multi-cultural space. The authors consider the main existential threats affecting the axiological security of multinational and multicultural Russia and the role of traditional Russian spiritual and moral values in ensuring the ideological unity of the population and the cultural, spiritual and axiological sovereignty of ethnic groups. Keywords: spiritual and moral values, axiological security, value subjectivity of an ethnic group, existential threats, national policy, multicultural social environment.
Reference bibliographic list
1. The national composition of the population of Russia 1926-1989 [Electronic resource]. – Access mode: https:tonalli.livejournal.com/3517.html?ysclid=l2fm15s4tc.
2. Decree of the President of the Russian Federation of December 19, 2012 No. 1666 “On the Strategy of the State National Policy of the Russian Federation for the period until 2025” (As amended by Decree of the President of the Russian Federation of December 6, 2018 No. 703) // Official Internet Portal of Legal Information (pravo.gov.ru). [Electronic resource]. – Access mode: https://ips.pravo.gov.ru:8080/default.aspx?pn=0001201212190001.
3. Decree of the President of the Russian Federation of December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation”. [Electronic resource]. – Access mode: https://publication.pravo.gov.ru/Document/View/0001201512310038.
4. Draft Decree of the President of the Russian Federation "On Approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values". [Electronic resource]. – Access mode: https:// regulation.gov.ru/projects#npa=123967.
PHILOSOPHY. RIGHT. SOCIETY
VEZLOMTSEV Viktor Evgenjevich
Ph.D. in science philosophicals, associate professor of Philosophy and history sub-faculty of the Academy of the FPS of Russia
MAKAROVA Valentina Vladimirovna
Ph.D. in Law, lecturer of Philosophy and history sub-faculty of the Academy of the FPS of Russia
CORRUPTION, DEMOCRACY, ECONOMY AND ENVIRONMENTAL WELL-BEING
The paper analyzes the literature on the causes of depletion of natural resources, environmental pollution and the effectiveness of environmental policy. The study examines how corruption and the economy affect the effectiveness of environmental policy, and suggests finding a new ratio of these variables to harmonize environmental standards in the direction of improving the environment. Corruption and the economy are considered comprehensively as variables explaining the effectiveness of environmental policy. Corruption is singled out as a significant factor determining environmental policy, while democracy is seen as a factor that has little impact. The authors conclude that improving the quality of the environment as a result of increased incomes is less likely in developing countries with institutional disorder, and reducing corruption in these countries contributes to higher rates of economic growth and more effective environmental policies.
Keywords: democracy, economy, corruption, environmental policy, environment, environmental problems.
Reference bibliographic list
1. Pellegrini L. Corruption, Development and the Environment (Springer, 2011). R. 160.
2. Lambsdorff J. G. The institutional Economics of Corruption and Reform. Theory, Evidence, and Policy. Cambridge university press. 2007. R. 304.
3. Acemoglu D., & Verdier T. (2000). The choice between market failures and corruption // American Economic Review. No. 90 (1). Pp. 194-211. 4. Banerjee A.-V. (1997). A theory of misgovernance // Quarterly Journal of Economics. No. 112 (4). pp. 1289-1332.
5. Ehrlich P. R. The population bomb. New York: Ballantine Books, 1968, p. 228.
6 Hardin G. (1968). Tragedy of the commons // American Association for the Advancement of Science. No. 162 (3859). pp. 1243-1248.
7. Heilbroner R. L. An inquiry into the human prospect. New York: Norton, 1974. P. 150.
8. McCloskey H. J. (1983). Ecological ethics and politics. Totowa: Rowman and Littlefield, 1983, p. 167.
9. Payne R. A. (1995). Freedom and the environment // Journal of Democracy. No. 6 (3). pp. 41-55.
10. Aguilera-Klink F. & Sánchez-García J. (2005). Environmental degradation as a result of democratic disruption: The case of the Canary Islands // Proceedings of the 6th International Conference of the European Society for Ecological Economics. Lisbon. pp. 14-17.
11. McGuire M. C. & Olson M. (1996). The economics of autocracy and majority rule: The invisible hand and the use of force // Journal of Economic Literature. No. 34 (1). pp. 72-96.
12. Deacon R. Dictatorship, democracy, and the provision of public goods. University of California, Santa Barbara CA, USA. 2003. Pp. 1-58.
13. Torras M., & Boyce J. K. (1998). Income, inequality, and pollution: A reassessment of the environmental Kuznets Curve // Ecological Economics. No. 25(2). pp. 147-160.
14. Harbaugh W. T., Levinson A., & Wilson D. M. (2002). Reexamining the empirical evidence for an environmental Kuznets curve // Review of Economics and Statistics. No. 84(3). pp. 541-551.
15. Congleton R. D. (1992). Political-institutions and pollution-control // Review of Economics and Statistics. No. 74 (3). pp. 412-421.
16. Neumayer E. (2002). Do democracies exhibit stronger international environmental commitment? A cross-country analysis // Journal of Peace Research. No. 39 (2). pp. 139-164.
17. Fredriksson P. G., Neumayer E., Damania R., et al. (2005). Environmentalism, democracy, and pollution control // Journal of Environmental Economics and Management. No. 49 (2). pp. 343-365.
18. Dryzek J. S. Rational ecology: Environment and political economy. Oxford, OX, UK; New York, NY, USA : B. Blackwell. 1987. R. 270.
19. Callister D. J. Corrupt and illegal activities in the forestry sector: Current understandings, and implications for World Bank Forest Policy. Forest Policy Implementation Review and Strategy Development: Analytical Studies. Washington: World Bank. 1999. March 2001. P. 52.
20. Environmental Investigation Agency and Telapak. Above the law: Corruption, collusion, nepotism and the fate of Indonesia's forests. London: EIA and Telepak Indonesia. 2003. P. 38. 21. Environmental Investigation Agency and Telapak. Timber trafficking: Illegal logging in Indonesia, South East Asia and international consumption of illegally sourced timber. London: EIA Telapak. 2001. R. 34.
22 Robbins P. (2000). The rotten institution: Corruption in natural resource management // Political Geography. No. 19 (4). pp. 423-443.
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24. Lopez R., & Mitra S. (2000). Corruption, pollution, and the Kuznets Environment Curve // Journal of Environmental Economics and Management. No. 40. Pp. 137-150.
25. Damania R. (2002). Environmental controls with corrupt bureaucrats // Environment and Development Economics. No. 7. Pp. 407-427.
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27. Fredriksson P. G. & Svensson J. (2003). Political instability, corruption and policy formation: The case of environmental policy // Journal of Public Economics. No. 87 (7-8). pp. 1383-1405.
28. Wilson J. K., & Damania R. (2005). Corruption, political competition and environmental policy // Journal of Environmental Economics and Management. No. 49(3). pp. 516-535.
29 Treisman D. (2000). The causes of corruption: A cross-national study // Journal of Public Economics. No. 76 (3). pp. 399-457.
30. Ehrlich P. R. The population bomb. New York: Ballantine Books. 1968. R. 228.
31. Heilbroner R. L. An inquiry into the human prospect. New York: Norton, 1974. P. 150.
32. McCloskey, H. J. Ecological ethics and politics. Totowa: Rowman and Littlefield. 1983. R. 167.
33. Payne R. A. (1995). Freedom and the environment // Journal of Democracy. No. 6 (3). pp. 41-55.
34. Lopez R., & Mitra S. (2000). Corruption, pollution, and the Kuznets Environment Curve // Journal of Environmental Economics and Management, 40. Pp. 137-150.
35. Fredriksson P. G., &. Millimet D. L. (2001). Bureaucratic corruption and environmental policy: Theory and evidence from the United States // Journal of Public Economics 87 (2003). pp. 1407-1430.
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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
PHILOSOPHY IN ARCHITECTURE
The article is devoted to the problem of the relationship between philosophy and architecture, the role played by philosophical thinking in the development of the theory and practice of architecture. Particular attention is paid to the worldview as-pects of the architect’s work, the altruistic nature of his activity is emphasized, which requires an understanding of the needs and interests of the people for whom the projects are created. As a result of the study, it is concluded that architecture is a kind of visible manifestation of the worldview and philosophy of a certain era.
Keywords: philosophy, architecture, worldview, ontology, being, creativity, technology, aesthetics.
Reference bibliographic list
1. Architecture. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ 2. Gaidenko P. P. Being and mind // Questions of Philosophy. – 1997. – No. 7. [Electronic resource]. – Access mode: http://vphil.ru/index.php?option=com_content&task=view&id=167.
3. Hegel G.W.F. Encyclopedia of Philosophical Sciences. [Electronic resource]. – Access mode: https://philosophy.ru/upload/iblock/cbe/cbef5087e885826fe7f6f538013e2af6.pdf.
4. Rappoport A.G. Architecture and ontology. – 1985. [Electronic resource]. – Access Mode: https://papardes.blogspot.com/2011/11/1985.html.
5. Terekhova G.L. Philosophy of Architecture: Textbook. – Tambov: TSTU Publishing House, 2007. [Electronic resource]. – Access mode: http://books.totalarch.com/philosophy_architecture_terehova.
6. Tolochek V.A. Modern psychology of work. [Electronic resource]. – Access mode: http://ipkfp.nspu.ru/file.php/1/Tolochek_V.A._-_Sovremennaja_psikhologija_truda.pdf.
7. Philosophy of architecture – being in the system of space / Scientific articles. [Electronic resource]. – Access mode: http://filosofia.ru/70505 (date of access: 05/08/2022)
8. Harris K. Prehistory of the Philosophy of Architecture / Wikipedia. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (date of access: 05/08/2022)
9. Scheler M. New experience of philosophical anthropology. [Electronic resource]. – Access modepa: https://studopedia.net/9_10958_maks-sheler-noviy-opit-filosofskoy-antropologii.html.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Aleksandr Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Aleksey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
“THE VALIANT UKRAINIANS CONTINUE TO RETREAT BOLDLY, WHILE THE CRUEL AND GREEDY RUSSIANS COWARDLY ADVANCE”: THE DESTRUCTION OF NON-CLASSICAL COMMUNICATIVE REALITY AS A RESULT OF SWO
Informational postmodernity is a special communicative strategy that uses fictitious cultural objects, digitalization of anticity, surrogates, simulacra, fakes, chaos control, provocation, disunity, reactivity and emotionality of the consumer. The special military operation in Ukraine marked tectonic changes in politics, law, economics, military art, and social-communicative ontology. A special military operation in Ukraine is the abolition of the deconstruction of classical existence.
Keywords: deconstruction, CIPSO, virtualization, social construction, social engineering, memory politics, falsification, coding.
Reference bibliographic list
1. Panishchev A.L. Man and clan: from natural law to pride law // Fundamental research. – 2007. – No. 12. – S. 34.
2. Timoshchuk A.S. Putin's Russia as an emergent project // Uchenye zapiski: scientific and practical journal (VF RANEPA). – 2018. – No. 1 (25). – S. 78-81.
3. Mearsheimer J. Why the Ukraine Crisis Is the West's Fault. The Liberal Delusions That Provoked Putin // Foreign Affairs. – 2014. – N 5. – P. 1-10.
PHILOSOPHY. RIGHT. SOCIETY
MUKHTYAROVA Noriya Kharisovna
Ph.D. in science philosophicals, associate professor of Social and humanitarian disciplines sub-faculty of the Russian State Agrarian Correspondence University
SAVINA Viktoriya Vitaljevna
Ph.D. in sociological sciences, associate professor, Head of Social and humanitarian disciplines sub-faculty of the Russian State Agrarian Correspondence University
SHIPILOV Aleksandr Grigorjevich
Ph.D. in agricultural sciences, associate professor of Social and humanitarian disciplines sub-faculty of the Russian State Agrarian Correspondence University
PERSONAL RESOURCES OF CIVIC IDENTITY IN MODERN RUSSIA
The relevance of the work is that civil identity can be considered as one of the significant conditions for the formation and successful functioning of civil society. The use of its personal resources makes such functioning more or less effective, makes it possible to protect society as a system from entropic phenomena, from absorption by other states and cultures.
The purpose of the work is to identify the main personal resources of civic identity in Russia. In the course of the work, a systematic approach is used, which makes it possible to identify the content, as well as to form an idea of her various personal resources. The practical significance of the work lies in the possibility of using the results in various areas of the political reality of Russian society, as well as the identity policy of our state.
Keywords: civil identity, personality, personal resources, identity policy, civil society.
Reference bibliographic list
1. Bezgina N.V. Legal and civic identity in the structure of modern socialization // News of the Tula State University. Humanitarian sciences. – 2011. – No. 2. – S. 302-311.
2. Vodolazhskaya T. Civil identity // Educational policy. – 2010. – No. 5-6 (43-44). – S. 140–141.
3. Volosov M.E. Brief Legal Dictionary [Electronic resource] / Volosov M.E., Dodonov V.N., Panov V.P. – NITs INFRA-M, 2012. – 303 p.
4. Drobizheva L.M. Civil identity as a condition for the weakening of ethnic negativism // World of Russia. – 2017. – T. 26. – No. 1. – S. 7-31.
5. Erokhin V.S. Normative nature of civic identity // The Digital Scholar: Philosopher‘s Lab. – 2022. – No. 1. – S. 123-132.
6. Egorov I.V. Civil worldview of the individual: problem statement in the coordinates of personal maturity and prosocial activity // Pedagogy and psychology: a dialogue about education: materials of the VII Siberian Pedagogical Seminar. – Novosibirsk: Publishing house of NGPU, 2014. – S. 6-19.
7. Efimenko V.N. Structural components and content of the concept of "civil identity" // Theory and practice of social development. – 2013. – No. 11. – S. 250-254.
8. Kravchenko N.Yu. Civil identity as a condition for reducing the conflict potential of society // Izv. Sarat. university New ser. Ser. Sociology. Political science. – 2016. – T. 16. – Issue. 2. – S. 177-180.
9. Kravchenko N.Yu. Civil identity of modern Russia // Izv. Sarat. university New ser. Ser. Sociology. Political science. – 2016. – T. 16. – Issue. 1. – S. 5-8.
10. Monastyrsky D.V. Civil Identity: Theoretical Approaches to Research and Factors Forming It // Humanitarian of the South of Russia. – 2017. – Volume 23. – No. 1. – S. 181-188.
11. Fomin A.A., Simanina A.I. Social activity, civic identity and personal maturity as manifestations of the civic worldview of young people // Actual problems of psychological knowledge. – 2015. – No. 3 (36). – S. 123-135.
12. Shamionov R.M. The role of civic identity in the preferences of civil and political forms of social activity in Russian youth // Vestnik RUDN University. Series: Psychology and Pedagogy. – 2020. – Vol. 17. – No. 3. – S. 459-472.
PHILOSOPHY. RIGHT. SOCIETY
PARILOV Oleg Viktorovich
Ph.D. in science philosophicals, professor, professor of the Russian State University of Justice
SOBKO Ruslan Vasiljevich
Ph.D. in Philosophy, Associate Professor of the Nizhny Novgorod Theological Seminary
VOROKHOBOV Aleksandr Vladimirovich
magister student of the Nizhny Novgorod State Pedagogical University
SPIRIN Vasiliy Konstantinovich
magister of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
THE ROLE OF THE MASON S. E. DESNITSKY IN EDUCATION AND LIBERALIZATION OF THE RUSSIAN SOCIETY
The representative of the moderate-liberal wing of Russian Freemasonry S. E. Desnitsky played a big role in the enlightenment of Russia in the second half of the 18th century. Philosopher, jurist, conductor of the European culture of modern times, he at the same time advocated education in Russian. The scientist argued the idea of the rule of law, the rights of the individual. He has a materialistic view of world history, social progress. Being an apologist for absolute monarchy, S. E. Desnitsky, at the same time, affirmed the concept of separation of powers, advocated the mitigation of serfdom, the transparency of legal proceedings, the expansion of thelegislative powers of the senate, which meant limiting the power of the empress. The thinker's proposals for the liberalization of Russian society were ahead of their time.
Keywords: philosophy of S. E. Desnitsky, education, liberalism, rule of law, European education.
Reference bibliographic list
1. Pokrovsky S.P. Political and legal views of S. E. Desnitsky. – M.: Nauka, 1999. – 168 p.
2. Desnitsky S.E. A word about the direct and closest way to learning jurisprudence // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 188-236.
3. Parilov O.V. “Three conversations…” Vl. Solovyov and modern tolerant society // Solovyov Research. – 2010. – No. 3 (27). – S. 31-38.
4. Parilov O.V. Chiliastic motifs in the work of F. M. Dostoevsky, formed under the influence of the concept of the world theocracy of V. S. Solovyov // Soloviev Research. – 2013. – No. 2 (38). – S. 16-28.
5. Sobko R.V. The moral characterization of the concepts of "old" and "new" man in the work of St. Tikhon of Zadonsky / Sobko R.V., Yu.A. Gutorov, A.A. Peshkov [and others] // The phenomenon of holiness in the history of Russian civilization: a collection of articles based on the materials of the All-Russian scientific conference, Nizhny Novgorod, November 28-29, 2019. – Nizhny Novgorod, 2019. – S. 241-248. – EDN CMLJPN.
6. Desnitsky S.E. Legal reasoning about different concepts … // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 269-292.
7. Parilov O.V., Sobko R.V. The ideological continuity of V.S. Solovyov and Joachim Florsky // Soloviev Research. – 2011. – No. 2 (30). – S. 26-32.
8. Sobko R.V. Theology as a historiosophical scheme: reflections on the trinitarian concept of Joachim Florsky // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2011. – No. 2. – P. 110-115.
9. Desnitsky S.E. The idea of the establishment of legislative, judicial and punitive power in the Russian Empire // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 293-333.
10. Desnitsky S.E. Legal reasoning about the beginning and origin of marriage // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 258-268.
11. Sobko R.V. St. John of Kronstadt and Fr. Georgy Gapon as exponents of the religious and social ideal in Russia at the beginning of the 20th century // Proceedings of the Nizhny Novgorod Theological Seminary. – 2020. – No. 18. – P. 473-486. – EDN FRTEQU.
12. Sobko R.V. Social state: historical and theological retrospective // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – S. 308-311. – EDN WPWWUE.
13. Sobko L. Reformation of 1517 and Revolution of 1917: the problem of continuity // Proceedings of the Nizhny Novgorod Theological Seminary. – 2018. – No. 16. – P. 449-457. – EDN YQYBCP.
PHILOSOPHY. RIGHT. SOCIETY
SIRIN Sergey Anatoljevich
Ph.D. in science philosophy, associate professor of the Irkutsk State Medical University of the Ministry of Health of Russia
SOCIO-PHILOSOPHICAL REASONS FOR THE ORIGIN AND DEVELOPMENT OF LEGAL NIHILISM IN MODERN RUSSIA
The article analyzes the causes of the emergence of legal nihilism in modern Russia. The author explores the question of the relationship between the concepts of “reasons” and “sources” of legal nihilism. In addition, the article argues the author’s assertion that the causes of legal nihilism, namely some of them, can simultaneously be its negative consequences.
Taking into account the reasons for the emergence and spread of legal nihilism in Russia, the author, pointing out the objective impossibility of identifying an exhaustive specification of the causes of legal nihilism, pays attention to such issues as the economic stratification of society, the corruption of power structures, the peculiarities of Russian legislation, the morality and fairness of the law, the influence of the media on people's ideas about law, the lack of a consolidating state-legal ideology.
Keywords: legal nihilism, philosophy, Russia, nihilists, politics.
Reference bibliographic list
1. Aleksandrov A.I. The philosophy of evil and the philosophy of crime. – St. Petersburg, 2013.
2. Balakin A.V. Legal nihilism in modern Russia // Young scientist. – 2018. – No. 6 (192). – S. 122-123. – [Electronic resource]. – Access mode: https://moluch.ru/archive/192/48346/ (date of access: 02/20/2022).
3. Bastrykin A.I. Theory of Government and Rights. – St. Petersburg, 2005. 4. Varlamova N.A. Legal nihilism: the past, present and future of Russia // Open Society: Information and Analytical Bulletin. – 2002. – No. 1 (12). – P. 12.
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6. Stepin V.S. The value of law and the problems of the formation of a legal society in Russia // Philosophy of law at the beginning of the XXI century through the prism of constitutionalism and constitutional economics. Edition of the Moscow-Petersburg Philosophical Conferencebast. – M., 2010. – S. 22.
7. Theory of State and Law / Ed. M.N. Marchenko. – M., 2009 (the author of the chapter is V.D. Popkov).
8. Tumanov V.A. On Legal Nihilism // Soviet State and Law. – 1989. – No. 10. – P. 25.
9. Furgal's victory in the election of the governor of the Khabarovsk Territory was attributed to Ishaev. – [Electronic resource]. – Access mode: https://news.rambler.ru/other/40944779-pobedu-furgala-na-vyborah-gubernatora-khabarovskogo-kraya-pripisali-ishaevu/.
PHILOSOPHY. RIGHT. SOCIETY
SOLOVIEVA Angelica Vladimirovna
Candidate of Pedagogical Sciences, Associate Professor of the Department of Humanitarian and Socio-Economic Disciplines of the Rostov Branch of the Russian State University of Justice
TECHNOLOGIES OF PATRIOTIC EDUCATION OF FUTURE LAWYERS IN MODERN CONDITIONS
This article discusses the problems of patriotic education of future lawyers, taking into account the challenges of modern realities. Based on the generalization of innovative experience in the field of educational work, the most promising and effective technologies adapted to higher education and aimed at the formation of patriotic consciousness and readiness to perform civic and professional duty have been identified.
Key words: patriotic education, innovative pedagogical technologies, civic consciousness, variability of pedagogical forms and methods.
SOLOVJEVA Anzhelika Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Humanities and socio-economic disciplines sub-faculty of the Rostov branch of the Russian State University of Justice
TECHNOLOGIES OF PATRIOTIC EDUCATION OF FUTURE LAWYERS IN MODERN CONDITIONS
This article discusses the problems of patriotic education of future lawyers, taking into account the challenges of modern realities. Based on the generalization of innovative experience in the field of educational work, the most promising and effective technologies adapted to higher education and aimed at the formation of patriotic consciousness and readiness to perform civic and professional duty have been identified.
Keywords: patriotic education, innovative pedagogical technologies, civic consciousness, variability of pedagogical forms and methods.
Reference bibliographic list
1. Strategy for the development of education in the Russian Federation for the period up to 2025, approved by the Decree of the Government of the Russian Federation dated May 29, 2015 No. 996-r.
2. Strategy of the state cultural policy for the period up to 2030, approved by the Decree of the Government of the Russian Federation of February 29, 2016 No. 326-r.
3. Bocharov T., Dmitrieva A. Legal education in Russia and abroad: between university, profession, state and market. – Moscow: Norma, 2021. – 232 p. — DOI 10.12737/1816213.
4. Kapinus O.S. The Importance of Moral Values in the Training System for the Prosecutor's Office // Legal and Spiritual Education in the System of Youth Education: Collection of Articles Based on the Materials of the Scientific and Practical Conference (Moscow, January 24, 2019) / Ed. N.V. Subanova, K.A. Komogortseva; University of the Prosecutor's Office of the Russian Federation; Moscow Finance and Law University MFYuA. – M.: MFYuA, 2019. – 280 p.
5. Malko A.V., Salomatin A.Yu. Legal education in a globalizing society // News of higher educational institutions. Jurisprudence. – 2017. – No. 5. – P. 16-31.
PHILOSOPHY. RIGHT. SOCIETY
KHAMIDULIN Artem Maratovich
Ph.D.in philosophical sciences, Ph.D. in Theology, senior lecturer of Philosophy and theology of the Kozma Minin Nizhny Novgorod Pedagogical University, associate professor of Humanities and socio-economic disciplines sub-faculty of the Russian State University of Justice
PHILOSOPHICAL AND THEOLOGICAL ANALYSIS OF THE FOUNDATIONS OF RELIGIOUS ART (ON THE EXAMPLE OF THE CHRISTIAN TRADITION)
The article deals with the phenomenon of religious art, specifically confessional art, which has a cult significance. The subject of the research is Christian religious art. Classification options are proposed, according to which church art gravitates towards service or mixed arts. The specific features of religious art are noted, in which the epistemological and praxeological dimensions are distinguished. The categories of “aesthetic maximalism” and “aesthetic minimalism” are conceptualized, the theological validity of these positions is revealed. Christian art is considered through the problem of beauty as one of the criteria of truth. Criteria for the existence of artistic expressiveness in the religious tradition are singled out. The research methodology is based on the philosophical and theological analysis of culture. The novelty of the study lies in the consideration of the fundamental epistemological foundations of Christian religious art. Religious art is interpreted as expressing the idea of transcendental reality through the transformation of the surrounding reality (creative act). Traditional church criteria for the admissibility of aesthetic images (canons) are comprehended through the theory of knowledge. It is determined that the religious image of the spiritual reality forms a certain cultural and aesthetic style, which finds its material embodiment in the works of religious (ecclesiastical) art. The conclusion is made about the cognitive and practical basis of religious art, that the functional goal of religious art is to provide a person with the opportunity to experience the sacred through familiarization with the aesthetic object.
Keywords: religious art, church art, religious culture, confessional art, cult, epistemology, praxeology, philosophy, canon, apophaticism, mysticism, truth, practice.
Reference bibliographic list
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4. Pattison, George. Art, Modernity, and Faith: Towards a Theology of Art. – New York, 1991.
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9. Golovushkin D.A., Gumarova I.R. Pushing or narrowing the boundaries of “permissible”. On the problem of defining the concept of “religious art” // Man and Culture. – 2020. – No. 5. DOI: 10.25136/2409-8744.2020.5.31638. – [Electronic resource]. – access mode: https://nbpublish.com'llbrary_read_article.php?id=31638 (date of access: 05/29/2022).
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18. Rozin V.M. Philosophy, art, esotericism as communicating vessels, and also what is the reason for a certain pause in esotericism // Philosophy and Culture. – 2022. – No. 1. DOI: 10.7256/2454-0757.2022.1.37429. – [Electronic resource]. – Access Mode: https://nbpublish.com/library_read_article.php?id=37429.
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21. Tulpe I.A. Religion and art in the system of culture: dis. … doc. philosopher. Sciences: 09.00.14. – Leningrad State University named after A. S. Pushkin. – St. Petersburg, 2020.
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PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
BODYAG Marina Germanovna
Ph.D. in historical sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
SOCIO-PHILOSOPHICAL INTERPRETATION OF “CONDITIONALITY” AS A UNIVERSAL CATEGORY
The subject of the study of this article is the concept of “conditionality” which is considered from the position of determining its function in modern society. The main objective of the study is to prove the status of conditionality as a universal category. In the course of the research special attention is paid to the formulation of the conditionality definition which is derived by analyzing the definitions existing in various scientific disciplines and stating the main signs of conditionality as well as the conditions of its functioning. A comparative analysis of conditionality and relativity as universal categories becomes significant for the study in which absolute world values are chosen as a starting point. The novelty of the research lies in clarifying the vagueness and ambiguity of the conditionality concept as well as in eliminating the uncertainty of the scientific status of this phenomenon. It is revealed that conditionality is characterized by the limitation of the recreated content and by agreement accepted as absolute information. As a cognitive unit it indicates the distance between reality and reflection in individual or collective consciousness, the understanding of the existence can be considered as a sign of an adequate perception of the surrounding world. The main basis for defining conditionality as a universal category is its ability to reflect the laws of society and thinking.
Keywords: conditionality, relativity, category, absolute values, visibility, social laws, image, modality of conditionality, actual reality, illusory reality.
Reference bibliographic list
1. Weber M. Selected works [Text]; Comp., total. ed. and after. Yu.N. Davydov; Foreword P.P. Gaidenko. – M.: Progress, 1990. – 804 p.; 21 see – (Sociological thought of the West). – ISBN 5-01-001584-6.
2. Dmitriev V.A. Realism and artistic "conventionality" [Text]. – M.: Sov. writer, 1974. – 279 p.
3. Zotov V. The command system of the PicoBlaze microprocessor core, implemented on the basis of FPGAs of the Spartan-II, Spartan-IIE, Virtex, Virtex-E families [Text] // Components and technologies. – 2003. – No. 31. – P. 152-158.
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11. Sagatovsky V.N. Philosophy of Anthropocosmism: Author's Dictionary [Text]. – St. Petersburg: Petropolis, 2013. – 291 p. – ISBN 978-5-9676-0489-8.
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13. Psychological Dictionary [Text]: More than 2500 terms / Ed.-ed.: V.N. Koporulina [i dr.]; Ed. Yu.L. Namer. – Rostov-on-Don: Phoenix, 2003. – 637 p. – ISBN 5-222-03712-6.
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PHILOSOPHY. RIGHT. SOCIETY
YAKIMOV Roman Vasiljevich
student of the National Research Tomsk State University
THE DEVELOPMENT OF THE IDEAS OF HUMAN-CENTRISM IN THE MIDDLE AGES AND THE RENAISSANCE
This article is dedicated to the development of the ideas of human-centrism. Anthropocentrism, which originated in Antiquity as a concept that elevates a person to the central position of one or another value model, underwent serious changes in the Middle Ages, which was motivated by the serious penetration of religion and the Church into all spheres of human life . Anthropocentrism of the medieval persuasion considered man as a creature created by God in “his own image and likeness”, man did not lose his central position, but his actions were motivated by “Divine will” and “prescription”. The Renaissance, which replaced the Middle Ages, was characterized by a decline in church influence and an anti-scholastic attitude. Philosophical thought turned to the canons of ancient philosophy, there was a belief in the potential of man. The philosophy of the Renaissance was not a “look back” or a return to the original concepts, antiquity and the Middle Ages began to intertwine in it, which created a fundamentally new worldview system. Anthropocentrism in the Renaissance is characterized by a symbiosis of ancient anthropocentrism and a monotheistic worldview.
Keywords: human-centrism, anthropocentrism, state, society, man, middle ages, revival.
Reference bibliographic list
1. Chechetkina I.I. Philosophy, theology and science in the Middle Ages: the history of relationships // Bulletin of the Kazan Technological University. – 2010. – No. 3. – S. 344-353.
2. Zaiko A.V. Philosophy of the Middle Ages: Method. instructions / Comp. A.V. Zayko; SPbGASU. – St. Petersburg, 2010. – 23 p.
3. Abdurakhmanov G.M., Kuliev T.T. Theocentrism and anthropocentrism in modern ecological consciousness // South of Russia: ecology, development. – 2012. – No. 2. -pp. 147-152.
4. Guseva A.A. Justin Philosopher and the problem of the historical in man // Vox. Philosophical journal. – 2017. – No. 2. – S. 1-15. Doi:10.24411/2077-6608-2017-00012.
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6. Zagryadskaya A.S. Anthropocentrism as a vector for the transformation of Christian culture in the Renaissance // Society. Wednesday. Development (Terra Humana). – 2013. – No. 4. – S. 189-193.
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8. Sannikov S.V. Utopia as anti-utopia "City of the Sun". Tommaso Campanella in the perspective of the III millennium // Almanac "God-thinking". – 2020. – No. 28. – S. 161-171.
BAKHNOVSKIY Aleksandr Viktorovich
Ph.D. in Law, associate professor of International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
THE EXPERIENCE OF INTEGRATION OF THE EUROPEAN COURT OF HUMAN RIGHTS PRACTICE INTO THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION: SUMMING UP THE INTERMEDIATE OUTCOMES
In this study the author examines the genesis of interaction between the European Court of Human Rights (ECHR) and the Russian Federation as a prerequisite for membership in the Council of Europe. The author analyzes the key acts of the Supreme and Constitutional Courts of the Russian Federation, which contain references to the need to take into account the practice of the ECHR, including complaints against other member states of the Council of Europe; presents conclusions on cases against Russia, where the ECHR has repeatedly pointed to systemic problems or insisted on changes in the current national law.
The paper focuses on the fundamental breakdown of interaction between the Constitutional Court of the Russian Federation and the ECHR after the latter’s consideration of the case «Anchugov and Gladkov v. Russia»: a chronology of changes in the practice of the Constitutional Court, amendments to the Federal Constitutional Law “On the Constitutional Court of the RF” and the subsequent practice of the said judicial body, justifying the refusal to implement the ECHR judgments was presented.
According to the results of the study, a conclusion was made about the justified necessity to block the ECHR judgments with the signs of political engagement. In view of the withdrawal from the Council of Europe and the termination of obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms (16 September 2022), the continuing influence of the ECHR practice on the Russian legal system seems improbable to the author.
Keywords: international law, European Court of Human Rights, practice, Russian Federation, Constitutional Court, enforceability, compliance, Constitution.
The article bibliographic list
1. Blazheev V.V. On the mechanism of harmonization of the practice of the European Court of Human Rights and Russian civil procedure law // Russian justice. 2010. No. 12. pp. 22-27.
2. Zharkova O.S. On the question of the universalism of the ECHR and its consideration of national peculiarities in cases of the right to a fair trial // Arbitration and Civil Procedure. 2016. No. 7. pp. 27-32.
3. Neshataeva T.N. Decisions of the European Court of Human Rights: novelties and influence on legislation and law enforcement practice. Moscow, 2013. 304 p.
4. Nussberger A. The development of the case law of the European Court of Human Rights on the basis of decisions on Russia // Law and Politics. No. 10. p. 88.
5. Sultanov A.R. Recognition of the semantic translation of the Koran as extremist material and issues of due process of law // Lawyer. 2013. No. 11. (SPS "ConsultantPlus").
INTERNATIONAL LAW
SYPCHENKO Alla Viktorovna
Ph.D.inhistorical sciences, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
STATSENKO Anastasiya Igorevna
student of the 5th course of the Samara Law Institute of the FPS of Russia
LEGAL INTERPRETATION OF THE POSSIBLE CONSEQUENCES OF THE STATE’S REFUSAL FROM INTERNATIONAL COOPERATION IN THE CONTEXT OF MODERN MILITARY TRANSFORMATIONS
The article reveals the concept of «international cooperation», gives the types of termination of membership in international organizations, illustrated by examples. The reasons for the refusal of further cooperation with the European community are highlighted and the consequences of the withdrawal of states from international organizations are analyzed. The experience of other countries that left or were not members of the European Union at all is analyzed. Proposals were formulated to regulate further cooperation.
Keywords: international cooperation, Russian Federation, termination of membership, European Union, International Association of Prosecutors, SWIFT.
The article bibliographic list
1. The Prosecutor General's Office of Russia is withdrawing from the International Association of Prosecutors // Official Internet portal of legal information. [electronic resource]. – Access mode: https://tass.ru/politika/14153423 ?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (accessed: 01.04.2022).
2. Russia is leaving the Council of Europe. What does this mean and why such a decision was made // Official Internet portal of legal information. [electronic resource]. – Access mode: https://tass.ru/politika/14026531 (date of application: 01.04.2022).
3. SWIFT system: what it is, why it is needed and how it works in Russia // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ria.ru/20220322/swift-1779501337.html (accessed: 01.04.2022).
4. Vladimir Putin's Munich Speech (2007) // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ria.ru/20220210/rech-1771685462.html (date of appeal: 04.2022).
5. Special operation for the protection of Donbass: chronology of events // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ren.tv/news/v-mire/943367-spetsoperatsiia-po-zashchite-donbassa-khronologiia-sobytii (accessed: 01.04.2022).
6. What Russia should do with Ukraine // Official Internet portal of legal information. [electronic resource]. – Access mode: https://ria.ru/20220403/ukraina-1781469605.html (accessed: 01.04.2022).
7. Switzerland and Norway: why some European countries are not part of the EU // Official Internet portal of legal information. [electronic resource]. – Access mode: https://news.rambler.ru/world/45395352/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (accessed: 01.04.2022).
INTERNATIONAL LAW
CHEN Qi men
postgraduate student of the MGIMO (U) of the MIA of Russia
INTERNATIONAL LEGAL PROBLEMS OF ENVIRONMENTAL PROTECTION IN THE ANTARCTIC REGION
At present, both the Antarctic Treaty system and the international system of maritime law have their own provisions for protection of Antarctic environment. And some of the provisions are contradictory and even opposite to each other. These inconsistencies can easily lead to uncertainty and confusion of Antarctic environmental protection laws and regulations, which significantly reduces the protective effect. In addition, there are currently no specialized agencies responsible for implementing specific environmental protection rules. At present, there is no appropriate competent body in international law responsible for the protection of the Antarctic environment, and the lack of decision-making and supervisory subjects, so that the legal rules are formal in nature, the realization of the effect is not satisfactory. This represents the greatest obstacle in the implementation of Antarctic environmental protection laws and regulations. The obligations of the member states to protect the environment are unclear. There is currently no detailed international provision on the obligations of the participating states to protect the Antarctic environment, which also leads to easy evasion between the participating states in the event of an environmental accident. This significantly reduces the intensity of environmental protection. The study of the problem contributes to the further development of the Antarctic Treaty.
Keywords: Antarctic Treaty, ATCM, law, Antarctica, system.
The article bibliographic list
[electronic resource]. – Access mode: https://ru/2020/12/22/koronavirus-dostig-antarktidy.html
1. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p29。
2. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p30。
3. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p27。
4. 凌晓良、温家洪等. 南极环境与环境保护问题研究. 海洋开发与管理. 2005年。
5. 郭培清、石伟华.南极政治问题的多角度探讨.海洋出版社,2012年,p28。
6. 丁煌等. 极地治理与中国参与. 北京:科学出版社,2018年。
INTERNATIONAL LAW
YANG Haidan
postgraduate student of the Peoples Friendship University of Russia
PROBLEMS OF CONFLICT OF LAWS OF CHINESE AND RUSSIAN PRIVATE LAW AND PROSPECTS FOR THEIR SOLUTION
Questions about the consistency of conflict of laws rules in international law, with a view to their correct application by law enforcement agencies (regardless of the country) when making a decision in a dispute have been very relevant over the past hundred years. Therefore, the unity of conflict of laws norms is considered by jurists as a criterion satisfying the highest goals of law – the realization of justice in various spheres of public relations. The conflict of private law norms of Russian and Chinese legislation is also not without problems. For example, the criteria for the close connection of the law to be applied with the civil legal relationship are not defined. Hence, it becomes impossible to determine the applicable law if the scope of the rights and obligations of both the Chinese and the Russian parties under the contract is approximately the same, moreover, each of the parties to the legal relationship, one way or another, will try to shift the choice of the place of dispute resolution to its side. Difficulties also concern the correctness of the application by Chinese courts of the “forum non conveniens” doctrine, which try to get out of the scope of its operation every time a Chinese legal entity or individual appears in a civil legal relationship, even indirectly related to the case. At the same time, there is still a mechanism to solve the hotel problems of the conflict of laws of Chinese and Russian private law – when resolving a dispute, the parties need to focus on the jurisdiction in which the enforcement of the judgment will take place, and not on the jurisdiction where it will be easier to protect their rights.
Keywords: Chinese legislation, Russian legislation, private law norms, conflict of laws norms, forum non conveniens, relations complicated by a foreign element.
The article bibliographic list
1. Nolde B.E. An essay on private international law // List F. International law in a systematic presentation / Trans. edited by V.E. Grabar.
– Yuryev, 1909. – p. 452.
2. Nolde B.E. M.I. Brun and the science of private international law in Russia // Vesti civicheskogo prava. – 1917. – No. 3-5. – p. 11.
3. Brun M.I. International private law // Brockhaus and Efron Encyclopedic Dictionary. – St. Petersburg, 1896. – Vol. XVIII. – Book 36.
4. Brun M.I. Introduction to Private International law (1915) // Bulletin of Civil Law. – 2006.
– No. 2. – pp. 109-184.
5. Guangjian Private International Law in China. Springer Science Business Media Singapore, 2016.
6. Guomin Lü, Xia Dai and Yuanmin Zheng, 国 际 私 法 (冲 突 法 与 际 体 法 篇 ) [Private International Law (Conflict of Laws and Substantial Law)], China Citic Press (Beijing), 2002. – 186-197.
7. Zhengxin Huo. Highlights of China’s New Private International Law Act: From the Perspective of Comparative Law // 45 Revue Juridique Themis. – – P. 637-684.
8. Yin Liu. Evasion in the conflict of laws and its possible solution in China. December 2010 Frontiers of Law in China 5(4):626-644.
9.江苏省镇江市中级人民法院(2013) 镇商外初字第13号民事判决书.
PUBLIC INTERNATIONAL LAW
GIGINEYSHVILI Mariya Teymurazovna
Ph.D. in Law, associate professor of International law sub-faculty of the Northern Caucasus branch of the Russian State University of Justice
HEAD OF STATE IMMUNITY: COMPARISON OF INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT PRACTICE
The article provides a brief analysis of the legal regulation and practice of applying the rules on the immunity of heads of state from criminal prosecution since the establishment of the Nuremberg Military Tribunal to the International Criminal Court. The author distinguishes between functional (ratione materiae) and personal (ratione personae) immunity, explaining the content of each type. The approach of the International Court of Justice and the International Criminal Court regarding the issue of exemption from liability of heads senior officials is subjected to a comparative analysis on the example of the cases of A. Yerodia Ndombasi and O. Al Bashir. In conclusion, the author concludes that it is legal to waive the immunity of the head of state in case of prosecution for committing international crimes in international courts and tribunals.
Keywords: judicial immunity of the head of state, responsibility of high officials, international crime, International Court of Justice, International Criminal Court, extradition, O. Al Bashir, arrest warrant case.
The article bibliographic list
1. Bukuru J.-B. International legal problems of immunity of acting heads of State and the practice of the International Criminal Court // Electronic appendix to the "Russian Law Journal". 2019. No. 1. pp. 32-36.
2. Vinogradova E.V. International Criminal Court: issues of immunity of officials // Eurasian Advocacy. 2019. No. 3 (40). pp. 78-81.
3. Rusinova V. Immunity of senior officials and their criminal prosecution for international crimes // International public and private law. 2006. No. 3. pp. 38-45.
4. Skuratova A.Yu. Development of the concept of state officials' immunities from foreign criminal jurisdiction // State and Law. No. 2. pp. 79 – 88.
5. Akande D., Shah S. Immunities of State Officials, International Crimes, and Foreign Domestic Courts // European Journal of International November 2010. Vol. 21. Issue 4. P.815-852.
6. An introduction to international criminal law and procedure / Cryer [et al.]. Cambridge. 2010. P. 558-559.
7. Bianchi A. Immunity versus Human Rights: The Pinochet Case // European Journal of International 1999. № 10. P. 237-277.
8. Cassese A. International Criminal Law. 2d Edition. Oxford, 2008. P. 307.
PRIVATE INTERNATIONAL LAW
BUTAKOVA Nadezhda Aleksandrovna
Ph.D. in Law, associate professor, Head of State and international law sub-faculty of the St. Petersburg State Marine Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical science, associate professor, Dean of the Faculty of Natural Science and Humanities Education of the St. Petersburg State Marine Technical University
CRITICAL ISSUES IN THE DRAFTING OF CONTRACTUAL PROVISIONS OF PUBLIC PRIVATE PARTNERSHIPS IN THE FIELD OF ROAD INFRASTRUCTURE DEVELOPMENT
The increasing use of Public Private Partnerships (PPP) arrangements in the provision of transport infrastructure seems to be a trend all over the world with a very particular incidence in the world, including Russia. The arguments supporting these public decisions are several and their validity varies with the different realities where these instruments are applied. The article highlights the most important issues related to the development and implementation of PPP in the transport sector, and provides a summary of the principles underlying the structure of contractual relations.
The article deals with the problems of planning and pricing of toll roads. The purpose of the article is to identify risks when concluding PPP contracts for the construction / reconstruction of highways. Based on the cost-benefit analysis methodology, which is used in the world practice of investment design to assess the contribution to achieving the goals of socio-economic development, the analysis of the principles of charging and pricing of toll roads is carried out. The main mistakes in making investment decisions when concluding a PPP contract are revealed. The systemic contradictions between the current decision-making scheme and the need to coordinate the heterogeneous interests of the public and private sector are revealed.
Keywords: public-private partnerships, transport infrastructure, contractual relations, infrastructure pricing.
The article bibliographic list
1. Bushansky S.P. Questions of the efficiency of toll roads // Economic analysis: theory and practice. 2012. No. 42. pp. 2-8.
2. Bushansky S.P. Problems of reducing the cost of road construction // National interests: priorities and security. 2013. No. 18. pp. 9-15.
3. Varnavsky V.G. Concessions in transport infrastructure: theory, practice, prospects. Moscow: IMEMO RAS, 2002. p. 83.
4. Belenky P. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations, U.S. Department of Transportation, Washington DC, 2011. [electronic resource]. – Access mode: http://www.dot.gov/sites/dev/files/docs/vot_guidance_092811c.pdf .
5. Fayard A. Analysis of Highway Concession in Europe. University of Bergamo – Italy Conference on Highways: cost and regulation in Europe, 2012. [Electronic resource]. – Access mode: http://dinamico2.unibg.it/highways/paper/FAYARD.pdf .
6. Levinson D. The Political Economy of Private Roads// Street Smart: Competition, Entrepreneurship, and the Future of Roads, Gabriel Roth, ed., Transaction Publishers, 2006. 79-96.
7. Rosário Macário, Critical issues in the design of contractual relations for transport infrastructure development. Research in Transportation Economics. [electronic resource]. – Access mode: elsevier.com/locate/retrec .
8. Swan P.F., Belzer M.H. Empirical Evidence of Toll Road Traffic Diversion and Implications for Highway Infrastructure Privatization, 2007. [electronic resource]. – Access mode: http://www.com/rlc/docs/2008/tolldiversion.pdf .
PRIVATE INTERNATIONAL LAW
BABOSHKIN Anton Anatoljevich
leading lawyer LLC «Kinross Far East»
LEGAL STATUS OF STAKEHOLDERS IN THE COUNTRIES OF CONTINENTAL LAW
The author, touching upon such an aspect of corporate governance as the involvement of interested parties (stakehold-ers), draws attention to the essence of this phenomenon in corporate law. At the same time, the author focuses on the use of these persons in the process of managing companies in such civil law countries as Germany, France and the Netherlands.
Keywords: contract, corporate governance, stakeholder, legal regulation, insider, corporate ethics.
The article bibliographic list
1. Finogeeva A.I. Formation of a management mechanism for key stakeholders of the corporation: dis. … candidate of Economic Sciences. Specialization. 08.00.05 – Economics and management of the national economy: management. – Moscow, 2019. – 208 p.
2. Adams R.B., Licht A.N., & Sagiv L. Shareholders and stakeholders: How do directors decide? // Strategic Management – 2011. – No. 32. – p. 1331-1355.
3. Business ethics and corporate governance. [electronic resource]. – Access mode: https://oreilly.com/library/view/business-ethics-and/9789332511255/xhtml/c14s11.xhtml (accessed: 05.04.2022).
4. Egorova D.A. International trends in financing environmental projects in the context of sustainable development // News of higher educational institutions. Series: Economics, Finance and Production Management. – 2021. – № 4 (50). – Pp. 15-23.
5. Ilin A.B., Sizova Yu.S. Export of entrepreneurial culture: case studies from Finland and Germany // Intellect. Investments. – 2020. – № 6. –
40-47.
6. The Civil Code of the Netherlands. [Electronic source]. – Access mode: https://hbcomp.ru/about/law_library/3487 / (accessed: 04.2022).
7. Dutch experience of stakeholders. [Electronic source]. – Access mode: https://corpgov.law.harvard.edu/2020/08/02/the-dutch-stakeholder-experience / (date of address: 04.2022).
8. Poluyakhtova E.R. Contradictions of interests of stakeholders: domestic and foreign experience // Economics and the paradigm of modern times. –
– No. 5 (7). – pp. 19-21.
PRIVATE INTERNATIONAL LAW
BIBIKOV Sergey Evgenjevich
postgraduate student of the O. E. Kutafin Moscow State Law University, trainee of lawyer of MSVA "Bureau of Lawyers "De jure"
TRANSFORMATION OF CONFLICT REGULATION OF LIABILITY OF A LEGAL ENTITY IN CONDITIONS OF GLOBAL CHALLENGES
This study highlights the problem of protecting private capital and minimizing the negative consequences that have arisen for the Russian economy against the backdrop of the sanctions policy of unfriendly states. It is concluded that it is necessary to reorient the conflict of laws regulation of the liability of a legal entity in favor of protecting the interests of Russian entrepreneurs and the domestic economy as a whole. The author suggests directions that should be paid attention to when carrying out law-making activities of the Russian state in the field of illegal seizure and movement of capital. These areas mainly affect the conflict aspect of regulating the liability of foreign companies in the Russian legal system, as well as issues of enforcement of judicial acts with their participation in Russia. As a result of the study of the identified problem, the author provides ways to solve it, gives recommendations on the protection of national interests against unfriendly actions of foreign states against Russian businessmen.
Keywords: personal statute of a legal entity, conflict regulation of liability of a legal entity, liability of persons controlling the debtor, sanctions, retortions.
The article bibliographic list
1. Dyachenko E.B. Control over corporations: doctrine and practice. – M.: Infotropik, 2013. – p. 148.
2. Fonotova O.V., Indinok P.D. Compliance in the context of international private law: the experience of transnational corporations // Legislation. – 2021. –
No. 6. – pp. 7-15.
3. Kanashevsky V.A. International private law. – M.: International Relations, 2019. – p. 1064.
4. Strigunova D.P. The problem of determining the legal status of a transnational corporation // Modern Law. – 2020. – No. 2. – pp. 89-93.
PRIVATE INTERNATIONAL LAW
ZHURBENKO Valeriya Gennadjevna
student of the 4th course of the Faculty of Training Specialists for the Judicial System (Faculty of Law) of the North Caucasus branch of the Russian State University of Justice
PROTECTION OF THE RIGHTS OF THE PARTIES TO THE SURROGACY AGREEMENT: FOREIGN EXPERIENCE
The cross-border nature that legal relations may have, arising from the conclusion and execution of a contract on surrogacy services, prohibited in one country and legally enshrined in another, inevitably generates not only the problem of “limping” legal relations, but also the protection of the rights of their parties. In this study, the author studied the experience of legal regulation of this issue in certain foreign countries and based on it made proposals to improve the current Russian legislation in this area.
Keywords: surrogacy, reproductive technologies, the rights of genetic parents, the rights of the child.
The article bibliographic list
1. ECHR Ruling of 24.01.2017 "The case of Paradiso and Campanelli v. Italy" // Bulletin of the ECHR on Human Rights. Russian edition. – 2017. – No. 6.
2. Azizov A.A. Comparative characteristics of the surrogacy contract in Russia, USA, Israel and Germany // Issues of Russian justice. – 2021. – № 11. – C. 181-188.
3. Gadzhimagomedova Sh.S., Kuhmazova A.T. Legal support of surrogate motherhood: Russian and foreign experience // Education and Law. – 2020. – No. 1. – C. 143-149.
4. The Cabinet of Ministers supported the prohibition of surrogate mothers' services for foreigners. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/14653545 (accessed: 05/18/2022).
5. Mikhel I.V. The Indian saga of ART: a medico-anthropological view // Philosophical problems of biology and medicine: the phenomenon of biorationality. – M.: Lenand, 2019. – Vol. 13. – pp. 254-258.
6. Mikhel I.V. Surrogate motherhood in the UK and India: regulatory measures // Social and humanitarian sciences. Domestic and foreign literature. Ser. 9, Oriental and African Studies: An abstract journal. – – No
. – C. 32-52.
7. Momotov V.V. Bioethics in the context of legislation and law enforcement (surrogacy)
// Lex Russica. – 2019. – No. 1. – p. 29.
8. Ogai S.D.E. Problems of adopting a new law on surrogacy in the UK // Legal Science. – 2020. – № 11. – C. 122-124.
9. Surrogacy: world experience. – [Electronic resource]. – Access mode: https://ria.ru/20131111/976039040.html (date of reference: 01.2022).
10. Sharov K.S. Surrogacy in Russia and Singapore in the system of demographic management models // Sociodynamics. – 2019. – № 4. – C. 31-41.
11. Singh H.D. «The World’s Back Womb?»: Commercial Surrogacy and Infertility Inequalities in India // American – 2014. – Vol. 116 (4). – P. 824-828.
PRIVATE INTERNATIONAL LAW
ZAIKA Daniil Alekseevich
magister student of the 2nd course of S. N. Lebedev International private and civil law sub-faculty of the International Law Faculty of the MGIMO
(U) of the MFA of Russia
THE PLACE OF THE FICTIONAL CHARACTER IN THE SYSTEM OF COPYRIGHT OBJECTS IN THE UNITED STATES AND THE RUSSIAN FEDERATION
This article is one of the few articles devoted to the problems of determining the legal status of fictional characters in the system of copyright objects. This area of copyright law is understudied and gives rise to many discussions and questions.
At present in most developed jurisdictions the regulation of the use and legal protection of the fictional characters, as well as other component parts of the work, is not specific, that is, it is regulated by general legal provisions and fundamental principles of copyright law. Most of the special principles and criteria regarding characters have been developed by case law.
This article will analyze the legislation and relevant case law of the United States and the Russian Federation in terms of regulating the legal status of characters.
Keywords: copyright law, component part of a work, fictional character, legal protection of works, author, intellectual property, objects of copyright law, legal protection of copyright objects.
The article bibliographic list
1. Kopylov A.Yu. The character of the work as an object of copyright: Dis. Candidate of Law Tomsk., 2021.
2. Entin V.L. On counterfeit, Masyan and d'Artagnan // EZH-Yurist. 2009. No. 4.
3. Gavrilov E.P. Copyright on the character // Patents and licenses. 2011. No. 12.
4. Ivanov N.V. Legal protection of a part of a work
// Bulletin of Economic Justice of the Russian Federation. 2021. № 1.
5. Gavrilov E.P. In patent law – novelty, in copyright – originality // Patents and licenses. 2007.
№ 12.
INTERNATIONAL PRIVATE LAW
PADIRYAKOV Aleksandr Viktorovich
Project manager, State corporation “Rostech”
THE INSTITUTES OF SPECIFIC PERFORMANCE AND DAMAGES IN GERMAN LAW
The present research offers the overview of specific performance and damages under German law. The overview of the specific performance and damages under German law shows both history of development and specific features of implementation of the said instruments. The difference between the legal systems entails the differences in remedies available and mechanisms of implementation of the latter. The implementation of the same remedies could be based not only on different mechanics but different ideology.
Keywords: damages, specific performance, injunction, remedies, Germany, Russia.
Reference bibliographic list
1. John P. Dawson, Specific Performance in France and Germany. – 57 MICH. L. REV. 495 (1959).
2. Ulrik Huber, Praelectiones iuris civilis: Secundum Institutiones et Digesta Justiniani, Gleditsch, 1707, com. D.
19.1.1. – no. 5.
3. Rudolf von Jhering, Jherings Jahrbüch für die dogmatik des heutigen römischen und deutschen privatsrechts. – Jena, 1880. – Z. 1.
4. Protokolle der Kommission zur Ausarbeitung des Entwurfs einer Civilprozessordnung für die Staaten des Norddeutschen Bundes. – Berlin, Sitzungen 320 and
321.-Zz. 2057-2064.
5. John P. Dawson. Specific Performance in France and Germany. – 57 MICH. L. REV. 495 (1959). – P.p. 526-528.
6. Ernst W. in: Münchener Kommentar zum Bürgerlichen Gesetzbuch. – bd. 2 Schuldrecht: Allgemeiner Teil. 6. Aufl. C.H. Beck, 2012. Vol 2a.
7. Gromov A. A. Influence of the impossibility of performance on the right to demand the performance of a contractual obligation in kind. Thesis for the degree of candidate of legal sciences (2016: 7-46).
INTERNATIONAL PRIVATE LAW
KHARKINA Kristina Vladimirovna
postgraduate student of Private international law sub-faculty of the O. E. Kutafin Moscow State Law University
CROSS-BORDER CORPORATE AGREEMENT AND INTERNAL AFFAIRS DOCTRINE
Internal affairs doctrine is one of serious limitations of parties’ autonomy while choosing the law applicable to a cross-border corporate agreement. In accordance with this doctrine, the relations of a legal entity with its participants are governed by the law of the state where the legal entity was established. The lack of statutory regulation of this doctrine gives rise to a number of practical problems related to the impossibility of applying the law chosen by the parties to a cross-border corporate agreement.
The purpose of this article is to analyze the current domestic court practice, as well as foreign legislation and enforcement practice in order to establish a list of relations that may relate to the internal relations of a legal entity.
As a result of the study, the author established the need to develop criteria for classifying relations as internal at the international level, as well as providing a legal framework for such relations in national law in order to eliminate the unreasonable broad interpretation of this concept by the courts and reduce the risk of limiting the parties' autonomy.
Keywords: cross-border corporate agreement, corporate agreement, shareholder agreement, party autonomy, internal affairs doctrine, foreign law, statute of legal entity, lex societatis.
Reference bibliographic list
1. Asoskov A.V. Conflict regulation of agreements on the exercise of corporate rights (corporate agreements) // Law. – 2014. – No. 8. – S. 37.
2. Lovyrev D.E., Ananiev D.V. Application of foreign law to shareholder agreements // Moscow Journal of International Law. – 2004. – No. 1. – S. 232.
3. Giuditta Cordero Moss. International Arbitration and the Quest for the Applicable Law. Global Jurist. – Vol. 8. – Article 2. – P. 10.
4. Harnischfeger Industries, Inc., 293 B.R. 650 (Bkrtcy. D. Del. 2003), 99-2171. [Electronic resource]. – Access mode: https://case-law.vlex.com/vid/293-b-r-650-608642210 (Accessed on 11/28/2021).
5. Matt Stevens, Internal Affair Doctrine: California Versus Delaware in a Fight for the Right to Regulate Foreign Corporations, 48 B.C.L. Rev. – No. 1047. – 2007. – R. 1062.
ENERGY LAW
SNETKOV Vitaliy Nikolaevich
Ph.D. in political sciences, professor of Theory and history of state and law sub-faculty of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
YURKOVA Olga Yurjevna
magister student of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
HISTORICAL AND LEGAL ASPECTS OF THE IMPLEMENTATION OF THE CONCEPT OF THE MARITIME SILK ROAD WITHIN THE ARCTIC REGION OF RUSSIA
This article discusses the sectoral principle of the division of the Arctic territory. The article analyzes the main political and legal documents regulating this sphere in the Arctic countries and the possibility of integrating the New Silk Road initiative, discusses the formation of an optimal balance between national and international legal regulation of economic processes in the Arctic region. The strategic goals of the development of the Russian Arctic in the long term involve the deployment in this region of national projects for the development of mineral resources and the development of transport infrastructure, primarily the Northern Sea Route including its seaports, as an organizational and legal basis for the development of the use of the Arctic continental shelf.
Keywords: Arctic, Server Sea Route, New Silk Road initiative, integration.
Reference bibliographic list
1. Gitsu M.A., Gitsu V.D. International legal regime of the Arctic (conceptual confrontation) // State and Law. – 2018. – No. 06. – 123 p.
2. Gureev S.A., Bunik I.V. On the need to confirm and legally secure Russia's exclusive rights in the Arctic. – Federation Council of the Federal Assembly of the Russian Federation. Maritime activities of the Russian Federation: state and problems of legislative support. Ed. V.A. Popov. – M., 2005. – 211 p.
3. Kalfaoglu R. Sino-Russian cooperation in the Arctic: development prospects // Vestnik MGOU. – 2018. – No. 2. – P. 108-128.
4. Kattsov V.M., Pavlova T.V. Expected changes in surface air temperature in the Arctic in the 21st century: results of calculations using ensembles of global climate models (CMIP5 and CMIP3) // Proceedings of the Main Geophysical Observatory. A.I. Voeikova: T., 2015. – 579 p.
5. Kovalev A.A. International law and national interests of the Russian Federation // Otv. ed. A.A. Kovalev, B.L. Zimnenko. – M., 2008. – 89 p.
6. Makkhailychenko K.M. The project "Ice Silk Road" within the framework of the "One Belt – One Road" initiative as a realization of the interests of Russia and China in the Arctic region // Vestnik RUDN University. Series: Political science. – 2019. – No. 2. – S. 334-345.
7. The President of Russia: Vladimir Putin took part in the plenary session of the IV International Arctic Forum "The Arctic – Territory of Dialogue" (official site). [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/54149 (date of access: 03/15/2022).
8. Snetkov V.N., Semenova K.A. M.V. Lomonosov on the need to consolidate the rights of Russia in the Arctic // Scientific and technical bulletin of St. Petersburg State Polytechnical University. – 2011. – No. 4 (135). – S. 31-34.
THEORY OF GOVERNMENT AND RIGHTS
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of the N. G. Chernyshevskiy Saratov National Research State University
LAW AND INFORMATION SOCIETY: THE VALUE ASPECT OF THEIR RELATIONSHIP
The article examines the value aspect of the relationship between law and information society. The necessity of increasing the regulatory role of law in the conditions of dynamism of information relations is substantiated, taking into account which the provision of appropriate legal regulation is in demand. It is difficult to imagine the development of the information space, information relations without law, respectively, legal means that should ensure the ordering of public relations in the field of informatization. The author draws attention to the importance of a systematic understanding of the processes of development of the information society, based on the theoretical justification of the social value of law. At the same time, the article emphasizes the importance of the legal system as a whole, within which increasing the regulatory role of law is one of its important tasks.
Keywords: law, legal regulation, legal system, information society.
Reference bibliographic list
1. Man, society, law in the context of digital reality: collection of articles / Ed. O. Yu. Rybakova.
– Moscow: RUSSIGN, 2020. – 254 p.
2. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017–2030” // Collected Legislation of the Russian Federation. – 2017. – No. 20. – Art. 2901.
3. Matuzov N. I. Actual problems of the theory of law. – Saratov: Publishing House of SGAP, 2003. – 512 p.
THEORY OF GOVERNMENT AND RIGHTS
GRIBKOVA Kristina Vladimirovna
postgraduate student of Theory and history of state and law sub-faculty of the Kostroma State University
JUDICIAL PRACTICE AS A SOURCE OF LAW IN RUSSIA
This article examines the fact of the recognition of judicial practice as one of the sources of law. Both positive and negative aspects of this legal phenomenon are being studied. The role of legal precedent in the existing legal system of Russia is being investigated. The opinions of experts in the field of jurisprudence on the attribution of the precedent to the sources of legislation of the Russian Federation are given.
Keywords: judicial practice, law enforcement, judicial system, source of law, judicial precedent.
Reference bibliographic list
1. Vaskovskiy E.V. Guide to the interpretation and application of laws. – M.: Yurayt, 2017. – 418 p.
2. Zivs S.L. Sources of law. – M.: Nauka, 1981. – 240 p.
3. Nersesyants V.S. Problems of the General Theory of Law and State: A Textbook for High Schools. – M.: Norma, 2004. – 527 p.
4. Prokofiev G.S., Chigidin B.V. Legislative drafting technology. Legislative process. Concept. Institutes. Stages: scientific and practical guide. – M.: Jurisprudence, 2000. – 115 p.
5. Tikhomirova L. V., Tikhomirov M. Yu. Legal Encyclopedia. – M.: Pravo, 2002. – 770 p. 6. Vilnyansky S.I. The value of judicial practice in civil law // Scientific works. Scientific works VIYUN: Legal publishing house of the Ministry of Justice of the USSR. – 1947. – No. 9. – S. 239-240.
7. Kazantsev S.M. The problem of uniformity of judicial practice in the Russian Federation // Russian Yearbook of Civil and Arbitration Process. – 2004. – No. 3. – P. 95.
8. Pokrovsky I.A. Natural law trends in the history of civil law // Civilistic practice. – 2007. – No. 1 (22). – S. 38-67.
9. Tikhomirov Yu.A. Problems of development of the legislation of subjects of the Russian Federation // Constitutional and municipal law. – 2009. – No. 3. – P. 4.
THEORY OF GOVERNMENT AND RIGHTS
DUBROVIN Mikhail Andreevich
senior lecturer of International law and foreign economic activity sub-faculty of the Institute of Law of theG. and N. G. Stoletov Vladimir State University
THE STATE IN THE CONTEXT OF GLOBALIZATION CHALLENGES: AN INTEGRATION APPROACH
The study analyzes the impact of globalization challenges on the state structure, its strength, and the ability to update the main directions of its activities in order to prevent negative consequences affecting the integrity of sovereignty. Aspects of positivism and negativism of globalization processes are considered. The possible prospect of maintaining the intensity of integration activities, taking into account the commitment to national interests, is being studied.
Keywords: integration process, globalization, state, national security.
Reference bibliographic list
1. Dubrovin M. A. Globalization – a forced or voluntary process? // Actual problems of international law and foreign economic activity. Materials of the X international scientific-practical conference of teachers and students. Ministry of Education and Science of the Russian Federation; Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletov, Institute of Law. – 2019. – S. 193-196.
2. Dubrovin M. A. The criterion of flexibility in the context of the integration activities of the state: a theoretical aspect // Eurasian Law Journal. – 2021. – No. 5. – S. 66-67.
3. Dubrovin M. A. Synergy in the state: a cyclical integration approach // Bulletin of the Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletovs. – Series “Juridical sciences”. – 2021. – No. 1 (27). – S. 16-20.
4. Lyubashits V. Ya. The modern state in the globalizing world of the problem of theory // Jurisprudence. – 2004. – No. 4. – S. 203-221.
THEORY OF GOVERNMENT AND RIGHTS
MIKHAYLIK Anna Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
MODERN UNDERSTANDING OF LEGAL CONSCIOUSNESS AND ITS FEATURES
The presented scientific work reveals the current to date topics devoted to the study of legal awareness in modern Russian realities, as well as the features of legal awareness and its impact on society. The author pays special attention to the analysis of the scientific works of the most prominent jurists in this field. In conclusion, several conclusions have been formed regarding the studied material.
Keywords: legal consciousness, individual legal culture, socio-legal institution.
Reference bibliographic list
1. Rybakov V.A. Legal consciousness: to the question of the concept [Text] // Vestnik OmGU. Series. Right. – 2015. – No. 3 (44). – S. 23-28.
2. Bolsunov M.A. To the question of the concept of legal consciousness [Text] // Bulletin of the Samara Humanitarian Academy. Series: Law. – 2011. – No. 2. – P. 112-118.
3. Egorov V.A. Historical roots of legal awareness of Russians [Text] // Theory and practice of social development. – 2014. – No. 20. – C. 99-101.
4. Zhigulin A.A. Psychological aspects of legal consciousness [Text] // Research publications. – 2014. – No. 2 (6). – P.29-37.
5. Petrulevich I.A., Tselikovskii S.B. Features of legal awareness and problems of the formation of civil society in modern Russia [Text] // Theory and practice of social development. – 2013. – No. 4. – P.159-165.
THEORY OF GOVERNMENT AND RIGHTS
SAZONOV Ivan Ivanovich
magister student of the Russian State Academy of Intellectual Property
CHIBISOV Oleg Valerjevich
Ph.D. in economical sciences, associate professor of Theory, history of law, and public law disciplines sub-faculty of the Russian State Academy of Intellectual Property, academic advisor
ON THE ISSUE OF LEGAL REGULATION OF RELATIONS IN THE SPHERE OF LEGAL PROTECTION AND USE OF THE RESULTS OF INTELLECTUAL ACTIVITY, CREATED AT THE EXPENSE OF THE FEDERAL BUDGET
The article is devoted to the consideration of mechanisms of state regulation of legal relations in the sphere of results of intellectual activity of civil and military purposes, created by means of budgetary allocations and also to the discovery of problems to development of offers on improvement of the legislation in the sphere of state regulation of intellectual activity created by means of budgetary allocations.
Keywords: budget, legal regulation, RIA, state control, intellectual property, scientific and technical potential.
Reference bibliographic list
1. Problems of legal regulation of relations in the field of legal protection and use of the results of intellectual activity created at the expense of the federal budget”. Federation Council of the Russian Federation. [Electronic resource]. – Access mode: http://council.gov.ru/activity/activities/parliamentary/29717/ (date of access: 26.01.2022).
2. Dezhina I., Leonov I. Intellectual property in Russia: problems of state regulation. [Electronic resource]. – Access mode: https://www.iep.ru/files/persona/dezhina/innovatsii-8-03. pdf (date of access: 22.01.2022).
3. Dezhina I., Leonov I. Intellectual property in Russia: problems of state regulation. [Electronic resource]. – Access mode: https://www.iep.ru/files/persona/dezhina/innovatsii-8-03.pdf (date of access: 01/22/2022).
4. Belozerov V.K. New national security strategy: from finding meaning to implementation. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/novaya-strategiya-natsionalnoy-bezopasnosti-rossiyskoy-federatsii-ot-obreteniya-smyslov-k-realizatsii/viewer (date of access: 01/26/2022).
5. "Problems of legal regulation of relations in the field of legal protection and use of the results of intellectual activity created at the expense of the federal budget." Federation Council of the Russian Federation. [Electronic resource]. – Access mode: http://council.gov.ru/activity/activities/parliamentary/29717/ (date of access: 01/26/2022).
6. Mazur N.Z., Dikul D.O., Zhamoydik K.M. Economic and legal issues of managing rights to RIA belonging to the Russian Federation. [Electronic resource]. – Access mode: https://www.vko-intellekt.ru/media-center/economic-legal-issues-of-rights-management-on-rids/ (date of access: 01/27/2022).
7. Segeda E.A., Kirova I.V. Modern problems of protection of intellectual property rights in Russia. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-problemy-zaschity-prav-intellektualnoy-sobstvennosti-v-rossii/viewer (date of access: 01/26/2022).
THEORY OF GOVERNMENT AND RIGHTS
SKUDARNOV Aleksey Sergeevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
TO THE QUESTION OF VOLUNTARINESS IN LAW
The article discusses the place and role of voluntariness in law. The author notes the importance of expanding opportunities for voluntary behavior of subjects of law, as well as the debatability of the thesis about the possibility of combining voluntary and mandatory beginnings in a single regulatory tool.
Keywords: voluntariness, obligation, legal regulation, realization of law, rights and freedoms.
Reference bibliographic list
1. Austin J. The Province of Jurisprudence Determined and the Study of Jurisprudence. – London, 1832.
2. Hart H. L. A. Essays in Jurisprudence and Philosophy. – Oxford, 1983.
3. Kelsen H. General Theory of Law and State. The Lawbook Exchange. – Ltd, 2007.
4. Ross A. Directives and Norms. – London, 1968.
5. Abramov N. Dictionary of synonyms and expressions similar in meaning. About 5,000 synonymic rows. Over 20,000 synonyms – 7th ed., stereotype. – M .: Russian dictionaries, 1999.
6. Alekseev N. N. Russian people and state. – M., 1998.
7. Voevodin L. D. Constitutional rights and obligations of Soviet citizens. – M., 1972.
8. Dugi L. Social law. individual law. State transformation. – St. Petersburg, 1909.
9. Kolosov I. V. Legal positivism of John Austin and utilitarianism of Jeremiah Bentham: dialectics of correlation // Issues of Russian and international law. – 2017. Volume 7. – No. 3A.
10. Malitsky A. Soviet constitution. – Kharkov, 1925.
11. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language. – 4th ed. – M., 1997.
12. Petrazhytsky L. I. Essays on the Philosophy of Law // Petrazhitsky L. I. Theory and Politics of Law: fav. works / Nauch. ed. E. V. Timoshina. – St. Petersburg, 2010.
13. Polyakov A. V. Anthropological and communicative justification of human rights // Law and society: from conflict to consensus. – St. Petersburg, 2004.
14. Polyakov A. V. Russian theoretical and legal thought: experience of the past and prospects for the future
// Our difficult path to the law. Materials of philosophical and legal readings in memory of Academician V. S. Nersesyants. – M., 2006.
15. Explanatory dictionary of the Russian language / Ed. D. V. Dmitrieva. – M.: Astrel: AST, 2003.
16. Pure doctrine of the law of Hans Kelsen. 2nd ed. / Per. with him. M.V. Antonov and S.V. Lezov. – St. Petersburg: LLC Publishing House "Alef-Press", 2015.
17. Erlich O. Fundamentals of the sociology of law / Per. with him. M. V. Antonova; ed. V. G. Grafsky, Yu. I. Grevtsov. – St. Petersburg, 2011.
THEORY OF GOVERNMENT AND RIGHTS
TITOV Vladimir Yurjevich
Ph.D. in historical sciences, associate professor, expert of Rosokhrankultury of the Russian Federation on values, teacher of history and a number of legal disciplines in the local gymnasium and universities of Irkutsk. For more than twenty-five years I have been leading a number of columns devoted to local history in local periodicals
ANALYSIS OF THE LEGAL REGULATION OF PROTEST MOODS IN THE CONCEPTS OF DOMESTIC LAWYERS
The article deals with the problem of public coverage of protest sentiments and the right to protest in the historical and legal concepts of Russian lawyers. The domestic legal doctrine proceeds from the position in which a person and society have an inalienable right to protest, but within the limits of permissible behavior. The understanding of protest sentiments is associated with the names of such figures as Pashukanis, Voznesensky, Sakharov. Sakharov proposed to reduce the role of ideological control over public opinion and reduce the influence of the bureaucratic apparatus of the CPSU in matters of governance. According to Sakharov, this could lead to a decrease in protest moods.
Keywords: protest, protest mood, legitimate right to protest.
Reference bibliographic list
1. Vyshinsky A.Ya. The Marxist-Leninist Doctrine of the Court and the Soviet Judicial System: Essay Two. – M., 1934.
2. Vyshinsky A.Ya. Revolutionary legality and the tasks of Soviet defense. – M. 1934.
3. Krasnov A.V. Socialist control: the historical experience of the CPSU. – M., 1987.
4. Korkunov N.M. Russian state law, 1909. – T. 1.
5. Stuchka P. 13 years of struggle for the revolutionary Marxist theory of law. – M., 1930.
6. Symonovich Ch.E. Changes in the social and legal status of collective farmers in the post-war years // XVII Congress of the CPSU and problems of agrarian history of the USSR. – Ufa, 1984.
7. Polyansky N.N. Purpose in the criminal process, 1919.
8. Shishko L.E. Articles on the history of the Russian community. – Petrograd – Moscow, 1918.
THEORY OF GOVERNMENT AND RIGHTS
DROBYSHEVSKIY Sergey Aleksandrovich
Ph.D.in Law, professor, Head of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
KRASOVSKAYA Natalya Sergeevna
senior lecturer of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
MATVEEVA Lyudmila Semyonovna
postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
LAWMAKING AND THE APPLICATION OF LAW IN HISTORY
The authors try to evaluate two theoretical positions from a point of view of adequacy to reality. According to one law-making and application of law is present during all human history. In accordance with another law-making and application of law do not exist in primitive society.
They prove the existence of conditions that generate the law not only in civilized society but in primitive one too. On this ground the authors conclude that the law and therefore law-making and application of law is present during all human history.
Such a conclusion is illustrated by the examples of law-making and application of law in primitive society. These illustrations are given from life of three ethnic groups. They are the Cheyenne Indians of Northern America, the Kapauku Papuans of New Guinea and the Tswana of South Africa.
Keywords: law, society, history, law-making, application of law.
Reference bibliographic list
1. Hoebel E.A. The Law of Primitive Man: A Study in Comparative Legal Dynamics. – Cambridge, Massachusetts: Harvard University Press, 1954.
2. Hoebel E.A. Man in the Primitive World: An Introduction to Anthropology. second edition. – N.Y.: McGraw-Hill Book Company, Inc., 1958.
3. Llewellyn K.N. and Hoebel E. A. The Cheyenne Way. – Norman: University of Oklahoma Press, 1941.
4. Lowie R.H. Some Aspects of Political Organization Among the American Aborigines // The Journal of the Royal Anthropological Institute of Great Britain and Ireland. – Vol. 76. – No. 1/2 (1948).
5. Pospisil L. Legal Levels and Multiplicity of Legal Systems in Human Societies // The Journal of Conflict Resolution. Vol. 11.N.1. Law and Conflict Resolution (Mar., 1967).
6. Pospisil L. Social Change and Primitive Law: Consequences of a Papuan Legal Case // American Anthropologist. new series. – Vol.60. – No. 5 (Oct., 1958).
7. Drobyshevsky S.A. Introduction to the theory and history of politically organized society and law: criticism of legal anthropology by E.A. Hobel. – M.: Norma, 2022.
8. Drobyshevsky S.A. Political organization of society and law as phenomena of social evolution. – M.: Prospekt, 2021.
9. Drobyshevsky S.A. Legal regulation in primitive society: theoretical possibility and its practical implementation. – Krasnoyarsk: Sib. feder. university, 2020.
10. Llewellyn K.N., Hobel E.A. Way of the Cheyenne (extract) // Jurisprudence. – 2011. – No. 1.
11. Matveeva M.A., Shagieva R.V. Legal regulation and law-making in the legal system of society: theoretical and methodological foundations of correlation // State and Law. – 2014. – No. 12.
12. Radko T.N. Theory of Government and Rights. – M.: Prospekt, 2017. – 568 p.
THEORY OF GOVERNMENT AND RIGHTS
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of the Tobolsk Complex Scientific Station of the Ural branch of the Russian Academy of Sciences, Professor of National and universal history sub-faculty of the Novosibirsk State Pedagogical University
STATE POLICY IN THE FIELD OF CONFESSIONAL EDUCATION: HISTORICAL ASPECT AND SIBERIAN SPECIFICS (BASED ON THE MATERIALS OF THE RUSSIAN STATE HISTORICAL ARCHIVE)
This article is the next in a series of analytical materials that we have prepared to cover the activities of the Russian State in the context of regulating state-confessional relations in the Siberian region. The body of archival materials available for study has been identified and characterized. The result of the analytical study was the conclusion about the nonlinearity and multi-vector nature of state policy in the field of confessional education. The myth of the total compulsory Orthodoxy of education in the Russian Empire is debunked.
Keywords: confessional education, state policy in the field of confessional education, Russian State Historical Archive, Department of Spiritual Affairs of Non-Orthodox Confessions, confessional education in Siberia, religious education in a multi-confessional society.
Reference bibliographic list
1. Russian State Historical Archive (RGIA). F. 821. – Op. 3. – D. 870; Op. 8. – D. 12, 32, 33, 91, 145, 165, 172, 222, 223, 230, 281, 416, 445, 1204; Op. 125. – D. 262, 486, 1072, 1782.
2. Dzutsev Kh. V. Religious education in secondary schools of the republics of the North Caucasian Federal District of the Russian Federation: pluses and minuses // Mission of confessions. – 2017. – No. 25. – P. 47-58.
3. Kozyrin A. N. Religious education in the EAEU states: national and international levels of legal regulation // Yearbook of Russian educational legislation. – 2021. – T. 16. – No. 21. – S. 127-155.
4. Nabiev R. A. Religious education in a polyethno-confessional environment as a factor in the sustainable development of society // Social conflict in various normative semiotic systems. – Kazan: Institute of History of Kazan Federal University, 2012. – P. 136-140.
5. Ragimova P. F. Confessional education in Dagestan: history and modernity: dis. cand. history Sciences. – Makhachkala, 2005. – 209 p.
6. Syubareva I. F. Religious education in Russia through the prism of international legal standards // Laws of Russia: experience, analysis, practice. – 2022. – No. 2. – P. 98-102.
7. Yakunin VN Religious education, spiritual enlightenment and charity in the Samara diocese in 1851-1917. // Povolzhsky Bulletin of Science. – 2021. – No. 3 (21). – S. 16-22.
HISTORY OF STATE AND LAW
SILANTJEVA Viktoriya Aleksandrovna
Ph.D. in historical sciences, associate professor of Theory and history of state and law sub-faculty of theI. Lobachevskiy National Research Nizhny Novgorod State University
PRONINA Ekaterina Nikolaevna
senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy National Research Nizhny Novgorod State University
INFLUENCE OF INTERNATIONAL CONFERENCES ON THE DEVELOPMENT OF THE SANITARY LEGISLATION OF THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE 19TH CENTURY
The current epidemiological situation in the world has put states in a new reality. In this regard, joint activities to prevent and prevent the spread of COVID-19 are of particular importance. Therefore,
the experience of international cooperation in the second half of the 19th – early 20th centuries is of interest due to the rise in international legal activity in the fight against epidemics. The article defines the goals and causes of international cooperation, shows the participation of Russia in the work of international sanitary conferences, analyzes the impact of the adopted conventions on the national legislation of the Russian Empire.
Keywords: international cooperation, sanitary conferences, epidemics, quarantine, convention.
Reference bibliographic list
1. Complete Collection of Laws of the Russian Empire. Meeting 2nd. SPb., 1825-1881.
2. Complete Collection of Laws of the Russian Empire. Meeting 3rd. SPb., 1881-1913.
3. Charter Medical. Editions of 1905 and continued in 1912 and 1913. and legalizations on the medical and sanitary part, supplemented by article-by-article explanations of the Senate and government regulations, rules and instructions / Comp. L.A. Kolychev. Ed. unofficial. Pg.: Publishing house of the legal bookstore V.P. Anisimova, 1915. 658 p.
4. Klimenko E.P. International cooperation in the fight against cholera (1851-1894) // Uchenye zapiski Crimean Federal University. IN AND. Vernadsky. Series: "Legal sciences". 2015. No. 1. S. 262-271.
5. Norman Howard-Jones. The scientific background of the International Sanitary Conferences 1851-1938. Geneva: World Health Organization, 1975.
HISTORY OF STATE AND LAW
KULIKOVA Mariya Sergeevna
postgraduate student of the 3rd year of study, lecturer of the St. Petersburg State University
THE FAIRNESS OF A JUDICIAL DECISION IN SOCIOLOGICAL JURISPRUDENCE
The article deals with the issue of new approach to judicial methodology from the point of view of free law school, namely the ideas of Hermann Kantorowicz (1877-1940), one of the founders of this sociological movement in law. In his attempt to answer the eternal question of the fairness of judicial decision, Kantorowicz criticizes the imperfection of the formal-logical method. It is noted that in a desire to avoid the ridiculousness of the results of a literal interpretation of the law, the courts have fallen into an uncontrolled judicial discretion and the application of legal abstractions. This has required a new methodological solution from theory. The sociological approach of the free law school, expressed in a reorientation from form to content, still allows a different perspective on the maxim "treat like cases alike and different cases differently" which has long been rooted in the minds of lawyers.
Keywords: judicial methodology, free law, judicial discretion, sociological jurisprudence, H. Kantorowicz, public interest, formal-logical method, interpretation, justice.
Reference bibliographic list
1. Adygezalova G.E. Sociological jurisprudence of the United States in the 20th century: the formation of doctrine, the development and improvement of the rule of law. – St. Petersburg: Legal Center-Press, 2012.
2. Antonov M.V. Eugen Ehrlich: Living Law versus Legal Pluralism? // Jurisprudence. – 2013. – No. 1 (306).
3. Bacon F. New Atlantis: Experiences and instructions moral and political / Otv. ed. F. Kogan-Bernstein; per. Z.E. Alexandrova. – M .: Publishing house of the Academy of Sciences of the USSR, 1954.
4. Weber M. Political work 1895-1919 / Per. with him. B.M. Skuratov; post-last T.A. Dmitriev. – M.: Praxis, 2003.
5. Karapetov A.G. The struggle for the recognition of judicial law-making in European and American law. – M.: Statute, 2011.
6. Lapaeva V.V. Sociology of law. History and Modernity // Sociological Research. – 2008. – No. 6.
7. Savigny F.K. background The system of modern Roman law: in 8 volumes / Friedrich Karl von Savigny; ed. O. Kutateladze and V. Zubar; per. with him. G. Zhigulina; Law Research Center. Savigny. – Moscow: Statute, 2011. – T. 1.
8. Timoshina E.V., Kraevsky A.A., Salmin D.N. Methodology of Judicial Interpretation: Weighting Tools in a Situation of Human Rights Competition // Bulletin of St. Petersburg State University. – 2015. – Series 14. – No. 3.
9. Hart G.L.A. The concept of law / under the general. ed. E. V. Afonasina, S. V. Moiseeva; per. from English. E.V. Afonasina and others. – St. Petersburg: Publishing House of St. Petersburg University, 2007.
10. Steinberg I.Z. What is the “Free Law Movement”?: (Law and Judge): report, chit. in Moscow. legal about-ve. – M.: Type. Pomansky and Zapolsky, 1914.
11. Flavius G. Der Kampf um die Rechtswissenschaft. – Heidelberg: Carl Winter, 1906. – [Electronic resource]. – Access mode: http://www.gleichsatz.de/b-u-t/can/rec/gnaeus_flavius.html (Accessed 06/01/2022).
12. Kantorowicz H. Some Rationalism about Realism // Yale Law Journal. – 1934. – Issue 8. – Vol. 43.
13. Kantorowicz H. Rechtswissenschaft und Soziologie: in Verhandlungen des 1. Deutschen Soziologentages vom
19. bis 22. Oktober 1910. – Frankfurt am Main: Sauer u. Auvermann, 1910. – [Electronic resource] – Access mode: https://nbn-resolving.org/urn:nbn:de:0168-ssoar-187924 (date of access: 06/01/2022).
CONSTITUTIONAL LAW
ABAKAROV Gadzhi Alievich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
SAYBULAEVA Saida Akhmedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
THE RIGHT TO LIFE AS THE BASIS OF THE CONSTITUTIONAL AND LEGAL STATUS OF THE INDIVIDUAL
This article analyzes the fundamental natural right of every person – the right to life. The study is conditioned by the fact that the right to life is recognized as the main and primary constitutional right that requires proper legislative consolidation and regulation of its provision and protection. In the course of writing the article, general scientific and private scientific research methods were used, which made it possible to analyze and summarize the materials collected by the author from various sources related to the subject of the study. The evaluation of various approaches in determining the moment of the beginning of human life is given. The author comes to the conclusion that before the birth of a person, no rights can be recognized for him, since the recognition of even one right presupposes the existence of legal capacity, which arises exclusively after birth.
Keywords: the right to life, the constitutional and legal status of the individual, the moment of birth, human rights.
Reference bibliographic list
1. Pochepko A. I., Timoshenko I. V. Constitutional and legal status of personality in Russia: concept, composition, structure and features // Bulletin of the Taganrog Institute of Management and Economics. – 2018. – No. 1. – S. 28-31.
2. Ignatiev A. Yu. The concept of the constitutional and legal status of the individual in the Russian Federation // Pravovestnik. – 2018. – No. 1. – S. 67-69.
3. Constitutional law: university course in 2 volumes // AI Kazannik. T. 1. 2015. – M: Prospect, 397 p.
4. Gnezdilova Ya. A. The right to life: concept, legislative consolidation, legal guarantees of protection // Law and order: priority directions of development. – 2019. – No. 82-87.
CONSTITUTIONAL LAW
ARKHIPKINA Anastasia Sergeevna
Ph.D. in economical sciences, associate professor of General theoretical and state-legal disciplines sub- faculty of the East Siberian branch of the Russian State University of Justice
KOVALENKO Alina Vitaljevna
magister student of the 1st course of the East Siberian branch of the Russian State University of Justice
THE RIGHT TO FREEDOM OF ENTREPRENEURIAL ACTIVITY: THE SCOPE OF ITS IMPLEMENTATION UNDER RESTRICTIONS
The article examines the constitutional right to freedom of entrepreneurial activity, its features, as well as the problems of implementation associated with restrictions on the rights of business entities introduced for constitutionally significant purposes.
The author provides examples of classification of existing restrictions formed by inspiring the actions of both the state itself, business entities, and external environmental factors. The influence on the volume of realization of the right to freedom of entrepreneurial activity is investigated, their negative and positive characteristics are revealed, illustrated by examples.
Attention is drawn to the actualization of the issue under consideration related to temporary restrictions (and their subsequent relaxation) due to the deterioration of the epidemiological situation in the country, as well as the aggravated political situation on the world stage.
As a result of the research, the ways of improving the system of implementation and protection of the constitutional right to freedom of entrepreneurial activity are given.
Keywords: constitutional law, freedom of entrepreneurship, entrepreneurial activity, implementation, restrictions, COVID-19, geopolitical situation, sanctions.
Reference bibliographic list
1. Kravchenko L.V. Restrictions on entrepreneurial activity: features of Russian legislation // Bulletin of the University. – 2014. – No. 20. – P. 1.
2. Sherin V.V. Separate aspects of establishing restrictions on civil rights of subjects of property turnover // VestnikMGOSGI. – 2014. – No. 4. -S. 39-41.
3. Grishchenko L.L., Korabelnikova Yu.L. The right to freedom of entrepreneurial activity and problems of its implementation in Russia // Lawyer. – 2018. – No. 4. – P. 4.
CONSTITUTIONAL LAW
BAKHILINA Alyona Konstantinovna
student of the 4th course of the educational program "Jurisprudence" of the Faculty of Law of the National Research University "Higher School of Economics", Nizhny Novgorod
CODIFICATION OF ENVIRONMENTAL LEGISLATION: PROSPECTS AND PROBLEMS OF IMPLEMENTATION
Environmental legislation is one of the most extensive branches of Russian legislation, and the problem of its codification has been acute for many years. However, the question of the necessity of adoption and the concept of the Environmental Code of the Russian Federation is still debatable. In the article the problems and prospects of codification of the Russian environmental legislation are considered. The comparative-legal analysis of the French experience of systematization of environmental legislation is presented. Priority tasks of the future Ecological Code of the Russian Federation are stated.
Keywords: legislation, codification, environmental legislation, Environmental Code.
Reference bibliographic list
1. Bogolyubov S.A. Problems and objectives of the Environmental Code // Ecological Law. – 2010. – No. 6. – P. 15-21.
2. Bogolyubov S.A. Ecological law: textbook / ed. S. A. Bogolyubova. – 2nd ed., revised. and additional – M .: Yurait Publishing House, 2011. – 482 p.
3. Brinchuk M.M., Rednikova T.V. Swedish Environmental Code // Environmental Law. – 2010. – No. 6. – P. 36-39.
4. Golichenkov A.K. The concept of the Environmental Code of the Russian Federation: The main provisions of modernity // Modern environmental law in Russia and abroad. – 2001. – No. 19. – S. 19-28.
5. Ignatieva I.A. Codification of environmental legislation: modern problems and conditions of application // Ecological law. – 2008. – No. 1. – P. 16-19.
6. Kalinichenko V.T. Environmental Code of France // Environmental Law. – 2010. – No. 6. – P. 44-46.
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CONSTITUTIONAL LAW
VEDMANOVA Ekaterina Valerjevna
student of the Institute of State Law and National Security of the Baikal State University
NIKEROV Dmitriy Mikhaylovich
associate professor of legal support of national security sub-faculty of the Institute of State Law and National Security of the Baikal State University
THE RIGHT TO SPORT: FROM DECLARATIONS TO IMPLEMENTATION
Physical exercise, sport and movement are an essential part of everyone's life. Man is by nature an active being, but whereas in the past this helped him to survive, nowadays everyone is free to choose his own way of life. Over the past two centuries, major sporting events such as the Olympics, world championships, and World Cup events in winter and summer sports in various countries have been increasingly resonating around the world, raising interest in sport among people of all ages. However, the question of the legal regulation of this right in different periods of time and the enforcement of the right to sport now remains equally important and interesting.
Keywords: sport, human rights, right to sport, constitutional regulation, comparative analysis.
Reference bibliographic list
1. Ignatenko V.V., Petrov A.A. Features of the final decisions of the Constitutional Court of the Russian Federation on cases of interpretation of the Constitution of the Russian Federation // Academic legal journal. – 2018. – No. 4 (74). – S. 14-20.
2. Lavygina I.V. The illusory nature of certain constitutional provisions in penology // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1. – P. 97-103.
3. Leonova S.V. The constitutional principle of social solidarity as a basis for the consolidation of Russian society and the state // Bulletin of the Baikal State University. – 2021. – T. 31. – No. 4. – S. 562-567.
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8. Yakimova E.M. On the issue of the fundamental nature of entrepreneurial activity as a scientific category // Baikal Research Journal. – 2018. – T. 9. – No. 1. – P. 1.
CONSTITUTIONAL LAW
ASHITKO Maria Valerjevna
competitor of the National Center of Legislation and Legal Research of the Republic of Belarus
THE RIGHT OF THE CHILD TO LIFE AS AN ELEMENT OF THE CONSTITUTIONAL PROVISIONS THAT DETERMINE THE DEMOGRAPHIC POLICY OF THE REPUBLIC OF BELARUS
The article deals with the problematic issues of the constitutional provisions on the child’s right to life as a special form of the biological existence of matter, which is one of the important elements of the demographic policy of the Republic of Belarus. The opinions of lawyers, as well as scientists from other fields of scientific activity on the right of a child to life from the moment of conception, the fetal period and his birth, were studied and discussed. The analysis of the compliance of the norms of the current legislation of the Republic of Belarus and the norms of international law was carried out, ways of improving the legal support regarding the protection of the child's right to life in the conditions of public and social reality of the Republic of Belarus were determined.
Keywords: the child's right to life, Constitution of the Republic of Belarus, civil, labor, criminal legislation of the Republic of Belarus.
Reference bibliographic list
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CONSTITUTIONAL LAW
MALLALIEVA Gulnara Huseynovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMS OF REALIZATION OF THE CONSTITUTIONAL RIGHT TO FREEDOM OF SPEECH IN THE ACTIVITIES OF THE MEDIA IN THE TERRITORY OF THE RUSSIAN FEDERATION
Analyzing the provisions of the current legislation on freedom of speech in the activities of the media, the author comes to the conclusion that the constitutional right to freedom of speech is not absolute and certain restrictions are established to preserve national security and the constitutional order of the country. So, in the light of recent events, the so-called law “On fakes” came into force. Guided by this law, amendments were made to the Criminal Code of the Russian Federation, in terms of criminal liability for disseminating false information, for publicly discrediting the Armed Forces of the Russian Federation, etc. In addition, speaking about some restrictions on freedom of speech in the media, we can say that the freedom of speech as a whole is an indicator of the democratic nature of the model of the state-political structure. However, due to various reasons of the objective and subjective nature of the mass media are not absolutely free and independent in their activities.
Keywords: Media, freedom of thought, freedom of speech, journalist, right to information.
Reference bibliographic list
1. Vorobieva O.K. The right to freedom of speech in the information society: problems and prospects // In the collection: Actual problems of law, economics and management. – 2021. – S. 229-230.
2. Commentary on the Constitution of the Russian Federation / Ed. V.D. Zorkin and L.V. Lazarev. – M.: Eksmo, 2009. – 1056 p.
3. Bondarik E.V. The Constitutional Principle of Freedom of Speech: Media Regulation Practices in Modern Russia // Social Sciences and Modernity. – 2019. – No. 3. – S. 123-134.
4. Ivliev P.V., Anan'eva E.O. Mass media as the fourth branch of power // Law and Law. – 2021. – No. 1. – S. 50-52.
5. Mezhidov M.-A. D., Mutsalov Sh.Sh. Constitutional and legal foundations of media freedom in the Russian Federation // Modern Science. – 2019. – No. 10-1. – S. 156-160.
6. Polkanova T.V. Restrictions and prohibitions in the media. Legal restrictions on media freedom: necessity and limits // Collection of articles of the VIII All-Russian scientific and practical conference dedicated to the 70th anniversary of the Penza State Agrarian University. – 2021. – S. 90-94.
7. “On the Mass Media”: Law of the Russian Federation of December 27, 1991 No. 2124-1. [Electronic resource]. – Access mode: SPS "ConsultantPlus" (date of access: 03/06/2022).
8. Bykova T.N. Freedom of speech in the media under the conditions of modern legislation and the media market in Russia // Bulletin of the Chelyabinsk State University. – 2009. – No. 39. – S. 26-28.
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10. Kadochnikov P.A. Freedom of speech in the media // Proceedings of the XIV All-Russian December Legal Readings in Kostroma: All-Russian Scientific and Practical Conference. – 2018. – S. 184-187.
CONSTITUTIONAL LAW
ALI JIHAD Ammar Raad
postgraduate student of the Peoples Friendship University of Russia
ISSUES OF SHARIA AND CONSTITUTIONAL NORMS INTERACTION IN THE REPUBLIC OF IRAQ: AD DELIBERANDUM
In the article, the author analyzes the correlation of sharia norms with the norms of the constitutional law of the Republic of Iraq, comparing the current legal regime of religious prescriptions with Iraq neighboring states. The article dwells upon the provisions of the 2005 Constitution of Iraq concerning the definition of the legal status of Sharia in the legal field of Iraq, reveals several obscure provisions and internal contradictions of the text of the Constitution, having positive conclusion on relative effectiveness of the Sharia norms and declared democratic principles combination. In the first part, the author analyzes in detail the provisions of Art . 2 of the 2005 Constitution of Iraq, where “Islamic law” is enshrined as one of the sources of law. The author’s attention was also attracted by the fact that Islam itself as a religion, and therefore an independent social regulator, in the Constitution was replaced by Islamic law as a special legal system. To further determine the legal status of Sharia in the Iraqi statehood, the author refers to the practice of the highest judicial instance of the Republic of Iraq, which has already dealt with cases of founding unconstitutional several acts which contradicted the literal wording of the Koran.
Keywords: Republic of Iraq, Sharia, Islam.
Reference bibliographic list
1. Zaid Al-Ali, Yussef Aur. The Iraqi Constitution: Analysis of the Controversial Articles. Solutions and Recommendations. 1st edition // Friedrich-Ebert-Stiftung Jordan & Iraq. – 2020.
2. Intisar A.Rabb. "We the Jurists": Islamic Constitutionalism in Iraq // Journal of Constitutional Law. – Vol. 10:3.
3. McDonough P. Human Rights Commitments of Islamic States. Sharia, Treaties and Consensus. – New York: Hart Publishing Bloomsbury Publishing Plc. – 2020.
4. Hansen F. The Iraqi Constitution: Upholding Principles of Democracy While Struggling to Curtail the Dangers of an Islamic Theocracy // Roger Williams University Law Review. – Vol. 12.
5. Haider A. Hamoudi. Religious Minorities and Shari'a in Iraqi Courts // Boston University International Law Journal. – 2013. – Vol. 31:387.
6. Ashley S. Deeks, Matthew D. Burton. Iraq's Constitution: A Drafting History // Cornell International Law Journal. – 2007. – Vol. 40.
7. Kawa A. Sherwanila, Abdullah O. Yassenb, Ayad Y.
H. Kokhac. Minorities in Iraqi Constitution: A Critical Analysis of the Legal Discourse // Turkish Journal of Computer and Mathematics Education. – 2021. – Vol. 12.
CONSTITUTIONAL LAW
BELOUSOV Viktor Pavlovich
postgraduate student of the Saint-Petersburg University of Management Technologies and Economics
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economic sciences, professor of the Saint-Petersburg University of Management Technologies and Economics
CONSTITUTIONAL AND LEGAL FRAMEWORK FOR THE ORGANIZATION AND ACTIVITIES OF LOCAL GOVERNMENT BODIES IN THE RUSSIAN FEDERATION AND IN THE CIS MEMBER STATES
The purpose of the article is to study the constitutional and legal foundations for the organization and activities of local governments in the Russian Federation and in the CIS member states. The tasks include reviewing the current state and key problems of the development of local governments in the Russian Federation and in the CIS member states, as well as offering recommendations for their improvement. The object of the study is local governments in the Russian Federation and in the CIS member states. The subject of the study is the processes of development of local governments in the Russian Federation and in the CIS member states. It is determined that the system of local self-government of each individual post-Soviet state functions within a certain political culture and traditions, its features are determined by many, sometimes imperceptible factors related to the surrounding socio-political environment, therefore it is impossible to give an unambiguous assessment of a particular system of local self-government, even within its characteristic political and administrative context; it is even more difficult to determine how it will operate and function when it is transferred and implemented in our state.
Keywords: constitutional and legal foundations, organizations, system of local self-government bodies, Russian Federation, CIS.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020).
2. Federal Law No. 131-FZ of October 6, 2003 (as amended on July 1, 2021) “On the General Principles of Organizing Local Self-Government in the Russian Federation” (as amended and supplemented, effective from September 30, 2021).
3. E. K. Abil, A. B. Kosherbaeva, M. A. Abisheva, A. E. Aldiyarova, L. N. Burlakov, A. S. Esengeldina, E. K. Zharov, and M. B. Kadyrova, Karamalaeva Z.T., Marmontova T.V., Medeuov Zh.K. The evolution of public administration in the countries of the post-Soviet space. Republic of Kazakhstan // Public Service. 2021. – No. 1 (129). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evolyutsiya-gosudarstvennogo-upravleniya-v-stranah-postsovetskogo-prostranstva-respublika-kazahstan (date of access: 05/17/2022).
4. Akmataliev A.A., Abdyramanova Ch.Sh. The evolution of public administration in the countries of the post-Soviet space. Kyrgyz Republic // Public Service. – 2021. – No. 4 (132). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evolyutsiya-gosudarstvennogo-upravleniya-v-stranah-postsovetskogo-prostranstva-kyrgyzskaya-respublika (date of access: 05/17/2022).
5. Kallagov T.E. State concept of development of municipal service in the system of local self-government in the Russian Federation // Education and Law. – 2022. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennaya-kontseptsiya-razvitiya-munitsipalnoy-sluzhby-v-sisteme-mestnogo-samoupravleniya-v-rossiyskoy-federatsii (date of access: 05/17/2022).
6. Kallagov T.E. Organization of municipal service in the Russian Federation // Education and law. – 2021. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-munitsipalnoy-sluzhby-v-rossiyskoy-federatsii (date of access: 05/17/2022).
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9. Pirozhkova I.G., Popov A.M. The right to self-government: an international fixation of the definition // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (91). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-na-samoupravlenie-mezhdunarodnaya-fiksatsiya-definitsii (date of access: 05/17/2022).
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CONSTITUTIONAL LAW
GARABEYLI Tahira Mustafaevna
doctoral student of the Academy of Public Administration under the President of the Republic of Azerbaijan, researcher at the University of Cologne (DAAD scholarship holder) and the Humboldt University of Berlin (Berlin parliament scholarship holder), head of the Department of Law, Human Resources and Documentation of the Primorsky Boulevard Administration of the Republic of Azerbaijan
DEFINITION OF CHILD ABUSE AND LEGAL AND RELATED REMEDIES AS PREVENTIVE MEASURES AGAINST IT
Child abuse is the phenomenon, which occurs and exists in every part of the world, independent of cultural, religious traditions or economic indicators. These factors may somehow affect or have an influence over the growth or spreading of child abuse, but basically violence over the unprotected ones can be seen in poor countries, as well as the economically developed ones. Historical approach to the issue leads us to the art of the ancient Greek and Rome and to the laws of Babylon and shows us that there were always (like today) two kinds of attitude towards the children: as the sexual objects and as the children. The author investigates and juxtaposes the psycho- scientific facts with the legal understanding of child abuse and tries to create an image of the conditions and circumstances in which such atrocities occur. Children who were subjected to violence can very rarely recover from the psychological traumas and their lives can never be the same again. The duty of law is not only the defense of every little one, especially who are jeopardized by violence, but also the prevention of as many children as possible from the supposed risk of abuse. Social workers, schools, guardianship authorities, even religious institutions must work together for the purpose of making of this world to be a better place for children.
Keywords: child abuse, child trafficking, pedophilia, signs of violence against a child, safe shelters.
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30. Straus M A, Manual for the Conflict Tactics Scales, Durham N H, Family Research Laboratory, University of New Hampshire, 1995.
31. Straus M A, Measuring intrafamily conflict and violence: the Conflict Tactics (CT) Scales, Journal of Marriage and the Family, 1979, 41: 75–88.
32. Straus M A, Gelles R J, ed, Physical violence in American families: risk factors and adaptations to violence in 8,145 families, New Brunswick, NJ, Transaction Publishers, 1990.
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34. The new Oxford companion to Law, Edited by Peter Cane, Joanne Conaghan, Oxford University Press, 2008.
35. Trowell J et al, ‘Behavioral psychopathology of child sexual abuse in schoolgirls referred to a tertiary centre: a North London study, European Child and Adolescent Psychiatry’, 1999, 8: 107–116.
36. Walsh C, MacMillan H and Jamieson E, ‘When is sexual abuse relevant to bulimic disorders? The validity of clinical judgments’ (2002), European Eating Disorders Review, 1 (3), 143-151.
37. Wolfe D A, ‘Child abuse: implications for child development and psychopathology’, 2nd ed, Thousand Oaks, CA, Sage, 1999.
CONSTITUTIONAL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy 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
FEATURES OF THE STAGES OF THE LEGISLATIVE PROCESS IN FOREIGN COUNTRIES
The article discusses the stages of the legislative process in foreign countries. Foreign legislative features are studied, specific examples are given, enshrined in the basic laws of foreign countries, concerning the rules and procedures for adopting laws at various stages. A large volume of foreign constitutional legislation is analyzed. The importance of research and scientific understanding of
the legislative process in foreign countries is updated from the standpoint of practical use, the search for flaws, shortcomings and advantages. The interrelation of legislative features with the form of government, the right of legislative initiative and the political regime of a particular state is considered.
Keywords: legislative process, foreign countries, stages of the legislative process, lawmaking, creation of laws.
Reference bibliographic list
1. Drinking M.V. Strategic planning in ensuring the effectiveness of lawmaking // Journal of Russian Law. – 2018. – No. 3. – S. 43-53.
2. Yugov A.A. The structure of the legislative process as an integral system // Russian Law: Education. Practice. The science. – 2018. – No. 5. – S. 55-64.
CONSTITUTIONAL LAW
PETROV Denis Georgievich
magister student of the M. K. Ammosov North-Eastern Federal University
ILJINA Olga Yurjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the M. K. Ammosov North-Eastern Federal University
TO THE QUESTION OF THE BEGINNING AND CONTENT OF THE RIGHT TO LIFE
The article considers the norms of international as well as constitutional law of a number of countries, proclaiming the human right to life. The similarities and differences in the interpretation of the concept of the right to life are analyzed, different approaches to the constitutional and legal content of the right to life are investigated. The authors explore topical issues related to the moment when a person has the right to life. It is considered how the norms of international law on actually permissible restrictions on the right to life are reflected in national legal systems. The analysis of current trends in expanding the content of the right to life is carried out.
Keywords: the right to life, the content of the right to life, the realization of the right to life, the obligations of the state to protect human rights, the protection of the right to life.
Reference bibliographic list
1. Dragana Ćorić. Right to life, whatever life is // Yearbook. human rights protection. right to life. – No. 4. – P. 55-65.
2. Klyga T.V. The historical aspect of the emergence and formation of the right to life in the ancient world and during antiquity // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 36.
3. Romanovsky G.B. Theoretical problems of the human right to life: constitutional and legal research: author. dis. … doc. legal Sciences: 12.00.02. – Penza, 2006. – P. 4.
4. Pasmarnova V.E. On the issue of the concept of the right to life // Electronic scientific journal "Science. Society. State". – 2014. – No. 4.
5. Selikhova O.G. Constitutional and legal problems of the implementation of the right of individuals to freedom and personal integrity // Dis. cand. legal Sciences: 12.00.02. – Yekaterinburg, 2002. – S. 205.
6. Tanaev V.M. The right to die // Bulletin of the State University, Yekaterinburg. – 2016. – No. 1. – P. 6.
CONSTITUTIONAL LAW
SOODONBEKOV Artur Amanturovich
adjunct of the 3rd Faculty of Training of Scientific and Pedagogical Staff of the Academy of Management of the MIA of Russia
NOVELTIES OF THE KYRGYZ REPUBLIC ELECTORAL LEGISLATION
The article discusses the issues of improving the electoral system in the Kyrgyz Republic, its further development in connection with the new Constitution of the Kyrgyz Republic in 2021. It is shown that the introduction of preferential voting along with the mixed electoral system in the Kyrgyz Republic is a new step in the development of the electoral system, which is still at the stage of transformation.
Keywords: voters, electoral associations, improvement of electoral legislation, electoral system, elections, Parliament.
Reference bibliographic list
1. Abazov A.S. The genesis of the electoral system of the Republic of Kyrgyzstan as a state – a member of the CIS in the post-Soviet period // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. No. 5. M., 2015. S. 47.
2. Bolshakov S.V., Evlanov I.A., Imanbaev S.I., Ishenko E.P., Zulpiev B.R. Orozaliev T.O. Electoral legislation of the Kyrgyz Republic. Uch. allowance. Bishkek, 2001.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
PUBLIC LIABILITY: CONCEPT AND FEATURES
The article analyzes scientific approaches and reveals the theoretical and legal prerequisites for the formation of the institute of “public legal responsibility” within the framework of the basic concept of “legal responsibility”. On the basis of the conducted research, the essence and features of public liability within the framework of modern legal reality are revealed, and the author’s definition of the category of “public liability” is also derived.
Keywords: legal responsibility; public legal responsibility; features of public legal responsibility.
Reference bibliographic list
1. Kuzmin I.A. Specifics of public liability // Lex Russica. – 2017. – No. 6 (127). – S. 39-50.
2. Umnova I.A. Constitutional foundations of modern Russian federalism: dis. doc. legal Sciences: 12.00.02 // Moscow State Law Academy. – Moscow, 1997. – 398 p.
3. Yatsenko O.V. The Institute of Legal Responsibility in Public Law: Theoretical Aspects // Philosophy of Law. – 2007. – No. 2. – P. 35.
4. Runets S.V. Public law responsibility of the head of state // Business in law. – 2010. – No. 3. – S. 11-12.
5. Butakova N.A., Pirozhkova N.P. Legal responsibility: concept, types // Scientific works of the North-Western Academy of Public Administration. – 2012. – T. 3. – No. 1 (50). – S. 251-265.
6. Prokopovich G.A. Theoretical model of legal liability in public and private law: author. diss. … doc. legal Sciences 12.00.01 / NOU VPO "Legal Institute" (St. Petersburg), 2010. – 62 p.
7. Skrebneva N.A. Legal responsibility in public and private law: issues of theory and practice: diss. … cand. legal Sciences 12.00.01 / NOU VPO "Moscow Institute of Public Administration and Law (MIGUP)". – M., 2018. – 189 p.
8. Rudenko A.V. Compliance with the principles of proportionality of punishment and individualization of punishment when bringing to administrative responsibility // Academic Bulletin of the Rostov Branch of the Russian Customs Academy. – 2016. – No. 4 (25). – S. 77-81.
9. Buts S.B., Evsikova E.V. On the issue of reforming administrative-tort legislation and the legislative definition of the concept of "administrative responsibility" // Eurasian legal journal. – 2020. – No. 5 (144). – S. 154-156.
ADMINISTRATIVE LAW
KULAKOV Nikolay Andreevich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the St. Petersburg University of the MIA of Russia
TEMNIKOV Alexey Yurjevich
Ph.D. in Law, associate professor, associate professor of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ERMOLAEV Vyacheslav Gennadjevich
associate professor of administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
REGULATION OF PUBLIC RELATIONS IN THE FIELD OF NOTARY: PUBLIC-LEGAL ASPECT
The study is devoted to topical issues of improving public administration and administrative and legal regulation in the field of notary. The subject of the study was the norms of administrative and administrative-procedural law governing relations in the field of notary organization. The work uses a formal-logical method, comparative-legal methods, the method of statistical analysis. During the study, a number of proposals were formulated to improve administrative and legal regulation in the field of notary.
Keywords: notary, public law regulation, administrative and legal regulation, justice.
Reference bibliographic list
1. Klyachin E.N. The constitutional guarantee of everyone on the receiving endThe formation of qualified legal assistance is impossible without a more complete use of the potential of the notaries // Notaries, state power and civil society: current state and prospects. – M., 2007. – S. 14-19.
2. Cheremnykh I.G. Formation of an independent notary in Russia as an institution for the implementation of law enforcement activities: dis. … doc. legal Sciences. – M., 2007. – S. 132-136.
3. Chernikov A.E. Legal nature of notaries in modern Russia // Management of social and economic systems. – 2009. – No. 1. – S. 1-9.
ADMINISTRATIVE LAW
IGNATJEVA Irina Valentinovna
Ph.D. in economical sciences, associate professor of General theoretical and state legal disciplines sub-faculty of the East-Siberian branch of the Russian State University of Justice
ZEDGENIZOVA Irina Ivanovna
Ph.D. in economical sciences, associate professor of Economics and digital business technologies sub-faculty of the Irkutsk National Research Technical University
KIRILCHIK Elena Valerjevna
lecturer of General theoretical and state legal disciplines sub-faculty of the East-Siberian branch of the Russian State University of Justice
FEATURES OF THE FORMATION OF LEGAL CONSCIOUSNESS IN THE BUSINESS ENVIRONMENT
This article examines the features of the formation of the legal consciousness of entrepreneurs as the most important factor in building a market economy in the Russian Federation. The issues of the formation of legal consciousness both in society as a whole and in its constituent social groups are especially acute in times of systemic crises, the onset of which, by all indications of the current geopolitical and international and domestic economic situation, is expected very soon. The author considers the legal consciousness of entrepreneurs as a social group that plays a significant role in the Russian economy. The paper examines both national and international experience of the influence of various external and internal conditions on the formation of entrepreneurial legal consciousness. Taking into account the above experience, proposals were made to improve regulation, the purpose of which is to form a legal consciousness that satisfies the interests of the state and society. The author has developed a thesis about the anti-crisis legal awareness of entrepreneurs, which can be a worthy response to the problems that arise in society during periods of economic crises.
Keywords: legal awareness, entrepreneurs, public policy, legal responsibility, benefits and preferences.
Reference bibliographic list
1. Marchenya P.P., Strelkova N.V. Law and turmoil: Mass legal consciousness in the context of the formation and overcoming of systemic crises in Russia // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – S. 251-253.
2. Marchenya P.P., Strelkova N.V. Russian Marxism and mass legal consciousness in Russia: a meeting of philosophy and law in the context of systemic crises of the state and society // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (45). – S. 289-290.
3. Omae K. Features of doing business in Japan. – [Electronic resource]. – Access mode: https://sweetbusiness.ru/index/htm/business-2/yaponskij-biznes.
4. Russia and the global crisis of modernity: materials of the interdepartmental round table // Philosophical research and modernity: Issue. 10. – Moscow: IPL, 2021. – S. 202-255.
5. Salnikova O.Yu. Comparative analysis of the features of the legal consciousness of persons engaged in entrepreneurial activity, on the example of Japan and Russia // Young scientist. – 2014. – No. 6 (65). – S. 573-575.
6. Tikhomirov Yu.A. Legal consciousness in conditions of social dynamics // State and law. – 2020. – No. 3. – P. 37-41.
7. FAS recalled the inadmissibility of creating an artificial shortage of sugar. – [Electronic resource]. – Access mode: https://www.rbc.ru/rbcfreenews/6222764c9a79474925d4cee8.
8. Shagimardanov A.R. The influence of Islamic ethics and Russian law on the formation of legal consciousness and legal culture of Muslim entrepreneurs // Power of Law. – 2020. – No. 1 (41). – S. 183-191.
ADMINISTRATIVE LAW
MALAEV Azret Husenovich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
KARACHAEV Aslan Ruslanovich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, captain of police
TO THE QUESTION OF THE SUBJECT OF LEGAL REGULATION OF ADMINISTRATIVE LAW
Administrative law is one of the main regulators of public relations, affecting almost all spheres of activity of state bodies, officials and citizens. The management activities of state bodies are closely related to administrative law. Administrative law studies not only the norms of the administrative legislation of Russia, but also the relevant public relations regulated by them. according to statistics,
administrative law or administrative-legal activity affects up to 80-90 percent of the activities of public authorities.
Keywords: Administrative law, concept of administrative law, subject, branch, rule of law.
Reference bibliographic list
1. Abdullaeva I.G. The place of administrative law in the legal system // Modern scientific research and development. – 2017. – No. 8 (16). – S. 24-26.
2. Abdullina A.M. Administrative and legal norms in the legal system of Russia // Alley of Science. – 2018. – T. 1. – No. 5. – S. 711-715.
3. Abrahamyan A.G. Development and improvement of administrative practice as a source of administrative law in the context of administrative reform in Russia // Law and State: Theory and Practice. – 2017. – No. 3 (147). – S. 138-142.
4. Bondarenko V. Conditions for the effectiveness of the application of administrative and legal norms // Bulletin of the National University "Lviv Polytechnic". Series: Legal Sciences. – 2016. – No. 855 (12). – S. 32-37.
ADMINISTRATIVE LAW
MOSKALENKO Stanislav Aleksandrovich
Ph.D. in Law, senior lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
LYSTCEV Boris Sergeevich
lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
TKACHUK Valentina Nikolaevna
senior lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
DMITRIEVA Natalya Vladimirovna
lecturer of Administrative activity of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
THE USE BY TRAFFIC POLICE OFFICERS OF MEASURES TO ENSURE THE PRODUCTION OF CASES OF ADMINISTRATIVE OFFENSES IN THE FIELD OF ROAD SAFETY WITHOUT THE PARTICIPATION OF WITNESSES: TO THE QUESTION OF THE POSSIBILITY OF USING VIDEO RECORDINGS IN THE ABSENCE OF WITNESSES
In the article, the authors present an analysis of the activities of employees of the State Traffic Inspectorate to ensure the production of cases of administrative offenses in the field of road safety without the participation of witnesses, taking into account the existing problematic aspects regarding the use of video recordings in the absence of witnesses. The authors propose possible ways to solve the identified problems, as well as ways to improve the current legislation on the profile of the chosen problem.
Keywords: administrative offenses, traffic safety, video surveillance, witnesses, state road safety inspectorate.
Reference bibliographic list
1. Tsupko V.A. Administrative-legal and organizational bases of public order protection tactics: dis. cand. legal Sciences. – M., 2003.
2. Vologdin E.I., Kovalgin Yu.A., Glasman K.F. Recording audio and video signals: a textbook for universities. – M.: Academpress, 2010.
3. Anikin I.A. Participation of attesting witnesses in the application by the road patrol service of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia of measures to ensure proceedings in cases of administrative offenses // Administrative Law and Process. – 2015. – No. 7.
4. Bagautdinov F.N. The institution of witnesses: to improve, not to abolish // Legitimacy. – 2012. – No. 4.
5. Milenin Yu.N. Audio and video documents as evidence in criminal proceedings: author. dis. … cand. legal Sciences. – M., 2009.
ADMINISTRATIVE LAW
PONOMAREV Aleksandr Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
RUSANOVA Svetlana Yurjevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
ON THE PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE AND JURISDICTIONAL COMPETENCE OF ADMINISTRATIVE COMMISSIONS
The article analyzes the features of the legal, organizational and competence basis of the activities of administrative commissions. The problematic issues arising in the process of functioning of municipal bodies of administrative jurisdiction are identified, as well as possible ways of solving them are formulated.
Keywords: administrative commission, administrative jurisdiction, commission on juvenile affairs and protection of their rights, local administration, local self-government bodies.
Reference bibliographic list
1. Solovey Yu.P. Russian legislation on administrative responsibility needs to be improved // Bulletin of the University. O.E. Kutafin (MSUA). Issue: Administrative law and process. – 2014. – No. 2. – P. 56-63.
2. Taibova O.Yu. Legal Status of the Commission on Juvenile Affairs and Protection of Their Rights: Problems and Prospects // Lex russica. – 2015. – No. 1. – P. 59.
3. Khodukin D.V., Aulov V.K. Administrative commissions of municipalities of the Trans-Baikal Territory: results and problems of activity // State power and local self-government. – 2016. – No. 8. – P. 32-37.
4. Sukharevsky I.A. Problematic issues of determining the competence of the constituent entities of the Russian Federation in the draft Code of the Russian Federation on Administrative Offenses // Journal of Russian Law. – 2017. – No. 10. – S. 71-80.
5. Suponina E.A. On some problems arising in the activities of the commission on minors and the protection of their rights when considering cases of administrative offenses // Innovative science. 2016. No. 3. – S. 85-87.
6. Ponomarev K.A. Administrative commissions in municipalities: problems of regulation and organization of activities: author. dis. … cand. legal Sciences. – Rostov n / D, 2011. – 27 p.
7. Shepelev V.A. The modern concept of administrative justice in Russia // Young scientist. – 2019. – No. 37 (275). – S. 71-76.
8. Determination of the Supreme Court of the Russian Federation No. 47-G03 of February 04, 2004 – [Electronic resource]. – Access mode: http://sudbiblioteka.ru/vs/text_big2/verhsud_big_29865.htm. (date of access: 03/22/2022).
9. Khovalkin I.A. Reforming the system of local self-government in 2020: regulatory and legal issues, financial support and regulation // Young scientist. – 2020. – No. 52 (342). – S. 256-259.
10. Umetbaeva Yu.I. Reforming control and supervisory activities in the Russian Federation // Bulletin of the Volga University. V. N. Tatishcheva. – 2017. – No. 4. – P. 121-127.
11. Tarkhanov M.V. The mechanism for the implementation of local self-government in the municipal districts of the constituent entities of the Russian Federation. – M.: Yurkompani, 2015. – 180 p.
12. Mozgareva-Marchenko L.A., Rusanova S.Yu. The role of commissions for minors and the protection of their rights of municipalities in ensuring juvenile law and order // Human rights and freedoms in the context of the development of a modern state: Proceedings of the All-Russian Scientific and Practical Conference, Krasnodar, December 09, 2016. – Krasnodar: FGKOUVPO "Krasnodar University of the Ministry of Internal Affairs of the Russian Federation", 2017. – P. 218-222.
13. Local self-government and municipal government: textbook / A.P. Gorbunov, V.I. Goncharov, I.F. Golovchenko and others; ed. A.S. Prudnikov, M.S. Trofimov. – 2nd ed., revised. and additional – Moscow: Unity, 2015. – 399 p.
ADMINISTRATIVE LAW
PKHITIKOV Ruslan Batyrovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
GUTAEV Alim Magomedovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
ON THE ISSUE OF ADMINISTRATIVE RESPONSIBILITY FOR DRIVING A VEHICLE WHILE INTOXICATED
The article is devoted to the consideration of the issue of administrative responsibility for driving a vehicle while intoxicated. In it, the author focuses on persons driving vehicles while intoxicated, as well as those who previously had administrative offenses. It also considers the toughening of punishment and the introduction of criminal liability measures for counteracting traffic accidents committed through the fault of persons in a state of intoxication.
Keywords: driving in an alcoholic intoxication, administrative responsibility, criminal responsibility.
Reference bibliographic list
1. Yakovleva A.R. Administrative responsibility for transport management in a state of alcoholic intoxication // Scientific electronic journal Meridian. – 2019. – No. 10 (28). – S. 90-92.
2. Oblitsov V.A. To the question of legal liability in a state of alcoholic intoxication in the Russian Federation // Alley of Science. – 2018. – V. 2. No. 6 (22). – S. 802-805.
3. Pestov R.A., Smirnova E.S. On the issue of strengthening the legal responsibility for driving while intoxicated // Collections of conferences of the Research Center Sociosphere. – 2012. – No. 26. – P. 110-113.
ADMINISTRATIVE LAW
STRIZHCHENKO Igor Alexandrovich
senior lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
PROVATOROV Igor Olekovich
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
ACTIVITIES OF LOCAL POLICE COMMISSIONERS FOR THE PREVENTION OF OFFENSES RELATED TO ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The article reveals the concept of an illegal element in the field of drug trafficking – a pawnbroker. The places of possible illegal activity of the pawnbroker in the serviced territory are described in sufficient detail, taking into account the nature of the sale of narcotic drugs and psychotropic substances in a contactless way. The article also describes the appearance and behavior of the pawnbroker as methods of masking illegal activities and avoiding responsibility. This information is aimed at improving the basic level of knowledge of young employees of the internal affairs bodies of the Russian Federation from among the units of the district police commissioners (UUP), for the effective detection and prevention of illicit trafficking in narcotic drugs and psychotropic substances (PAV)
Keywords: pawnbroker, illegal drug trafficking, methods of avoiding law enforcement agencies, precinct, prevention, detection.
Reference bibliographic list
1. On the service of a district police officer in a serviced administrative area and the organization of this activity "(together with the Instructions for the performance of duties by a district police officer in a serviced administrative area", "Manual on organizing the service of district police officers"), Order of the Ministry of Internal Affairs of Russia dated 03/29/2019 No. 205. Access from the legal reference system "ConsultantPlus".
2. The current state and prospects for ensuring the economic independence of Russia // Proceedings of the II national scientific and practical conference. 2020 Publisher: FGBU "Russian Energy Agency" of the Ministry of Energy of Russia Krasnodar TSNTI – a branch of the FGBU "REA" of the Ministry of Energy of Russia (Krasnodar).
3. Dissertation on the topic “Combating the legalization (laundering) of money or other property acquired by criminal means: criminal law and criminological aspects”, VAK RF 12.00.08 – Criminal and criminology; penal law. Krasnodar, 2016. 251 p.
ADMINISTRATIVE LAW
URUSOV Zamir Khasanovich
senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SECURITY MEASURES IN THE PROCEEDINGS ON CASES OF ADMINISTRATIVE OFFENSES
The article discusses measures that allow the state to regulate the legal relationship in society. In modern society, there are many social relations of various nature. Often in the sphere of their implementation and protection, issues arise that require the intervention of state bodies and officials, and this is precisely what gives rise to the peculiarities of the methods and ways of their regulation. In a state governed by the rule of law, the order of management in which is ensured by the current legislation, it is necessary to have such a mechanism through which control over its observance and execution will be carried out. The measures of state coercion act as a regulator here. They not only realize the protective function of the state, but are also called upon to guarantee the rights and freedoms of man and citizen, which is the highest value of any state. In addition, other goals of state coercion include: prevention of illegal behavior, as well as its suppression, restoration of violated rights and compensation for damage caused. One of the methods of public administration is administrative coercion, which will be discussed below. It is mainly carried out through the activities of police officers. The use of security measures by them during the proceedings is aimed at understanding by the citizen the need to comply with the rules of conduct reflected in the administrative and legal norms. But this does not apply to everyone, but only to those who determine the generally binding rules of conduct in the field of public administration. Through the use of measures of administrative coercion by employees of the internal affairs bodies, public law and order, protection of the rights, freedoms and legitimate interests of a person and public organizations are ensured.
Keywords: measures of state coercion, normative legal acts, consideration of the case, administrative and legal nature of coercive measures.
Reference bibliographic list
1. Zakopyrin V.N. Procedural and legal guarantees of the rights and freedoms of citizens in the application of measures to ensure the proceedings in the case of an administrative offense // In the collection: Human and civil rights and freedoms in criminal and administrative proceedings. Digest of articles. – Ryazan, 2020. – S. 27-31.
2. Kapranova Yu.V. Limits of restrictions on the rights of citizens when applying measures to ensure proceedings in a case of administrative offenses // In the collection: Topical issues of the application of administrative law (“Korenev readings”). V International scientific-practical conference: collection of scientific papers. Comp. IN AND. Kovshevatsky. – Moscow, 2021. – S. 194-196.
3. Makarov D.V. The main provisions of legality in the application of measures to ensure the proceedings in the case of administrative offenses // In the collection: Actual problems of protecting the rights and freedoms of citizens: historical, theoretical and legal aspects. Materials of the All-Russian Scientific Conference. Rep. editor S. L. Melnikova, 2020. – S. 99-107.
4. Prudnikova D.E. Measures to ensure administrative proceedings in cases of offenses in transport // Young scientist. – 2019. – No. 35 (273). – S. 73-74.
5. Urusov Z.Kh. Measures to ensure proceedings in the case of administrative offenses // Eurasian legal journal. – 2021. – No. 4 (155). – S. 126-127.
ADMINISTRATIVE LAW
KALINICHENKO Dmitry Vladimirovich
postgraduate student of the St. Petersburg University of the Humanities and Social Sciences
PROBLEMS OF APPLICATION OF MEASURES OF ADMINISTRATIVE COERCION BY INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
The scientific article defines the relevance and significance of the use of administrative coercion measures by employees of the internal affairs bodies, the problems of their legal regulation. On the example of the introduction in 2021 of such a measure of state coercion as the opening of a vehicle, the need for further improvement of the legislation of the Russian Federation in this area is noted. The author has carried out a brief comparative legal analysis of the correlation of the grounds for the use of inspection and vehicle inspection in the law enforcement activities of the police. As the basic (leading) principle of application of any measure of administrative coercion, the author identifies the principle of legality of actions of employees of internal affairs bodies. Examples from judicial practice of recognizing the actions of employees of internal affairs bodies as illegal in case they violate the norms of the legislation of the Russian Federation on administrative coercion measures are given.
Keywords: administrative enforcement measures, internal affairs bodies, the principle of legality, vehicle autopsy, vehicle inspection, vehicle inspection.
Reference bibliographic list
1. Gorodnichev I.M. Improving the administrative powers of the police of the Russian Federation // Law and Law. – 2022. – No. 2.
2. Zaitsev R.Ya. Disobedience of the driver to the lawful demand of a police officer to get out of the vehicle // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2017. – No. 3.
3. Zaprutin D.G. Measures of administrative coercion applied by the police against citizens // Bulletin of the Omsk University. Series "Right". – 2019. – T. 16. – No. 2.
4. Kivich Yu.V. Problems of application by internal affairs bodies of administrative and legal coercion and measures to overcome them. Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4.
5. Mursalimov A.T., Malikov Sh.E. On the issue of the procedure for opening a vehicle // Scientific and educational journal for students and teachers "StudNet" – 2022. – No. 2.
6. Ochakovsky V.A., Krutova Ya.A., Gasparyan A.K. Application by internal affairs bodies (police) of inspection as a measure of administrative coercion // Scientific journal of KubSAU. – 2014. – No. 99 (05).
7. Khadisov Kh.G., Zhalsanov B.Ts. Some problems of legal regulation of vehicle inspection as a measure to ensure proceedings in cases of administrative offenses // Actual problems of administrative law and process. – 2018. – No. 2.
8. Chernov Yu.I., Zhiganyuk N.I. Inspection and inspection of the vehicle // Modern scientific research and development. – 2017. – No. 9 (17).
9. Mamedov E.Kh. Ensuring the legality of the police application of measures of administrative coercion: dis. cand. legal Sciences. – St. Petersburg, 2020. – [Electronic resource]. – Access mode: https://diss.unn.ru/files/2020/1089/diss-Mamedov-1089.pdf (date of access: 04/15/2022).
ADMINISTRATIVE LAW
ARKHIREEVA Anastasia Sergeevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF LEGAL REGULATION OF FINANCIAL CONTROL OF LOCAL GOVERNMENTS IN RUSSIA AND FOREIGN COUNTRIES (MUNICIPAL-LEGAL ASPECT)
The article discusses some aspects of the legal regulation of financial control of local governments. It is especially concluded that in recent years the issue of improving financial discipline at the level of municipalities has become relevant, it is necessary to optimize the costs of local budgets, and also pay special attention to the efficiency of spending local budgets.
Keywords: control, financial control, municipalities, local governments.
Reference bibliographic list
1. Khimicheva N.I. Financial law: textbook / Ed. ed. N.I. Khimicheva, E.V. Pokachalov. – 6th ed., revised. and additional – M.: Norma: INFRA-M, 2019. – 800 p.
2. Tuganov Yu.N., Trofimov M.V. Financial law: textbook. – Moscow: RIO of the Russian Customs Academy, 2017. – 164 p.
3. Bochkareva E.A., Kozhushko S.V. Financial control in the Russian Federation: workbook. – Moscow: RGUP, 2021. – 62 p.
4. Ovcharova E.V. Financial control in the Russian Federation: textbook. – Moscow: Zertsalo-M, 2019. – 224 p.
5. Rozhkova E.S., Abramovskikh L.N. State financial control: textbook. allowance. – Krasnoyarsk: Sib. feder. un-t, 2012. – 128 p. – ISBN 978-5-7638-2645-
6. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/492098 (date of access: 05/05/2022).
6. Pavlov N.V., Ochakovsky V.A., Balanenko M.V. Actual issues of implementation of municipal control // Eurasian legal journal. – 2021. – No. 1 (152). – S. 171-173.
7. Ochakovsky V.A., Pavlov N.V. To the question of formation of the financial and economic basis of the institution of local self-government // Humanitarian, socio-economic and social sciences. – 2019. – No. 3. – P. 121-124;
8. Budget Code of the Russian Federation of July 31, 1998 No. 145-FZ // SZ RF. – 1998. – No. 31. – Art. 3823.
9. On the general principles of the organization of local self-government in the Russian Federation: Federal Law of 06.10.2003 No. 131-FZ // SZ RF. – 2003. – No. 40.
– Art. 3822. 10. On the general principles of organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities: Federal Law of February 7, 2011 No. 6-FZ // SZ RF. – 2011. – No. 7. – Art. 903.
11. Paly V.M., Kurdyuk P.M., Ochakovsky V.A. Models of legal interaction between state bodies and local governments: theoretical and historical aspects: monograph. – Krasnodar, 2014.
12. Arkhireeva A.S., Kostenko B.Yu. Financial security and the main directions of its provision // Epomen. – 2019. – No. 34. – S. 26-32. 13. Chueva A.S., Kurdyuk P.M., Ivanenko I.N. Experience of organizing local self-government in foreign countries: a textbook. – Krasnodar, 2013.
14. Filatova N.V. Organization of municipal financial control in foreign countries: the experience of France and Germany // Academy. – 2018. – No. 5 (32). – S. 61.
15. Austrian Federal Constitutional Law of November 10, 1920 – art. 121. [Electronic resource]. – Access mode: https://worldconstitutions.ru/?p=160/. (date of access: 05/11/2022).
16. Leiba I.P., Pavlov N.V., Ochakovsky V.A. The budget of the municipality as a key element of the economic foundations of local self-government (municipal-legal aspect) // Humanitarian, socio-economic and social sciences. – 2019. – No. 7. – S. 94-97.
17. Arkhireeva A.S., Makhosh M.B. Financial control of local governments // Epomen. – 2020. – No. 35. – S. 22-27.
MUNICIPAL LAW
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
SAMIGULLINA Aigul Fidusovna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
GILYZOVA Alisa Ildarovna
student of the Bashkir State University
RAMAZANOVA IrinaViktorovna
magister student of the Bashkir State University
IMPROVEMENT OF THE SOCIAL INFRASTRUCTURE OF THE MUNICIPALITY
The purpose of the publication of this article is to search for methods and tools for assessing the social infrastructure of a municipality. Social infrastructure ensures the development of economic entities and the territory as a whole, however, in modern conditions, social imbalances persist, the standard of living of the population decreases and the impact of crisis phenomena increases. All this requires analytical research to make a timely management decision, which is achieved on the basis of tools and techniques for assessing the level of development of social infrastructure.
Keywords: municipal education, social infrastructure, analysis of indicators of municipal education development
Reference bibliographic list
1. Bikmetov E., Ruvenny I., Sizonenko R., Galimullina N., Sizonenko Z. Strategic thinking as a factor of sustainable development of the organization // In the collection: E3S Web of Conferences. 1. 2020. S. 07008.
2. Mamatelashvili O., Mukhamadieva E., Nikonova S., Bayrushina F. Corporate training: from planning to efficiency // In the collection: European Proceedings of Social and Behavioral Sciences EpSBS. Krasnoyarsk Science and Technology City Hall. Krasnoyarsk, 2020, pp. 743-754.
3. Dautova T., Fayzurakhmanova D. Problems of development of the social infrastructure of the municipality in the region (on the example of the municipality Karaidelsky district of the Republic of Bashkortostan) // Eurasian legal journal. 2021. No. 1 (152). pp. 421-423.
4. Galimullina N., Yuldasheva O., Rameev R. Analysis of the use of information systems and automation in the housing and communal services sector at the municipal level // Eurasian Law Journal. 2018. No. 6 (121). pp. 456-458.
MUNICIPAL LAW
SALIKHOV Hussein Shamilevich
magister student of the Dagestan State University
ARSLANBEKOVA Aminat Zaydullaevna
Ph.D. in Law, professor, Head of Administrative, financial and customs law sub-faculty of the Dagestan State University
POWERS OF LOCAL SELF-GOVERNMENT BODIES IN THE SECTOR OF HOUSING AND COMMUNAL SERVICES
The article analyzes the legal regulation of the activities of local governments in the housing and communal services sector, determines the hierarchy of acts regulating this area, explores the role of local governments in the housing and utilities sector, as well as the problems arising from such activities. The features of municipal housing supervision, an institution introduced into Russian legislation in 2012, are determined.
Keywords: local self-government, housing and communal services, municipal housing supervision.
Reference bibliographic list
1. Boyko N.S. Municipal law: textbook for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 430 p. – (Higher education). – ISBN 978-5-534-14193-1. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/496879 (date of access: 04/11/2022).
2. Ivakina A.M. Modern problems of housing and communal services. — Text: direct // Young scientist. – 2015. – No. 8 (88). — S. 537-539. [Electronic resource]. – Access mode: https://moluch.ru/archive/88/17301/ (date of access: 04/11/2022).
3. Kochetkova N.A. Difficulties of municipal control in the housing and communal sphere. — Text: direct // Young scientist. – 2017. – No. 13 (147). – S. 319-321. [Electronic resource]. – Access mode: https://moluch.ru/archive/147/41365/ (date of access: 04/11/2022).
4. Ovchinnikov I.I., Pisarev A.N. Municipal law: textbook and workshop for universities. – 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 432 p. – (Higher education). – ISBN 978-5-534-14653-0. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/488905 (date of access: 04/11/2022).
5. On the procedure for interaction between the authorized executive authorities of the constituent entities of the Russian Federation and local governments in the exercise of their powers granted by Federal Law No. 93-FZ dated 25.06. control: Letter of the Ministry of Regional Development of the Russian Federation dated September 6, 2012 No. 23554-VK / 14. – Text: electronic. [Electronic resource]. – Access mode: SPS "ConsultantPlus": reference and legal system: access only from the reading rooms of the DSU library.
CIVIL LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
LEGAL REGULATION OF IMPORT SUBSTITUTION AND ISSUES OF PARALLEL IMPORT OF GOODS
The paper deals with issues related to intellectual property and the possibility of its acquisition for the purpose of import substitution without the consent of the copyright holders. Parallel import of goods under the conditions of sanctions pressure has acquired a certain meaning for conducting a policy to maintain the normal functioning of civil society in Russia. The characteristic of the norms of civil legislation allows us to conclude that the issues of the acquisition of such goods as legitimate transactions, which are already regulated even by international regulatory documents and are used by the world community. The legal regulation of parallel imports also deserves some attention and additions to the domestic civil legislation.
Keywords: civil legislation, export, import, parallel import, import substitution, expansion of competition.
Reference bibliographic list
1. Prohibited goods for import into Russia in 2022. [Electronic resource]. – Access mode: https://finance.rambler.ru/economics/48389261-zapreschennye-commodity-dlya-vvoza-v-rossiyu-v-2022-godu/ (date of access: 04/10/2022).
2. 17 US Code § 109 – Limitations on Exclusive Rights: Consequences of Transferring a Specific Copy or Soundtrack | US Code | US law | LII / Legal Information Institute. [Electronic resource]. – Access mode: https://www.law.cornell.edu/uscode/text/17/109 (Accessed 04/10/2022).
3. Resolution of the Constitutional Court of the Russian Federation of February 13, 2018 No. 8-P “On the case of checking the constitutionality of the provisions of paragraph 4 of Article 1252, Article 1487 and paragraphs 1, 2 and 4 of Article 1515 of the Civil Code of the Russian Federation in connection with the company’s complaint. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_290909/ (date of access: 04/10/2022).
4. Makhiboroda M., Ananyeva E., Doucek I. P. Changes in transport activity regulation in the context of the coronavirus pandemic // In the collection: E3S Web of Conferences. Ser. “International Scientific and Practical Conference “Development of the Agro-industrial Complex in the Context of Robotization and Digitalization of Production in Russia and Abroad”, DAIC 2020”. – 2020. – S. 5006.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
THE LEGAL FOUNDATIONS OF VIRTUAL LIFE AND THE CONSEQUENCES OF DIGITALIZATION
The article deals with issues related to the digitalization of the processes of citizens’ life. The problem of the use of digital technologies and the creation of databases containing personal information of individuals and legal entities is characterized. A legal assessment of information resources as objects of civil rights is given and fraudulent actions aimed at stealing not only personal information, but also funds from accounts through the use of personal data are considered.
Keywords: civil legislation, digital technologies, psychology of addiction, social risks, entrepreneurship, information.
Reference bibliographic list
1. Federal Law "On Personal Data" dated July 27, 2006 No. 152-FZ (last edition). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_61801/ (date of access: 04/02/2022).
2. Makhiboroda M.N., Anan'eva E.O. Legal basis for the activities of collection agencies. // Russian justice. – 2019. – No. 5. – S. 13-16. 3. Openbusiness.ru. [Electronic resource]. – Access mode: https://www.openbusiness.ru/biz/business/kak-prodavat-infoprodukty/ (date of access: 04/02/2022).
4. System of standards for information, librarianship and publishing Information and library activities, bibliography. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1200004287 (date of access: 04/02/2022).
5. Anan'eva E.O., Ivliev P.V. to the issue of cyberbullying and protection of the rights to honor, dignity and business reputation: ways and means of solution // Law and Law. – 2022. – No. 1. – S. 104-106.
6. “Review of the judicial practice of the Supreme Court of the Russian Federation No. 2 (2019)” (approved by the Presidium of the Supreme Court of the Russian Federation on July 17, 2019). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_329423/ (date of access: 04/02/2022).
CIVIL LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GRITSAI Darya Viktorovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
OBLIVANTSEVA Darya Vladimirovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
ROTKO Mikhail Andreevich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
LEGAL ASPECTS OF CRYPTOCURRENCIES IN THE GLOBAL ECONOMY
This article provides a legal analysis of the role of cryptocurrencies in the global economy, examines the history of the emergence of cryptocurrencies – a relatively new instrument of the financial market that has aroused interest around the world, describes ways to obtain monetary units and features of transactions, advantages and disadvantages of cryptocurrencies, as well as its impact on the shadow economy. Of course, this topic is relevant at the moment. The results of this study allow us to deepen knowledge.
Keywords: world economy, commercial law, cryptocurrency, digital assets.
Reference bibliographic list
1. Anokhin N.V., Shmyreva A.I. Cryptocurrency as an instrument of the financial market // Ideas and ideals. – 2018. – No. 3. Vol. 2 – S. 39-49.
2. Lyubshina D.S., Zolotaryuk A.V. Cryptocurrency as an innovative instrument of world trade // Interactive science. – 2016.
3. Manakhov V.A. Peer-to-peer electronic payment system – Bitcoin // Innovations in science. – 2014. – No. 29. – P.218-224.
4. Saenko D.G., Kudryavtseva L.V. Protection and implementation of the rights of citizens of the Russian Federation abroad // POLIMATIS. – 2017. – S. 64-70.
5. Kudryavtseva L.V. Civil law means and business practices aimed at improving the safety and quality of products in the resort region // International scientific and practical conference "Actual problems of law and law enforcement at the present stage", Novorossiysk, September 17–18, 2015. – P. 402 -405.
CIVIL LAW
Ivanova Maria Sergeevna
Head of the Legal Department of the "Energomontazh International" JSC
ANCIENT ROMAN INSULUS AND MODERN APARTMENTS: THE EVOLUTION OF LEGAL REGULATION
In this article, the Author presents the results of a study of information about the ancient Roman Insula that has come down to the present. The author came to the conclusion that Insul is a historical “prototype” of modern apartments. The relevance of this study is due not only to the fact that the legislator pays special attention to the problem of the lack of legal regulation of certain types of real estate, such as, for example, apartments (Bill No. Residential Apartments” dated June 15, 2018, Draft Law No. 1162929-7 “On Amendments to the Town Planning Code of the Russian Federation in Regard to the Regulation of Certain Legal Relations Arising in Connection with the Construction of Multifunctional Buildings” dated April 29, 2021.
Keywords: Insul, Ancient Rome, apartments, residential and non-residential premises, Draft Law, mixed-use buildings, real estate, real estate legal regime.
Reference bibliographic list
1. Decree of the Government of the Russian Federation of December 26, 2014 No. 1521 “On approval of the list of national standards and codes of practice (parts of such standards and codes of practice), as a result of which, on a mandatory basis, compliance with the requirements of the Federal Law “Technical Regulations on the Safety of Buildings and structures” // Collection of Legislation of the Russian Federation dated January 12, 2015 No. 2 Art. 465.
2. Federal Law “Technical Regulations on the Safety of Buildings and Structures” dated December 30, 2009 No. 384-FZ // Collected Legislation of the Russian Federation dated January 4, 2010 No. 1 Art. 5.
3. Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation” // Collected Legislation of the Russian Federation.3.01.2005. No. 1 (Part I) Art. 40.
4. Decree of the Plenum of the Supreme Court of the Russian Federation of March 24, 2016 No. 7 “On the application by the courts of certain provisions of the Civil Code of the Russian Federation on liability for breach of obligations” // Bulletin of the Supreme Court of the Russian Federation, May 2016, No. 5.
5. Code of rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures. Updated edition of SNiP 30-02-97* (approved by order of the Ministry of Regional Development of the Russian Federation dated December 30, 2010 No. 849). [Electronic resource]. – Access mode: http://base.garant.ru/6180778/#ixzz5aW1ZGZS3.
6. Vitruvius. VII, 20, 20 Vitruvius. "Ten books about architecture" Publisher: Arkhitektura-S 2006, Hardcover, 328 pages, 2000 copies.
7. Dozhdev D.V. Roman law. Ed. V.S Nersesyants. – M.: INFRA M-Norma, 1997.
8. Digests XX, 2, 2 (Martian). "Anthology on the history of ancient Rome" / Ed. S.L. Utchenko. – M., 1962. – S. 494-495.
9. Koshelenko G.A. “=The General History of Architecture. Volume II. Architecture of the Ancient World (Greece and Rome) / Ed. B.P. Mikhailov. – M.: Stroyizdat, 1973.
10. Knabe G.S. Tightness and history in ancient Rome // Culture and art of the ancient world. Proceedings of a scientific conference (1979). – 1980. – S. 385-405.
11. Latin-Russian dictionary of legal terms and expressions for specialists and translators of the English language / Ed. M. Gamzatov. – St. Petersburg: Publishing House of St. Petersburg. un-ta, 2002. – S. 168.
12. Materials of the IX International Conference "LOMONOSOV-2002" // M.V. Durnovo Moscow State University M.V. Lomonosov “Legal status of the manager of a trading enterprise in Ancient Rome (Institor).
13. Pokrovsky I.A. The main problems of civil law. – M., 1998. – S. 195
14. Roman private law: Textbook / Ed. I.B. Novitsky and I.S. Peretersky. – M., 1994. – S. 148.
15. Sergeenko M.E. Life of ancient Rome. – St. Petersburg: Publishing and Trading House "Summer Garden"; Journal "Neva", 2000. – 368 p. Scientific editor, compiler of a short glossary A.V. Gervais.
16. Sergeenko M.E. Chapter 2. House // Life of Ancient Rome. – St. Petersburg: Summer Garden, 2000
17. Cicero. leg. agr. 2 books “The General History of Architecture. Volume II. Architecture of the Ancient World (Greece and Rome)”, edited by B.P. Mikhailov. Author: G.A. Koshelenko. – Moscow: Stroyizdat, 1973.
18. Boëthius A. Remarks on the Development of Domestic Architecture in Rome // American Journal of Archaeology. – 1934. – T. 38. No. 1. – P. 158-170.
19. Calza G., Becatti G. Ostia. – Roma: Istituto Poligr. dello Stato, 1958. – P. 126
20 Frier B.W. Landlords and Tenants in Imperial Rome. – Princeton, NJ: Princeton University Press, 1980. – P. 251.
21. Gerkan A. von. Die Einwohnerzahl Roms in der Kaiserzeit // Römische Mitteilungen. MDAI 55. 1940. – Rom, 1940. – No. 55.
22. Hermansen G. The Medianum and the Roman Apartment // Phoenix. – 1970. – T. 24. No. 4. – S. 342-347.
23. McKay A. Houses, villas, and palaces in the Roman world. – JHU Press, 1998. – P. 76-94. – 288 p.
24. McKay A. Houses, villas, and palaces in the Roman world. – JHU Press, 1998. – Strabo. XVI, 1, 2, 3, 5, 7, 23.
CIVIL LAW
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
LEGAL REGULATION OF RENTAL LEGAL RELATIONS
The paper considers an annuity agreement implemented on the basis of the current domestic legislation. The legal characteristics of the types of this agreement, the parties involved in it and the conditions under which an annuity agreement can be concluded are given. The problematic issues of concluding this agreement and the ways of further development of the institute in our country, taking into account the emergence of new social risks, are considered.
Keywords: civil law, contract, rent, lifetime rent, parties.
Reference bibliographic list
1. How many people have died from coronavirus in Russia at the moment. – [Electronic resource]. – Access mode: https://gogov.ru/covid-fatality/russia (accessed 03/27/2022). 2. Kirokosyan S.A. On the dangers of an annuity agreement // Family and housing law. 2019. No. 1. S. 42-45.
3. Uskov A. Contracts of rent and life maintenance with dependents. Review of judicial practice // Housing Law. 2019. No. 11. P. 112-114.
4. Emelkina I.A. Theoretical problems of real rights to real estate. Saransk: Publishing House of the Mordovian University, 2019. S. 24-25.
5. Determination of the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation dated February 13, 2018 No. 5-KG17-242 – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-verkhovnogo-suda-rf-ot-13022018-n-5-kg17-242/ (date of access: 03/27/2022).
CIVIL LAW
KOMAREVСEVA Irina Alekseevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Law of the North-Caucasian Federal University
TAGANTSEVA Valentina Sergeevna
laboratory assistant of Civil law and process sub-faculty of the Institute of Law of the North-Caucasian Federal University
ON THE QUESTION OF THE CONTENT OF THE PRINCIPLE OF FREEDOM OF WILL
The relevance of the study of the principle of freedom of will is due to the fact that freedom of
will is a traditional component of inheritance law, inherent in it for many centuries. Freedom of will is one of the most significant principles of modern Russian inheritance law today. The authors emphasize that at the present stage, the content of this principle has found its normative consolidation for the first time in the history of Russian
heritage legislation. The article notes that traditionally the principle of freedom of will is considered as a kind of legal guarantee that provides the possibility of making various orders to determine the fate of the owner’s property in case of death. Such an interpretation of the principle of freedom of will is "narrow". A broad understanding of the principle of freedom of will is proposed as a set of legal possibilities related not only to the content of the will, but also to its form.
Keywords: inheritance by will, will, freedom of will, content of will, form of will.
Reference bibliographic list
1. Grimm D.D. Lectures on the dogma of Roman law. – M.: Publishing house "Zertsalo", 2003.
2. Shershenevich G.F. Civil law course. – Tula: Autograph, 2001.
3. Serebrovsky V.I. Selected works. – M.: Sta-tut, 1997.
4. Proshchalygin R.A., Tarasov D.Yu. Correlation between the principle of freedom of will and the institution of joint will of spouses: theoretical and legal analysis // Inheritance law. – 2021. – No. 3. – S. 41-44.
5. Vershinina E.V., Kabatova E.V., Shishkina A.A. Inheritance by will in Russia and Germany: a comparative legal analysis // Family and housing law. – 2010. – No. 6. – S. 32-37.
6. Sannikova L.V. Testament and its forms under the new Russian legislation on inheritance // Legal world. – 2003. – No. 3. – S. 36-44.
7. Kalinin V.V., Kharitonova Yu.S. Commentary on the Civil Code of the Russian Federation, part three. – M.: Yurayt, 2002.
8. Antimonov B.S., Grave K.A. Soviet inheritance law. – M.: Gosjurizdat, 1955.
9. Sinaisky V.I. Russian civil law. – M: Statute, 2002.
CIVIL LAW
KONDRATJEV Pavel Olegovich
lecturer of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
LEGAL REGULATION OF COLLECTION ACTIVITIES
The article provides a description of the problematic aspects of the regulation of collection activities, as well as a possible solution to data issues. The main definitions used in the consid- ered sphere are investigated. The foreign experience of regulation of collection activity is analyzed. Certain solutions in data regulation are related to thecollection of overdue debts of individuals and heads of collection organizations.
Keywords: collector, accumulator, debt, obligation, overdue debt, bureau of credit turnover.
Reference bibliographic list
1. On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts and on amendments to the Federal Law "On microfinance activities and microfinance organizations": feder. law: [dated 3 Jul. 2016 No. 230-FZ]. [Electronic resource]. – Access mode: www.pravo.gov.ru [July 3, 2016]
2. About credit histories: feder. law: [dated 30 Dec. 2004 No. 218-FZ] // Collection. legislation Ros. Federation. – 2005. – No. 1 (part 1). – Art. 44.
CIVIL LAW
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
GORELOV Ilya Pavlovich
Ph.D. in military sciences, Ph.D. in historical sciences, professor of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
lecturer of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
CONSTRUCTION CONTRACT IN A HORTICULTURAL NON-PROFIT PARTNERSHIP: ON THE ISSUE OF CONCLUDING A CONTRACT, THE QUALITY OF WORK, OWNERSHIP RIGHTS AND THE RISK OF ACCIDENTAL DEATH OF THE RESULT OF WORK
In the article, the authors analyze the provisions of the construction contract concluded between horticultural non-profit partnerships on the customer’s side and contractors. A construction contract is the most popular tool regulating the relations of members of partnerships for the repair and construction of common infrastructure facilities and contractors (organizations or individuals). Special attention is paid by the authors to the problems of concluding a contract, the quality of work, property rights and the risk of accidental death of the result of work, and proposals for their possible elimination are formulated.
Keywords: construction contract, horticultural non-profit partnership, quality of work, ownership, risk of accidental death.
Reference bibliographic list
1. Civil law of Russia. General part: Course of lectures / Ed. HE. Sadikov. – M., 2001. – S. 433.
2. Shershenevich G.F. Textbook of Russian civil law. T. 1 / Ed. E.A. Sukhanova and others – M., 2005. – S. 332.
CIVIL LAW
MAYOROVA Lyudmila Germanovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LIABILITY FOR VIOLATION OF CONTRACTUAL OBLIGATIONS UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION AND EUROPEAN COUNTRIES: COMPARATIVE LEGAL ANALYSIS
The contract law of the Russian Federation, as well as the contract law of many foreign countries, is familiar with the institution of civil liability, the occurrence of which may be due to the violation of obligations by counterparties under contracts. This article analyzes the essence of liability as a legal category not only through the prism of domestic legislation, but also taking into account the European practice of bringing perpetrators to responsibility for non-fulfillment of obligations under contracts.
Keywords: obligation, contractual construction, civil liability, compensation, sanction, damage.
Reference bibliographic list
1. Abdulina A.A., Voronina A.B. The concept and signs of an offense, the composition of an offense // Youth and science. 2020. No. 7. P. 105-112.
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3. Bazhina M.A. The practice of applying Art. 333 of the Civil Code of the Russian Federation in the performance of a contract for the carriage of goods // Lawyer. 2020. No. 10. S. 32-38.
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5. Bogdanovskaya G.N. "Problems of the effectiveness of compensation for the function of interest for the use of other people's funds as a form of civil liability" / "Vestnik" FAS SKO, 19.01.2010
6. Boldinov V. M. Responsibility for causing harm by a source of increased danger. St. Petersburg: Legal Center Press, 2002. P. 64 7. Civil law. In 2 T. Textbook / Ed. A.E. Sukhanova T. 1. C 438-439
8. Yeranosyan E.A. Improving the foundations of civil liability // Science and education: economy and economy; entrepreneurship; law and management. 2020. No. 7. S. 14-21.
9. Zardov R.S. Legal penalty: theoretical and practical aspects: author. dis. cand. legal Sciences. Krasnoyarsk, 2019. 33 p.
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11. Kazakova E.B., Potolokova O.O. Civil liability // Science. Society. State. 2018. No. 2. S. 143-146.
12. Krasheninnikov M.P. Measures of civil liability for failure to fulfill obligations. Diss. 2012. Access mode: Russian State Library
13. Kuznetsotsa O.A. Application of measures of civil liability // Bulletin of the Perm University. 2012. No. 4 (18). pp. 97-98.
14. Kurbatov A.Ya. The ratio of penalties and interest for the use of other people's money // Civil law. 2020. No. 4. S. 3-8.
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17. Paraskevova S. A. The concept and social essence of a civil offense (theoretical problems): Dis. … doc. legal Sciences. M., 2002. S. 80.
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19. Cane P. The Anatomy of Tort Law. Oxford, 1997.
20. Williaams G., Hepple B.A. Foundations of the Law of Tort. Second ed. London, 1984.
CIVIL LAW
SMOLINA Olga Sergeevna
Ph.D. in Law, Deputy Head of the Legal Support Division for Property and Labor relations of the Legal Support Department of the Ministry of Agriculture of the Russian Federation Advisor of the 1st Class of the State Civil Service of the Russian Federation, adviser of justice of the 3rd class
LEGAL REGULATION OF TRANSACTIONS PROCEDURE MADE VIA DIGITAL PLATFORM IN THE LIGHT OF IMPROVEMENT OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
The objective of the research is to find ways to improve the civil legislation of the Russian Federation in the digital economy context. The article demonstrates the relevance of the specificity of transactions made via digital platforms and the balance of interests of parties to transactions made via digital platforms in the light of the principle of freedom of contract and equality between contracting parties. The general part of the Civil Code of the Russian Federation does not regulate either the procedure for digital interaction between the parties to transactions made via digital platforms, or the procedure for the resolution of disputes between the parties on the matter of fact and matter of law when determining the conditions of transactions made via digital platforms, or the timing of actions to be fulfilled by the parties. The author justifies the importance of legal regulation of transactions procedure made via digital platform. The study is based on the authors concept of transactions made via a digital platform in the Russian Federation. On this basis, some suggestions for the improvement of Chapter 9 "Transactions" of the Civil Code of the Russian Federation have been prepared.
Keywords: digital banking, digital economy, transactions, transactions made via digital platforms, digital footprints of facts, principle of freedom of contract, principle of equality between contracting parties, balance of interests.
Reference bibliographic list
1. Abova T.E. Commentary on Article 8 of the Civil Code of the Russian Federation, Part One // Edited by T.E. Abova, A.Yu. Kabalkin; Institute of State and Law of the Russian Academy of Sciences. 3rd ed., revised. and additional T. 1. M., 2006.
2. Bachilo I.L. What should the Federal Law "On Information, Informatization and Information Protection" look like? // Information law. 2006. No. 1. S. 16-19.
3. Bachilo I.L. Problems of harmonization in legislation // Journal of Russian law. 2000. No. 8. S. 84-92.
4. Vilkova N.G. International commercial contracts: theory and practice of unification of legal regulation. Abstract dis. Doctor of Law: 12.00.03 / Institute of Legislation and Comparison. jurisprudence under the Government of the Russian Federation. M, 2001. 46 p.
5. Vilkova N.G. The Civil Code of the Russian Federation and the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation // Economy and Law. 2003. No. 3. S. 77-87.
6. Vilkova N.G. Contract law in international circulation. M., 2004 512 p. // Consultant Plus.
7. Zankovsky S.S. Business contracts in Russia. Problems of theory and legislation. Abstract dis. … Doctor of Law: 12.00.03 / Institute of State and Law of the Russian Academy of Sciences. M., 2004. 56 p.
8. Ioffe O.S. Obligation law. M., 1975. 880 p.
9. The concept of the Information Code of the Russian Federation / Ed. I.L. Bachilo M., 2014. 192 p.
10. Klein N.I. The principle of freedom of contract and the grounds for its restriction in entrepreneurial activity // Journal of Russian Law. 2008. No. 1. S. 37-42.
11. Klimova A.N. Principles of civil law. Abstract diss. … cand. legal Sciences: 12.00.03 / All-Russian. state tax. acad. M., 2005. 24 p.
12. Laptev V.V. Entrepreneurial (economic) law. Selected works. Yekaterinburg, 2008.
13. Laptev V.V. Entrepreneurial (economic) law and the real sector of the economy. M., 2010. // ATP Consultant plus.
14. Makovsky A.L. On the codification of civil law (1922-2006). M., 2010. // Consultant plus.
15. Polyakova T.A., Khimchenko A.I. Actual organizational and legal issues of using cloud technologies: Russian and international experience // Legal world. 2013. No. 11. // Consultant plus.
16. Rassolov I.M. Law and the Internet. Theoretical problems. 2nd ed., add. M., 2009. 384 p. // SPS Consultant plus.
17. Savenkov A.N. The Global Crisis of Modernity as a Subject of the Philosophy of Law // State and Law. 2019. No. 4. S. 5-19.
18. Sadikov O.N. General and special norms in civil legislation // Soviet state and law. 1971. No. 1. S. 38-45.
19. Sadikov O.N. The concept of the development of civil legislation // Concepts of the development of civil legislation / Under. ed. T.Ya. Khabrieva, Yu.A. Tikhomirova, Yu.P. Orlovsky. M., 2004.
20. Sadikov O.N. Questionsy civil law and private international law: Selected works. M., 2015. 768 p.
21. Smolina O.S. The concept of transactions through a digital platform in the light of improving the Civil Code of the Russian Federation // Eurasian Law Journal. 2019. No. 8. P. 120-126.
22. Smolina O.S. Tarasova I.N. Digital banking: a new approach to making credit transactions in Russia // Eurasian legal journal. 2019. No. 3. S. 153-155.
23. Smolina O.S. Problems of transactions through a digital platform and ideas for improving the civil and banking legislation of the Russian Federation // Eurasian Law Journal. 2021. No. 3. C. 182-185.
24. Smolina O.S. The balance of interests of the parties when making transactions through a digital platform in the light of the principles of freedom of contract and equality of participants in civil relations // Eurasian Law Journal. 2021. No. 7. S. 262-266.
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CIVIL LAW
SUKHAREVA Elena Viktorovna
Ph.D. in pedagogical sciences, Head of Police organization sub-faculty of the St. Petersburg University of the MIA of Russia
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of the internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
USHENIN Andrey Andreevich
lecturer of Police organization sub-faculty of the St. Petersburg University of the MIA of Russia
CONTRACT FOR THE PROVISION OF LEGAL SERVICES: ON THE ISSUE OF THE NEED FOR LEGAL SUPPORT OF HORTICULTURAL NON-PROFIT PARTNERSHIPS IN THE FORM OF ONE-TIME LEGAL SERVICES AND SUBSCRIPTION LEGAL SERVICES
In the article, the authors analyze the provisions of the contract for the provision of legal services in relation to horticultural non-profit partnerships. The executor of the legal relationship is investigated in detail. A comparative analysis of the practice of providing one-time legal services with the partnership’s subscription service on a long-term basis is carried out. The authors, based on the conducted research, reasonably concluded about the status of a service provider providing legal services, including a horticultural non-profit partnership, and also emphasized the advantages of subscription legal services over one-time legal services.
Keywords: contract for the provision of legal services, horticultural non-profit partnership, subscription service, one-time service, legal support.
Reference bibliographic list
1. Obydennov A.N. Subject and object as essential conditions of a civil law contract // Journal of Russian Law. – M., 2003. – No. 8. – P. 62.
2. Tretyakova V.P. Obligations to provide legal services for compensation. Candidate's abstract. … legal Sciences. – Tomsk, 2009. – P. 4.
CIVIL LAW
TIMOFEEVA Tatyana Fedorovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the I. N. Ulyanov Chuvash State University
TIMOFEEV Viktor Valerjevich
Ph.D. in Law, associate professor of the Cheboksary Institute (branch) of the Moscow University of Humanities and Economics
GENERAL CHARACTERISTICS OF A TRADE AGGREGATOR IN THE RUSSIAN FEDERATION
The analysis of concepts, principles of activity and key characteristics of a trade aggregator
is a relatively new direction in legal science. The relevance of the topic is due to scientific and practical interest in the problem of improving the efficiency and effectiveness of legal regulation, the quality of regulatory legal acts. The lack of a federal legal framework and uniform approaches to terminology in this area significantly hamper the development of legal regulation and create in the field of practical activities to protect the rights and interests of consumers. The authors come to the conclusion about the need for more conceptual normative transformations. The results of the work can be used both in studying issues related to the concept, nature and characteristics of a trade aggregator in the Russian Federation, and in developing proposals for improving legal regulation in this area. An understanding of the trade aggregator is necessary to avoid violating the rights and interests of consumers, suppliers and other participants in today’s digital environment.
Keywords: digital technology platforms, aggregator, trade aggregator, marketplace, principles, responsibility, consumer, supplier.
Reference bibliographic list
1. Tabyshova A.K. Marketplace (online e-commerce platform) as an effective business model of trade in a pandemic // Izvestiya Vuzov Kyrgyzstani. – 2020. – No. 5. – P. 113-117.
2. Bukhtiyarova T.I., Lysenko Yu.V., Lysenko M.V., Demyanov D.G. Marketplace as an innovative business technology // Pedagogical science and practice. – 2021. – No. 2 (32). – S. 102-105.
3. Kantoroeva A.K. Marketplace as an innovative element of the commercial bank ecosystem // Bulletin of the Academy of Public Administration under the President of the Kyrgyz Republic. – 2020. – No. 27. – S. 202-207.
4. Zhukova A.O., Burdenko E.V. Marketplace is the main e-commerce platform during covid-19 // Economic development in the XXI century: trends, challenges and prospects. Collection of scientific papers of the IX International scientific-practical conference "Horizons of Russia" April 23, 2021: at 2 o'clock Plekhanov Russian University of Economics. – 2021. – S. 95-102.
5. The main directions of development of the financial market of the Russian Federation for the period 2019 – 2021. – [Electronic resource]. – Access mode: http://cbr.ru/Content/Document/File/44185/onfr_2019-21(project).pdf (date of access: 04/16/2022).
6. Bezuglova M.N., Sibileva I.V. Marketplace and crm-systems in the current conditions in the hotel industry // Vector of Economics. – 2017. – No. 12. – C. 57-65.
7. Kuznetsova N.V. On the subjects of commercial (trade) law // Bulletin of the University named after O. E. Kutafin (MSLA). – 2020. – No. 7 (71). – S. 105-112.
8. Rozhkova M.A. On the responsibility of aggregators and their online platforms – settlement of disputes // Economy and law. – 2018. – No. 9. – P. 21 – 32.
9. Gabov A.V. Digital Platform as a New Legal Phenomenon // Perm Legal Almanac. – 2021. – No. 4. – P. 13-82.
10. Instructions for working with the KazanExpress marketplace. – [Electronic resource]. – Access mode: https://business.kazanexpress.ru/manual/#_1-1-%D0%BF%D1%80%D0%B8%D0%BD%D1%86%D0%B8%D0%BF% D1%8B-%D1%80%D0%B0%D0%B1%D0%BE%D1%82%D1%8B-kazanexpress (date of access: 04/09/2022).
CIVIL LAW
MASLYUK Pavel Maksimovich
bachelor, lawyer of the LLC "Contra" Legal Firm"
SPECIFICS OF THE OWNERSHIP OF RELIGIOUS ORGANIZATIONS IN THE STRUCTURE OF THE ROC**: PROBLEMS OF THEORY AND LAW ENFORCEMENT PRACTICE
Religious organizations registered as legal entities are independent subjects of civil legal relations, have appropriate civil legal and legal capacity. Such organizations have the right to have property under ownership and exercise all legal powers against it. However, their internal documents contain provisions restricting and violating the rights of the owner, establish the possibility of the existence of double property, which fundamentally does not comply with the norms of the law.
This article analyzes the provisions of internal acts of religious organizations that are part of the structure of the Russian Orthodox Church, which are compared with civil law for the search for contradictions and violations, and examines judicial practice in order to establish the negative consequences of such a conflict. Based on the results of the study, ways to overcome existing problems are proposed.
Keywords: ownership, splitting, multiplicity of owners, religious property, canonical units of the Russian Orthodox Church, Charter of the Russian Orthodox Church.
Reference bibliographic list
1. Sklovsky K.I. Property in civil law. – Moscow: Statute, 2010. – 893 p.
2. Gabuev A.B. The plurality of owners of church property in modern Russia // Property relations in the Russian Federation. – 2017. – No. 1 (184). – C. 78-84.
3. Khlystov M.V. Subjects of property rights of religious organizations of the Russian Orthodox Church // Notary. – 2010. – No. 6. – P. 40-43.
CIVIL LAW
L.I. Yanan
postgraduate student of Civil law and process and private international law sub-faculty of the Peoples’ Friendship University of Russia
GENERAL GROUNDS FOR MARRIAGE TERMINATION IN CHINA
The article is devoted to the problem of legal regulation of family and marriage relations in terms of the grounds for marriage termination in the People’s Republic of China. The subject of the research is the grounds for termination of marriage in China. The aim of the study is to scientifically summarize the grounds for termination of marriage in Chinese family law. In accordance with the goal, the study posed and solved the following tasks: considered the historical legal traditions in relation to divorce in China; analyzed the novelties in modern Chinese legislation in relation to the grounds for termination of marriage; the views of Chinese and foreign jurists on the termination of marriage in China are considered. The research methodology is based on the use of general scientific and special- scientific methods of cognition, including formal legal, concrete historical, complex analysis method, culturological, dogmatic analysis method and others. The results of the study consist in the analysis of extensive materials of the practice of the Supreme People's Court and their scientific generalization. The scientific novelty lies in the fact that the research results allow expanding the theoretical understanding of the essence and structure of the institution of the family in China, and can also serve as a basis for further scientific development of individual theoretical and practical problems in this area . The practical significance of this study is determined by the applied nature of the analysis of current changes in legal norms related to the grounds for divorce in China.
Keywords: family law, China, dissolution of marriage, grounds for termination of marriage, institution of the family.
Reference bibliographic list
1. Wang G. Family and family etiquette in the traditional culture of the Chinese and Russians: a comparative ethnographic analysis: author. dis. … cand. history Sciences. – M., 2020. – 28 p.
2. Gong N. Protection of rights and freedoms according to the amendment to the PRC Marriage Law // Legal Science in China and Russia. – 2017. – No. 1. – S. 125-134.
3. Ishutina Yu.A. To the question of the transformation of the status of women in Chinese society in the era of modernization // Bulletin of the Kemerovo State University of Culture and Arts. – 2018. – No. 45. – S. 187-196.
4. Rusakova E.P., Hu Naixin. Spouses' property as objects of property rights in the PRC // Objects of civil and family rights under the legislation of the Russian Federation. – 2019. – No. 4. – S. 410-418.
5. Ji H. History of civil law codification. – Beijing, 2017. – 162 p.
6. Chua E. Battle Hymn of the Tiger Mother / transl. from English. E. Shcherbakova. – M., 2018. – 288 p.
7. Baiyi Wu, Wenlong Bian, Ying Xue, Hao Zhang. Confucian Culture and Homeownership: Evidence from Chinese Families. Journal of Family and Economic Issues. – 2021. – Vol. 42(9). – P. 85-96.
8. Chao-Wen Woo. Parts of Chinese family law translated and annotated with special reference to marriage, divorce, parents and children and support, also a comparison of adoption laws in China and Kentucky. typescript. Thesis (M.S.S.W.). University of Louisville. Kent School of Social Work. – 2021. – 52 p.m.
9. Chinese attitudes towards marriage: past and present. [Electronic resource]. – Mode of access: http://honisoit.com/2020/03/chinese-attitudes-towards-marriage-past-and-present/ (Date of access: 04/15/2022).
10. Hu N. Modernization of Chinese family law during the last years of the Qing Dynasty and the existence of the Republic of China (from the beginning of the 20th century to 1949). Legal Sciences. – 2020. – Vol. 3. – P. 182-185.
11. Leah Zhu. The traditional Chinese family. In book: The Power of Relationalism in China. – 2018. – P. 17-34.
12. Supreme Court of the People's Republic of China. Archive of court decisions. [Electronic resource]. – Access mode: http://english.court.gov.cn/cases.html (Accessed: 04/18/2022).
CIVIL LAW
WANG Wei
postgraduate student of Civil law and process and private international law sub-faculty of the Peoples’ Friendship University of Russia
JURISDICTION FOR CIVIL PROCEEDINGS INVOLVING FOREIGN PARTIES IN CHINA
Jurisdiction in civil litigation involving foreign persons refers to the qualifications of a court of one country to hear certain international civil and commercial cases and to exercise judicial power. Different countries in the process of historical development have established different legislation, therefore, when considering a case; different legal norms of countries will lead to different results, which greatly affects the interests of both parties. Thus, in jurisprudence, both parties in proceedings involving foreigners first try their best to fight for jurisdiction in order to influence the final outcome of the litigation.
This article analyzes the legislation of the People’s Republic of China in relation to jurisdiction in civil proceedings involving foreign parties; definition, classification and characteristics of different jurisdictions; and the decision of Chinese courts in a conflict of jurisdiction.
Keywords: civil litigation, foreign parties, exclusive jurisdiction, territorial jurisdiction, contractual jurisdiction, conflict of jurisdiction, Forum non conveniens, People’s Republic of China.
Reference bibliographic list
1. Ermakova E.P., Rusakova E.P., Mendoza-Molina S.V. Actual problems of the civil process: textbook. allowance M., 2017. S. 15.
2. Rusakova E.P., Wang Wei. Civil Litigation with the Participation of Foreign Persons in China // Arbitration and Civil Process. 2021. No. 9. C. 48-51.
3. Rusakova E.P. Integration of modern digital technologies in the legal proceedings of the People's Republic of China and Singapore // State and Law. 2020. No. 9. P. 102-109.
4. Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (rev. 2020). [Electronic resource]. – Access Mode: https://m.thepaper.cn/baijiahao_16144170.
5. Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968. [Electronic resource]. – Mode of access: https://www.jus.uio.no/lm/brussels.jurisdiction.and.enforcement.of.judgments.in.civil.and.commercial.matters.convention.1968/portrait.pdf.
6. 88/592/EEC: Convention on jurisdiction and the enforcement of judgments in civil and commercial matters – Done at Lugano on 16 September 1988. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A41988A0592.
7. Rusakova E., Frolova E., Kupchina E., Koshelev A. Comparative legal analysis of the procedural arrangements for attachment of earnings of a debtor in the law of the Russian Federation and China // IJASOS-International E-journal of Advances in Social Sciences, 2020/9/10. P. 93-99.
8. Rusakova E.P., Frolova E.E. Introduction of Digital Methods of Protection of Rights as a Legal Guarantee of Business Activity in the Modern World (on the Example of China) // Smart Technologies for the Digitization of Industry: Entrepreneurial Environment. 2022. P. 121-130.
9. Ludi,Zhou Xinjun. Study on Principle of Effective Connection in China’s Foreign Agreement Jurisdiction System // Journal of Qiqihar University (Phi& Soc Sci), Jun. 2019. C. 102-104.
10. He Qisheng. The Idea of Justice in a Large Country and the Development of International Civil Procedure in China // Social Sciences in China. 2017. No. 5. C. 123-146.
CIVIL LAW
EVSEEV Alexander Dmitrievich
student of the 3rd course of the Faculty of Law of the "Higher School of Economics"
THEORETICAL AND PRACTICAL ASPECTS OF THE APPLICATION OF THE PRINCIPLE OF UNITY OF FATE IN THE RUSSIAN LEGAL SYSTEM
The article deals with the problem of practical implementation of the principle of unity of fate in the Russian Federation. It is shown that the problem of regulating this principle is due to the chaotic and inconsistent regulation of this issue by land and civil legislation. Since there is no precise regulation of the same actions in land and civil legislation.
Keywords: unity of destiny, Russian legal system.
Reference bibliographic list
1. The tragedy in Sochi: what caused the massacre. [Electronic resource]. – Access mode: www.vesti.ru/article/2573305. (date of access: 04/02/2022).
2. Chukovskaya E.E. Superficies // Great Russian Encyclopedia. Electronic version. [Electronic resource]. – Access mode: https://bigenc.ru/law/text/4173885 (date of access: 03.03.2022).
3. In paragraphs. 5 p. 1 art. 1 of the Land Code of the Russian Federation “No. 136-FZ dated October 25, 2001 (as amended on February 16, 2022) (as amended and supplemented, effective from March 1, 2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_33773/ae1af 642112664f47a9e7afe92be8acce267e7e1/ (date of access: 03/10/2022).
4. Art. 135 "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on February 25, 2022) (as amended and supplemented, effective from December 29, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_5142/78b283a829ab39b6dbe6e7382e35f688663254ba/ (date of access: 03/10/2022).
5. Kiselev S.V. Land and building as a single object of real estate (on the example of European countries) // Real Estate and Investments. Legal regulation". – 2001. – No. 1 (6). [Electronic resource]. – Access mode: dpr.ru/journal/journal_5_13.htm. (date of access: 03/10/2022).
6. For example. see Decision of September 23, 2020 in case No. А67-5430/2020 of the Arbitration Court of the Tomsk Region (AC of the Tomsk Region), Ruling of the Supreme Court of the Russian Federation of December 30, 2015 No. 308-KG15-14547 in case No. А53-25867/2014.
7. For example. see Decision of October 4, 2021 in case No. А52-3104/2021 Arbitration Court of the Pskov Region (AC of the Pskov Region).
8. “Overview of the issues contained in the appeals of citizensgiven, representatives of organizations (legal entities), public associations, received by the Ministry of Economic Development of Russia, and measures taken” (approved by the Ministry of Economic Development of Russia).
9. Federal Law No. 9-FZ dated February 16, 2022 “On Amendments to Article 27 of the Land Code of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_409581/. (date of access: 04/02/2022).
10. Changes in the rules for granting land plots within the boundaries of the second belt of zones of sanitary protection of water supply sources: what does this mean and how to register the land? [Electronic resource]. – Access mode: https://mio.mosreg.ru/sobytiya/novosti-ministerstva/25-02-2022-15-35-39-izmeneniya-v-pravilakh-predostavleniya-zemelnykh-u (date of access: 04/02/2022 ).
11. About dacha amnesty and (or) extension of dacha amnesty. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_314301/45fc21faa7a66ac12372668d3e9fd21e6e203093/ (date of access: 04/02/2022).
CIVIL LAW
GILEVA Nadezhda Sergeevna
student of the 3rd course of the Law School of the Far Eastern Federal University
SUCCESS FEE: PROBLEMS AND PROSPECTS OF APPLICATION
The paper deals with topical issues and problems associated with the condition of remuneration, depending on the result of the provision of legal assistance. The author analyzes the judicial practice on the application of the success fee. In addition, the paper raises the question of the possibility of collecting as legal costs the amounts of the success fee on the other hand. At the end of the study, the author concludes that it is necessary to extend the legally fixed possibility of applying the success fee to persons who do not have the status of a lawyer, as well as to recover the success fee from the losing party as legal costs.
Keywords: success fee, remuneration, agreement, legal assistance, court costs.
Reference bibliographic list
1. Bagreeva E. G., Petukhov S. V. “Success fee”: legal and ethical nature // Eurasian Advocacy. – 2019. – No. 6 (43). – S. 23-25.
2. Voitov I. V., Chebotarev R. A. “Success fee” in Russia and foreign countries: Specifics of legal regulation // Ural Journal of Legal Research. – 2021. – No. 4 (17). – S. 19-27.
3. 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. – Moscow: M-Logos, 2017. – 1120 p.
4. Stepanova D. N., Emelina N. A. On the issue of legal regulation of the success fee // Science. Society. State. – 2020. – No. 3 (31). – P.180-186.
5. Chernyshev G.P. On the “success fee” (on conditional fees) // Law. – 2007. – No. 12. – P. 55-58.
CIVIL LAW
ZHILKIBAEV Sanat Nurbolovich
postgraduate student of the Department of Legal Regulation of Economic Activities of the Financial University under the Government of the Russian Federation
SPECIAL LEGAL PERSONALITY OF A COMMERCIAL ORGANIZATION WITH FOREIGN INVESTMENTS IN THE RUSSIAN FEDERATION AND CHINA
In the article, the author analyzes the features of the legal personality of commercial organizations with foreign investments (COFI) in the Russian Federation and China, which leads us to the allocation of this special type of commercial legal entity. The main thing here is the foreign element, which causes restrictions and additions to the national legal status and political and administrative control, leading to the instability of legal practice. This demands to allocate a special type of commercial corporate legal entity in the face of a commercial organization with foreign investment.
Keywords: Russia, China, foreign economic activity, foreign investment legislation, commercial organization, enterprise.
Reference bibliographic list
1. Alekseenko A.P. Legal regulation of relations in the field of foreign direct investment in the Russian Federation and the People's Republic of China: a comparative legal aspect: monograph / Ed. ed. V.S. White. – Moscow: Prospekt, 2018. – 192 p. – ISBN 978-5-392-24102-6.
2. Bazhanov P.V. Doing business in China: legal aspects. Issue 1: An overview of the legal environment for business: a book for lawyers accompanying business. – Moscow: Infotropic Media, 2015. – 212 p. – ISBN 978-5-9998-00209-5.
3. Borisenko P.I. The legal regime of foreign investment under Russian law: Abstract of the thesis. candidate of legal sciences: 12.00.03. [Place of protection: St. Petersburg. state university]. – St. Petersburg, 2012. – 23 p.
4. Veselkova E.E. Legal regulation of foreign investments in the Russian Federation: experience and prospects: monograph. – Moscow: KnoRus, 2017. – 160 p. – ISBN 978-5-406-07035-2.
5. Danelyan A.A. International legal regime of foreign investments: Abstract of the thesis. Doctor of Law: 12.00.10 / [Place of defense: Diplomat. acad. Ministry of Foreign Affairs of the Russian Federation]. – Moscow, 2016. – 49 p.
6. Lisitsa V.N. Civil law mechanism for regulating investment relations complicated by a foreign element: Abstract of the thesis. PhD in Law: 12.00.03 / [Place of defense: Institute of Legislation and Comparative Law under the Government of the Russian Federation]. – Novosibirsk, 2013. – 56 p.
7. Legal foundations of business in China: a collective monograph / Ed. ed. A.E. Molotnikov, V. Shan. – Moscow: RKYuO Publishing House, 2018. – 572 p. – ISBN 978-5-9909751-4-9.
8. Rytsev K.O. Administrative and legal regulation of the admission of foreign direct investment in the Russian Federation: Abstract of the thesis. … candidate of legal sciences: 12.00.14 / [Place of defense: Ros. acad. nar. households and state. service under the President of the Russian Federation]. – Moscow, 2016. – 26 p.
9. Salimzyanov A.I. Civil Law Regime of Foreign Investments in Special Economic Zones: Abstract of the thesis. PhD in Law: 12.00.03 / [Place of defense: Kazan (Volga Region) Federal University]. – Kazan, 2020. – 25 p.
10. Semochkina M.A. Investment activity with the participation of foreign investors in the Russian Federation: legal aspect: Abstract of the thesis. … can Date of legal sciences: 12.00.03 / [Place of protection: Mosk. state legal acad. them. O. E. Kutafina]. – Moscow, 2014. – 29 p.
11. 侯珊珊.论外商投资企业法律制度与内资公司法律制度的并轨. [Hou Shanshan. On the merger of the legal system of enterprises with foreign capital and enterprises with national capital] // 法律. [Law]. – 2017. – No. 3. – R. 102-107.
12. 孙楠杰.我国投资安全审查机制的法律构建. [Sun Nanjie. Legal structure of China's investment security verification mechanism] //法制博览. [Legal review]. – 2020. – No. 11. – R. 153-154.
13. 田柯. [Tian Ke. The effectiveness of the foreign direct investment supervision system based on the analysis of law and economics] // 长江师范学院学报. [Journal of Yangtze University]. – 2019. – Vol. 35. – No. 1. – P. 39-46.
CIVIL PROCESS
AGARKOVA Anna Andreevna
student of the I. T. Trubilin Kuban State Agrarian University
BELETSKAYA Viktoriya Alekseevna
student of the I. T. Trubilin Kuban State Agrarian University
DEMENTEEVA Irina Ilyinichna
Ph.D. in Law, associate professor of Civil process sub-faculty of the I. T. Trubilin Kuban State Agrarian University
COMPARATIVE ANALYSIS OF THE PARTICIPANTS OF THE CIVIL PROCESS AND THE ARBITRATION PROCESS OF THE CODES ON THE COLLECTION OF VIDEOCONFERENCING SYSTEMS AND THE WEB CONFERENCING SYSTEM
This article examines the history of the introduction of the use of videoconferencing and web conferencing systems in the framework of litigation, mainly civil and arbitration. In addition, special attention is paid to the legal regulation of the use of these systems by courts. Due to the existence of norms regulating the use of videoconferencing and web conferencing systems in both the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, an analysis was carried out and the differentiation of these norms was revealed.
Keywords: videoconferencing system, web conferencing system, technical equipment, legal proceedings, information technology tools.
Reference bibliographic list
1. Mikhailova A. Videoconferencing in courts: how it works and what problems arise with it // PRAVO.RU. – [Electronic resource]. – Access mode: https://pravo.ru/story/201570/ (date of access: 05/14/2022).
2. Samtynova E. The Armed Forces of the Russian Federation celebrates the 20th anniversary of the use of video conferencing // SPS GARANT. – [Electronic resource]. – Access mode: https://www.garant.ru/news/1361912/ (date of access: 05/14/2022).
3. In 2020, the courts considered over 115,000 criminal cases and materials via video link. – [Electronic resource]. – Access mode: http://rapsinews.ru/judicial_department_news/20210420/306987364.html (date of access: 05/14/2022).
4. Web conference in the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: https://www.vsrf.ru/files/28862/ (date of access: 05/14/2022).
CIVIL PROCESS
KOBLEVA Mariya Mukhadinovna
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Russian branch of the Russian State University of Justice
LUSEGENOVA Zinaida Sergeevna
Ph.D. in Law, associate professor, professor of Civil process law sub-faculty of the Russian branch of the Russian State University of Justice
MODERN FORMS OF ORGANIZATION OF JUDICIAL ACTIVITY: TRANSITION FROM INFORMATION ACTIVITY TO DIGITAL
The article proposes to consider the digitalization of justice as the process of introducing digital technologies into the process of organizing the activities of the court and the robotization of the process of justice itself. According to the authors, the focus of scientific attention on the processes of transformation of the functions of justice, will assist in modeling the digital form of judicial activity, will help predict the results of the introduction of digital technologies in the judicial protection of rights, minimizing deviations from the content of constitutional principles in a new judicial procedural form.
Keywords: virtual space; electronic justice; digital justice; robotization of judicial activity; program code of judicial practice; digital forms of judicial protection of rights; blockchain technologies, artificial intelligence in justice.
Reference bibliographic list
1. Khabrieva T.Ya., Chernogor N.N. The future of law. Legacy of academician V.S. Stepin and legal science. – Moscow: Russian Academy of Sciences; Institute of Legislation and Comparative Law under the Government of the Russian Federation; INFRA-M, 2020. – S. 35-36, S. 91-93.
2. Tikhomirov Yu.A., Golovina A.A., Plugina I.V. [and others] Legal space: boundaries and dynamics: monograph / Otv. ed. Yu.A. Tikhomirov. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2019. – P. 31-32.
3. Tikhomirov Yu.A. Legal space: boundaries and dynamics. – S. 39, S. 42-47.
4. Bachilo I.L. Legal platform for building an electronic state. [Electronic resource]. – Access mode: SPS “Consultant Plus”.
5. Bachilo I.L. Information law. – M., 2009. [Electronic resource]. – Access mode: SPS "Consultant Plus".
6. Tikhomirov Yu.A. Legal concept of robotization: monograph / Ed. ed. Yu.A. Tikhomirov.
7. Branovitsky K.L., Renz I.G., Neznamov A.V., Neznamov An.V., Yarkov V.V. Digital technologies and the civil process: problems of mutual influence // Herald of The Euro-Asian Law Congress. – 2018. – No. 2. – S. 56-68.
CIVIL PROCESS
MOSKOVSKIKH Aleksandr Olegovich
student of the Russian State University of Justice
POSSIBILITIES OF WEAK ARTIFICIAL INTELLIGENCE IN CIVIL PROCEEDINGS: REALITIES AND PROSPECTS
The article analyzes the issues of the impact of global digitalization on the civil process. The introduction of digital technologies in legal proceedings has already yielded certain results. The acceleration of this was facilitated by the establishment of restrictive measures in connection with the epidemiological situation in the world. The author drew attention to the group of weak artificial intelligence technologies represented by machine learning. The scientific novelty of the study lies in the attempt made by the author to identify the features of the use of weak artificial intelligence in the implementation of civil justice, determine the ways of their development and propose specific ways for further digitalization of the judicial system. The presented article is based on the following methods: analysis and synthesis of scientific literature, expert opinions, analysis of foreign and domestic experience. The article allows to guide the legislator and the law enforcer in the issues of the features of the real functioning of weak artificial intelligence today and determines the promising directions of its development, which is the practical significance of the study. With further active development, weak artificial intelligence will become the basis for strong, up to leveling the problems of making judgments in civil cases.
Keywords: Narrow Artificial Intelligence, civil process, digitalization of judicial activity, artificial intelligence in the implementation, judge, artificial judge.
Reference bibliographic list
1. Medvedev Yu. Academician Anokhin: Modern artificial intelligence is a “black box”. – [Electronic resource]. – Access mode: https://rg.ru/2020/10/20/akademik-anohin-sovremennyj-iskusstvennyj-intellekt-eto-chernyj-iashchik.html.
2. Federal Law “On Conducting an Experiment to Establish Special Regulations in Order to Create the Necessary Conditions for the Development and Implementation of Artificial Intelligence Technologies in the Subject of the Russian Federation – the Federal City of Moscow and Amendments to Articles 6 and 10 of the Federal Law “On Personal Data” dated April 24 .2020 No. 123-FZ (latest edition) // SPS Consultant. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_351127/ (date of access: 05/18/2022).
3. Decree of the President of the Russian Federation of October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” (together with the “National Strategy for the Development of Artificial Intelligence for the Period until 2030”) // SPS Consultant. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_335184/ (date of access: 05/10/2022).
4. Passport of the federal project Artificial Intelligence of the National Program Digital Economy of the Russian Federation (Appendix No. 3 to the Protocol of the Presidium of the Government Commission on Digital Development, the Use of Information Technologies to Improve the Quality of Life and the Conditions for Doing Business of August 27, 2020 No. 17) // SPS Consultant. – [Electronic resource]. – Access mode: http://www.consultant.ru/law/podborki/federalnyj_proekt_iskusstvennyj_intellekt/ (date of access: 05/20/2022).
5. Kerman A. Artificial intelligence helps American judges make decisions. – [Electronic resource] – Access mode: https://22century.ru/computer-it/61806.
6. Myalo D. Crouching tiger. Artificial intelligence in China decides cases, and judges administer justice on social media. – [Electronic resource] – Access mode: https://www.law.ru/article/22959-kradushchiysya-tigr-kak-iskusstvennyy-intellekt-stanovitsya-chastyu-sudebnoy-sistemy-kitaya.
7. Voinikanis E. A., Semenova E. V., Tyulyaev G. S. Artificial intelligence and law: challenges and opportunities for self-learning algorithms // Bulletin of the Voronezh State University. – 2018. – No. 4. – P. 137-148. 8. Ivanov M. – [Electronic resource] – Access mode: https://legal.report/resheniya-robota-sudi-polnostyu-ustraivayut-sluzhitelej-femidy/
9. Laptev V. Artificial intelligence in court: how it will work // Portal "Right". – [Electronic resource]. – Access mode: https://pravo.ru/opinion/232129/ (date of access: 04/27/2022).
10. Edovina T. SPIEF turned to artificial intelligence. – [Electronic resource] – Access mode: https://www.kommersant.ru/doc/3993010.
11. Momotov V. Artificial intelligence in court will not be neutral to humans. – [Electronic resource]. – Access mode: https://legal.report/viktor-momotov-iskusstvennyj-intellekt-v-sude-ne-budet-nejtralen-k-cheloveku/ (date of access: 04/27/2022).
12. How Baxter Robot Works. – [Video recording]. – [Electronic resource]. – Access mode: https://www.youtube.com/watch?v=gXOkWuSCkRI (Accessed: 05/21/2022).
13. IBM. – [Electronic resource]. – Access mode: https://www.ibm.com/watson/services/discovery/ (Accessed 10/23/2019).
CIVIL PROCESS
SINITSYNA Valeria Alexandrovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MITASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
DEMENTEEVA Irina Iljinichna
Ph.D. in Law, associate professor of Civil process sub-faculty of the I. T. Trubilin Kuban State Agrarian University
THE PROBLEMS OF RECOGNIZING PROPERTY AS OWNERLESS AND RECOGNIZING OWNERSHIP OF SUCH PROPERTY ON THE BASIS OF JUDICIAL PRACTICE
The article deals with the actual problems of procedural regulation of the situation of ownerless things on the basis of judicial practice and various scientific points of view on these problems. The difficulties arising in the process of resolving categories of cases related to the recognition of property as ownerless and the recognition of ownership of them are investigating options for resolving such difficulties are proposed. In particular, the issues relate to increasing the number of subjects eligible to file applications to the court for this type of cases, as well as options for simplifying judicial proceedings in order to speed up the resolution of cases and optimize the work of the courts.
Keywords: ownerless property, recognition of property as ownerless, acquisition of ownership of an ownerless thing.
Reference bibliographic list
1. Evstigneeva M.S., Fedorov A.G. "Recognition of ownership of ownerless property: current aspects of theory and practice" // Uchenye zapiski Tambovskogo otdeliya Rosmu. – 2020. – No. 20. – P. 94-101.
2. A. A. Mokhov, I. V. Vorontsova, and S. Yu. Civil process (civil procedural law) of Russia: textbook / Ed. ed. A.A. Mokhov. – M .: Law Firm Contract LLC, 2017.
3. Stepanova T.R. "Participation of the prosecutor in the consideration of cases on the recognition of ownership of ownerless things" // Bulletin of science and education. – 2019. – No. 11-1 (65). – R. 88-90.
HOUSING LAW
KIM Sergey Andreevich
student of the Institute of Law of the I. T. Trubilin Kuban State Agrarian University
MASLENNIKOVA Lyudmila Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
PROBLEMS OF PRIVATIZATION OF HOUSING IN THE RUSSIAN FEDERATION
This article examines the problems associated with the exercise by citizens of the Russian Federation of their rights in the process of housing privatization. An analysis of the shortcomings of the rights of citizens in the field of housing privatization is carried out. It is worth considering the fact that citizens can privatize residential premises if the right is established under a social tenancy agreement. The article analyzes and formulates ways to protect the housing rights of Russian citizens during the period of privatization of residential premises.
Keywords: housing law, privatization, citizens’ right to housing, housing stock.
Reference bibliographic list
1. Avekov V. Regulation of property relations in the economy // The Economist. – 2004. – No. 7. – S. 41-46.
2. Maslennikova L.V. Recognition of citizens as poor in order to register them as those in need of residential premises under the legislation of the Krasnodar Territory // Scientific journal of KubSAU. – 2014. – No. 100(06). – P. 15.
3. Atoyan L.V., Maslenniokova L.V. To the question of the concept, essence and content of the Constitutional right of citizens of the Russian Federation to housing // Epomen. – 2019. – No. 27. – P. 42-49.
4. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 26, 2013 No. 5-KG13-14. – [Electronic resource]. – Access mode: https://www.vsrf.ru/files/14312/.
5. Decision of the Shchekinsky District Court of the Tula Region No. 2-1443/2020 М-1304/2020 dated July 30, 2020 in case No. 2-1443/2020. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/qj0yntVEzBQS/.
6. Review of the judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2006 in criminal cases. – [Electronic resource]. – Access mode: https://www.vsrf.ru/files/12380/.
7. Federal Law "On the privatization of state and municipal property" dated December 21, 2001 No. 178-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_35155/.
HOUSING LAW
MASLENNIKOVA Ludmila Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
FEDONKIN Yuriy Nikolaevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
KONOVALOV Aleksandr Andreevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
SOME ISSUES OF PUBLIC HOUSING CONTROL
This article is dedicated to the study of the implementation of public housing control, as an integral part of public control. The legal nature of public control is considered as an opportunity for the participation of citizens of the Russian Federation in managing the affairs of the state and strengthening Russia as a legal and democratic state with a developed civil society. The list of normative legal acts that carry out the legal regulation of public housing control has been studied. The provisions of by-laws are analyzed, which develop in more detail the procedure for exercising public housing control. The relevance of the topic under study is due to the importance of housing legal relations in the quality of life of citizens, as well as a key place of public control, as a tool for citizens to protect their rights. The scientific novelty lies in the study of the problematic aspects of the implementation of public housing control and the development of proposals for their resolution.
Keywords: public control, public housing control, rights, public expert, citizen.
Reference bibliographic list
1. Pavlov N. V., Fedonkin Yu. N. General and distinctive features of administrative and legal fictions in the mechanism of legal regulation of public relations // Eurasian Law Journal. 2021. No. 7 (158). pp. 220-221.
2. Kosinenko N. N., Fedonkin Yu. N. On the issue of the activities of public inspectors for environmental protection // Scientific journal "Epomen". 2021. No. 63. P. 133-139.
3. Maslennikova L. V. Approval of the settlement agreement by the arbitration court, taking into account the mediation agreement concluded by the parties // Polythematic network electronic scientific journal of the Kuban State Agrarian University. 2014. No. 97. S. 1234-1248.
BUSINESS LAW
BAKHCHENYAN Artur Sarkisovich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
TO THE QUESTION OF SYSTEMATIZATION OF SOURCES OF COMMERCIAL LAW IN RUSSIA
The article deals with topical problems of systematization of the norms of commercial law in Russia. Topical issues of unification of the norms of law are described, ways of delimiting the commercial and civil law of the Russian Federation are described. The analysis of the dynamics of the development of commercial law norms, its gaps in terms of legal regulation was carried out, the need for the adoption of a codified act – the Commercial Code was noted and confirmed. The prospects for legislative changes in the field of commercial law are substantiated. Also in the article, the main legal acts in the field of sources of commercial law were analyzed and researched. As an example, some international sources of commercial law are given, on the basis of which there is a movement of commercial relations (logistics chains, economic efficiency calculations, trade turnover, commercial relations).
Keywords: commercial law, branch of law, commercial code, legal regulation, rulemaking, adoption of a codified act, commercial relations, source of law, legal regulation.
Reference bibliographic list
1. Andreev V.K. On the Concept for the Development of Legislation on Entrepreneurial Activity // Russian Judge. 2010. No. 9. S. 20-26.
2. Kudryavtseva L.V., Stavilo S.P. Human health, population – as priority objects of legal protection. In the collection: Health of the population – the basis of the prosperity of Russia // Proceedings of the IX All-Russian Scientific and Practical Conference with International Participation. Branch of RSSU, Anapa, 2015. P. 146-148.
3. Belykh V.S. Legal regulation of entrepreneurial activity in Russia: Monograph. M.: TK Velby, Prospekt Publishing House, 2013. S. 113-116.
4. Fatkudinov Z.M., Matygulin T.S. Sources of business law. Kazan: Publishing House "Taglimat" Institute of Economics, Management and Law, 2009. P. 22-24.
5. Shershenevich G.F. Trade Law Textbook / Entry. Art. V. Krasnokutsky. 9th ed. M., 1999. S. 15-17.
6. Zakharova E. I. Separate issues related to the functioning of arbitration courts // Epomen. 2022. No. 69. P. 126-131.
7. Kudryavtseva L.V., Zazirnyaya E.V. Problems of civil regulation of transactions with land plots // Modern fundamental and applied research 2016. No. 4 (23). pp. 342-346.
BUSINESS LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
KAVKAEVA Yuliya Aleksandrovna
magister student of the Institute of Law of the Samara State Economic University
MEDIATION AS A WAY TO PROTECT THE RIGHTS OF ENTREPRENEURS
This article analyzes the legislative and doctrinal definition of the mediation procedure. The authors have identified the advantages of using mediation in disputes between entrepreneurs, as well as problems hindering the development of this institution as a way to protect the rights of entrepreneurs and suggested ways to solve them. The position is defended that the mediation procedure in business disputes should be based on the principle of professionalism. In order to increase the degree of confidence in mediation as a way of resolving business disputes, the necessity of abandoning the institution of non-professional mediators is justified.
Keywords: mediation, mediator, entrepreneurial activity, alternative dispute resolution, entrepreneurs, court.
Reference bibliographic list
1. Avimskaya O.V. Mediation as a procedure: stages of dispute resolution // Moral imperatives in law. – M., 2010. – No. 2 (8). – S. 62-75.
2. Volkov M.A., Shilovskaya A.L. To the question of the legal status of individual participants in mediation relations // Modern Law. – 2019. – No. 3. – S. 96-99.
3. Results of the use of mediation for 2019. [Electronic resource]. – Access mode: http://files.sudrf.ru/1546/user/Spravinfo/13/itogi_mediatsii_za_2019_god.pdf (date of access: 05/10/2022).
4. Kalashnikova S.I. Mediation in the field of civil jurisdiction: Ph.D. – M., 2010. – S. 258.
5. Kaldin M.A. Mediation as an instrument of corporate governance // National Council for Corporate Governance. – 2007. – No. 3. – S. 38-45.
6. Levushkin A.N. Mediation in entrepreneurial activity: problems of the effectiveness of law enforcement // Bulletin of the O.E. Kutafin. – 2020. – No. 7 (71). – S. 138-145.
LABOR LAW
VLADIMIROVA Oksana Alekseevna
Ph.D. in Law, Head of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
LYOVOCHKINA Nadezhda Vladimirovna
cadet of the 3rd course of the Samara Law Institute of the FPS of Russia
PROBLEMS OF COMPENSATION FOR HIRING HOUSING FOR EMPLOYEES OF THE PENAL SYSTEM
The article reveals problematic issues concerning compensation payments to employees of the penal enforcement system for hiring housing in the performance of their official duties. The study concerns Russian legislation in the field of social support for law enforcement officers in different regions of the Russian Federation. The ways of solving the problem of differentiation of compensation payments for the hiring of housing to employees of the penitentiary system who are in the service on a regional basis are proposed.
Keywords: compensation, guarantee, labor relations, payment, standard, penal enforcement system, housing costs, social protection.
Reference bibliographic list
1. Pakanich S.I., Topical issues of payment to employees of the penitentiary system of compensation for renting a dwelling // Criminal Justice. – 2019. – No. 14. – S. 12-16.
2. Polidi T.D. The use of urban planning and housing policy tools to increase the supply of affordable housing: Russian and foreign practice of increasing housing affordability. – M .: Foundation "Inst. of City Economics", 2018. – 20 p.
LABOR LAW
PSHIZOVA Elena Nasurdinovna
Ph.D. in Law of the Adygea State University
TKHARKAKHO Marina Medjidovna
Ph.D. in Law of the Adygea State University
DIGITALIZATION OF THE LABOR PROCESS: ANALYSIS OF FOREIGN LEGISLATION
This article analyzes the aspect of the formation and use of modern information and digital technologies in the development of labor relations. Particular attention is paid to the area of regulation of processes related to the implementation of one of the main constitutional postulates – the protection of labor rights of workers. In addition, the article touches upon the issue of the impact of regulatory regulation of the sphere of information support on the institution of protecting the rights and freedoms of citizens in European countries, and also provides an analysis of the most significant legislative formations that directly affect labor relations in the era of digitalization.
Keywords: information society, public administration, civil and human rights, labor law, platform, employment.
Reference bibliographic list
1. Polozhentseva Yu., Klevtsova M., Leontyev E. Effects of the economic space digitalization in the context of modern society transformation // Economic Chasopis-XXI. – 2019. – No. 11-12. – P. 78-87.
2. Sappirova A.A. Digitalization of the labor contract: prospects for legal regulation and protection of labor rights // University Legal Dialogues on the Law of the Digital Environment: Proceedings of the International Scientific and Practical Conference, Chelyabinsk, March 27-28, 2020. – Chelyabinsk: Publishing Center of SUSU, 2020. – P. 162-167.
3. Ivanov A.P. Modern regulations of the European Union and the Federal Republic of Germany in the era of digitalization // Bulletin of the International Law Institute. – 2018. – No. 4 (67). – S. 96-102.
4. Toropov D.A. Digitization of education in Germany in the context of a pandemic: democratization or isolation? // Pedagogy. – 2021. – T. 85. – No. 4. – S. 122-128.
5. Serova A.V. Peculiarities of protecting the social and labor rights of platform workers (on the example of the mining legislation of France) // For the rights of workers! Priority directions for the development of labor and social security legislation: materials of the seventh International scientific and practical conference, Yekaterinburg, December 16-17, 2021. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education "Ural State Law University", 2021. – P. 155-159.
FINANCIAL RIGHT
ABDREEV Timur Irekovich
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Kazan branch of the Russian State University of Justice
LEGAL REGULATION OF MONETARY EMISSION AND MONETARY CIRCULATION OF RUSSIA IN THE CONDITIONS OF SANCTIONS PRESSURE OF INDIVIDUAL COUNTRIES
In the article, the author explores the issues of legal regulation of monetary emission and monetary circulation in Russia under the conditions of sanctions pressure of individual countries, which is an integral part of public finance. The author highlights the ways of issuing, and also shows the advantages in the legal regulation of the circulation of the digital ruble. Within the framework of countering sanctions pressure and within the framework of the EAEU integration strategy, the creation of a pricing system through the creation of a single exchange space of the union members, as well as the EAEU international currency, which will increase the financial stability of the EAEU member states, is considered.
Keywords: issue and monetary circulation, digital ruble, financial control, international currency of the EAEU.
Reference bibliographic list
1. Abdreev T.I. Peculiarities of legal regulation of appraisal activity: Intersectoral aspects: chapter of a monograph in 4 volumes. Rep. editor S.D. Mogilevsky [i dr.]. – Moscow, 2020.
2. Andryushin S.A., Rubinshtein A.A. Monetary policy of the Bank of Russia in the context of new financial technologies // Bulletin of IE RAS. – 2018. – No. 5. – S. 37-50.
3. Vasyanina E.L. On the Legal Nature of the Money Issue // Financial Law. – 2021. – No. 6. – S. 3-6.
4. Vasyanina E. L. Problems of implementation of the mechanism of budget financing // Financial law. – 2021. – No. 4. – S. 26-29.
5. Yunusov L.A., Yunusov I.A. Comparative analysis of the Great Depression and the crisis of 2008 // Audit and financial analysis. – 2014. – No. 1. – S. 402-405.
FINANCIAL RIGHT
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
MODINA Anastasia Aleksandrovna
magister student of the Samara State University of Economics
ON THE ISSUE OF BRINGING THE CONTROLLING PERSONS OF THE DEBTOR TO SUBSIDIARY LIABILITY IN THE BANKRUPTCY OF CREDIT INSTITUTIONS
The article examines the issues of bringing to subsidiary responsibility of controlling persons of the debtor. The specifics of the regulation of this category of disputes within the framework of the current bankruptcy legislation are emphasized. The changes in the current legislation regarding the establishment of the circle of subjects classified as controlling the credit institution are analyzed. The explanations of the Supreme Court of the Russian Federation are considered in the context of bringing to responsibility the persons controlling the credit institution. The authors come to the conclusion that at the present stage, an optimal mechanism is being formed for bringing the debtor’s controlling persons to responsibility.
Keywords: insolvency, credit institution, arbitration court, debtor, controlling person, subsidiary liability, bankruptcy.
Reference bibliographic list
1. Gorbashev I.V. On some material and legal aspects of bringing to subsidiary liability in the clarifications of the Supreme Court of the Russian Federation // Bulletin of Civil Law. – 2018. – No. 4. – P. 154-202.
2. Konovalov I.V. Some problems of bringing to subsidiary liability of persons controlling a bankrupt credit institution // Scientific aspect. – Humanitarian sciences. – 2019. – No. 2. [Electronic resource]. – Access mode: https://na-journal.ru/2-2019-gumanitarnye-nauki/1611-nekotorye-problemy-privlecheniya-k-subsidiarnoi-otvetstvennosti-lic-kontroliruyushchih-kreditnuyu-organizaciyu-priznannuyu-bankrotom (date of access 04/30/2022).
3. Mikhnevich A.V., Oseledko A.N. The concept of persons controlling the debtor in bankruptcy proceedings // International Journal of the Humanities and Natural Sciences. – 2018. – No. 10-2. – S. 151-159.
4. Popondopulo V.F., Silina (Slepchenko) E.V. Responsibility of the head of the debtor and other persons in the bankruptcy case // Judge. – 2018. – No. 4. – P. 10-15.
FINANCIAL RIGHT
SHAPSUGOVA Marietta Damirovna
senior researcher of the Institute of State and Law of the Russian Academy of Sciences
ON THE MOBILIZATION OF FINANCIAL RESOURCES OF THE ORGANIZATION THROUGH THE ESTABLISHMENT OF PROFIT DISTRIBUTION STANDARDS IN ORDER TO IMPLEMENT THE PRINCIPLES OF THE MOBILIZATION ECONOMY
At the distributive stage of social production, financial resources are allocated to accumulation funds, consumption funds, depreciation funds, and profit. In this process, the leading role can be assigned to the finances of organizations as economic relations that do not exist outside the legal form.
It is at the stage of distribution that the methods of state regulation of the economy can work effectively, and financial flows can be directed to solving the most important state tasks – priorities of state construction in the conditions of economic transformation according to the mobilization type: updating fixed assets, introducing new technologies, improving the welfare of citizens, redistributing excess income for the above purposes.
The author comes to the conclusion that profit distribution standards for solving state super-tasks can be established by law.
Keywords: profit distribution, mobilization economy, distribution standards, organization finance, enterprise finance, private finance,
decentralized finance.
Reference bibliographic list
1. Ashmarina E.M. Financial and legal aspects of accounting systems of the Russian Federation: Dis. … doc. legal Sciences. – M., 2005.
2. Berdyshev S.N. Civil law for an accountant – M.: GrossMedia: ROSBUH, 2013. – [Electronic resource]. – Access mode: SPS Consultant Plus (date of access: 04/20/2022).
3. Bolshakov S.V. Enterprise finance: theory and practice. – M.: Knizhny Mir, 2006.
4. Kuter M.I. Introduction to accounting: Textbook. – [Electronic resource]. – Access mode: educational electronic edition (textbook). – Electron. Dan. (23 Mb). – 2nd ed. erased – Maykop: Elit, 2015. https://doicode.ru/doifile/regdoi/2015-2020/9785990738065.pdf (date of access: 04/25/2022). 5. Molyakov D.S. The theory of finance of socialist enterprises and branches of the national economy. – M .: "Finance and statistics", 1986.
6. Financial results: accounting and tax accounting / L.N. Bulavina, N.V. Kulish, E.I. Kostyukova and others – M .: Finance and statistics, 2006.
7. Orlova E.V. Distribution of net profit: legal and accounting aspects // Financial Bulletin: finance, taxes, insurance, accounting. – 2010. – No. 7. – S. 68-74.
8. Salnikova Yu.N. Legal regime of profit of commercial organizations / Diss. Ph.D. – Yekaterinburg, 2009.
TAX LAW
DIBIROV Yusup Saybulaevich
senior lecturer of the Institute of Law of the Dagestan State University
GAPAEV Islan Gaparovich
magister student of the 2nd course of study of the Institute of Law of the Dagestan State University
CONTROL WORK OF TAX AUTHORITIES
The Constitution of the Russian Federation establishes the obligation to pay taxes fixed in it. Taxes and fees are a distinctive feature of any state, as well as an indispensable condition for its existence, allowing the state to perform its functions, including socially significant ones. Tax liability is unconditional, i.e. everyone is obliged to pay the established taxes. This obligation applies to citizens and legal entities. In order to ensure the fulfillment of tax obligations, special state bodies have been created with powers of control and supervision in the field of tax legal relations. This article will consider the control and supervisory mechanism of tax legislation.
Keywords: supervision, control, tax control, taxation, tax monitoring, tax audit.
Reference bibliographic list
1. Tax Code of the Russian Federation (part 1). 07/31/1998. No. 146-FZ // Collection of Legislation of the Russian Federation. 1998. No. 31. Art. 3824.
2. Law of the Russian Federation of March 21, 1991 No. 943-1 “On the tax authorities of the Russian Federation” // Bulletin of the SND and the Supreme Council of the RSFSR. 1991. No. 15. Art. 492.
3. Decree of the Government of the Russian Federation of November 16, 2020 No. 1830 “On optimization of the structure and number of federal state civil servants and employees filling positions that are not positions of the federal state civil service, federal ministries, the management of which is carried out by the Government of the Russian Federation, federal services and federal agencies subordinated to these federal ministries, federal services and federal agencies managed by the Government of the Russian Federation” // “Collected Legislation of the Russian Federation”. 2020. No. 47. Art. 7533.
4. Decree of the Government of the Russian Federation of May 17, 2016 No. 934-r (as amended on October 7, 2019) “On approval of the main directions for the development and implementation of a system for assessing the effectiveness and efficiency of control and supervisory activities” // Collected Legislation of the Russian Federation. 2016. No. 21. Art. 3075.
5. Decree of the Government of the Russian Federation of February 21, 2020 No. 381-r “On approval of the Concept for the development and functioning of the tax monitoring system in the Russian Federationa” // Collection of Legislation of the Russian Federation. 2020. No. 10. Art. 1357.
6. Order of the Federal Tax Service of Russia dated 09.11.2017 No. ММВ-7-1/846@ “On the indicators of the effectiveness and efficiency of the control and supervisory activities of the Federal Tax Service” // SPS ConsultantPlus.
7. Batasheva F.A., Batasheva E.A. The concept and role of tax audits in the system of tax law. – Text: direct // Young scientist. – 2015. – No. 21 (101). – S. 353-355.
8. Krokhina Yu.A. Tax law: a textbook for academic undergraduate studies. – 8th ed., revised. and additional – Moscow: Yurayt Publishing House, 2016. – 428 p. – T (Bachelor. Academic course). – ISBN 978-5-9916-6314-4. – Text: electronic // Educational platform. [Electronic resource]. – Access mode: https://urait.ru/bcode/389098 (date of access: 04/25/2022).
9. Moroz V.V., Moroz S.V. Indicators of the effectiveness of the work of tax authorities. – Text: direct // Problems of economics and legal practice. – 2018. – No. 2. – P. 50-52.
10. Skopintseva A.V. Tax control as an element of taxation management. – Text: direct // Young scientist. – 2016. – No. 17 (121). – S. 471-475.
TAX LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
VOLKOVA Irina Yurjevna
student of the Crimean branch of the Russian State University of Justice
PECULIARITIES OF TAXATION IN THE FREE ECONOMIC ZONE ON THE TERRITORY OF THE REPUBLIC OF CRIMEA
The article discusses the specifics of paying taxes and insurance premiums from participants of the free economic zone in the Republic of Crimea. Based on the study of federal legislation and the legislation of the Republic of Crimea, the currently existing preferential tax benefit regimes for participants of the free economic zone are formulated. In addition, based on the results of the analysis of materials of judicial practice, problems and contradictions in the interaction of subjects of authority and participants of the free economic zone are identified, as well as possible solutions are formulated.
Keywords: Republic of Crimea, free economic zone, taxation, tax legal relations, tax benefits.
Reference bibliographic list
1. Rudenko A. V. Formation of the legislation of the Republic of Crimea on administrative offenses / A. V. Rudenko, I. V. Bondarchuk // Eurasian legal journal. – 2021. – No. 10 (161). – S. 131-134.
2. Bondarchuk I. V. Problems of development of the legislation of the Republic of Crimea as a new subject of the Russian Federation / I. V. Bondarchuk, A. V. Rudenko // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 90-92.
3. Evsikova E. V. Systematization of the main approaches to the definition of the concept of "tax legal relations" // Eurasian legal journal. – 2015. – No. 4 (83). – S. 149-152.
4. Evsikova E. V. On the issue of reforming the system of taxes and fees in the Russian Federation in the context of the establishment and introduction of the resort fee // Bulletin of the Peoples' Friendship University of Russia. Series: Legal Sciences. – 2018. – T. 22. – No. 3. – S. 385-405.
5. Mamutov R. M. Free economic zone and its role in the sustainable development of the region (on the example of the Republic of Crimea) // Actual problems of the humanities and natural sciences. – 2017.
6. Novikova E. V., Zaykova K. V. Functioning of the free economic zone in the Republic of Crimea as a driver of the socio-economic development of the region // Economic development of Russia. – Volume 26. – No. 11. – 2019. – P. 74-83.
7. Kravchenko N. A. On the issue of the peculiarities of proceedings in administrative cases on challenging decisions, actions (inaction) of tax authorities and their officials // Eurasian Law Journal. – 2021. – No. 9 (160). – S. 226-228.
8. Evsikova E. V. Resort tax in the system of taxes and fees of the Russian Federation // Legal Bulletin of the DSU. – 2018. – T. 26. – No. 2. – S. 83-91.
TAX LAW
STEPANOVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Ural branch of the Russian State University of Justice
THE MAIN PROBLEMS OF REGULATION OF LEGAL LIABILITY FOR NON-PAYMENT OF TAXES IN THE RUSSIAN FEDERATION
The author of the study touches upon the issue of the legal foundations of legal liability for the commission of tax offenses. In particular, the study assesses the scientific and legal justification for such concepts as “tax” and “tax liability”, reveals their main features. In addition, the issue of forming the norms of legal responsibility in the field of taxation is considered by the author through the prism of existing problems. Among the various views and definitions of the above concepts, the author singles out only those that are directly supported by legal practice, and are also the most controversial (unresolved) in terms of their application.
Keywords: taxation, legal regulation, legal responsibility, economics, finance.
Reference bibliographic list
1. Akhtyrskaya N.V. slopeExemption from the payment of taxes, fees and (or) insurance premiums: the criminal-legal aspect: dis. … cand. legal Sciences Specialty 12.00.08 — criminal law and criminology; penal law. – Omsk, 2018. – 196 p.
2. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ // Collected Legislation of the Russian Federation. – No. 31. – 08/03/1998. – Art. 3824.
3. Trebunskikh A.G. Correlation between the concepts of taxes, fees, duties // Student Bulletin. – 2021. – No. 38-2 (183). – S. 48-50.
4. Tax law: a textbook for universities / Ed. S.G. Pepelyaev. – M.: Alpina Publisher, 2015. – S. 31-37.
5. Ponomareva E. S. Psychological causes of tax deviation // Youth science: development trends. – 2018. – No. 1. – S. 52.
6. Rachkova M.Yu., Baglay Yu.V. Criminal liability for tax crimes // Capital of Science. – 2020. –
No. 1 (18). – S. 54.
7. Ovcharova E.V. Problems of applying administrative responsibility for violations of tax legislation under the Tax Code of the Russian Federation (TC RF) and the Code of the Russian Federation on Administrative Offenses (CAO RF) // Administrative Law and Process. – 2005. – No. 2. – S. 17.
8. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on March 25, 2022, as amended on April 19, 2022) // Collected Legislation of the Russian Federation. – 24.12.2001. – No. 52 (part I). – Art. 4921.
9. Federal Law of March 9, 2022 No. 51-FZ “On Amendments to Articles 140 and 144 of the Code of Criminal Procedure of the Russian Federation” // Collected Legislation of the Russian Federation. – 14.03.2022. – No. 11. – Art. 1601.
10. Popkova Zh.G. Tax benefit as an institution of tax law: dis. cand. legal Sciences: 12.00.04. – M., 2019. – S. 120.
11. Tax Code of the Russian Federation (part two) dated August 5, 2000 No. 117-FZ (as amended on May 1, 2022) (as amended and supplemented, effective from May 16, 2022) // Collected Legislation of the Russian Federation. – 08/07/2000. – No. 32. – Art. 3340.
12. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on April 16, 2022, as amended on May 17, 2022) // Collection of Legislation of the Russian Federation. – 07.01.2002. – No. 1 (part 1). – Art. one.
13. Efremova E.S. To the discussion on the transfer of tax offenses to the Code of Administrative Offenses of the Russian Federation // Taxes and financial law. – 2010. – No. 2. – S. 176.
TAX LAW
TSOY Vladimir Revazovich
Paralegal of the Economic Bar Association, postgraduate student of Financial Law sub-faculty of the V. F. Yakovlev Ural State Law University
TAXATION OF LUXURY PROPERTY IN RUSSIA AND ITALY
The subject of the study are the provisions of the tax legislation of the Russian Federation and Italy, providing mechanisms for the taxation of immovable property qualifying as a luxury. The author reveals the content of the analyzed legislative acts, which establish the relevant criteria for determining the items qualifying as luxury. Through the analysis of the Tax Code of the Russian Federation, legislative acts of Italy, as well as law enforcement practice, the conclusion is made that there are mechanisms of taxation of immovable property related to luxury in the framework of the tax on property of individuals in Russia and the value added tax in Italy.
Ways of modernizing the existing legislative mechanisms for luxury taxation in the Russian Federation are proposed, through the application of cadastral categories of elite real estate existing in Italy.
Keywords: luxury items, luxury tax criteria, luxury real estate, cadastral categories, personal property tax, tax rate.
Reference bibliographic list
1. Letter of the Ministry of Finance of Russia dated September 13, 2018 No. 03-05-06-01 / 65622 // ATP Consultant Plus Kucherov I. I. Jewelry as part of luxury goods: the legal side of the issue // Lawyer. – 2020. – No. 10. – P. 63-67.
2. Decreto Ministeriale 2 agosto 1969. – [Electronic resource]. – Mode of access: https://www.gazzettauffici-ale.it/eli/id/1969/08/27/1304Q002/sg (accessed 29.01.2022).
3. Circolare n.31/E/ 2014. – [Electronic resource]. – Access mode: https://www.un-industria.it/canale/fis-cale/notizia/36001// (date of access: 01/29/2022).
4. La tassazione in Italia: lo stato dell'arte (aggiornato al 17 settembre 2021). – [Electronic resource]. – Access mode: http://documenti.camera.it/leg18/dossier/pdf/FI0141.pdf (Accessed 22.01.2022).
TAX LAW
DIBIROV Yusup Saybulaevich
senior lecturer of the Institute of Law 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
REGULATORY REGULATION AND CONDITIONS OF APPLICATION OF THE SIMPLIFIED TAXATION SYSTEM
The article is devoted to various aspects of the special taxation system, which received the name of the simplified taxation system. It is designed to stimulate the development of entrepreneurship in Russia, reducing the tax burden on business. The author reveals the purpose of the simplified taxation system, when switching to which an entrepreneur can optimize taxes, in contrast to the general taxation regime, which includes a larger number of taxes that differ in a complex calculation procedure. The article reveals the advantages and disadvantages of the simplified taxation system.
Keywords: Tax Code, simplified taxation system, special tax regime, individual entrepreneur, tax base, tax rate, value added tax, method of calculating the tax base.
Reference bibliographic list
1. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ (as amended on May 28, 2022) (as amended and supplemented, effective from June 1, 2022) // Collected Legislation of the Russian Federation. – 1998. – No. 31. – Art. 3824.
2. Tax Code of the Russian Federation (part two) dated 05.08.2000 No. 117-FZ (as amended on 05.28.2022) // Collected Legislation of the Russian Federation. – 2000. – No. 32. – Art. 3340.
4. Federal Law of December 29, 1995 No. 222-FZ (as amended on December 31, 2001, as amended on June 19, 2003) “On the Simplified System of Taxation, Accounting and Reporting for Small Business Entities” // Collected Legislation of the Russian Federation. – 1996. – No. 1. – Art. fifteen.
5. Russian Federation. The Federal Tax Service. On the procedure for the provision of financial statements by organizations using the simplified taxation system. Letter of the Federal Tax Service of the Russian Federation dated April 15, 2013 No. ED-4-3/6829. [Electronic resource]. – Access mode: https://base.garant.ru/70423116/ (date of access: 05/27/2022).
6. Russian Federation. Ministry of Finance. On the procedure for including amounts in the income of a taxpayer applying the simplified taxation system: Letter of the Ministry of Finance of Russia dated July 1, 2013 No. 03-11-06/2/24984. [Electronic resource]. – Access mode: https://base.garant.ru/70409102/ (date of access: 05/27/2022).
7. Russian Federation. Ministry of Finance. Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia. On the payment of personal income tax and the submission of tax reporting by organizations applying the simplified tax system when paying dividends to individuals: Letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia dated 02.02.2015 No. 03-04-06 / 4019. [Electronic resource]. – Access mode: https://base.garant.ru/70984704/ (date of access: 05/27/2022).
8. Russian Federation. The Federal Tax Service. On the application of the simplified taxation system: Letter of the Federal Tax Service dated January 15, 2016 No. SD-4-3 / 290@. [Electronic resource]. – Access mode: https://base.garant.ru/71305156/ (date of access: 05/27/2022).
ENVIRONMENTAL LAW
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
LUKASHOV Maksim Sergeevich
student of the Higher School of Law and Forensic Technical Expertise Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
FOREST FIRES ON THE TERRITORY OF THE RUSSIAN FEDERATION: PROBLEMS AND METHODS OF SOLUTION
Based on the statistics provided by Rosstat, the number of forest fires tends to grow every year. This is primarily due to the human factor. The article deals with the problem of the occurrence and spread of forest fires on the territory of modern Russia, describes the problems arising in the legislative decision of this issue on the example of court cases, and also suggests methods and ways to solve the tasks. Judicial practice was reviewed, liability measures were studied. When writing a scientific article, the legislative framework and the experience gained during the study of this issue were applied.
Keywords: forest fires, forest protection, forestry, environmental protection, responsibility, court.
Reference bibliographic list
1. Vorobyov Yu.L., Akimov V.A., Sokolov Yu.I. Forest fires in the Russian Federation (state and consequences). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lesnye-pozhary-v-rossiyskoy-federatsii-sostoyanie-i-posledstviya/viewer (date of access: 03/25/2022).
2. Gundar S.V., Podgrushny A.V. Forest fire management. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/upravlenie-lesnymi-pozharami/viewer (date of access: 03/25/2022).
3. Environmental protection in Russia. Statistical collection. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/nmV0UuE3/Ochrana_2020.pdf (date of access: 03/25/2022).
4. Smirnov A.A., Smirnov A.P. Protection and protection of forests. Forest fires, study guide: Textbooks and manuals for universities, 2021.
5. Judicial practice. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/gQ6uLZtAeDgZ/ (date of access: 03/25/2022).
6. Thirnadtsatko O.A. Planning activities in the economic management system of forest protection of the forest industry. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/planirovanie-meropriyatiy-v-ekonomicheskoy-sisteme-managementa-lesoohrany-lesnoy-otrasli (date of access: 03/25/2022).
7. Shcherbov B.L., Lazareva E.V., Zhurkova I.S. Forest fires and their consequences. Russian Academy of Sciences, Siberian Branch, Institute of Geology and Mineralogy. V.S. Soboleva, 2015.
ENVIRONMENTAL LAW
Karev Dmitry Aleksandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
MAHMUDOV Magamed Salavudinovich
student of the Samara State University of Economics
OPPORTUNITIES FOR THE CREATION OF THE ENVIRONMENTAL CODE
This article touches analysis of the concepts of the proposed draft code with the problem of their introduction to the masses is given. The problems of introducing the code and methods of their solutions are demonstrated based on the analysis of regulatory legal acts. The idea of the structure of a unified concept of the ecological code with the conditions for its introduction is proposed The relevance of the introduction of the code on the territory of the state, the existing gaps in the legislation, certain nuances and the general form of the formation of environmental legislation in a single law are considered.
Keywords: Environmental Code, regulatory framework for environmental legislation, structure of the Environmental Code.
Reference bibliographic list
1. Ignatieva I.A. Codification of Environmental Legislation: Modern Problems and Conditions of Application // Ecological Law. 2008. No. 1.
2. Bogolyubov S.A. Actual problems of environmental law. M., 2014. 608 p.
3. The concept of the draft Federal Law "Environmental Code". [Electronic resource]. – Access mode: http://www.mnr.gvo.ru/
4. On environmental expertise: Federal Law of November 23, 1995 No. 174-FZ // SZ RF. 1995. No. 48. Art. 4556
5. The Constitution of the Russian Federation. Russian newspaper. [Electronic resource]. – Access mode: https://rg.ru/2020/07/04/konstituciya-site-dok.html (accessed 11/15/2020)
6. Surgical intervention. Russian newspaper. [Electronic resource]. – Access mode: https://rg.ru/2020/11/16/mishustin-obiavil-o-sokrashchenii-gosapparata-s-1-ianvaria-2021-goda.html (accessed 11/24/2020)
7. Bogolyubov S.A. "Problems and Tasks of the Environmental Code" // Ecological Law. 2010. No. 6.
8. Alikhanova R.A., Badalova R.Yu. The ecological crisis is a problem of modern society // Izvestiya ChechenskogoState Pedagogical Institute. 2019. V. 17. No. 1 (20). C. 16-19.
CRIMINAL LAW
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, colonel of police
VAGAPOVA Regina Ravilevna
Head of the Research Department of the Ufa Law Institute of the MIA of Russia
ZHURAVLEV Aleksandr Sergeevich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
ANALYSIS OF FRAUD IN THE FIELD OF LENDING
In this article, the author considered the criminal-legal characteristics of the crime provided for in Article 1591 of the Criminal Code of the Russian Federation “Fraud in the field of lending”. The substantiation of the existence of difficulties in the qualification of this corpus delicti is given, as well as the ways of improving the legal norms governing the legal relations under consideration are proposed.
Keywords: fraud, crime, regulatory legal acts, money, the sphere of lending, an individual, acrime.
Reference bibliographic list
1. Akhiyarov R.A. Controversial issues of qualifying fraud in the field of lending (Article 159.1 of the Criminal Code of the Russian Federation) // Eurasian Advocacy. – 2016. – No. 3 (22). – S. 37-40. – EDN WAGWWH.
2. Ermakov S.L. Legal regulation of bank credit // Laws of Russia: experience, analysis, practice. – 2012. – No. 11. – P. 3-11. – EDN PFZWOX.
3. Korepanova E.A. To the question of the object of the crime // Perm legal almanac. – 2018. – No. 1. – P. 467-472. – EDN YNGMLJ.
4. On judicial practice in cases of legalization (laundering) of funds or other property acquired by criminal means, and on the acquisition or sale of property knowingly obtained by criminal means: Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 7, 2015 No. 32 // Bulletin of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: SPS "Consultant-Plus" (date of access: 05/01/2022).
5. Smolin S.V. Topical issues of qualification of fraud in the credit sector // Criminal law. – 2014. – No. 6. – P. 65-72. – EDN THYYTB.
6. Shulga A.V. Property as a subject of crimes against property and its influence on the content of the object of these crimes // Russian investigator. – 2012. – No. 2. – S. 29-32. – EDN OXWKOV.
CRIMINAL LAW
ALYSHEV Sergey Sergeevich
senior lecturer of Criminal process sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CURRENT TRENDS IN CRIMINAL LAW EDUCATION IN THE SYSTEM OF MEASURES TO PREVENT JUVENILE DELINQUENCY
The article evaluates the current trends in the criminal legal education of minors. As a criterion for the effectiveness of the latter, the main trends of criminal behavior of adolescents are analyzed. It is recognized that the preventive measures taken in recent years are generally effective. Separately, the paper summarizes the main legal regulations and the current practice of legal education. It is concluded that the goal of the formation of general civil values and elementary legal knowledge among adolescents has received its proper consolidation at the legislative level, and the implementation of relevant legal ideas and declarative provisions has found its adequate embodiment in current practice. As a result, the authors draw attention to the need for a deeper theoretical study of the issues of criminal legal education of minors. The opinion is supported that at the present stage society faces the task of more intensive formation and development of a conscious positive attitude of minors to the criminal law [18].
Keywords: criminal law education, juvenile delinquency prevention, juvenile delinquency.
Reference bibliographic list
1. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993 (with amendments approved during the all-Russian vote on July 1, 2020) // SPS "ConsultantPlus".
2. On education in the Russian Federation: federal law of December 29, 2012 No. 273-FZ (as amended on March 24, 2021) // SPS ConsultantPlus.
3. On the development of the concept of legal reform in the Russian Federation: Decree of the President of the Russian Federation of July 6, 1995 No. 673 // SPS "Consultant Plus".
4. Strategy for the development of education in the Russian Federation for the period up to 2025, approved by the order of the Government of the Russian Federation dated May 29, 2015 No. 996-r // SPS "ConsultantPlus".
5. On amending the Regulations on the passport of a citizen of the Russian Federation: Decree of the Government of the Russian Federation dated May 20, 2021 No. 761 // SPS "ConsultantPlus".
6. On the approval of the federal state educational standard of higher education in the specialty 44.05.01 Pedagogy and psychology of deviant behavior (specialist level): order of the Ministry of Education and Science of Russia dated 12/19/2016 No. 1611 (Registered in the Ministry of Justice of Russia on 11.01.2017 No. 45175) // SPS "ConsultantPlus" ".
7. An exemplary basic educational program of secondary general education, approved by the decision of the federalof the educational and methodological association for general education, protocol dated June 28, 2016 No. 2 / 16-z // SPS "ConsultantPlus".
8. Exemplary basic educational program of basic general education, approved by the decision of the federal educational and methodological association for general education, protocol dated 04/08/2015 No. 1/15 (as amended on 02/04/2020) // SPS "ConsultantPlus".
9. Abdulgaziev R.Z., Alsultanov M.R., Mamichev V.N., Sukhorukova A.N., Sarukhanyan A.R., Sostin D.I. Social Causation of Criminalization of Cyber Crime Committed with the Use of Information Technology // International Journal of Advanced Trends in Computer Science and Engineering, 2019, vol. 8, no. 5, pp. 2459-2463. DOI: 10.30534/ijatcse/2019/90852019.
10. Abdulgaziev R.Z., Zhukova T.G., Sukhorukova A.N., Mamichev V.N., Arshinov A.S., Alsultanov M.R. Family welfare as a basis of fighting crime // AMAZONIA INVESTIGA, 2018, vol. 7, no. 17, pp. 143-149. WOSUID: WOS:000454437600013.
11. Schools will have a new specialist in educational work // Education in Moscow. – [Electronic resource]. – Access mode: https://obrmos.ru/go/go_scool/news/go_go_scool_news_sovet_2021. html (date of access: 11/18/2021). 12. Vakarina E.A., Golubikhina N.V. Legal education in the context of the problem of criminal liability of minors // Society and Law. – 2018. – No. 2 (64). – S. 125-128.
13. The post of adviser to the director of the school on education and work with children's associations will be introduced in 10 regions. – Access mode: https://edu.ru/news/glavnye-novosti/dolzhnost-sovetnika-direktora-shkoly-po-vospitaniy/ (date of access: 11/18/2021).
14. Kibalnik A.G., Volosyuk P.V., Abdulgaziev R.Z. Russian dissertation research on criminal punishment: main trends in 2010–2019 // All-Russian Criminological Journal. – 2019. – T. 13. – No. 5. – S. 825-836. DOI: 10.17150/2500-4255.2019.13(5).825-836. WOSUID: WOS:000495984400013.
15. Ministry of Education of the Russian Federation. – [Electronic resource]. – Access mode: https://edu.gov.ru/national-project/projects/patriot/ (date of access: 11/18/2021)
16. Portal of legal statistics of the Prosecutor General's Office of the Russian Federation. – [Electronic resource]. – Access mode: http://crimestat.ru/ (date of access: 11/18/2021).
17. Sinyukova T.V. Legal education in modern conditions // Potential of modern science. – 2015. – No. 3. – P. 121-125.
18. Stetsura S.V. Criminal law education as a means of preventing juvenile delinquency: dis. … cand. legal Sciences. – Krasnoyarsk, 2003.
CRIMINAL LAW
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
BONDARENKO Sergey Vyacheslavovich
Ph.D. in Law, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
SOME PROBLEMS OF THEFT AND FRAUD QUALIFICATION
The article discusses the issues of delineation of crimes provided for in Articles 158 and 159.3 of the Criminal Code of the Russian Federation. In particular, the issue of qualification of certain actions containing simultaneously signs of the specified compositions is touched upon. Modern judicial practice on this problem is considered, and one of the possible options for its resolution is also proposed.
Keywords: theft, fraud, bank account, electronic means of payment, electronic money.
CRIMINAL LAW
IBRAGIMOVA Khanicha Alibuttaevna
Ph.D. in Law, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
THE DEATH PENALTY AND ITS IMPACT ON PREVENTION, CRIME PREVENTION
The article provides a brief historical overview of the genesis of the criminal punishment of the death penalty, its appointment and execution. The article analyzes the peculiarities of attitudes towards the use of the death penalty in various countries and in Russia at different stages of the country’s development. Some reasons for the preservation of the death penalty in the modern world are indicated. And it is also noted whether the existence of the death penalty is effective in the fight against crime.
Keywords: criminal responsibility, punishment, death penalty, punishment, retribution, life sentence, efficiency, crime prevention.
Reference bibliographic list
1. Dolgova A.I. Crime, its organization and criminal society. M., 2003. S. 84.
2. Luneev V.V. Criminal globalization // State and law. 2004. No. 10. C. 32.
3. Rozhnov A.A. The death penalty in the Moscow State according to the Code of 1649 and the legislation of the second half of the 17th century. S. 97.
4. Sergievsky N.D. Fav. tr. M., 2008. S. 247-248.
CRIMINAL LAW
AL HAMMOUD Ibrahim Arif Abdulhussain
postgraduate student of the specialty “Criminal Law and Criminology; Penal Enforcement Law” of the Law Institute of the Peoples’ Friendship University of Russia
KASSAB Mohammed Salah Hadi
postgraduate student of the specialty “Criminal Law and Criminology; Penal Enforcement Law” of the Law Institute of the Peoples’ Friendship University of Russia
GOVERNMENT COUNTERMEASURES AND ANTI-CORRUPTION EFFORTS IN EGYPT
The article discusses the fight against corruption, which is a key threat to good governance, democratic processes and honest business practices. Strengthening the fight against corruption is one of the main priorities of Egypt. The author, examining Egypt's National Anti-Corruption Strategy and the operational measures and practices carried out in the country to curb corruption manifestations, comes to the conclusion that despite the success achieved as a result of the countermeasures taken and efforts to combat corruption, Egypt should continue to develop effective anti-corruption tools within the framework of a strong anti-corruption strategy, since the fight against corruption requires not only great efforts, but is also a long-term undertaking that requires political recognition of the problem, the political will and determination to fight it, as well as the development of a number of well-thought-out countermeasures.
Keywords: the fight against corruption in Egypt, state countermeasures, anti-corruption activities of the state, the National Anti-Corruption Strategy of Egypt.
Reference bibliographic list
1. Shorokhov V.E. Anti-Corruption Policy of the United Nations and Russia: Comparative Legal Aspect // International Public and Private Law. 2019. No. 6. S. 36-39.
2. Shorokhov V.E. Legal foundations of the state anti-corruption policy in Russia // Russian justice. 2019. No. 11. S. 49-51.
3. Shorokhov V.E. World practices of forming a system of anti-corruption education and training in the context of the development of civil society // Civil society in Russia and abroad. 2019. No. 3. S. 11-14.
CRIMINAL LAW
GADZHIEVA Patimat Dayitbegovna
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
IBRAGIMOV Magomed Abdulmuminovich
Ph.D. in Law, Dean of the Faculty of Management and Law of the Dagestan State Pedagogical University
RAJABOVA Raisa Valievna
Ph.D. in political sciences, associate professor of Pedagogy sub-faculty of the Dagestan State Pedagogical University
TOPICAL ISSUES OF PREVENTION OF DEVIANT BEHAVIOR OF MINORS IN THE CONDITIONS OF THE EDUCATIONAL SPACE OF THE SCHOOL
This article, based on the analysis of the regulatory literature and the existing practice of working with juvenile offenders of law enforcement agencies and educational organizations, reveals the main causes of adolescent deviation, manifested in illegal behavior. The article argues for the need for a systematic holistic approach to solving the problem of prevention of deviant behavior of adolescents as a negative asocial phenomenon that generates crime among young people.
Keywords: deviant behavior, prevention, teenager, educational environment, minors, offenses, lawful behavior.
Reference bibliographic list
1. Baklanova N.K., Baklanov K.V. Scientific author's school "Professional skill and success of the activity of a pedagogical specialist" // Art and Education. – 2017. – No. 4 (108). – S. 94-104.
2. Baklanov K.V., Potapov D.A. The system of psychological support for the development of creativity of future teachers // Bulletin of the International Centre of Art and Education. – 2016. – No. 2. [Electronic resource]. – Access mode: http://www.art-in-school.ru/bul/2_2016_Potapov.pdf (date of access: 05/27/2022).
3. Zhuravleva E.A. Methods for diagnosing and preventing violence in a teenager's family // Social services. – 2019. – No. 3. – S. 39-44.
4. Rozhdestvenskaya N.A. Deviant behavior and the basics of its prevention in adolescents: textbook. allowance. – M.: Genesis, 2015. – 216 p.
5. Tabachkova A.S. Deviant behavior of teenagers as one of the social problems of the modern school. — Text: direct // Young scientist. – 2020. – No. 15 (305). – S. 69-71. [Electronic resource]. – Access mode: https://moluch.ru/archive/305/68644/ (date of access: 05/27/2022).
CRIMINAL LAW
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MAKHMUDOV Kadyr Shamkhalaevich
magister student of the 2nd course of the North Caucasian Institute (branch) 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 (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ENCROACHMENT ON THE LIFE OF TWO OR MORE PERSONS AND SPECIAL CRUELTY AS QUALIFYING SIGNS IN CRIMES AGAINST LIFE
This article examines the issues of the characteristics of the qualification of a murder committed against two or more persons and with special cruelty. The analysis of theoretical approaches proposed by scientists to the understanding of these qualified signs and the peculiarities of their establishment in law enforcement practice is given. Attention is drawn to the fact that Criminal legislation is characterized by the fact that the dispositions of article 105 of the Criminal Law contain evaluative terms regarding the characteristics of qualified signs, which complicates the process of qualifying these acts, therefore their proper legislative interpretation is necessary .
Keywords: murder, special cruelty, murder of two or more persons, qualification, judicial practice.
Reference bibliographic list
1. Universal Declaration of Human Rights / Adopted by Resolution 217 A (III) of the UN General Assembly of December 10, 1948 / Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950
2. Federal Law No. 323 "On the fundamentals of protecting the health of citizens in the Russian Federation" dated November 21, 2011.
3. Decree of the Plenum of the Supreme Court of the Russian Federation No. 1 dated January 27, 1999 No. 1 “On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)”.
4. Dubovichenko S.V., Moiseeva T.V., Pavlov A.A. Murder committed with particular cruelty: questions of theory and judicial practice // Bulletin of the Volga University. V.N. Tatishchev. – 2014. – No. 1 (80). – S. 51-58.
5. Criminal case No. 1-245/2018. Criminal case No. 1-344/2016. Archive of the Izberbash city court.
6. Aniyants M.K. Responsibility for crimes against life under the current legislation of the Union republics. – Moscow: Jurid. lit., 1964. – S. 59.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and G. Stoletov Vladimir State University, senior justice adviser
PANTYUSHINA Anastasia Igorevna
postgraduate student of the A. G. and N. G. Stoletov Vladimir State University
FEATURES OF THE CONSTRUCTION OF THE SUBJECTIVE SIDE OF THE CRIME UNDER ARTICLE 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article provides a theoretical and legal analysis of the structure of the subjective side of the offense under Art. 207.2 of the Criminal Code of the Russian Federation “Public dissemination of knowingly false socially significant information that entails grave consequences.” Modern theoretical concepts regarding the understanding of this element of the crime are summarized. A comparative legal study of the existing approaches is being carried out, on the basis of which reasonable author’s conclusions are made about the design, form and types of guilt in this crime.
Keywords: the subjective side of the crime; form of guilt; public distribution; deliberately false information; socially significant information; information about coronavirus infection.
Reference bibliographic list
1. Andreev V.L., Soloviev V.S. Criminal legal protection of public relations during the spread of a new coronavirus infection (COVID-19) on the territory of the Russian Federation // Society and Law. 2020. No. 2 (72). pp. 21-26.
2. Bychkov V.V. Public dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, and socially significant information that entailed grave consequences (Articles 207.1, 207.2 of the Criminal Code of the Russian Federation): criminal law characteristics and comparative analysis // Bulletin of the Academy of the Investigative Committee of the Russian Federation. 2020. No. 2 (24). S. 84.
3. Dagel P.S., Kotov D.P. The subjective side of the crime and its establishment. Voronezh, 1974. S. 59.
4. Zlobin G.A. Guilty imputation in the historical aspect // Criminal law in the fight against crime. M., 1981. S. 23.
5. Kibalnik A.G. Criminal legal response to the coronavirus pandemic // Legality. 2020. No. 5. S. 41-44.
6. Kuznetsov A.P. Criminal legal protection of public safety: a scientific review of Art. 207.2 of the Criminal Code of the Russian Federation // Russian tracevatel. 2020. No. 11. S. 28-31.
7. Nabiullina V.R. Criminal liability for public dissemination of knowingly false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation) // Altai Legal Bulletin. 2021. No. 2 (34). pp. 96-100.
8. Orazdurdiev A.M. The concept and signs of a complex crime // Russian investigator. 2022. No. 1. S. 42-46
9. Ponomarenko E.V. Criminal legislation of the Russian Federation in the context of the spread of a new coronavirus infection (covid-19) // Development of the sciences of the anti-criminal cycle in the light of global challenges to society: Sat. proceedings based on the materials of the All-Russian correspondence scientific and practical conference with international participation, Saratov, October 16, 2020. Saratov: Saratov State University. law academy, 2021, p. 155.
10. Sorochkin R.A. Criminal liability for a crime committed with two forms of guilt: author. dis. cand. legal Sciences. M., 2008. S. 4.
CRIMINAL LAW
SELEZNEVA Natalya Alexandrovna
Ph.D. in Law, associate professor of Criminal law, criminal process and criminalistics sub-faculty of the Peoples’ Friendship University of Russia
KABAKHA Mahdi F.M.
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Peoples’ Friendship University of Russia
THE SIGNIFICANCE OF PROVOCATION IN MURDER CASES UNDER JORDANIAN LAW
The article deals with the issue of provocation as a circumstance affecting the qualification of murder under Jordanian law. Based on the materials of judicial practice, situations related to the special role of the victim’s provocative behavior, which generates the criminal’s intention to commit a crime, entailing the most serious consequences for the victim, up to the deprivation of her life, are revealed.
Keywords: provocation, crime, victimization, justification, murder.
Reference bibliographic list
1. Omar A. The crime of adultery between Sharia and law. – Dar Al-Sawa Press, Cairo, 1991. – P. 455.
2. Al-Bazarkan A. The Penal Code (General Section) between Legislation, Jurisprudence and the Judiciary. – Baghdad, 2002. – P. 250.
3. Aladdin M. Legal Extenuating Excuses for Criminal Liability. – Akli Mohand Olhaj University, Bouira, 2017. – R. 57.
4. Yusuf Y. Legal Excuses in Algerian Legislation. – Abdel Hamid ibn Badès University, Algeria, 2019. – R. 23.
5. Khoury A. Punitive Policy in Algerian Law. – University of Algiers, 2008. – R. 76.
6. Bousqa'a A. Al-Wajeez in the Private Criminal Law. – Dar Houma, Algeria, 2nd Edition, 2010. – Part 1. – P. 34.
7. Bashir R. An excuse to provoke when suddenly committing adultery. – Badji Mokhtar University, Algeria. – P. 459 // Journal of Human Sciences, no. 46. - December 2016. – Volume B. – Pg. 451-467. – [Electronic resource]. – Access mode: https://www.asjp.cerist.dz/en/article/89146.
8. Amari A. Excuse for provocation in the crime of marital infidelity. – Batna University, Al-Ihya magazine. – no. 20/2017. – Page 521. – [Electronic resource]. – Access mode: https://www.asjp.cerist.dz/en/article/22592.
9. Judgment issued by the Jerusalem Court of Appeal held in Ramallah in its criminal capacity on 3/15/2011, and on 01/30/2012 in Appeal No. 103/2010. Published in the Judicial and Legislation System in Palestine. – [Electronic resource]. – Access mode: http://muqtafi.birzeit.edu.
10. Judgment issued by the Ramallah Court of Appeal held in the Nablus Court of First Instance on 1/19/2012 in Appeal No. 285/2011. Published in the Judicial and Legislation System in Palestine. – [Electronic resource]. – Access mode: http://muqtafi.birzeit.edu.
CRIMINAL LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of legal disciplines and teaching methodology sub-faculty of the Dagestan State Pedagogical University
SHUGAIBOVA Saida Shugaibovna
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
PROBLEMS OF INVOLVING A MINOR IN THE COMMISSION OF A CRIME
The article considers the elements of the crime provided for by Article 150 of the Criminal Code of the Russian Federation. The article analyzes some issues of qualification of involvement of a minor in a crime based on the analysis of current criminal legislation, materials of court documents and enforcement practices, scientific approaches and understanding of the author. The article was prepared in order to study the content of criminal means of preventing juvenile crimes.
Keywords: declension, involvement, involvement, qualification of offenses, involvement of minors in a crime.
Reference bibliographic list
1. Autlev M.G. Criminological characteristics and criminal law measures to counteract crimes against minors (Articles 150, 151 of the Criminal Code of the Russian Federation). Abstract dis. cand. legal Sciences. – SPB., 2004. – S. 12.
2. Dmitrievsky R.S. Involvement of minors in criminal activity (criminological aspect): Dis. … cand. legal Sciences. – M., 1995. – S. 165.
3. Krasikov A.N. Criminal law protection of human rights and freedomska in Russia. – Saratov, 1996. – P. 5.
4. Morozov A. Problems of interpretation and application of Article 150 of the Criminal Code of the Russian Federation // Criminal Law. – 2013. – No. 1. – P. 54-59.
5. Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of March 26, 1992 in the case of K. // Bulletin of the Supreme Court of the Russian Federation. – 1993. – No. 1. – P. 8.
6. Popov D.V. On mental violence as a sign of the objective side of the crimes under Art. Art. 150, 151 of the Criminal Code of the Russian Federation // Russian judge. – 2016. – No. 12. – P. 36-41.
7. Pudovochkin Yu.E. Responsibility for crimes against minors under Russian criminal law. – St. Petersburg: Publishing house "Legal Center Press", 2002. – P. 96.
CRIMINAL LAW
SIROTKINA Tatyana Gennadjevna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia, lieutenant of police
CHARACTERISTICS OF THE PERSONALITY OF A MINOR WHO HAS COMMITTED CRIMES OF AN EXTREMIST ORIENTATION
This article describes some of the causes and factors of extremist behavior of minors, provides socio-psychological characteristics of such persons, and also suggests measures to prevent the commission of extremist crimes by adolescents.
The author notes the importance of detecting and suppressing extremist sentiments in minors at early stages. The analysis of the influence of information technologies on the spread of extremism in general is carried out.
The personality structure of a minor who has committed this type of crime is considered as the most important link in the mechanism of criminal behavior.
Keywords: extremism, juvenile, extremist crimes, criminal identity.
Reference bibliographic list
1. Aminov D.I., Oganyan R.E. Youth extremism / Under the scientific. ed. R.A. Adelkhanyan. – M. Triada LTD, 2005. – P. 62: [Electronic resource]. — Access mode: https://search.rsl.ru/ru/record/01002714239 (accessed 04/28/2022).
2. Ermakova E.S. The concept and causes of extremism among young people // Young scientist. – 2017. – No. 51 (185). – S. 221.
3. Kamergoev B.M. Features of the spread of youth extremism // Socio-political sciences. – 2018. – No. 3. – P. 55.
4. Kushnir S.I. Social causes of crime in adolescence // Man. Crime and Punishment. – 2015. – No. 1. – S. 71-75.
5. Semochkina A.A. Criminological characteristics of the personality of a minor who commits violent crimes // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8 – S. 150-153.
CRIMINAL LAW
AL HAMMOUD Ibrahim Arif Abdulhussain
postgraduate student of the specialty “Criminal Law and Criminology; Penal Enforcement Law” of the Law Institute of the Peoples’ Friendship University of Russia
RESPONSIBILITY FOR CORRUPTION IN EGYPT
The article emphasizes that the level of corruption is high throughout the Arab region. This applies fully to Egypt. Corruption affects the daily lives of citizens and increases the sense of insecurity, prevents individuals from exercising their rights and freedoms and diverts valuable resources that could be used to promote economic and social development. The author, investigating the responsibility for corruption in Egypt, comes to the conclusion that the anti-corruption legislation of Egypt is insufficiently developed. At the same time, some progress has been made in this area in the country. It seems necessary to revise Egypt’s legal framework in terms of anti-corruption provisions in accordance with international anti-corruption standards.
Keywords: corruption in Egypt, punishment, responsibility, passive and active bribery, bribery, public sector, private sector.
Reference bibliographic list
1. Borisov S.V., Kashirkina A.A., Morozov A.N. et al. Anti-corruption standards of the Organization for Economic Cooperation and Development and their implementation in the Russian Federation / Ed. T.Ya. Khabrieva, A.V. Fedorov. – M.: IZiSP, 2015. – 296 p.
2. Vasiliev A.M. Tsunami of revolutions // Asia and Africa today. – 2011. – No. 3. – S. 2-18.
3. Levakin I.V. Corruption: socio-economic and historical-legal patterns // Russian justice. – 2013. – No. 10. – P. 34-36.
CRIMINAL LAW
VORZHEV Ivan Sergeevich
postgraduate student of Criminal law sub-faculty of the Kazan (Privolzhie) Federal University
CRIMINAL RESPONSIBILITY FOR VIOLATION OF INVIOLABILITY OF HOUSING IN THE LEGISLATION OF FOREIGN COUNTRIES
All human history is the history of how at different times the relations of an ordinary member of society with the state structures of this society developed, how universal human values were formed and spread, which are now undeniable. Only that society can be considered civilized, whose members are provided with a high level of personal freedoms, and these freedoms are guaranteed, among other things, by the laws of this society.
One of the guarantees of general civil liberties is the guarantee of the inviolability of the home, which is as important and inalienable as the guarantee of the inviolability of private life and the guarantee of other public freedoms. In many states, these guarantees are spelled out in their Constitutions, which indicates their undoubted importance for society.
In the article, we will analyze foreign norms of law in terms of the relationship between the right of citizens to the inviolability of their home with other rights declared by the state and related to the field of personal freedoms.
Keywords: constitution, country, law, housing, home inviolability, criminal code.
Reference bibliographic list
1. Criminal law of foreign states. Special part: Proc. settlement / Ed. and with preface. I.D. Kozochkin. – M., 2004. – 528 p.
2. The Constitution of the Italian Republic / Per. from Italian. L.P. Grinberg // Constitutions of the States of the European Union / Ed. ed. L.A. Okunkov. – M.: INFRA-M-NORMA Publishing Group, 1997. – S. 423-450.
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution "Research Institute of the Federal Penitentiary Service"
FEATURES OF EDUCATIONAL WORK WITH JUVENILE CONVICTS IN PENITENTIARY INSTITUTIONS
The topic of juvenile delinquency causes serious concern on the part of society and the State. After all, it is parents who should be engaged in the upbringing of children, but often the lack of attention from the family leads to illegal actions. And when a minor gets into a correctional institution, the educators of this institution face the task of helping to restore the skills of interaction with others and learn to respect society anew. This article examines the characteristics of juvenile convicts, the most important changes in their mental and physical development. Actual problems in relations with relatives, peers and specialists of educational colonies are highlighted. The main forms of mental disorders are highlighted. Special attention is paid to preventive recommendations that will help to organize the process of educational work in the future.
Keywords: juvenile delinquency, penitentiary institutions, juvenile convicts, educational colonies, educational work.
Reference bibliographic list
1. Stepanchikova S.A. Criminology: textbook. allowance. – M.: MIEMP, 2010. – 190 p.
2. Federal Service for the Execution of Punishments. [Electronic resource]. – Access mode: https://fsin.gov.ru/statistics/ (date of access: 04/21/2022).
3. Leonova O.V. Features of carrying out some investigative actions under the criminal procedure legislation // Actual problems of the modern criminal process in Russia: Collection of scientific articles. – Samara: Samara University, 2012. – S. 112-118.
4. Zorina N.S. Deviant behavior of minors as a factor in crime // Scientific works of the FKU Research Institute of the Federal Penitentiary Service of Russia: a scientific and practical quarterly publication. – Moscow: Federal State Institution "Research Institute of Information Technologies of the Federal Penitentiary Service", 2022. – P. 310-313.
5. Stepanov M.V. Educational work is the leading means of correcting convicts // Legal journal. – 2014. – No. 1. – S. 111-115.
6. Kravtsova M.M. Outcast children. Psychological work with the problem. – (Psychologist at school). – M.: Genesis, 2005. – 111 p.
CRIMINAL LAW
KOSHELEV Roman Igorevich
postgraduate student of Criminal law sub-faculty of the Kazan (Privolzhie) Federal University
THE PRECEDENCE OF PUBLIC DANGER IN SPORTS
Sport is an industrial and social activity in which hundreds of millions of people directly participate, and indirectly almost every one of us. The sports sector is characterized by individual crimes of varying degrees of public danger.
It should be noted that from a public point of view, the reaction of the law enforcement system to crimes occurring in the sports environment is far from always fair.
The precedent of public danger in sports legal relations is analyzed.
Keywords: sport, precedent, social danger, crime.
Reference bibliographic list
1. Alekseeva A.P. Crime in the sphere of professional sports // Izvestiya vuzov. North Caucasian region. Series: Social Sciences. – 2009. – No. 2. – C. 92-95
2. Bondarev V.A., Zhmurko R.D. Crimes in the field of sports // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 11-1. – S. 196-199;
3. Rozhnova K.Yu. Determinants of the occurrence of crime in the field of sports // Bulletin of the Penza State University // Penza: Penza State University. – 2021. – No. 2 (34). – S. 20-25.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. andG. Stoletov Vladimir State University, senior justice adviser
GORSHKOVA Natalya Andreevna
Ph.D. in Law, Deputy Head of Criminal law and criminology sub-faculty of the Institute of Law of the Vladimir Law Institute of the FPS of Russia, lieutenant colonel of internal service
THEORETICAL AND APPLIED ANALYSIS OF PENALIZATION OF CRIMES COMMITTED IN VARIOUS FORMS OF FAILURE TO PROVIDE ASSISTANCE AND LEAVING IN DANGER
The article discusses the features of the design of the sanction of articles 124 and 125 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), as well as the performance indicators of the courts of the Russian Federation for the period 2017 to 2021. in the field of sentencing for failure to provide assistance and leaving in danger. The article establishes the general natural tendencies of judicial activity in the field of penalization of crimes provided for in articles 124 and 125 of the Criminal Code of the Russian Federation. It is specified what types of punishment are the most preferable in this area. A general assessment of the law enforcement approach regarding the punishability of these criminal acts is given.
Keywords: failure to provide assistance; leaving in danger; criminal penalty; legal penalization; judicial penalty.
Reference bibliographic list
1. Berchansky K.A. Legal regulation of first aid and criminal liability for its failure // Actual problems of Russian law. 2022. No. 4. S. 86-101.
2. Report on the types of punishment for the most serious crime (excluding addition) for 12 months. 2017 – 12 months 2021 (Form No. 10.3). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 06/05/2022).
CRIMINAL LAW
STRAKHOV Igor Andreevich
postgraduate student of the Moscow City Pedagogical University
ON CERTAIN ISSUES OF CRIMINAL LIABILITY ARISING WHEN OBSTRUCTING THE LEGITIMATE ACTIVITIES OF A PROXY
The article deals with the issues of bringing to justice persons who hinder the exercise of the legal rights and obligations of representatives (proxies) of registered candidates and electoral associations during elections, referendums, and nationwide voting. The successful international experience of bringing to criminal responsibility in the commission of these actions of the CIS countries, in particular the Republic of Uzbekistan, is considered. The article presents proposals for improving the Russian criminal legislation in terms of bringing to criminal responsibility persons who interfere with the legitimate activities of proxies of candidates and electoral associations. The purpose of this work is to improve the criminal legislation of the Russian Federation in terms of providing criminal protection for individual participants in the electoral process. The main objectives of the study include, in particular, the analysis of the legislation of the CIS countries in the field of electoral law in terms of criminal prosecution in connection with the obstruction of the legitimate activities of proxies of candidates and electoral associations in order to borrow positive experience and integrate it into the system of national legislation of the Russian Federation.
Keywords: candidate's proxy, criminal law, criminal law, representative, electoral association, electoral law.
Reference bibliographic list
1. Solodovnikova S.V. Problematic aspects of the qualification of a crime under Art. 141 of the Criminal Code of the Russian Federation "Obstruction of the exercise of voting rights or the work of election commissions" // Leningrad legal journal. – 2015. – No. 4. – P. 205.
2. Knyazev S.D. Actual dissertation research on legal presumptions in the electoral law of the Russian Federation // Electoral Law. – 2012. – No. 3. – P. 54.
3. Starostina I.A. The Institute of Representatives in Electoral Law: Regulatory and Legal Characteristics // Bulletin of Moscow University. – 2010. – Series 11. Law. – S. 79.
CRIMINAL LAW
YUNDINA Maria Andreevna
master’s degree graduate of Criminal law and criminology sub-faculty of the Faculty of Law of the M.Lomonosov Moscow State University, Assistant Attorney at Law Office No. 31 “Asnis and Partners” of the Bar Association “Moscow City Bar Association”
ANALYSIS OF THE CRIME OF MERCENARISM AND ITS RELATIONSHIP WITH THE CONCEPT OF "WAR CRIMES"
This article is devoted to the consideration of the issue of the possibility of classifying mercenarism as a war crime under Russian law. To this end, the author provides a criminal-legal description of the Art. 359 of the Criminal Code of the Russian Federation, as well as the provisions of international humanitarian law. The article concludes that it is impossible to classify mercenarism as a war crime based on the definition of war crimes.
Keywords: mercenarism, war crimes, international humanitarian law, armed conflict, recruitment, training, financing.
Reference bibliographic list
1. Adelkhanyan R.A. War crimes as crimes against the peace and security of mankind: dis. Doctor of Law M., 2003.
2. Esakov G.A. Russian experience of criminalization of serious violations of international humanitarian law. Bulletin of Moscow University. 2015. No. 3. Series 11. Right.
3. Kokambo Yu.D., Skorobogatova O.V., Kuznetsova K.E. Mercenaries and private military companies in the context of modern international and Russian law // Bulletin of the Amur State University. Series: Humanities. 2019. No. 86.
4. Kuznetsova N.F. Crimes against peace and security of mankind // Course of criminal law. Special part: Textbook for universities / Ed. prof. G.N. Borzenkov and prof. V.S. Komissarov. M., 2002. T. 3.
5. The course of Russian criminal law. Special Part / Ed. V.N. Kudryavtseva, A.V. Naumov. M., 2002.
6. Pavlutskaya S.V. Murders committed under aggravating circumstances characterizing the features of the subjective side: Abstract of the thesis. dis. cand. legal Sciences. Vladivostok, 2009.
7. Parkhomenko S.V., Litvintsev A.A. The concept of "Mercenary" in international and Russian criminal law: a comparative legal aspect // Siberian Legal Bulletin. 2017. No. 3.
8. Pshenichnov I.M. Responsibility for hiring in Russian criminal law: theoretical and applied research: dis. cand. legal Sciences. Nizhny Novgorod, 2017.
9. Rusinova V.N. Violations of International Humanitarian Law: Individual Criminal Responsibility and Prosecution: Cand. Ph.D. M., 2005.
10. Tenchov E.S. Crimes against the peace and security of mankind // Criminal Law of Russia. Part Special: Textbook. M., 2005.
11. Trikoz E.N. Crimes against the peace and security of mankind: comparative and international legal aspects. M., 2007.
12. Criminal law of Russia. Special part. Volume 2 / Ed. O.S. Kapinus. M., 2015.
CRIMINAL PROCESS
ABAKUMOV Evgeniy Stepanovich
senior operative for particularly important cases of the Main Directorate of the MIA of Russia for the North Caucasus Federal District
ORGANIZATIONAL ISSUES OF THE USE OF ELECTRONIC DOCUMENT MANAGEMENT IN PRE-TRIAL PROCEEDINGS
The use of electronic and telecommunication means in modern society has predetermined the need for the introduction of electronic document management in the sphere of criminal procedural relations. However, the possibilities of using an electronic document at the stage of preliminary investigation are regulated improperly, or are not regulated at all. This situation does not allow participants in criminal proceedings to fully realize their legitimate interests, which is a violation of the constitutional right to access to justice. The author draws attention to the expediency of expanding the scope of electronic interaction between various subjects of criminal proceedings and simplifying the scheme of such interaction.
Keywords: electronic document, criminal procedural relations, subject of criminal proceedings, preliminary investigation, initiation of criminal proceedings.
Reference bibliographic list
1. Kukarnikova T.E. Electronic document in criminal procedure and criminalistics: dis. …cand. legal Sciences: 12.00.09. – Voronezh, 2003. – 203 p.
2. Rybin A.V. Electronic document as material evidence in cases of crimes in the field of computer information: procedural and forensic aspects: dis. …cand. legal Sciences: 12.00.09. – Krasnodar, 2005. – 192 p.
3. Medvedeva M.O. Criminal procedural form of information technology: current state and main directions of development: dis. …cand. legal Sciences: 12.00.09. – M., 2018. – 250 p.
4. Zigura N.A. Computer information as a type of evidence in the criminal process of Russia: dis. … cand. legal Sciences: 12.00.09. – Chelyabinsk, 2010. – 234 p.
5. Sergeev M.S. Legal regulation of the use of electronic information and electronic media in criminal proceedings: domestic and foreign experience: dis. … cand. legal Sciences: 12.00.09. – Kazan, 2018. – 322 p.
6. Balashova A.A. Electronic media and their use in criminal procedure evidence: dis. …cand. legal Sciences: 12.00.09. – M., 2020. – 216 p.
7. Cherkasov V.S. Legal regulation of the use of electronic means in proving at the pre-trial stages of the criminal process: dis. …cand. legal Sciences: 12.00.09. – Khabarovsk, 2022. – 210 p.
8. Borkovsky A.B. English-Russian Dictionary of Programming and Computer Science (with interpretations): approx. 6000 terms. – M., 1992. – 335 p.
9. Podvolotsky I.N. Legal and forensic aspects of the concept of "document" // "Black holes" in Russian legislation. – 2003. – No. 2. – P. 117-128.
10. Krasnova L.B. Computer objects in the criminal process and criminalistics: author. dis. cand. legal Sciences: 12.00.09. – Voronezh, 2005. – 24 p.
11. Fatkulin S.T. Problems of the use of electronic documents in criminal and arbitration proceedings // Law order: history, theory, practice. – 2018. – No. 4 (19). – S. 40-44.
12. Kuzmin S.S. Procedural-legal concept and meaning of an electronic document // Bulletin of the VSU. Series Right. – 2007. – No. 1. – S. 99-112.
CRIMINAL PROCESS
ABDULLOZODA Parviz Sadullo
Ph.D. in Law, associate professor of Justice and prosecutor`s supervision sub-faculty of the Law Faculty of the Tajik National University
PROCEDURAL ORDER FOR THE SURRENDER OF PERSONS SENTENCED TO IMPRISONMENT TO THE FOREIGN STATE TO SERVE PUNISHMENT ON THE EXAMPLE OF POST-SOVIET COUNTRIES
The article considers actual issues related to the procedural order of surrender of persons sentenced to imprisonment to serve their sentences in a foreign state on the basis of international legal acts and national legislation of post-Soviet countries. It is noted that the surrender of this category of persons is carried out primarily in the interests of the convicted person. More often convicts seek to serve a sentence of imprisonment in the state in which it is more “advantageous” for him to execute the sentence for personal reasons. The author emphasizes the lack of uniformity in terms of the competence of the central bodies of the post-Soviet countries carrying out the transfer: in some countries it is the General Prosecutor’s Office, in others – the Ministry of Justice. The established practice requires the consent of the convicted person, the transferring state and the receiving state. The receiving state independently ensures the execution of the punishment. Measures are proposed to improve the criminal procedural legislation, as well as the effectiveness of the mechanism for surrendering convicted persons to a foreign state.
Keywords: international cooperation, procedural order, surrender of persons, convicted person, imprisonment, serving a sentence, post-Soviet countries, criminal procedural legislation.
Reference bibliographic list
1. Biryukov P.N. International criminal proceduree law and the legal system of the Russian Federation: theoretical problems: dis. … doc. legal Sciences. Voronezh, 2001. 368 p.
2. Bykova E.V. Transfer of a person sentenced to deprivation of liberty to serve his sentence in the state of which he is a citizen: significance and problems. Prosecutorial and investigative practice. 2006. No. 3/4. pp. 51-54
3. Volzhenkina V.M. International cooperation in the field of criminal justice / Nauch. ed. B.V. Volzhenkin. SPb., 1998. 44 p.
4. Grinenko A.V. The practice of international cooperation of the Russian Federation in the field of criminal justice. International criminal law and international justice. 2013. No. 2. S. 3-4.
5. Erokhin V. Transfer of convicts to their homeland for further punishment. Russian justice. 1999. No. 8. S. 35-36.
6. Kalugin A.G., Shinkevich D.V. International cooperation in the field of criminal justice: questions of theory and practice: Proc. allowance. Krasnoyarsk, 2006. 192 p.
7. Lazutin L.A. Legal assistance in criminal cases as an intersectoral regulatory complex. Ekaterinburg, 2008. 404 p.
8. Panyushkina O.V. Norms of the legislation of the Russian Federation on the recognition and execution of sentences of foreign courts. Bulletin of VSU. Ser. Right. 2007. No. 2. S. 353-359
9. Santashov A.L., Santashova L.L. Procedural guarantees for the realization of the rights of those sentenced to deprivation of liberty at various stages of transfer to serve their sentence in the state of their citizenship // Bulletin of the institute: crime, punishment, correction. 2015. No. 2 (30). pp. 48-52.
10. Santashova L.L. Foreign experience of transferring persons sentenced to deprivation of liberty to serve their sentence in the state of their citizenship // Bulletin of the Saratov State Law Academy. 2015. No. 3 (104). pp. 226-231
11. Santashova L.L., Seryakova I.N. Santashov A.L. Features of the transfer of convicts to serve their sentences under the laws of the Federal Republic of Germany // Law and Law 2017. No. 12. P. 102-104
12. Smirnov A.M. The procedural procedure for the transfer of persons sentenced to deprivation of liberty to serve their punishment in the state of their citizenship // III International Penitentiary Forum "Crime, Punishment, Correction" (on the 20th anniversary of the entry into force of the Criminal Executive Code of the Russian Federation): Sat. abstract ledge. and report. participants (Ryazan, November 21-23, 2017): In 8 volumes. Ryazan, 2017. S. 231-232.
13. Shabanov V.B. European experience of transferring persons sentenced to deprivation of liberty to serve their sentences in the state of their citizenship // Bulletin of the Institute: Crime, Punishment, Correction. 2016. No. 1 (33). 11-13
14. Efendiev T.S. Transfer of a person to serve a sentence in the state of which he is a citizen // Russian investigator. 2009. No. 22. S. 8-13.
CRIMINAL PROCESS
ZAVGORODNEVA Ekaterina Valerjevna
lecturer of Criminal process and criminalistics sub-faculty of the Orenburg State University
REFLECTIONS ON THE REASONS FOR THE SPECIAL CRIMINAL PROCEEDINGS AGAINST CERTAIN CATEGORIES OF PERSONS
The article is devoted to the consideration of the grounds for granting persons listed in Article 447 of the Code of Criminal Procedure of the Russian Federation a special criminal procedural status. It is noted that the presence of such a category of persons is assessed by many scientists as contrary to constitutional norms. It is indicated that the reason for the legislator's deviation from a number of fundamental principles of law is not only the social significance of the activities of these persons on a state scale, but the trust placed in them by society by the very fact of granting certain powers. It is concluded that the exceptions provided for by the Criminal Procedure Code of the Russian Federation from the general procedure of production consist not only in ensuring the validity and legality of the criminal procedural decisions taken against such persons, but also in the fact that the primary The task of the investigation bodies should be to exclude the possible connection of the criminal event to be investigated with the counteraction to the performance of socially significant functions by these persons.
Keywords: criminal proceedings, persons with special status, socially significant functions, immunity, guarantees.
Reference bibliographic list
1. Kornakova S.V., Shcherbakova I.A. Guarantees of Independence Ensuring the Status of a Judge in the Russian Federation // Bulletin of the Tomsk State University. – 2018. – No. 433. – P. 180-185.
2. Vanyan K.D., Gilmanov I.R., Kosterin V.V., Lysov N.N. Inviolability of certain categories of persons as an institution of criminal procedure law // Development of legal science in new conditions: unity of theory and practice-2020: Sat. reports on the materials of the Intern. scientific-practical. Rostov-on-Don – Taganrog, October 23-24, 2020 – Rostov-on-Don – Taganrog: Southern Federal University, 2020. – P. 511-517.
3. Kornakova S.V., Shcherbakova I.A. Legal Status of Judges: Terminological Problems of Determining the Content of a Concept // Russian Judge. – 2018. – No. 4. – P. 43-47.
4. Oleinik O.M. Agreement on the transfer of powers of the executiveorgan of society: problems of qualification and application // Law. – 2015. – No. 12. – P. 150-158.
5. Kornakova S.V. On the issue of factors influencing the formation of public confidence in the court and justice // Russian judge. – 2020. – No. 1. – P. 14-19.
6. Pushkareva G.V. Trust in the public space of public administration // Public administration. Electronic Bulletin. – 2019. – No. 76. – P. 151-175.
7. Skripkina T.P. Psychology of trust: textbook. allowance Ed. G.S. Prokopenko. – M.: Ed. Center "Academy", 2000. – 264 p.
CRIMINAL PROCESS
IVANOVA Olga Gennadjevna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Siberian Federal University
NEDBAYLOV Pavel Andreevich
magister student of the Institute of Law of the Siberian Federal University
THE PROCEDURE FOR COLLECTING DIGITAL INFORMATION IN CRIMINAL PROCEEDINGS
The article examines the problem of collecting digital information in the course of a preliminary investigation in criminal cases. The main ways of involving digital information in the criminal process are considered. Investigative and other procedural actions aimed at securing digital information are determined, debatable issues related to legislative regulation of the procedure for handling information presented in digital form during the investigation of criminal cases are raised.
Keywords: digital information, evidence, collection of evidence, digital evidence, electronic media, investigative action.
Reference bibliographic list
1. Balashova A.A. Electronic media and their use in criminal procedure evidence: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2020.
2. Sparrow S.N. Problems of legal regulation of the procedural procedure for the seizure of electronic media and copying of the information contained on them // Law and Law. – 2020. – No. 1.
3. Gavrilin Yu.V. Electronic media in criminal proceedings // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 4.
4. Gavrilin Yu.V., Pobedkin A.V. Collecting evidence in the form of information on electronic media in criminal proceedings in Russia: it is necessary to improve the procedural form // Proceedings of the Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3.
5. Guzin A.R., Valieva Yu.M. Problems of regulating the collection of electronic information in the current legislation // Juvenis scientia. – 2017. – No. 1.
6. Dobrovlyanina O. V. Some aspects of the procedural seizure (copying) of electronic media // Perm legal almanac. Annual scientific journal. – 2019. – No. 1.
7. Zazulin A.I. Legal and methodological foundations for the use of digital information in proving in a criminal case: Abstract of the thesis. dis. … cand. legal Sciences. – Yekaterinburg, 2018.
8. Zuev S.V., Cherkasov V.S. New rules for the seizure of electronic media and copying of information: advantages and disadvantages of the novel // Siberian Legal Review. – 2019. – No. 2.
9. Pastukhov P.S. "Electronic evidence" in the normative system of criminal procedural evidence // Perm legal almanac. Annual scientific journal. – 2019. – No. 2.
10. Pershin A.N. Inspection of network information resources – a new type of investigative action? // Russian investigator. – 2020. – No. 1.
CRIMINAL PROCESS
KLESHCHEV Sergey Vyacheslavovich
Deputy Head of Organization and provision of disclosure and investigation of crimes sub-faculty of the Tver branch of the V. Ya. Kikot Moscow University of the MIA of Russia
METHODS OF COUNTERING CYBERCRIME IN THE UNITED STATES
The article examines the US regulations regulating the issues of countering cybercrime, and gives a description of the bodies working in this area. The problems of combating cybercrime existing in the USA are analyzed. First of all, there is a lack of a comprehensive strategic approach in the United States to identify, stop cyber attacks, and punish those who carry them out. Measures are proposed to improve its effectiveness. The need for convergence of transnational efforts and resources of the public and private sectors, ensuring proper training of law enforcement agencies for conducting cyber investigations is emphasized. It is noted that the main priority for the US government is to strengthen international cooperation and create alliances for a collective response to common cyber threats. Conflicts in the functions of institutions responsible for countering cybercrime should also be eliminated, paying special attention to rationalizing efforts, reducing duplication and clarifying jurisdiction. It is concluded that all these areas should be supported by a comprehensive US cyber enforcement strategy aimed at identifying, stopping global cyber attacks and punishing those who commit them.
Keywords: cybercrime, cybercriminals, cyber investigations, law enforcement agencies, strategy, coordination.
CRIMINAL PROCESS
LYUBIMOVA Alina Alekseevna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia, senior lieutenant of police
ARREST OF NON-CASH FUNDS OF THE SUSPECT, ACCUSED AS A WAY OF PROTECTION OF THE PROPERTY RIGHTS OF VICTIMS: FEATURES OF REALIZATION
Protection of proprietary rights of victims at the stage of preliminary investigation is one of the most important issues at the present stage of development of criminal proceedings. The author of article considers questions of practice of arrest of non-cash money of the suspected and (or) accused, as a measure on maintenance of protection of the property rights of victims in criminal proceedings. The problematic aspects of arrest of non-cash funds have been revealed. The importance of legislative regulation of deadlines for responding to the investigator’s enquiries is highlighted. Besides, the necessity of introducing the term “electronic document” in the criminal procedural legislation is pointed out. On the basis of the carried out analysis concrete offers on perfection of the criminal- procedural legislation of the Russian Federation are given.
Keywords: non-cash funds, suspect, accused, arrest of property, credit institution, property damage, request of the investigator, electronic document.
Reference bibliographic list
1. Grachev S.A. Banking secrecy in criminal proceedings: conflicts of interpretation and law enforcement // Russian investigator. – 2021. – No. 8. – P. 11-15.
2. Ivanov D.A., Ukhanova N.V., Filatova I.V. Essence and categorical list of property that can be seized in pre-trial proceedings in criminal cases // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 173-179.
3. Kiriyakova N.I. The ratio of cash and non-cash in the modern economy: displacement or preservation? // Bulletin of the Altai Academy of Economics and Law. – 2020. – No. 12. – P. 534-539.
4. Kulikov A.S. Arrest of various types of property in a criminal case. Errors of the investigation and courts // Criminal process. – 2022. – No. 5. – S. 24-31.
CRIMINAL PROCESS
MUSTAFINA Gulnara Mazhitovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
MELNIKOVA Alina Sergeevna
associate professor of General legal disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
THE RATIO OF OPERATIONAL-INVESTIGATIVE AND CRIMINAL-PROCEDURAL LEGISLATION IN OBTAINING SAMPLES FOR COMPARATIVE RESEARCH
This article discusses the features of the legal regulation of operational investigative and criminal procedure legislation of actions to obtain samples for comparative research. The presence of contradictions in the law may serve as a basis for recognizing the extracted sources as unacceptable. In order to improve the quality of legal regulation, it seems relevant to consider the problems of interpretation of operational investigative and criminal procedure legislation when obtaining samples for comparative research.
Keywords: crime, operational investigative activities, criminal proceedings, criminal prevention proceedings, human and civil rights and freedoms.
Reference bibliographic list
1. Lapin E.S. Legal characteristics of the operational-search measure "collection of samples for comparative research" // Law. Legislation. Personality. – 2016. – No. 2 (23). Criminal law, criminal procedure and criminalistics.
2. Sadchikov A.S. The use of samples for comparative research, obtained by the operational-search method, in the process of proving. – 2022. – No. 18 (63). [Electronic resource]. – Access mode: https://scilead.ru/article/2134-ispolzovanie-obraztsov-dlya-sravnitelnogo-iss.
3. Kudryavtseva A.V., Kudryavtseva Yu.A. Obtaining samples for comparative research in criminal proceedings in Russia (procedural nature, order, evidentiary value) monograph. – Moscow, 2014.
CRIMINAL PROCESS
SULEYMANOV Talyat Alievich
Ph.D. in Law, 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 of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
MASLENNIKOVA Ekaterina Aleksandrovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FEATURES OF PREPARATION AND VERIFICATION OF TESTIMONY ON THE SPOT DURING THE INVESTIGATION OF THE DISORGANIZATION OF THE ACTIVITIES OF INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article discusses the specifics of preparing and conducting on-site verification of testimony during the investigation of the disorganization of the activities of institutions of the Russian penal system that provide isolation from society. The tactical, organizational and regime features of the preparation and verification of testimony on the spot in a criminal case of this category are proposed.
Keywords: verification of testimony on the spot, the person being checked, the investigator, the suspect, tactical technique, disorganization of the activities of the correctional institution.
Reference bibliographic list
1. Features of the investigation of the disorganization of the activities of institutions that provide isolation from society: studies.-pract. allowance / A.V. Akchurin, E.V. Lyadov, E.V. Nazarkin, L.V. Novikova, O.A. Belov, A.G. Tsivkunov. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2012. – 75 p.
CRIMINAL PROCESS
NGUYEN Thu Trang
postgraduate student of the Institute of Law of the People's Friendship University of Russia
SPECIALIZEDFAMILYANDJUVENILECOURTINVIETNAM
In Vietnam, the Family and Juvenile Court is a new specialized court formally incorporated
into the law and organized in the judiciary after 2014. The purpose of the article is to research about this court in order to identify the
shortcomings and limitations that still exist, thereby presenting a series of recommendations to improve the efficiency of the Vietnamese
judicial system as a whole.
Keywords: Court, family case, juvenile, judicial system, Vietnam.
Reference bibliographic list
1. Văn Nghiệp Chúc, Mô hình Tòa gia đình và người chưa
thành niên – Báo Nhân Dân / Wang Ngyep Chuk. Model
family and juvenile court
summer. [Electronic resource]. – Access mode:
https://nhandan.vn/thoi-su-phap-luat/mo-hinh-toa-giadinh-va-nguoi-chua-thanh-nien-205963/ (date accessed
date: 05/13/2022)
2. Vetoshkin S.A. Juvenile law: Proc. allowance.
Ekaterinburg: Publishing house Ros. state prof.-ped. university,
2008. 169 p.
3. Rabets A.M. Juvenile law of the Russian Federation –
tions: textbook and workshop for undergraduate and graduate
strata. 4th ed., revised. and additional M.: Publishing house
Yurayt, 2018. 362 p.
CRIMINAL PROCESS
RADNEVA Elena Georgievna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SAVCHENKO Ivan Gennadjevich
student of the 5th course of the Crimean branch of the Krasnodar University of the MIA of Russia, junior lieutenant of police
SEPARATE PROBLEMS OF REALIZATION OF THE RIGHT TO DEFENSE AT THE PRESENT STAGE OF DEVELOPMENT OF CRIMINAL PROCEEDINGS
The article discusses some of the problems arising in the exercise of the right to defense of a suspect (accused) at the present stage of the development of the criminal process. The problematic aspects are analyzed and proposals for their regulation are made. The peculiarities of the problems of realization of the right to protection of persons who are minors are disclosed. The necessity of improving the procedural regulation of the rights exercised by the suspect (accused) during the criminal process in the case is determined.
Keywords: right to defense, realization of the right to defense, suspect, accused, criminal trial, minor.
Reference bibliographic list
1. Petrova I.A. The essence and problems of ensuring the right to protection in pre-trial proceedings // Alley of Science. – 2019. – No. 1 (28). – S. 685-689. [Electronic resource]. – Access mode: http://elibrary.ru/item.asp?id=37130487.
2. Yaselskaya V.V. On improving the procedure for resolving petitions at the stage of preliminary investigation // Criminal Justice. – 2018. – No. 2 (6). – S. 67-68.
3. Zhurba O.L., Radneva E.G. Separate problems of the implementation of the right to defense at the present stage of development of criminal proceedings // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky Jurisprudence. – 2019. – V. 5 (71). – No. 4. – S. 228-234.
4. Safonova A.A. Some problems of the defense attorney's entry into a criminal case // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 59-63.
CRIMINAL PROCESS
SAFONOV Andrey Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Training and Research Complex of Forensic examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Novorossiysk branch of the Krasnodar University of the MIA of Russia
GENERAL CONDITIONS OF INTERROGATION
The article is dedicated to the relevance of conducting one of the most common investigative actions – interrogation. The concept of investigative action, as well as, directly, interrogation in criminal procedure science and forensic literature are considered. The analysis is given of the general conditions inherent in all types of interrogation at the stage of preliminary investigation and trial, each of the conditions inherent in the interrogation was subject to a detailed description.
Keywords: interrogation, investigative action, criminal procedure Code, types of interrogation.
Reference bibliographic list
1. Arutyunyan A.A., Brusnitsyn L.V., Vasiliev O.L. etc. The course of the criminal process / Ed. L.V. Golovko. – M.: Statute, 2016. – 1278 p. [Electronic resource]. – Access mode: ATP "ConsultantPlus".
CRIMINAL PROCESS
SOKOLOV Yuriy Nikolaevich
Ph.D. in Law, associate professor of Criminalistics sub-faculty, associate professor of Information law sub-faculty of the V. F. Yakovlev Ural State Law University
ELECTRONIC PROTOCOL OF PROCEDURAL ACTION IN CRIMINAL PROCEEDINGS: "PROS" AND "CONS"
Taking into account the rapid development of information technologies in the Russian information society, the author naturally raises the issue of the planned replacement of a paper written and printed protocol with an electronic document. Separate norms of the criminal procedure law regulating the use of technical means during the preliminary investigation and examination of evidence in court proceedings are analyzed. Attention is focused on the legal basis for depositing electronic forensically significant information. Detailed conclusions are made and proposed on the gradual replacement of the written protocol form of criminal proceedings with the form of an electronic document.
Keywords: information technologies, forensically significant information, electronic document, electronic information carrier.
Reference bibliographic list
1. Aleksandrov A.S., Bostanov R.A. The use of derivative evidence in criminal proceedings. – M.: "Yurlitinform", 2013. – 320 p.
2. Zuev S.V. Electronic criminal case: for and against
// Law and order: history, theory, practice. – 2018. – No. 4 (19). – P. 6-12. 3. Zuev S.V., Nikitin E.V. Information technologies in solving criminal procedural problems // All-Russian criminological journal. – 2017. – T. 11. – No. 3. – S. 587-595.
4. The concept of the use of information technology in the activities of federal government bodies until 2010 and an action plan for its implementation, approved. Decree of the Government of the Russian Federation of September 27, 2004 No. 1244-r // Collection of Legislation of the Russian Federation. – 2004. – No. 40. – Art. 3981.
5. Meshcheryakova O.A. Organizational and procedural measures to prevent the loss of criminal cases in the system of crime prevention // Legal Bulletin of the Dagestan State University. – 2015. – T. 14. – No. 2. – S. 141-145.
6. Pastukhov P.S. "Electronic evidence" in the adversarial system of criminal procedural evidence // Society and Law. – 2015. – No. 1 (51). – S. 192, 193.
7. Pashin S.A. Evidence in the Russian criminal process. – M.: Complex-Progress, 1999. – 104 p.
8. Decree of the Government of the Russian Federation of December 27, 2012 No. 1406 “On the federal target program “Development of the Russian judicial system for 2013-2020” // Collected Legislation of the Russian Federation. – 2013. – No. 1. – Art. 13.
9. Program "Digital Economy in the Russian Federation" // Approved. Decree of the Government of the Russian Federation of July 28, 2017 No. 1632-r // Collection of Legislation of the Russian Federation. – 2017. – No. 32. – Art. 5138.
10. Code of Criminal Procedure of Georgia (dated October 9, 2009, No. 1772-Ps). – [Electronic resource]. – Access mode: https://jurytrial.ru/library/item/8847 (date of access: 06/01/2022).
11. Code of Criminal Procedure of the Republic of Kazakhstan dated 04.07.2014 No. 231-VI (as amended and supplemented as of 02.01.2022). – [Electronic resource]. – Access mode: https://online.zakon.kz/m/document/?doc_id=31575852 (date of access: 06/01/2022).
CRIMINAL PROCESS
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, major of internal service
PLOTKIN Dmitry Matveevich
Ph.D. in Law, Retired Investigator on particularly important cases, Honorary Worker of the Prosecutor’s Office of the Russian Federation, Senior Advisor to Justice, Member of the Union of Writers of Russia
THE USE OF HYPNOSIS DURING THE INVESTIGATION OF CRIMES
The authors note that the use of hypnosis in legal practice caused an ambiguous attitude of lawyers and social activists. At the same time, numerous experiments proved the effectiveness of the method to establish truth. Over time, direct prohibitions have become recommended, and hypnosis is used by the investigating authorities, although not very widely, in exceptional cases, to obtain operational information. It is important to get written voluntary consent to the use of hypnosis to witnesses and victims. In relation to the suspects or accused, to use this method is not allowed. The authors provide examples from the practice of the investigator in particularly important cases of the Ryazan regional prosecutor’s office D. Plotkin on the use of hypnosis to obtain the necessary information from a witness. Based on the above example, the authors noted that the use of such a peculiar and completely not recognized method as hypnosis is not only possible for investigative actions in some cases, but also necessary, also focused that the details of the crime can be restored with hypnosis, get unique information that cannot be obtained in any other way. In conclusion, it was concluded that in domestic law enforcement practice the methodology for the use of hypnosis during investigative actions is at the initial stage of development, but there is hope that it will find its place in the fight against crime and will become the beginning of the formation of a new promising direction – forensic hypnology, whose task There will be an improvement in the tactical equipment of investigative practice.
Keywords: criminal process, hypnosis, witness, victim, hypno-poll.
CRIMINAL PROCESS
SLYUSARENKO Ekaterina Sergeevna
investigator of the investigative part of the Main Investigative Department of the MIA of Russia in the Stavropol Territory, adjunct of the Academy of Management of the MIA of Russia
OBSERVANCE OF THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS WHEN MAKING A DECISION TO SUSPEND PROCEEDINGS IN A CRIMINAL CASE
The decision to suspend the preliminary investigation is quite common in investigative practice. To a certain extent, this is an obstacle to achieving the objectives of criminal proceedings. Gaps in the legislative regulation of the procedure for suspending proceedings in a criminal case do not allow the rights and legitimate interests of participants in the process who have their own interest in the case to be properly understood. The author draws attention to the need for legislative adjustment of certain norms providing for notification of the suspension of the investigation, the timelines of granting procedural status to the person who committed the crime, the election of preventive measures against him, as well as proving the circumstances of the act that determine the legality and validity of the decision to suspend pre-trial proceedings.
Keywords: suspension of preliminary investigation, participant in criminal procedural relations, search for a suspect, rights and obligations of subjects of criminal proceedings.
Reference bibliographic list
1. Maslov I.V. Actual problems of legal regulation of procedural terms in pre-trial proceedings in criminal cases: dis. cand. legal Sciences. – M., 2003.
2. Lifanova L.G. Separate problems of democratization of the preliminary investigation // Legal problems of strengthening Russian statehood: coll. articles / Ed. O.I. Andreeva, A.S. Knyazkov, N.V. Olkhovik, L.M. Prozumentov, M.K. Svirirdov, V.A. Utkin. – Tomsk, 2021.
3. Shatilo K.D. Suspension of inquiry and preliminary investigation. – M., 1963.
4. Zakirova E.F. Suspension of the preliminary investigation in the case when the suspect or the accused has fled from the investigation or his location has not been established for other reasons: dis. … cand. legal Sciences. – Izhevsk, 2004.
5. Livshits Yu.D., Kochetova A.V. Some questions of the effectiveness of the suspension of proceedings in a criminal case in the book: Sat. scientific works. – Chelyabinsk, 2004.
6. Shadrin V.S. Ensuring the rights of the individual in the investigation of crimes: author. … dis. doc. legal Sciences. – M., 1997.
7. Egorova M.S. Institute of suspension of proceedings in a criminal case and ensuring the rights and legitimate interests of participants in the criminal process in the implementation of its norms: Cand. legal Sciences. – M., 2003.
CRIMINAL PROCESS
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor of criminal law disciplines sub-faculty of the State Institute of Economicss, Finance, Law and Technology, Gatchina, Leningrad region
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Gatchina, Leningrad region
TOPICAL ISSUES ARISING AT THE CONCLUSION OF A PRE-TRIAL COOPERATION AGREEMENT
The article examines the current state and trend of development of criminal procedural norms regulating the activities of the prosecutor, preliminary investigation bodies and the court, when concluding a pre-trial cooperation agreement. The issues related to the implementation of the tasks assigned to them by the prosecutor, the investigator, for the implementation of criminal prosecution, which is directly related to the control of the implementation of these constitutional prescriptions in their activities, are highlighted.
Keywords: preliminary investigation, pre-trial cooperation agreement, prosecutor, criminal proceedings, criminal case, investigator, person with whom a pre-trial cooperation agreement was concluded, powers.
Reference bibliographic list
1. Tisen O.N. On the problem of limited prejudice of facts established in relation to the subject of a pre-trial cooperation agreement // Electronic journal "Russian Justice". – 2014. – No. 10. – P. 67.
2. Polyakova I.I. Features of the powers of the prosecutor and investigator in the application of a pre-trial agreement on cooperation // Bulletin of the Volga University. V.N. Tatishchev. – 2019. – No. 4. Volume 2. – P. 126-129.
CRIMINAL PROCESS
TRIFONOVA Kristina Alekseevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex for the Preliminary Investigation in the Internal Affairs Agencies of the Volgograd Academy of the MIA of Russia
ACTIVITIES OF A TRIAL INVESTIGATOR TO IDENTIFY SUBSEQUENT VIDEOCONFERENCING: CRIMINAL PROCEDURAL AND FORENSIC ASPECTS
The article discusses certain aspects of preparing for presentation for identification by remote means. The conditions for the production of identification by videoconferencing are analyzed. It is noted that the preparatory stage has a dual character. Recommendations on the preparation of instructions and requirements for technical equipment are presented.
Keywords: presentation for identification, video conferencing, web conferences, place of preliminary investigation, assignment.
Reference bibliographic list
1. Kostenko N.S., Ryzhkova O.A. Online interrogation at the pre-trial stages of criminal proceedings: myth or reality // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2021. No. 2. S. 132-136
2. Ryzhakov A.P. Investigative actions on the videoconferencing. Questions and answers. Criminal process. 2022. No. 3. [Electronic resource]. – Access mode: https://e.ugpr.ru/952817 (date of access: 03/18/2022).
3. Popova O.A. Tactical aspects of presentation for identification of persons in conditions that exclude visual observation of the identifying person by the identifiable person // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2016. No. 2. P. 107. P. 106-109
4. Code of Criminal Procedure of the Republic of Uzbekistan dated September 22, 1994 No. 2013-XII (as amended and supplemented as of March 14, 2022) // IS Paragraph "Lawyer". [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30421101 (accessed 20.03.2022).
CRIMINAL PROCESS
FAYRUSHINA Rimma Damirovna
Ph.D. in Law, Deputy Head of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, associate professor, Head of Civil Law and process sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
THE ROLE OF THE TRANSLATOR DURING THE INVESTIGATION OF CRIMINAL CASES BY THE BODIES OF INQUIRY
The article illuminates the criminal procedure status of the translator, his role during the investigation of criminal cases by the bodies of inquiry. Given the criminal procedure provisions, the translator is endowed with a complex of various rights and obligations, the main of which is the implementation of a qualitative translation for people who do not own, or not sufficiently owning the language of criminal proceedings. The question is acutely about determining the qualification of a translator, which is involved as a participant in criminal proceedings, as well as in the issue of searching for a translator, especially concerns the production of inquiry, the terms of which are compressed.
Keywords: translator, inquiry body, inquiry officer, officials preliminary investigation, criminal proceedings.
Reference bibliographic list
1. Zhdanova Ya.V. The language of criminal justice in the Russian Federation: theory and practice // Innovative development of the Russian economy: materials of the X International scientific and practical conference. Plekhanov Russian University of Economics; Russian Foundation for Basic Research. – 2017. – S. 77-81.
2. Yurtaeva V.N., Shigurov A.V. Problematic aspects of attracting an interpreter in Russian criminal procedure law // Protection of human rights during periods of foreign political tension: materials of the international scientific and practical conference. Middle Volga Institute (branch) VGUYu (RPA of the Ministry of Justice of Russia). – Saransk, 2019. – S. 140-143.
CRIMINAL PROCESS
BUI Cong Phu
postgraduate student of the Law Institute of the Peoples’ Friendship University of Russia
NGUYEN Duc Trung
magister student of the People's Security Academy of the Ministry of Public Security of the Vietnam
RIGHT TO SILENCE OF LEGAL ENTITIES AS ACCUSED IN VIETNAM
The right to silence is a new right of defendants in Vietnamese criminal proceedings. More specifically, the provision of this right for a new subject of the defendant is a criminal legal entity also raises a number of legal issues that need to be clarified. The article first analyzes the defendant's right to silence; on the provision of the criminal liability of the defendant being a legal person in the criminal law and criminal procedure of Vietnam; point out some legal issues that need clarifying about the right to silence of the defendant as criminal and give some suggestions for completion.
Keywords: right to silence, individuals, legal entity, criminal procedure.
Reference bibliographic list
1. Quyền im lặng hay la cảnh báo Miranda. – [Electronic resource]. – Access mode: https://anhsangluat.com/quyen-im-lang-hay-la-canh-bao-miranda/ (Date of access: 04/03/2022).
2. Trịnh Thị Hằng. Đảm bảo quyền im lặng trong tố tụng hình sự Việt Nam. 2017. – [Electronic resource]. – Access Mode: http://khoaluat.vinhuni.edu.vn/nghien-cuu-khoa-hoc/seo/bai-viet-dam-bao-quyen-im-lang-trong-to-tung-hinh-su- viet-nam-81006 (date of access: 04/06/2022).
3. Bạch Ngọc Du. Truy cứu trách nhiệm hình sự đối với pháp nhân phạm tội. – [Electronic resource]. – Access mode: https://tapchitoaan.vn/bai-viet/phap-luat/truy-cuu-trach-nhiem-hinh-su-doi-voi-phap-nhan-thuong-mai-pham-toi (date of access : 04/06/2022).
4. Bui Kong Fu. The procedural status of the accused in the criminal process of the legislation of the Socialist Republic of Vietnam: Historical and legal analysis / Eurasian legal journal. 2020. No. 6 (145). pp. 330-333. – [Electronic resource]. – Access mode: https://eurasialaw.ru/en/2020/6-145-2020 (date of access: 04/06/2022).
CRIMINAL PROCESS
MUTULOVA Altyna Sanalovna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
KANDUEVA Baina Darmayevna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
SANJIEVA Viktoriya Nikolaevna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
CHETYROVA Gilyana Nikolaevna
magister student of the 2nd course of the direction 40.04.01 "Jurisprudence" of the master's program "Criminal Procedure, Judicial branch, Prosecutor's Office, Advocateship" of the Kalmyk State University
SOME ISSUES OF THE EXPERT'S ACTIVITY IN CRIMINAL PROCEEDINGS
Thearticle discusses some aspects of the expert's activity. Despite the fact that the expert does not belong to persons who have an independent procedural interest, currently the investigation of most criminal cases is not complete without his participation. In this regard, the place of the expert in modern criminal proceedings is investigation. The requirements that are imposed on the expert are analyzed. The assessment of the discussion on the need to introduce the requirement for the examination by state expert institutions is given. The question of the mechanism for determining the need for an expert examination in a specific criminal case is also investigated.
Keywords: criminal proceedings, other participants in criminal proceedings, expert, expertise in criminal cases.
Reference bibliographic list
1. Komissarova Ya.V. Conceptual foundations of the professional activity of an expert in criminal proceedings: Dis. … doc. legal Sciences. Volume 1. – M., 2013.
2. Kontorova D.G., Rubeko G.L., Kolisnichenko E.A. Separate problems of consideration by arbitration courts of cases on the recognition of illegal decisions and actions (inaction) of bailiffs // Materials of the III Republican scientific and practical conference “The current state and prospects of rule-making and law enforcement activities of the Republic of Kalmykia. – Elista: Publishing House of KalmGU, 2010.
3. Kurepina N.L., Rubeko G.L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – No. 4. 4. Litvintseva N.Yu. Personal rights in criminal proceedings: a study guide. – Irkutsk: Publishing House of BGU, 2016.
5. Lukoshkina S.V., Bufetova M.Sh. Conclusion and testimony of an expert in Russian criminal proceedings // Siberian criminal procedure and forensic readings. – 2019. – No. 2.
6. Rossinskaya E.R. Forensic examination in civil, arbitration, administrative and criminal proceedings: Monograph. – M.: Norma, Infra-M, 2014.
7. Rubeko G.L. Fighting Corruption in Russia: Historical Aspects // Actual Security Issues of the Russian Federation: Proceedings of the Regional Scientific and Practical Conference. Regional branch of the All-Russian public organization "Association of Lawyers of Russia" in the Republic of Kalmykia, Department of the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
8. Rubeko G.L. Anti-corruption. – Elista: Publishing House of KalmGU, 2017.
9. Rubeko G.L. Authorized capital of economic companies: some problems of legal regulation // Lawyer. – 2016. – No. 10.
CRIMINAL PROCESS
BUI Sy Nam
postgraduate student of Criminal law sub-faculty of the Peoples’ Friendship University of Russia
ADAPTING INTERNATIONAL CONVENTIONS ON ESTABLISHMENT OF LEGAL ENTITIES’ CRIMINAL LIABILITY TO VIETNAM’S CRIMINAL CODE
This article reviewed specific provisions of international conventions related to the fight against crime including contents concerning legal entities’ criminal liability such as the United Nations Convention against Transnational Organized Crime 2000; United Nations Convention against Corruption 2003, with effect from September 18, 2009; OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1997 and Convention for the Suppression of the Financing of Terrorism 1999. As a party to these international conventions, Vietnam has concretized them in Vietnam’s Criminal Code.
Keywords: international convention, legal entity, corporate legal entity, criminal liability, punishment, criminal offense, subject bearing criminal liability.
Reference bibliographic list
1. Tonstuk V. L. International Law, Walters Kluber N. V. – Moscow, 2010.
2. Kế hoạch Chính phủ lấy ý kiến nhân dân về dự thảo BLHS sửa đổi năm 2015./ Government Public Opinion Survey Plan for Amendments and Changes to the 2015 Penal Code of the Socialist Republic of Vietnam.
3. Trách nhiệm pháp lý và Trách nhiệm hình sự của pháp nhân trong luật quốc tế, PGS. TS Nguyễn Thị Thuận, Trách nhiệm hình sự của PNTM – nhận thức cần thống nhất, Nxb tư pháp, 2020, tr.105 / Legal and criminal liability of legal entities in international law, Ph.D. Nguyen Thi Thuan, criminal liability of legal commercial entities – a set of concepts. – Ed. "Justice", 2020. – S. 105.
CRIMINAL PROCESS
KERIMOVA Adelya Rafikovna
postgraduate student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMATIC ASPECTS OF THE APPLICATION OF THE PROHIBITION OF CERTAIN ACTIONS
The article discusses some of the problems that arise when applying a preventive measure in the form of a ban on certain actions. The authors draw attention to the shortcomings of the current system of preventive measures. Federal Law of April 18, 2018 No. 72-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation regarding the election and application of preventive measures in the form of a ban on certain Actions, bail and house arrest”, Article 98 of the Code of Criminal Procedure of the Russian Federation was amended, namely, an addition to paragraph 4.1 on prohibitions of certain actions, and a new article was added – article 105.1, also devoted to the prohibition of certain actions.
Keywords: house arrest, jurisdiction, preventive measure, extension procedure, prohibition of certain actions, proportionality.
Reference bibliographic list
1. Andreeva O.I., Zaitsev O.A., Epikhin A.Yu. The prohibition of certain actions as a new measure to ensure the security of the individual in the criminal process // Bulletin of the Tomsk State University. – 2018. – No. 436. – S. 226-230.
2. Apostolova N.N. The prohibition of certain actions in the system of preventive measures // Russian justice. – 2019. – No. 3. – S. 23-25. 3. Bondarenko I.P. Features of the application of combined preventive measures in the context of the introduction of the prohibition of certain actions into the criminal process // Russian investigator. – 2021. – No. 1. – S. 26-30.
4. Kudryavtseva A.V. The creation of appellate and cassation courts will increase the authority of the judiciary // Criminal process. – 2019. – No. 2. – S. 50.
5. Stelmakh V.Yu. Preventive measure "prohibition of certain actions" // Russian investigator. – 2020. – No. 2. – S. 21.
6. Utkina S.S. Prohibition of certain actions. Review of regional judicial practice // Criminal process. – 2021. – No. 11. – S. 45.
7. Tsvetkova E.V., Simagina N.A. On the issue of introducing a new measure of restraint in the form of a ban on certain actions // Modern law. – 2019. – No. 7–8. – S. 133-137.
8. Chelishcheva V. I forbid you to call and write! // New Newspaper. – 2018. – No. 1. – S. 18-19.
CRIMINAL PROCESS
ROMANOVA Nelli Lvovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East-Siberian branch of the Russian State University of Justice, Irkutsk
TATARNIKOV Vladimir Germanovich
Ph.D. in Law, associate professor of Organization of judicial and law enforcement activities sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
TOLSTIKHINA Aleksandr Nikolaevich
associate professor of Physical training sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, colonel of police
VERSHININA Margarita Konstantinovna
student of the 3rd course of the Faculty of Training Specialists for the Judicial System, Faculty of Law of the East Siberian branch of the Russian State University of Justice, Irkutsk
MODERN PROBLEMS OF INTERACTION BETWEEN EMPLOYEES OF INVESTIGATIVE AND OPERATIONAL UNITS IN THE PRODUCTION OF INVESTIGATIVE ACTIONS
The article discusses the problems associated with the interaction of employees of investigative and operational units in the production of investigative actions. It is noted that investigative actions have a number of features and difficulties that prove the need to assist investigators in their production, because the correctness of the disclosure and investigation of crimes depends on the quality of production. Therefore, it is necessary to apply a number of measures aimed at increasing the level of assistance and mutual assistance by employees of investigative and operational units through detailed regulation of all conditions for such interaction, as well as a clear distribution of responsibilities between them.
Keywords: investigative actions, criminal case, investigator, operative unit employee, operational investigative activity.
Reference bibliographic list
1. Ponomarenko E.V. Production of investigative actions as a way to implement the procedural function of the investigator // Society and Law. – Voronezh, 2016. – No. 1 (55). – S. 186-189.
2. Smolkova I.V., Kalandarishvili Kh.A. The presumption of innocence is a constitutional principle of Russian criminal justice // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 2 (24). – S. 88-92.
3. Romanova N.L., Dneprovskaya M.A., Kalandarishvili Kh.A. Legal nature of a judicial fine: a comparative legal aspect // Siberian Legal Bulletin. – 2019. – No. 3 (86). – S. 92-97.
4. Kolosovich M.S. Modern issues of procedural regulation of covert proceedings and the interaction of the investigator with employees of operational units // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – Kazan, 2016. – No. 1 (23). – S. 48-53.
5. Barabanov N.P., Mikhailin V.V. Comparative analysis of certain norms of the Federal Law "On Investigative Activities" and criminal procedural legislation // Man: Crime and Punishment. – Ryazan, 2016. – No. 2 (93). – S. 11-15.
6. Artyukhov A.V., Austrianskov A.V., Gornykh S.A. Problems of interaction between employees of operational and investigative units // Society: politics, economics, law. – Volgograd, 2019. – No. 1 (66). – S. 56-61.
CRIMINAL PROCESS
SIROTININ Dmitry Alekseevich
senior lecturer of Criminalistics sub-faculty of the Rostov branch of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
SOME PROCEDURAL ASPECTS OF THE PARTICIPATION OF A FORENSIC INVESTIGATOR IN INVESTIGATIVE ACTIONS CONDUCTED USING VIDEO CONFERENCING
The article discusses the procedural aspects of the status of a forensic investigator in the context of the possibility of his investigative actions carried out using video conferencing. The relevance of the participation of forensic investigators in investigative actions is characterized by the need to use high-tech forensic tools, as well as technical and forensic means of audiovisual fixation is noted.
Keywords: video conference call, forensic investigator, remote investigative action, order to interrogate a person, interrogation by video link.
Reference bibliographic list
1. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ. [Electronic resource] // SPS "ConsultantPlus".
2. Order of the Chairman of the Investigative Committee of the Russian Federation" dated 08.08.2013 No. 53 "On the organization of the work of forensic investigators in the Investigative Committee of the Russian Federation." [Electronic resource] // SPS "ConsultantPlus".
3. Ryzhakov A.P. Permissible limits for the use of videoconferencing systems at the stage of preliminary investigation. Commentary on the Federal Law of December 30, 2021 No. 501-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation”. [Electronic resource] // SPS "ConsultantPlus".
CRIMINAL PROCESS
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Gatchina, Leningrad region
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the State Institute of Economics, Finance, Law and Technology, Gatchina, Leningrad region
THE PLACE OF THE PRE-TRIAL COOPERATION AGREEMENT IN THE SYSTEM OF FOREIGN COUNTRIES
The article discusses aspects reflecting the place of the pre-trial cooperation agreement in the system of foreign countries, its practical significance as a tool used to achieve publicly significant goals in criminal proceedings.
Keywords: preliminary investigation, pre-trial cooperation agreement, prosecutor, criminal proceedings, criminal case, investigator, person with whom a pre-trial cooperation agreement was concluded, powers.
Reference bibliographic list
1. Lodyzhenskaya I.I., Panfilov G.P. Pre-trial agreement on cooperation: problems of law enforcement and ways to overcome them // Leningrad legal journal. 2016. No. 1. P.163.
2. Valshina I.R. Some problematic aspects of the pre-trial agreement on cooperation and ways to solve them // Eurasian Advocacy. 2014. No. 5. S. 29-30.
3. Dudina N.A. The order of production at the conclusion of a pre-trial agreement on cooperation as a procedural form of active repentance. Abstract dis. … cand. legal Sciences. Krasnoyarsk. 2015. P.10.
4. Stroganova T.Yu. The concept and signs of a pre-trial agreement on cooperation // Russian judge. 2018. No. 7. P.30.
5. Sapronova K.V. Procedural features of admitting one's guilt as a condition for concluding a pre-trial agreement on cooperation // International Journal of the Humanities and Natural Sciences. 2018. No. 2. S. 206.
6. Piyuk A.V. Pre-trial agreement on cooperation: problems and ways to solve them // Bulletin of the Tomsk State University. Right. 2016. No. 4 (22). S. 73.
CRIMINAL AND EXECUTIVE LAW
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
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor of Public law sub-faculty of the Institute of Law of the Samara State University of Economics
THE WELFARE STATE AND THE PENAL SYSTEM: INTERACTION ISSUES
The article analyzes the interaction of the welfare state and the penal system. The authors note that the mechanism of the welfare state has the features of an administrative-legal (or organizational-legal) mechanism of social protection, which is caused by the increased social status of employees of the penal enforcement system, because the provision of a certain benefit to an employee of the penal enforcement system is associated not only with the legislative consolidation of this right, but also with the onset of a certain legal fact, or rather, the actual composition, namely the onset of certain vital grounds and the commission of a managerial (administrative) decision.
Keywords: penal enforcement system, social protection, state, material benefits, social policy.
Reference bibliographic list
1. Kochetkova L.N. The Theory of the Welfare State by Lorenz von Stein // Philosophy and Society. – 2008. – No. 3. – S. 69-79.
2. Vasilevich S.G. The concept and essence of the social state // Bulletin of economic security. – 2017. – No. 3. – P. 95-100.
3. Martyshin O.V. The idea of a social state and its opponents // State and Law. – 2011. – No. 12. – P. 5-15.
4. On service in the penitentiary system of the Russian Federation and on amendments to the Law of the Russian Federation “On institutions and bodies executing criminal sentences in the form of deprivation of liberty”: Federal Law No. 116-FZ, as amended and supplemented on April 30, 2021 // Official Internet portal of legal information (www.pravo.gov.ru) 06/06/2022
5. Karpunina V.V., Meshcheryakov K.A. Legal status of a penitentiary officer // Actual problems of the activities of penitentiary system units: collection of materials of the All-Russian Scientific and Practical Conference. 2019. – Voronezh, 2019. – S. 57-58.
6. Nagornykh R.V. Guarantees of social protection of law enforcement officers in the context of the modernization of legislation on public service // The Constitution of the Russian Federation and the modern legal order. Moscow legal week. Proceedings of the XV International. scientific and practical conference: in 5 hours – M., 2019. – S. 99-103.
7. Korneichuk O.O. The need to improve the legislation on social support for employees of the penal system and the classification of their social guarantees // Bulletin of the Vladimir Law Institute. – 2016. – No. 3 (40). – S. 28.
8. Bondarenko N.A., Demyanova I.O. Social protection of the population and its legal regulation in the Russian Federation // Uchenye zametki TOGU. – 2017. – No. 1. – T. 8. – P. 431.
CRIMINAL AND EXECUTIVE LAW
MINKOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Management and organization of UIS activities sub-faculty of the Academy of the FPS of Russia
DETERMINATION OF CORRUPTION-RELATED CRIMES IN THE PENAL SYSTEM
The article is dedicated to the problem of determining corruption crimes in institutions and bodies of the penitentiary system. Corruption remains one of the global problems of our time, which has not bypassed any public authority, not a single state as a whole. The phenomenon of corruption is that it arose at the dawn of civilization, as soon as the state arose, and continues to exist to this day, destroying all spheres of society. It is quite obvious that such a specific executive body as the Federal Penitentiary Service of the Russian Federation could not stand aside. All of the above confirms the need to search for modern effective mechanisms to combat this negative phenomenon.
Keywords: corruption, corruption crime in the penitentiary system, the Federal Penitentiary Service of the Russian Federation, crime determination, penitentiary system, convict, employee of the penitentiary system, correctional institution.
Reference bibliographic list
1. Biryukova E.A. Criminological characteristics and prevention of murders committed by convicts in correctional colonies: Dis. … cand. legal Sciences. – Ryazan, 2006. – 243 p.
2. Minkova E.A. The problem of staffing the penitentiary system in the determination of penitentiary crime: // Criminal Executive Law. – 2014. – No. 1 (17). – S. 62-65.
3. Mitford J. Prison business / Per. from English. Yu.A. Nepodaev; Under total ed. I.B. Mikhailovskaya. – M., 1978. – S. 345.
CRIMINAL AND EXECUTIVE LAW
SULEYMANOV Talyat Alievich
Ph.D. in Law, 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 of the Academy of the FPS of Russia
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
ZHARKO Natalya Viktorovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
THE PRACTICE OF COMPULSORY TREATMENT DURING THE PERIOD OF SERVING A SENTENCE BY A CONVICTED PERSON
Compulsory measures of a medical nature (PMMR) are a legal means of influencing persons who have committed a socially dangerous act, suffering from a mental disorder. Judicial practice in the application of compulsory medical measures shows an increase in the number of socially dangerous acts committed by persons suffering from mental disorders. The institution of the application of compulsory medical measures needs to be further improved by the legislator and scientists in the field of criminal law due to the incompleteness of the legal regulation of issues related to the use of compulsory treatment.
Keywords: compulsory measures of a medical nature, punishment, convict, institutions and bodies of the penitentiary system, compulsory treatment.
Reference bibliographic list
1. Bavsun M. V. Compulsory measures of a medical nature: topical issues of application // Bulletin of the Kuzbass Institute. – 2020. – No. 3 (44). – S. 180.
2. Stepanova E. V. Outpatient compulsory observation and treatment – a measure of a medical nature in the execution of punishments // Gazette of the penal system. – 2016. – No. 11 (174). – S. 50-52.
3. Makushkina O. A., Polubinskaya S. V. Compulsory medical measures prescribed along with punishment: legal regulation and organization of execution // Russian Psychiatric Journal. – 2013. – No. 6. – S. 19-22.
4. Makushkina O. A., Polubinskaya S. V. Organizational and legal problems of enforcement of compulsory observation and treatment by a psychiatrist on an outpatient basis // Social and Clinical Psychiatry. – 2014. – No. 24 (3). – S. 91-94.
5. Vaselovskaya A. V. Features of compulsory measures of a medical nature, connected with the execution of punishment // Bulletin of the Kuzbass Institute. – 2019. – No. 1 (38). – S. 9-15.
6. Soshina L. A. To the question of the legislative definition of the term “coercive measures of a medical nature” // Siberian Legal Bulletin. – 2010. – No. 1. – S. 45-50.
7. Khakimov M. D. Exemption from punishment in connection with a mental disorder // Problems of Economics and Legal Practice. – 2014. – No. 5. – S. 84-88.
CRIMINAL AND EXECUTIVE LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, 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
ORGANIZATIONAL ASPECTS OF SOCIAL PROTECTION OF EMPLOYEES OF THE DEPARTMENT OF PROTECTION OF THE PENAL SYSTEM
The article analyzes the issues of social protection of employees of the Department of protection of the penal enforcement system. The authors not only analyze regulatory legal acts, but also consider problematic issues in the implementation of social guarantees for employees of the security department. Indeed, at present, the most effective means of stimulating the performance of the employees has become material support in the form of compensation for the complexity, tension and special regime of service, which in essence are social guarantees. Thus, the problems of medical support and sanatorium treatment are very significant. The article also suggests measures to address the above problematic issues.
Keywords: penal enforcement system, security department, social protection, state, housing, social program.
Reference bibliographic list
1. On service in the penitentiary system of the Russian Federation and on amendments to the Law of the Russian Federation “On institutions and bodies executing criminal sentences in the form of deprivation of liberty”: Federal Law with amendments and additions dated April 30, 2021 No. 116 -FZ // Official Internet portal of legal information (www.pravo.gov.ru) 06/06/2022
2. Providing housing for employees of the Federal Penitentiary Service text as amended on April 26, 2021 [Electronic resource] // Review of the judicial practice of the Supreme Court of the Russian Federation. – 2021. – No. 1. Access mode: http://www.consultant.ru/law/podborki/obespechenie_zhilem_sotrudnikov_fsin/ (date of access: 06/06/2022).
3. Karpov E.S. On some problems of legal regulation of monetary compensation for rent (sublease) of residential premises to employees of the penitentiary system [Electronic resource] // Penitentiary system: law, economics, management. – 2021. – No. 1. – Access mode: http://www.consultant.ru/law/podborki/obespechenie_zhilemsotrudnikov_fsin (date of access: 06.06.2022).
LEGAL PROCEEDINGS
TYABINA Yuliya Alexandrovna
Ph.D. in Law, secretary of the Academic Council University of the Federal Penitentiary Service of Russia
KOCHKINA Oksana Vladimirovna
Ph.D. in Law, senior researcher Department for the study of problems of employment of prisoners and economic problems functioning of the system – executive system center for the study of management problems and organization of execution of punishments in the penal system, Research Institute of the FPS of Russia
INFORMATION TECHNOLOGIES IN CRIMINAL PROCEEDINGS
The use of digital technologies has become one of the main trends in the development of key spheres of society. This thesis is confirmed by the situation of the pandemic, which is forced to transfer to a remote format a significant part of life of both individual citizens and entire state institutions. The intensive process of digitalization could not fail to affect such an important public activity as the criminal process, because in this case, digital technology is a fairly effective means of providing access to justice. However, the issues of their use today require close attention, since the sphere of criminal procedure is one of the main areas affecting constitutional human rights, and the task of guaranteeing them with the use of information and communication means must be a priority.
Keywords: court, criminal proceedings, justice, digital technologies, access to justice, video conferencing.
Reference bibliographic list
1. GOST R 33.505-2003: Unified Russian Insurance Documentation Fund. The procedure for creating an insurance fund for documentation that is a national scientific, cultural and historical heritage
2. Zazulin A.I. Functions of Information Technologies in Criminal Procedure // Siberian Legal Review. 2020. Volume 17. No. 1. P. 75-82.
3. Review of the Supreme Court of the Russian Federation on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) on the territory of the Russian Federation No. 2 dated 04/30/2020 // ConsultantPlus SPS (accessed 30.05 .2022).
4. Rodivilina V.A. Technical means in the criminal process // Siberian criminal procedure and forensic readings. 2016. No. 2 (10). pp. 47-54.
LEGAL PROCEEDINGS
SARDAROV Jamil Rovshan Ogly
postgraduate student of Judicial power, law enforcement and human rights activity sub-faculty of the Peoples’ Friendship University of Russia
INFLUENCE OF THE PANDEMIC ON THE FORMATION OF THE DIGITAL COURT PROCEEDINGS
The paper analyzes the impact of the pandemic on the development of digital litigation in the Russian Federation. The author analyzes the Federal Law of December 30, 2021 No. 440-FZ, as well as the process of its adoption and development, as a result of which a number of large-scale amendments in the field of e-justice were introduced into the procedural legislation. In addition, the author analyzes the existing problems and shortcomings of e-justice and proposes measures to improve it.
Keywords: digital economy, information society, e-justice, information infrastructure, legal regulation.
Reference bibliographic list
1. [Conclusion of the PD of the Office of the State Duma of the Federal Assembly of the Russian Federation “On the draft federal law No. 1144921-7 “On amendments to certain legislative acts of the Russian Federation regarding the regulation of remote participation in litigation” (first reading) // ATP ConsultantPlus
2. Conclusion of the PD of the Office of the State Duma of the Federal Assembly of the Russian Federation “On the draft federal law No. 1144921-7 “On amendments to certain legislative acts of the Russian Federation” (second reading) // ATP Consultant-Plus
3. Suddep summed up the work in 2021. [Electronic resource]. – Access mode: https://pravo.ru/news/237378/ (accessed 25.04.2022)
4. Kondyurina Yu.A. Implementation of the principles of arbitration and civil procedure in simplified proceedings // Arbitration and civil process. 2017. No. 1. S. 55-59.
5. Internet in Russia in 2022: the most important figures and statistics. [Electronic resource]. Access mode: https://www.web-canape.ru/business/internet-v-rossii-v-2022-godu-samye-vazhnye-cifry-i-statistika/ (Accessed 04/25/2022)
6. Lukonina Yu.A. Proper notice in the era of digitalization of justice in civil cases // Court administrator. 2022. No. 1. S. 32-34.
7. Marchenko A.N., Sudorgina E.V. Proper notification of participants in civil proceedings: notes from lawyer practice on the problems of the procedural institute // Advocate practice. 2020. No. 1. S. 46-48.
8. Tomilov A.Yu., Danilov D.V. Legal gaps in the procedural order of notification, notice and exchange of procedural documents in civil proceedings // Journal of Russian Law. 2021. No. 9. P. 106-118.
9. Lyaskovskiy I.K. Fiction of notice in civil proceedings // Law. 2018. No. 1. S. 71-81.
10. WhatsApp, Telegram, Viber: the main differences between the "big three" messengers [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/industry/6156fef89a7947827bf5a9b7 (accessed 04/28/2022)
11. Lukonina Yu.A. Proper notice in the era of digitalization of justice in civil cases // Court administrator. 2022. No. 1. S. 32-34.
CRIMINALISTICS
OSIPOV Danila Denisovich
lecturer of the Samara State University of Economics
FEATURES OF LEGAL REGULATION OF PRIVATE DETECTIVE ACTIVITY IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE
The article examines some of the features of private detective and security activities, analyzes the opinions of domestic researchers in the field of legal sciences and law on this issue. The article examines the provisions of the domestic regulatory framework in the field of legal regulation of private detective and security activities. The author analyzes the signs by which the above-mentioned activity should be distinguished from other types of activity.
Keywords: private detective activity, private security activity, law enforcement activity, private detective, private security guard, private detective activity, business activity.
Reference bibliographic list
1. Law of the Russian Federation of March 11, 1992 No. 2487-1 (as amended on December 27, 2019) “On private detective and security activities in the Russian Federation” // ATP K + (date of access 09/05/2021).
2. Sharonov S.A. Problems of legal regulation of security activities in the context of improving civil legislation // State and Law. 2016. No. 6. S. 37-40.
3. Demina M.F. Administrative and legal regulation of private detective and security activities and the licensing system // Information and analytical portal "Entrepreneurship and Law". [Electronic resource]. – Access mode: http://www.lexandbusiness.ru/yiew-article.php?id=2691 (date of access: 09/05/2021).
4. "Criminal Code of the Russian Federation" dated June 13, 1996 No. 63-FZ // ATP K + (accessed 09/05/2021). 5. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on February 24, 2021) // ATP K + (accessed on September 5, 2021).
CRIMINALISTICS
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF CRIMINALISTIC CHARACTERISTICS OF VANDALISM
The article deals with the elements of the criminalistic characterization of vandalism as a crime aimed at the destruction of public values and moral principles. The conducted research shows that when investigating vandalism, special attention should be paid to the identity of the offender, the methods and circumstances of the commission of criminal acts, as well as the trace picon of the commission of vandalism. Statistical data are given on committed cases of vandalism, on the damage caused by them.
Keywords: vandalism, public order, criminalistic characteristics, trace picture, method of committing vandalism.
Reference bibliographic list
1. Damage from vandalism in suburban trains since the beginning of the year amounted to more than 52 million rubles // Website of Russian Railways OJSC. [Electronic resource]. – Access mode: https://company.rzd.ru/ru/9397/page/104069?id=246823 (date of access: 05/12/2022).
2. Simferopol police officers detained four graffiti artists in a week // Website of the Ministry of Internal Affairs of the Republic of Crimea. [Electronic resource]. – Access mode: https://82.xn--b1aew.xn--p1ai/news/rubric/1268/ (date of access: 05/12/2022).
3. Rudenkin D.V., Vorobieva I.V., Kruzhkova O.V., Krivoshchekova M.S. Youth vandalism in the environment of the metropolis: the boundaries of the norm and deviation // Education and science. – 2018. – T. 20. – No. 2. – S. 125-146.
4. Bokhan A.P. Criminal-legal characteristics of vandalism and its delimitation from related elements of crimes and administrative offenses // Theory and practice of social development. – 2018. – No. 9. – S. 117-120.
5. Kupriyanova D.A., Makhova I.V. Forensic characteristics of vandalism // Law and Order in Russia: Problems of Improvement: Sat. scientific articles Vseros. conf. – M., 2017. – S. 239-244.
CRIMINALISTICS
KHANOVA Alina Albertovna
postgraduate student of the 3rd year full-time education of Criminalistics sub-faculty of the Institute of Law of the Bashkir State University
PARTICIPATION OF A SPECIALIST IN THE INVESTIGATION OF CRIMINAL CASES OF SEXUAL PROCEDURES AGAINST MINORS AND MINORS
Currently, the problem of sexual abuse of children has become more urgent due to the relatively high frequency of relevant offenses and extremely unfavorable medical and social consequences for the health of the victim. Numerous studies show that sexual assaults, having a negative impact on the entire sphere of a child’s mental activity, remain in memory for a long time, affect his self-esteem, as well as the further development and nature of future relationships with others.
Keywords: specialist; teacher; psychologist; minor; sexual crimes.
Reference bibliographic list
1. Khaliullina A.F. Features of the investigation into violent acts of a sexual nature committed against minors: diss. … cand. legal Sciences. – Ufa, 2018. – S. 40-41.
2. Telegina T.D. The use of special knowledge in the modern practice of investigating crimes: diss. … cand. legal Sciences. – M., 2008. – S. 90-91.
3. Melnikova E.B. Participation of specialists in investigative actions. – M., 1964. – S. 9.
4. Elagina E.V., Grigoryan G.S. Forensic and procedural aspects of involving a teacher and a psychologist in the production of investigative actions involving minors // Criminalist. – 2010. – No. 2 (7). – S. 69.
5. Enikeev M.I. Legal psychology. – M.: Norma, 2005. – S. 139.
6. Surmeneva S.V. Forms of the use of special psychological knowledge in the criminal process of Russia // Bulletin of the South Ural State University. – 2014. – Issue. 17. – S. 38.
7. Mikhailova Yu.A. Psychological support for the investigation of crimes involving minors in the Investigative Committee of the Russian Federation // Psychology and Law. – 2016. – No. 4. – S. 95-104.
8. Kurmaeva N.A. Problems of participation of a specialist psychologist in the interrogation of juvenile suspects and accused // Gaps in Russian legislation. – 2009. – No. 1. – S. 146.
CRIMINOLOGY
ALIMPIEV Sergey Aleksandrovich
Ph.D. in Law, associate professor of the Ural State University of Economics
FALKINA Tatyana Yurjevna
Ph.D. in Law, associate professor of the Ural State University of Economics
GENERAL SOCIAL PREVENTION OF INVOLVEMENT OF MINORS IN THE COMMISSION OF ANTISOCIAL ACTIONS: CURRENT STATE AND PROBLEMS
The article examines the modern basic legal mechanisms that can have a preventive effect on children who are prone to committing crimes, offenses and other socially dangerous actions, analyzes the main activities of some subjects of prevention to prevent the involvement of minors in the commission of illegal acts. The publication analyzes the
preventive measures that can be applied to minors to prevent their involvement in the commission of antisocial actions. The involvement of minors in the commission of antisocial actions certainly generates the elimination of positive values and criminalization in their future. Preventive measures are designed to help eliminate the causes and conditions associated with the commission of offenses and crimes.
Keywords: prevention, offense, work, family, upbringing, education, safety, culture, leisure, involvement, minor, unemployment, victimization, behavior, child, money, housing, life, measures, prevention.
Reference bibliographic list
1. Dashkov G.V., Koroleva M.V., Matskevich I.M. and etc.; resp. ed. V.E. Eminov Criminology: textbook. – Moscow: Prospect, 2019. – 368 p. – [Electronic resource]. – Access mode: http://ebs.prospekt.org/book/27620 (date of access: 05/21/2022).
2. Criminology: textbook / Ed. V.N. Kudryavtseva, V.E. Eminova. – 5th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 800 p. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1052213 (date of access: 05/01/2022).
3. Criminology: textbook / Ed. ed. A.I. Debt. – 4th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 1008 p. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1710063 (date of access: 05/11/2022).
4. Lelekov V.A., Kosheleva E.V. Juvenile criminology: a textbook for university students studying in the direction of training "Jurisprudence". – 3rd ed., revised. and additional – M.: UNITY-DANA: Law and Law, 2017. – 343 p. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1028472 (date of access: 05/21/2022).
5. Lyashok V.Yu. Youth unemployment in Russia: the scale of the problem // Economic development of Russia. – 2021. – No. 4. – Volume 28. – P. 77-80.
6. Rasulova Z.O. Actual problems of preventing the involvement of minors in committing antisocial actions // Society: politics, economics, law. – 2019. – No. 3 (68). – S. 32-35.
7. Polshkov A.V., Budanova E.A. Problems of prevention of crimes related to the involvement of non-nativespershennoletnye in committing antisocial actions // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2018. – No. 2. – P. 202-209.
8. Rogova E.V. Criminal law and criminal procedure measures applied to juvenile delinquents: a study guide. – Irkutsk: East Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2017. – P. 25.
9. Polikashina O.V. Investigation of the involvement of minors in the commission of crimes and antisocial actions: dis. … cand. legal Sciences. – M., 2004.
CRIMINOLOGY
MURSALIMOV Ainur Tagirovich
lecturer of Constitutional law sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINOLOGICAL ANALYSIS OF CRIME IN THE SPHERE OF CREDITING
This article examines the relevance of the existence of a special legal norm – fraud in the field of lending by analyzing statistical data on the state of crime and the number of convicts for 2021. The calculation of the crime rate and the convict rate for 2021 for crimes in the field of fraud (articles 159, 159.1, 159.2, 159.3, 159.5, 159.6 Criminal Code of the Russian Federation). The expediency of using special legal norms was assessed and the author’s vision of the application of criminal legislation in relation to fraudulent actions was reflected.
Keywords prevention: crime, fraud in the field of lending, criminal law, special compositions.
Reference bibliographic list
1. Zoidov K.Kh., Rakhmatova Z.I., Zoidov Z.K. Improving the mechanism of state regulation of the banking system to ensure the economic security of the national economy: // Regional problems of transformation of the economy. – 2017. – No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru (date of access: 05/06/2022).
2. Akhiyarov R.A. Controversial issues of qualifying fraud in the field of lending (Article 159.1 of the Criminal Code of the Russian Federation) // Eurasian Advocacy. – 2016. – No. 3 (22). – S. 37-40.
CRIMINOLOGY
CHERNYSHOV Viktor Valentinovich
Ph.D. in Law, associate professor, associate professor of Management and organization of the UIS sub- faculty of the Academy of the FPS of Russia
CRIME FORECASTING: GOALS, STATE AND PROBLEMS OF DEVELOPMENT
The issues of methods and models of crime forecasting are investigated. Forecasting and forecasts are the initial element of regulatory support for the development strategy of all socio-economic systems, including legislation and law enforcement practice. The paper expands the understanding of crime as one of the determining factors of the quality of life of the population. The use of forecasts in the development of management decisions for short-, medium- and long-term periods is proposed.
Keywords: forecasting, criminological prognosis, factor analysis, models, additional quantitative and qualitative factors.
Reference bibliographic list
1. Antonyan Yu.M. Comprehensive analysis of the state of crime in the Russian Federation and settlement options for its development. VBKU "All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation". – M., 2018.
2. Kudryavtsev V.N., Eminov V.V. Criminology. – Moscow, 2009.
3. Terekhin V.I., Chernyshov V.V. Modeling of regional economic crime // Finansovaya ekonomika. – 2019. – No. 4.
4. The concept of the development of the penal system until 2030.
5. Terekhin V.I., Chernyshov V.V. Efficiency and effectiveness of the penitentiary system in Russia: evaluation and planning. Academy of the Federal Penitentiary Service of Russia. – Ryazan, 2019. – 211 p.
6. Terekhin V.I., Chernyshov V.V. Modeling of regional economic crime. // Financial economy. – 2019. – No. 4.
LAW ENFORCEMENT AUTHORITIES
ALIEV Shapi Izievich
Ph.D. in Law, Ph.D. in sociological sciences, associate professor, Director of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, associate professor of Economics and the legal and educational disciplines sub-faculty of the Dagestan State University, branch in the city Izberbash
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Economics and the legal and educational disciplines sub-faculty of the Dagestan State University, branch in the city Izberbash
IDRISOVA Aida Jupalaevna
Ph.D. in historical sciences, senior lecturer of Economics and the legal and educational disciplines sub-faculty of the Dagestan State University, branch in the city Izberbash
THE MAIN DIRECTIONS OF PROSECUTORIAL AND JUDICIAL COOPERATION IN THE FIGHT AGAINST ORGANIZED CRIME (THE EXPERIENCE OF THE EUROPEAN UNION)
The European Union has decided on standards of good practice in the field of mutual legal assistance and regularly checks compliance with these standards. Currently, the European Union is moving to a system of mutual recognition of decisions and sentences in criminal cases. When this system is put into effect, cooperation will be significantly accelerated: a decision or sentence passed in any Member State can be carried out as such in any other Member State. In the field of prevention and combating organized crime, the experience of the European Union can help in identifying opportunities and prospects for countering cross-border organized crime.
Keywords: Experience, European Union, organized crime, counteraction.
Reference bibliographic list
1. Joint Action of 22 April 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union (96 /277/JHA) // Official Journal of the European Communities. 1996 Vol. 39, L 105. P. 1-2.
2. Liaison officers: the main participants in transnational policing / Under. ed. Ludo Blok, Monica den Boer. The Hague, 2013.
3. Kislukhin V.A. Police of the Benelux countries: positive experience needs to be studied // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2012. No. 18. P. 78.
4. Cornellis L. On the way to the national police. Ker-kebosh. Zeist, 2013, p. 44
5. Issues of legal assistance and cooperation of the Member States in the investigation of criminal and other offenses in the customs area have become the subject of separate EU conventions. The last one is the 1997 Convention on Mutual Assistance and Cooperation between Customs Administrations // JO. 1998. S. 24.
6. European Convention on Mutual Legal Assistance in Criminal Matters. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1902175.
LAW ENFORCEMENT AUTHORITIES
KIM Vadim Olegovich
Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
IVASHCHENKO Yuriy Vladimirovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
ACTUAL PROBLEMS OF PHYSICAL TRAINING OF EMPLOYEES OF INTERNAL AFFAIRS BODIES AND WAYS TO SOLVE THEM
According to the results of 2021, the number of convicts under Article 318 of the Criminal Code of the Russian Federation (Use of violence against a representative of the authorities) set a five-year record, increasing by 16.4 % compared to 2020. The number of convicts under this article showed an increase for the first time since 2017 — before that, according to the statistics of the judicial Department, their number decreased annually.
The system of professional training requires timely development in order to ensure State and public security. This direction is considered a priority, since the level of professional readiness of the personnel of the Department of Internal Affairs also depends on the personal safety of each employee of the Department of Internal Affairs when performing operational and official tasks. Taking into account the analysis of statistical indicators, the survey of current employees, the article examines the negative factors affecting the imperfection of physical fitness of employees of internal affairs bodies. The optimal ways to eliminate these obstacles are indicated.
Keywords: physical training, professional training, police officers, internal affairs bodies.
Reference bibliographic list
1. Network publication RBC News. [Electronic resource]. – Access mode: https://www.rbc.ru/newspaper/2022/04/22/62614a2f9a79479125d98653 (date of access: 03/05/2022).
2. Meshev I.Kh. Actual problems of physical training of employees of internal affairs bodies and ways to solve them. Obrazovanie. The science. Scientific personnel. – 2020. – No. 2. [Electronic resource]. – Access mode: https://clck.ru/iFWzc (date of access: 05/24/2022).
LAW ENFORCEMENT AUTHORITIES
MANUKYAN Aline Romanovna
Ph.D. in pedagogical sciences, associate professor of State and civil law disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
SOME ASPECTS OF TRANSPORTATION AND ACCOMPANYING A PROTECTED PERSON WITHIN THE FRAMEWORK OF STATE PROTECTION
The current Russian legislation provides for the institution of state protection for certain categories of persons, which is implemented in connection with their implementation of certain duties in the framework of criminal proceedings or other professional activities and subject to a real threat to their life, health and property. It is important to note that this institution is complex and, in addition to security measures, it provides for the use of instruments of social and legal support for protected persons. However, within the framework of this scientific article, it seems necessary to focus on the features, special theoretical knowledge, practical skills and certain aspects of ensuring security measures in relation to these persons.
Keywords: police officers, protection, security, transportation, escort, special training.
Reference bibliographic list
1. Decree of the Government of the Russian Federation of December 31, 2004 No. 900 “On approval of the list of categories of state and municipal employees subject to state protection” // Collected Legislation of the Russian Federation. – 2005. – No. 2. – Art. 158.
2. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on April 30, 2021, as amended on May 13, 2021) // Collected Legislation of the Russian Federation. – 2001. – No. 52 (part I). – Art. 4921; 2021. – No. 18. – Art. 3055.
3. Federal Law No. 45-FZ of April 20, 1995 “On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies” (as amended on April 5, 2021) // Collected Legislation of the Russian Federation. – 1995. – No. 17. – Art. 1455; 2021. – No. 15 (Part I). – Art. 2439.
4. Federal Law of August 20, 2004 No. 119-FZ “On State Protection of Victims, Witnesses and Other Participants in Criminal Proceedings” (as amended on February 7, 2017) // Collection of Legislation of the Russian Federation. – 2004. – No. 34. – Art. 3534; 2017. – No. 7. – Art. 1026.
5. Gutieva I. G. Problems of state protection of officials and participants in criminal proceedings // Eurasian legal journal. – 2021. – No. 8 (159). – S. 316.
6. Lukinskiy A. V. Institute of State Protection: Conceptual Apparatus // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 11. – S. 67.
LAW ENFORCEMENT AUTHORITIES
REDKINA Elena Nikolaevna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice
NEMTSUROVA Eliza Magometovna
magister student of the 1st course of the Crimean branch of the Russian State University of Justice
ELECTRONIC JUSTICE: CONCEPT, IDEAS AND ITS ORIGIN IN THE RUSSIAN FEDERATION
This article raises the question of the significant impact of the processes of globalization and informatization on various spheres of society both in the world and in the Russian Federation. A particularly important role was played by the introduction of innovative technologies into law, where they provide high-quality and open legal proceedings, through the creation of “electronic justice”. The main advantages of such justice are openness and accessibility of information about the activities of the courts, saving time and costs for all participants in the proceedings, improving the quality of execution of judicial acts and conducted forensic examinations, and others.
Keywords: electronic justice, information technologies, videoconferencing, audio recording, innovation process, judicial proceedings, administration of justice, electronic filing of documents, remote technologies, technical progress.
Reference bibliographic list
1. Lovtsov D.A., Niesov V.A. Actual problems of creation and development of a single information space of the judicial system of Russia // Information law. – 2013. – No. 5. – S. 13-18.
2. Toropov A.V. Application of information and communication technologies in judicial activity. – Text: direct // Young scientist. – 2020. – No. 3 (293). – S. 233-234.
3. Frolov A.O., Frolova S.V. Implementation of information technologies in the activity of courts // New legal bulletin. – 2018. – No. 3 (5). – S. 7-10.
4. Chvirov V.V., Chizhov M.V. Prospects for the introduction of information and communication technologies into judicial activity // Russian Justice. – 2015. – No. 7. – S. 32-40.
5. Chizhov M.V. Organizational prerequisites for the use of video conferencing in the judicial activities of arbitration courts and courts of general jurisdiction // Civil and arbitration process. – 2013. – No. 6. – S. 17-22.
LAW ENFORCEMENT AUTHORITIES
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
CURRENT ISSUES OF IMPROVING TRAINING OF EMPLOYEES FOR PRELIMINARY INVESTIGATION BODIES
The article considers topical issues of training employees to work in the preliminary investigation bodies, improving the effectiveness of investigators, investigators in the investigation of criminal cases, with a minimum of time spent. The issues of improving the professional skills and skills of employees, as well as the problems of improving and training personnel in order to successfully investigate crimes, are addressed.
Keywords: improvement, effective activity, professional skills, professional skill, optimization, practical knowledge, daily activities.
Reference bibliographic list
1. Dictionary of synonyms of the Russian language. Practical guide. – M.: Russian language. Z. E. Aleksandrova, 2011.
2. Baydaev M. M. Intensification of training of employees of the territorial bodies of internal affairs of the Russian Federation // World of education – education in the world. – 2014. – No. 3 (55).
3. Kikot, V. Ya. doc. legal Sciences: 12.00.14. – M., 2002.
LAW ENFORCEMENT AUTHORITIES
SHIRSHOV Boris Vitaljevich
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
ACTUAL PROBLEMS OF THE LEGAL FOUNDATIONS OF POLICE ACTIVITY AT THE PRESENT STAGE
The article deals with the topical issue of the legal foundations of the organization of the Russian police. An important issue was raised by the reform of the Ministry of Internal Affairs in 2011, which replaced earlier federal laws with a new, favorable police database, previously adopted by the Law on the Police, which outlines the main areas of police activity. Therefore, they play a special role in solving many problems related to innovation. Organizations and tactics that protect public order are interrelated and interchangeable elements of a single process that protects public order and morality. They complement each other and contribute to the most effective implementation of the tasks of law enforcement agencies in this area. Tactical success in the immediate protection of order, the specific consequences of crime prevention, control and disclosure of information determine the effectiveness of the organization. With the development of public order and morality protection systems, the improvement of the structure and management of internal institutions, the introduction of best practices in the field of order and security, as well as the relationship between science and technology, organizations and tactics influenced by the use of the latest achievements.
Keywords: police, rights, duties, status, law, law and order.
Reference bibliographic list
1. Administrative law and process: Full course – Tikhomirov Yu.A. – Moscow, 2016.
2. Police // Legal Encyclopedia.
3. Sokolov A.Yu., Anikin S.B., Ilgova E.V. Administrative law of the Russian Federation. Textbook for bachelors. – M.: NORMA, 2017.
4. Nozdrachev A.F. Civil Service: A Textbook for the Training of Civil Servants. – M.: Statute, 2014. – 592 p.
5. Batalina V.V. History of the state and law of Russia: a textbook. – M., 2011.
6. Rossinsky B.A. Administrative law and administrative responsibility. Tutorial for CON. – M.: NORMA, 2018.
7. Chashin A.V. Human rights activities. Analysis of criminal, civil and administrative cases // Business and service. – 2018.
8. Kozbanenko V.A. Legal support of the status of state civil servants: Theoretical and administrative aspects. – Moscow, 2003.
9. Gerasimenko A.N. Information support for the interaction of the Department of Internal Affairs with public associations for the protection of law and order (organizational and legal issues): author. diss. … cand. legal Sciences. – Moscow, 2008. – 236 p.
10. Demidov Yu.N. Textbook for university students. Administrative activities of the police. – M.: GRIF, 2014.
LAW ENFORCEMENT AUTHORITIES
MANUKYAN Aline Romanovna
Ph.D. in pedagogical sciences, associate professor of State and civil law disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
THE CONCEPT, TASKS AND FUNCTIONS OF THE INTERNAL AFFAIRS BODIES AS AN EXECUTIVE AUTHORITY
The internal affairs bodies occupy one of the most significant places in the life of society and the state, and also affect almost all spheres of public life in the process of implementing their tasks and functions. Despite the absence of a clearly defined legal definition of internal affairs bodies, their role is quite large, and their powers are very extensive. The structure of the internal affairs bodies is presented to us in two versions, when the internal affairs bodies act as part of the Ministry of Internal Affairs, in which case they take the place of its divisions at different levels. And the second option is when the Ministry of Internal Affairs can be considered as an internal affairs body, which is part of the structure of the Department of Internal Affairs. The article discusses the concepts, essence, powers, structure, legal status of the Department of Internal Affairs.
Keywords: internal affairs bodies, concept, tasks, powers, functions, structure, police.
Reference bibliographic list
1. Decree of the President of the Russian Federation of December 21, 2016 No. 699 (as amended on February 19, 2021) “On approval of the Regulations on the Ministry of Internal Affairs of the Russian Federation and the Model Regulations on the territorial body of the Ministry of Internal Affairs of the Russian Federation for the constituent entity of the Russian Federation”.
2. Kodzokova L.A., Kumysheva M.K. The place of internal affairs bodies in the system of executive authorities and their interaction with other bodies // Eurasian legal journal. – 2022. – No. 4 (167). – S. 314.
3. Cherkisenko S.V. Goals, tasks and functions of the internal affairs bodies of the Russian Federation: legal consolidation // Bulletin of the National Institute of Business. – 2018. – No. 31. – S. 167-170.
SAFETY AND LAW
BONDAR Anton Gennadjevich
senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, captain of police
KUMYSHEVA Marina Kadirovna
Ph.D. in Law, senior lecturer of Law enforcement sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
HISTORICAL RETROSPECTIVE AND ANALYSIS OF INTERNATIONAL PRACTICE IN COMBATING ECONOMIC AND CORRUPTION CRIMES
This article discusses a retrospective of the international practice of countering corruption and economic torts, which may determine the importance of countering these acts both several thousand years ago and at the present time.
Special mention was made of the application of law enforcement practice in the fight against economic and corruption crime, as well as general and special warning measures in a number of foreign countries.
The study made it possible to draw conclusions not only about the current state of the crime in question, but also to turn to foreign experience in this direction, which made it possible to form separate conclusions and recommendations that can be directed in order to decriminalize various areas of public relations from unlawful encroachments by corruption and economic crime.
Keywords: corruption, economic crime, foreign experience, history of corruption.
Reference bibliographic list
1. Criminal Code of the Republic of Tajikistan dated May 21, 1998 No. 574. [Electronic resource]. – Access mode: http://continent-online.com/Document/?doc_id=30397325&doc_id2=30397325#pos=8;-145&pos2=2491;-99
2. Akimova N.V. The origins of corruption and the features of the fight against it in Russia in the XIV-XVII centuries // History of State and Law. – 2008. – No. 8.
3. Karepova S.G., Sorokin O.V. Development of recommendations for combating corruption: international experience // Social and humanitarian knowledge. – 2016. – No. 6.
4. Moiseev V.V. International experience of combating corruption // Central Russian Bulletin of Social Sciences. – 2013. – No. 3.
5. Kharicheva M.S. International experience in the fight against corruption: Singapore // Bulletin of the Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia. – 2011. – No. 3 (25). – S. 121-125.
6. Turaev B.A. History of the Ancient East / Ed. V.V. Struve and I.L. Snegirev. – 3rd ed. – L .: Sotsekgiz, 1936. – T. I. – 359 p.
7. Aristotle. Politics // Works: In 4 T. T. 4. – M .: Thought, 1984. – S. 375-644.
8. Zakhvataev V. N. Code of Napoleon. – M., 2012.
9. Consolidated report on Russia on the results of work to protect federal budget funds aimed at the implementation of priority national projects for 2021: a collection of statistical information. FKU "GIAC of the Ministry of Internal Affairs of Russia". – M., 2022. – 89 p.
10. US Code. Title 18. Art. 1001 // United States of America. Constitution and legislative acts / Ed. O.A. Zhidkov; comp. IN AND. Lafitsky. – M.: Progress, Univers, 1993. – S. 156-184.
SAFETY AND LAW
KOVALENKO Eduard Vitaljevich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
KODZOV Anzor Borisovich
PhD in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
PREVENTIVE MEASURES TO COUNTER RADICALISM AND EXTREMISM IN THE YOUTH ENVIRONMENT
The article analyzes the determinants of youth radicalism and extremism. It is noted that the main determinant is globalization, and the most vulnerable social group before the ideology of extremism was the youth. The socio-psychological factors of youth extremism are singled out. It is indicated that the opposition of young people to the existing way of life creates the prerequisites for the formation of a threat to the security of society and the state. Emphasis is placed on the need for government agencies to implement preventive measures and counteract youth radicalism and extremism.
Keywords: extremism; threat; security; prevention; opposition; the youth.
Reference bibliographic list
1. Abazov A.B. Tasks of law enforcement agencies to prevent interethnic and interreligious conflicts // Law and Law. – 2018. – No. 2. – S. 49-51.
2. Abazov A.B. Radicalization of youth: on the role of local governments in organizing countermeasures // Gaps in Russian legislation. – 2021. – T. 14. – No. 2. – S. 48-51.
3. Gedugoshev R.R. Conceptual foundations that determine the extremist environment and terrorism in the context of globalization // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 104-107.
4. Zhurtov A.B., Ordokov M.Kh. Extremism: concept, socio-economic, political and historical causes of the phenomenon, trends in its development // Eurasian legal journal. – 2020. – No. 4 (143). – S. 398-399.
5. Kardanov A.R. Motivational Factors of Spreadideology of terrorism and extremism in the global media space // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 59-62.
SAFETY AND LAW
HIDIRZODA Mahfirat Umar
Ph.D. in science philosophicals, professor, Member of the Central Commission for Elections and Referendum of the Republic of Tajikistan
IDEOLOGICAL SECURITY IN THE GENERAL SYSTEM OF NATIONAL SECURITY
The article is devoted to the study of the problems of ideological security in the face of increased threats of a hybrid nature. Ideological security is assessed as an integral part of national security in modern society. Based on this, it is necessary to take comprehensive measures aimed at protecting the country’s ideological space. Strengthening the regulatory framework is one of them. At the same time, it is important to improve measures of an informational and cultural nature, since information and culture also act as means of carrying out ideological attacks.
Keywords: ideology, ideological security, ideological threat, ideological space, ideological confrontation, ideological means, extremism, terrorism.
Reference bibliographic list
1. Law of the Republic of Tajikistan “On Security” // Law of the Republic of Tajikistan dated November 27, 2014, No. 1137, dated March 15, 2016, No. 1283 dated August 03, 2018, No. 1540).
2. Ideology and security of the state. [Electronic resource]. Access mode: http://lawinrussia.ru/content/ideologiya-i-bezopasnost-gosudarstva (date of access: 03/14/22).
3. Constitution of the Republic of Tajikistan. [Text]. Dushanbe, 2016. 135 p.
4. The concept of information security of the Republic of Tajikistan // Decree of the President of the Republic of Tajikistan of November 7, 2003. No. 1175.
5. Marshak S.A. Ideological security of the nation: on the issue of the formation of a new ideology of Russian society [Text] / Society and Law. 2004. No. 4 (6). pp. 142-144.
6. Radikov A., Leksyutina Y. “Soft power” as a modern attribute of a great power [Text] // Mirovaya ekonomika i mezhdunarodnye otnosheniya. 2012. No. 2. – S. 19-26.
7. Sirota N.M. Politics and ideology [Text]. M., 2015. 216 p. 8. Strategy for countering extremism and terrorism in the Republic of Tajikistan for 2021-2025 Dushanbe, 2021. 122 p.
9. Terrorist ideology: essence and problems of counteraction. [Electronic resource]. Access mode: https://tksu.ru/about_the_university/ (date of access: 16.02.22)
10. Khidirzoda M.U. Istiliyat va strategy and muwaffa [Text]. Dushanbe, 2016. 253 p.
11. Emomaly Ramon. Ufuњoi istiќlol. Dushanbe, 2018. 400 p.
12. Yatimov S.S. Ideology va manfiats and milli [Matn]. Dushanbe, 2015. 192 p.
PEDAGOGY AND LAW
ANDREEVA Lyudmila Mikhaylovna
Ph.D. in historical sciences, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
ZINNATULLIN Vyacheslav Valerjevich
magister student, direction of training MPG07 Construction (in the field of education and science), Ufa State Petroleum Technical University
FORMATION OF STUDENTS’ COMMUNICATIVE COMPETENCE IN THE APPLICATION OF THE PROJECT METHOD OF TEACHING AT THE UNIVERSITY
The article discusses the issues of formation of communicative competence of university students when using a project approach in teaching. The data on the indicators of the formation of students’ communicative competence are given. The requirements for the application of the project method in the educational process are described.
Keywords: project-based learning method, communicative competence, teamwork.
Reference bibliographic list
1. Federal Law "On Education in the Russian Federation" [Text]. – M.: Prospekt, 2017. – 160 p.
2. Bogdanova A.V., Yarygin A.N. The structure of information and communication competence as a reflection of its activity nature and social influence // Vector of Science of Togliatti State University. Series: Pedagogy, psychology. – 2013. – No. 1 (12). – S. 300-303.
PEDAGOGY AND LAW
GROGULENKO Nadezhda Vladimirovna
associate professor of Social and political communication sub-faculty of the Ufa State Petroleum Technical 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
THE SIGNIFICANCE OF “DIGITAL COMPETENCES” OF SPECIALISTS FOR THE DEVELOPMENT OF INFORMATION TECHNOLOGIES AT OIL AND GAS ENTERPRISES
In the article, the authors focus on the need for continuous development of digital competencies of oil and gas specialists in order to increase the economic efficiency of enterprises. Researchers prove the demand for human capital in high-tech enterprises. In the coming decades, the development of information technologies will determine the need of society for continuous updating and obtaining new digital competencies of specialists. Achieving the development of end-to-end digital competencies is possible only if the system of continuous education is transformed and the intellectual capital of society is developed.
Keywords: information technologies of specialists of oil and gas enterprises, digital competencies, education system of the digital economy.
Reference bibliographic list
1. Gerasimova E.V., Kostyleva E.G. Improving career guidance at the university on the example of the Ufa State Oil Technical University // Oil and Gas Business. – 2013. – No. 11-1. – S. 29-33.
2. Kostyleva E.G., Sidorin N.O., Sletov P.A. Information and energy security as an important component of national security // Eurasian legal journal. – 2020. – No. 7 (146). – S. 425-426.
3. Sultangareev M.R., Kostyleva E.G. Evaluation of the economic efficiency of the use of digital technologies in the oil and gas industry // Actual issues of economics and management in the oil and gas business. Collection of scientific papers of the IV All-Russian Scientific and Practical Conference. – 2020. – S. 97-99.
4. Kostyleva E.G., Zaripova D.R. Conditions for the formation of a model of innovative development of the oil and gas industry in Russia on the example of the enterprise "Rosneft" // Eurasian legal journal. – 2021. – No. 4 (155). – S. 450-451.
5. Kostyleva E.G., Valeev M.R. Influence of globalization on the development of the fuel and energy complex // Eurasian legal journal. – 2021. – No. 5 (156). – S. 451-452.
6. Kostyleva E.G., Fryazinov N.Yu. Influence of economic globalization on the development of the competitiveness of petrochemical enterprises // Eurasian legal journal. – 2021. – No. 5 (156). – S. 474-475.
7. Gaisina L.M., Belonozhko M.L, Tkacheva N.A., Abdrakhmanov N.Kh, Grogulenko N.V. Principles and methods of synergy modeling of management system at oil and gas sector’s enterprises // Espacios. – 2017. – Vol. 38. – No. 33.
8. Kostyleva E.G., Safin T.I., Galin I.N. Influence of digitalization of economy on social responsibility of engineering workers of fuel and energy complex // Eurasian Law Journal. – 2020. – No. 7 (146). – S. 446-447.
9. Ustinova O.V., Rudov S.V., Kostyleva E.G., Grogulenko N.V., Kulishova N.D. The processes of globalization in the Russians’ views // Man in India. – 2016. – Vol. 96. – No. 7. – R. 2165-2177.
PEDAGOGY AND LAW
KRACHINSKAYA Olga Vladislavovna
Ph.D. in philosophical sciences, Head of Foreign languages sub-faculty of the Volgograd Academy of the MIA of Russia
DIDACTICS AS A SCIENCE: FORMATION AND DEVELOPMENT
At present, in the modern conditions of professional education, focused on Russia’s entry into the global general cultural space, the problem of finding answers to key questions of didactics is becoming more and more urgent: the goals and values of education; methods, technologies, pedagogical techniques; the content of education. In modern science, the theory of learning (didactics) is understood as a scientific discipline in which the learning process is an object that includes organically interrelated learning. Since the appearance of man, there has also been training in all its varieties. The need to pass on the accumulated knowledge and achievements to descendants gave rise to the formation of the theory of learning. The article deals with the question of didactics as a science, the question of its formation and development.
Keywords: didactics, theory of education, teaching, science, subject and object of learning.
Reference bibliographic list
1. Choshanov M.A. Didactic Engineering, or How to Teach in the Digital Age // National Education. – 2016. – No. 4/5. – S. 113-132.
2. Arkhangelsky S.I. Some problems of the theory of teaching in higher education. – M.: Knowledge, 1973. – S. 62.
3. Stepin V.S. theoretical knowledge. – M.: Progress-Tradition, 2003. – S. 162.
4. Makarenko A.S. Works: In 7 volumes – T. V. General questions of the theory of pedagogy. Education in the Soviet school. – M.: Publishing House of Acad. ped. Sciences of the RSFSR, 1958. – 558 p.
5. Zagvyazinsky V.I. Didactics of higher education: text of lectures / State. USSR committee on public education. – Chelyabinsk: ChPI, 1990. – S. 89 p.
PEDAGOGY AND LAW
HISAMUTDINOV Irek Rishatovich
magister student of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University” (branch in Sterlitamak)
HISAMUTDINOVA Yuliya Vladislavovna
magister student of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University” (branch in Sterlitamak)
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University” (branch in Sterlitamak)
COMMUNICATIVE TECHNIQUES FOR IMPLEMENTING A STRATEGY OF EVASION IN DIPLOMATIC COMMUNICATION
This article views the principles and strategies of the discourse of business communication between interlocutors interested in interacting with each other, and also evasion strategies and communicative ways to implement them. In the course of the analysis, the goals of the study, aimed at considering the principles of institutional discourse and confirming the effectiveness of the evasion strategy in the process of business negotiations, were achieved. The scientific and practical significance of the study lies in the need for the conventionalization and standardization of speech means used in the process of business contacts to achieve the goals. Materials of various researchers, scientists and public persons were used as the material for the study of the strategy of diplomatic communication. In turn, the principles, forms and methods of rational organization of institutional discourse were revealed. The strategy of the discourse of business communication is implemented in communicative tactics, which means speech techniques for a chieving the objectives in specific situations. However, in the process of business communication, there are questions, the answer to which can lead to a negative development of negotiations. To get out of the predicament, the article provides speech fragments, representing evasion techniques in the process of international diplomatic communication. For a detailed study of the evasion technique, this article provides speech fragments from interviews, press conferences, meetings and other types of public business negotiations of public persons and politicians. This analysis of evasion tactics in the process of diplomatic negotiations has proven its effectiveness and allows to have a significant effect on the course of the narrative line and adjust its development.
Keywords: diplomatic communication, communication strategy, evasion strategy, diplomatic discourse.
Reference bibliographic list
1. Borisova I.N. Discursive strategies in colloquial dialogue / Russian colloquial speech as a phenomenon of urban culture. – Yekaterinburg: Ural. State University, 1996. – S. 29.
2. Klyuev E.V. Speech communication. The success of verbal communication. – Moscow: Ripol classic, 2019. – P. 79.
3. Matveeva G.G. Systemic speech. – Saratov: Ural, 2019. – P. 67.
4. Matveeva G.G. Interuniversity collection of scientific papers: Personality, speech and legal practice. – Rostov-on-Don: DUI, 2016. – P. 95.
5. Ryabova M.E. Interuniversity collection of scientific literature: The specifics of oraloh and written communication on the Internet. Actual problems of oral and written communication: theoretical and applied aspects. – Saransk: Typography Red October, 2016. – P. 64.
6. Churikov M.P. Consent, disagreement and evasion in the aspect of verbal communication. – Pyatigorsk: Snow, 2018. – P. 81.
7. Oleshkov M.Yu. Fundamentals of functional linguistics, discursive aspect. – Nizhny Tagil: Tome, 2016. – P. 45.
8. Parshina O.N. Strategies and tactics of speech behavior of the modern political elite of Russia. – Saratov: Slovo, 2005. – P. 24.
9. Khismatullina R.R., Latypova E.R. Features of intercultural communication in business negotiations. – Sterlitamak: Prospects for linguistic knowledge: youth and science. – 2018 – P. 4.
PEDAGOGY AND LAW
KOROBOVA Aleksandra Petrovna
Ph. D. In Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
KRISKO Valeriya Nikolaevna
magister student of the Samara State University of Economics
ON THE ISSUE OF THE DISTRIBUTION OF POWERS BETWEEN THE AUTHORITIES OF THE RUSSIAN FEDERATION AND ITS SUBJECTS
The article deals with the problem of the distribution of power between the Russian Federation and its subjects, taking into account the fundamental principles of federalism. The article reveals the essence and content of federalism as one of the well–known basic territorial forms of government, which determines the need for a clear definition of the subjects of jurisdiction of the Russian Federation, on the one hand, the subjects of the Russian Federation, on the other hand, and subjects of joint jurisdiction, on the third. The advantages and disadvantages of the currently used and constitutionally fixed approach to solving this issue are analyzed from the point of view of the need to strengthen statehood and preserve the identity of the peoples of the Russian Federation living in certain regions of our country. Attention is focused on the problematic aspects of the separation of powers between the two levels of government, proposals are formulated for their resolution, taking into account the possibilities of the current federal legislation and the legislation of the subjects of the Russian Federation.
Keywords: powers, subjects of the federation, municipal power, state power, state, federalism, subjects of competence, federal structure, federation, competence.
Reference bibliographic list
1. Andrichenko L.V. Constitutional federalism: problems of differentiation of powers // Modern Russian federalism and local self-government in the context of the prospects for the development of the Russian state and law: Interuniversity collection based on the materials of the International Scientific and Practical Conference dedicated to the 100th anniversary of the founding of the TASSR and the School of a Young Scientist. Rep. ed. I.A. Umnova-Konyukhova, E.D. Kostylev. 2019. S. 40-54.
2. Zayakin V.G. Modern problems of the distribution of powers between the authorities of the Russian Federation and its subjects // Young scientist. 2020. No. 51 (341). pp. 202-204.
3. Kamilova D.V., Dzhamalutdinova D.B. Constitutional and legal nature of the delimitation of subjects of jurisdiction and powers between the levels of state power // Law and Law. 2019. No. 5. S. 43-44.
4. The Constitution of the Russian Federation: Adopted by popular vote on 12/12/1993 with changes approved during the nationwide vote on 07/01/2020) // Consultant Plus: sprav, legal system. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_28399/ (accessed 05/07/2022).
5. Morocco N.A. To the question of the structure of the principle of delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation // Socio-political sciences. 2019. No. 3. S. 52-57.
6. Nikitin A.A. Distribution of powers between the levels of public authorities in the Russian Federation in the context of the principle of federalism // International and national law in the conditions of integration of legal systems. Collection of materials of the International scientific-practical conference. Under the general editorship of N.I. Petrenko. Cheboksary, 2022, pp. 323-327.
7. On the general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: Federal Law No. 184-FZ of October 6, 1999 (as amended on December 21, 2021) // Consultant Plus: reference, legal system [Electronic resource] . – Access mode: http://www.consultant.ru/document/cons_doc_LAW_14058/ (accessed 07.05.2022).
8. Eriashvili N.D. Some problems of the federal form of the structure of the Russian state // Mirovaya ekonomika: problemy bezopasnosti. 2021. No. 2. S. 149-154.
PEDAGOGY AND LAW
LANOVOY Vadim Gennadjevich
Ph.D. in Law, Head of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
THE STATE AND ITS SOVEREIGNTY IN THE CONTEXT OF THE GLOBALIZATION PROCESS
The article gives the content of the category of “state sovereignty”through the disclosure of the concepts of “globalization process”, “domestic policy”, “foreign policy”, “global policy”, “state” and its main functions. It is argued that state sovereignty should be understood not only in its legal context, but primarily as a real possibility of managing public relations as prescribed by the norms of law and the objective vital necessity of the existence of the state itself in accordance with the goals of domestic, foreign and global policy. The author, on the basis of sociological and psychological approaches to understanding law and the state, a fairly general theory of management of social processes, concludes that in the “state-society” management system there are direct and inverse links between the subject and the object of management, that is, society always has one or another influence on the adoption of power decisions. But their quality directly depends on the level of political and legal culture of each person. In the socio-psychological context, state sovereignty is a set of personal moral and sovereign culturalties of the authorities and the individual on the principle of the dictatorship of everyone’s conscience.
Keywords: globalization, culture, power, ideology, politics, state, sovereignty, functions of the state, morality, law, social management, management system.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (with amendments approved during the all-Russian vote on July 1, 2020) // Consultant Plus: comp. ref. legal system. – [Electronic resource]. – Access mode: http // www.consultant.ru (date of access: 04/10/2022).
2. Convention on the Rights and Duties of States (Montevideo, December 26, 1933). – [Electronic resource]. – Access mode: http: online.zakon.kh (date of access: 04/01/2022).
3. Federal Law of July 10, 2002 No. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" // Consultant Plus: Comp. ref. legal system. – [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01/10/2022).
4. Determination of the Constitutional Court of the Russian Federation of December 14, 2000 // Consultant Plus: comp. ref. legal system. – [Electronic resource]. – Access mode: http // www.consultant.ru (date of access: 04/10/2022).
5. Malakhov V.P. Philosophy of law. – M., 2007.
6. Khazin M., Shcheglov S. Stairway to Heaven. Short version. – M.: RIPOL classic, 2017.
7. Philosophical Dictionary / Ed. M. M. Rosenthal. – M.: Politizdat, 1972.
POLITICS AND LAW
KISELYOVA Zlata Alekseevna
magister student of the 2nd year of study of the direction “Political management and public relations” spec. political science of the Bashkir State University
MAYATSKAYA Olga Borisovna
Ph.D. in science philosophicals, associate professor of political science and public relations sub-faculty of the Bashkir State University
FEATURES AND PROSPECTS OF RELATIONS OF THE STATE AND RELIGION
The article is devoted to the study of the ideological sources that served as an incentive for the revival of right-wing radicalism in modern Ukraine, examines the relationship of right-wing political forces with the ideology of Ukrainian nationalism of the early 20th century, which became the ideological foundation of the Organization of Ukrainian Nationalists and adopted by the Ukrainian Insurgent Army. The article examines Ukrainian nationalism in retrospect, considers the works of F. Dukhinsky, the concept of Ukrainian nationalism by M. Hrushevsky, N. Mikhnovsky, the ideas of the OUN theorists Ya. Stetsko and N. Stsiborsky. It is noted that today in Ukraine the fascist ideology and symbols are officially established, the justification of fascism and the glorification of the accomplices of the Nazis are taking place; it is determined that modern right-wing radicals, like their ideological predecessors from the OUN and UPA, see the creation of a mono-ethnic Ukrainian state and the rise of the Ukrainian nation by any means and methods as their ultimate goal.
Keywords: Ukraine, nationalism, nation, separatism, Russophobia, xenophobia, terrorism, decommunization, revanchism, radicalism, Ukrainian nationalism, right-wing parties.
Reference bibliographic list
1. Gellner E. Nations and nationalism. – M.: Progress, 1991. – 320 p.
2. Gudimenko D. V. Nationalism in the modern world: typology and forms of manifestation. – S. 2713. [Electronic resource]. – Access mode: https://www.imemo.ru/files/File/ru/articles/2021/VoprNIFO-102021-Gudimenko.pdf.
3. Dontsov D. Ideology. [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/ruwiki/176527#cite_note-2.
4. Dontsov D. Cross with a sword // Unification or separation. – Toronto, 1967. – 320 p.
5. Rhys L. The Nazis: A Warning of History / Lawrence Rhys: trans. from English. Maria Kozlova. – M.: Hummingbird, Azbuka-Atticus, 2018. – 448 p.
POLITICS AND LAW
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
TOPICAL ISSUES OF MUNICIPAL YOUTH POLICY AT THE PRESENT STAGE
The article is dedicated to the analysis of topical issues of youth policy implemented at the municipal level. The author points out a number of problems in this area, identifies the causes of ineffective municipal youth policy and suggests ways to improve it.
Keywords: youth policy, youth, municipality, strategy of municipal formation, social practice.
Reference bibliographic list
1. Atamanova Yu.S. Municipal level of implementation of youth policy in the Russian Federation // Synthesis of science and society in solving global problems of our time. collection of articles of the International Scientific and Practical Conference. 2019. S. 174-177.
2. Zelinskaya M.V., Dolzhikov V.A. Problems of state and municipal management of youth policy in Russia // Economics and management in modern Russia. Materials of the IV national scientific-practical conference, text electronic edition. 2020. S. 175-179.
3. Makarova O.A., Tumurov Zh.T. Problems of implementation of municipal youth policy // Youth in the conditions of digitalization of society: international, national and regional aspects. Collection of articles of the All-Russian Scientific and Practical Conference. Under the general editorship of E.V. Matveeva, A.A. Mitin. 2020. S. 246-250.
4. Pazdnikov D.V. Youth policy and problems of its implementation at the municipal level // Innovative discourse of the development of modern science. Collection of articles of the X International Scientific and Practical Conference. Petrozavodsk, 2022, pp. 147-154.
5. Sereda A.S., Burdeliy P.P., Kharchenko S.N. Mechanisms and ways of implementing youth policy at the municipal level // Scientific electronic journal Meridian. 2020. No. 5 (39). pp. 18-20.
6. Snigireva A.A. Problems of implementation of youth policy at the municipal level // Forum of Young Scientists. 2021. No. 6 (58). pp. 682-685.
7. Federal Law No. 131-FZ of October 6, 2003 (as amended on December 30, 2021) “On the General Principles of Organizing Local Self-Government in the Russian Federation” // SPS Consultant Plus.
POLITICS AND LAW
PRIPECHKIN Viktor Vladimirovich
Ph.D. in historical sciences, professor of Humanities and socio-economic disciplines sub-faculty of the North-West brunch, St. Petersburg of the Russian State University of Justice
THE WORK, GOODNESS AND GLORY OF PETER I IN THE TRANSFORMATION OF RUSSIA
The author examines the process of formation and development of Russia during the reign of Peter the Great. The originality of Peter I's personality is revealed. The contradictions and difficulties in the implementation of the first reforms and restructuring of legal and enlightenment paradigm of the age of Enlightenment are revealed. Peter's views on the restructuring of economic transformations in Russia are shown. The analysis of the military reform as the basis for the formation of the institute of military service is given.
Keywords: transformation, reforms, state crimes, morality, enlightenment.
Reference bibliographic list
1. Anisimov E.V. Time of Peter's reforms. – Lenizdat, 1989. – S. 489.
2. Verkhovsky P.V. Establishment of the Spiritual College Spiritual regulations. – T. I. – M., Rostov-on-Don, 2016. – P. 316. 3. Esipov G.V. Schismatic affairs of the 18th century. – T. 1. – St. Petersburg., 1861. – S. 572.
4. Zaozersky N.I. Russia during the reforms of Peter I. – M., 1973. – S. 397.
5. Likhachev D.S. Slavic culture in the era of the formation and development of the Slavic nations in the XVIII – XX centuries. – M., 1978. – S. 481.
6. Pavlenko I.N. Russia during the reforms of Peter I. – M .: Nauka, 1973. – P. 531.
7. Pogodin M.P. Peter the Great. In book. Historical-critical passages. – T. 1. – M., 1846. – S. 403.
POLITICS AND LAW
ABDINOV Ilgar Eldar ogly
competitor of the National Academy of Sciences of Azerbaijan
RUSSIAN ENGAGEMENT IN SHANGHAI COOPERATION ORGANIZATION: MOTIVES AND CURRENT SITUATION
In recent years, Russia’s orientation to the East has been an important trend in international relations. The Shanghai Cooperation Organization (SCO) is an example of how Russian foreign policy presents its evolution through the lens of changing events in Asia. In this article, the authors try to analyze Russia’s interests in the SCO, its relations with China, and how they can affect the future work of the SCO. The main contribution of this article is an analysis of Russia’s foreign policy in Eurasia with a focus on the SCO through its relationship with China, a major Asian power.
Keywords: BRI, China, EAEU, foreign policy, Russia, SCO, regional security.
Reference bibliographic list
1. Denisov I., Fenghua L., and Sun Z. (2018). Russia and China: Cooperation in a New Era. Results of the 19th National Congress of the Communist Party of China and of the Russian Presidential Election (Policy Brief No. 17). [Electronic resource]. – Access mode: https://russiancouncil.ru/papers/Russia-China-Policybrief17-En.pdf.
2. Denisov I.E., and Safranchuk I.A. (2016). Four Problems of the SCO in Connection with Its Enlargement. Russian Politics & Law, 54 (5-6): 494-515. DOI: 10.1080/10611940.2016.1296304
3. Mekhdiev E.T., Prokhorova V.V., Makar S.V., Salikhov G.G., Bondarenko A.V. Smart Cities in Future Energy System Architecture / International Journal of Energy Economics and Policy. 2018. V. 8. No. 5. S. 259-266. EDN: ANEGJA.
4. Na-Xi L., Meng-Fang H., and Shan-Bing L. (2019). How the Belt and Road Initiative Can Help Strengthen the Role of the SCO and Deepen China’s Cooperation with Russia and the Countries of Central Asia. India Quarterly: A Journal of International Affairs, 75(1): 56-68. DOI: 10.1177/0974928418821484.
5. Perskaya V., Sokolova E., Mekhdiev E., Guliev I. Drivers of deepening the BRICS countries partnership (based on a comparative analysis of national development strategies) // Espacios. 2019. V. 40. No. 42. S. 1-9.
6. Pradt T. (2020). The Prequel to China's New Silk Road. Preparing the Ground in Central Asia. Palgrave Macmillan. p. 67.
7. Putin V. (2018). Presidential Address to the Federal Assembly. Retrieved from Official Internet Resources of the President of Russia website. [Electronic resource]. – Access mode: http://en.kremlin.ru/events/president/news/56957.
8. Yun Y., and Park K. (2012). An Analysis of the Multilateral Cooperation and Competition between Russia and China in the Shanghai Cooperation Organization: Issues and Prospects: Russia and China in the SCO. Pacific Focus, 27(1): 62-85. DOI: 10.1111/j.1976-5118.2012.01076.x.
9 Scepanovic J. (2020). Institutions, cooperation, and hegemony: a comparative analysis of Russia’s cooperative hegemonic strategy in Central Asia’s key institutional frameworks, Asian Security, DOI:10.108 0/14799855.2020.1784877
10. Song W. (2014). Interests, Power and China's Difficult Game in the Shanghai Cooperation Organization (SCO). Journal of Contemporary China, 23 (85): 85-101. DOI: 10.1080/10670564.2013.809981.
11. Xi J. (2017). Full Text: Keynote Speech by H.E. Xi Jinping, President of the People's Republic of China, at the Opening Session of the World Economic Forum Annual Meeting. Davos, 17 January 2017. Retrieved from The State Council Information Office website. [Electronic resource]. – Access mode: http://www.china.org.cn/node_7247529/content_40569136.htm.
12. Medvedeva M.B., Arzhaev F.I. "Silk Road" and the Eurasian Economic Union: the complexity of pairing // Finance, money, investments. 2017. No. 4 (64). pp. 3-8.
13. Solovova Yu.V. Transformations of the world energy system in the context of the energy transition trend // Discussion. 2021. No. 4 (107). pp. 49-58. EDN: EDUZDG.
SOCIOLOGY AND LAW
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the State Agrarian University of the Northern Trans-Urals
KOROLEVSKIKH Anastasia Nikolaevna
senior lecturer of Applied mechanics sub-faculty of the Tyumen Industrial University
RURAL COMMUNITY ABOUT NATIONAL IDEAS AND GOALS OF RUSSIA
The article presents an analysis of a questionnaire survey of rural residents in the south of the Tyumen region, conducted in 2021 by scientists from the Tyumen Industrial University as part of the project “Ethno-cultural diversity of Russian society and strengthening the all- Russian identity ". The survey involved 1,000 respondents, of which 286 were rural residents, whose answers made it possible to assess their attitude to national ideas and goals formulated at the state level.
Keywords: national idea, national goals, rural residents, employment, health, well-being of Russians, digital economy.
Reference bibliographic list
1. Decree of the President of the Russian Federation of May 7, 2018 No. 204 “On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024” (with amendments and additions). [Electronic resource]. – Access mode: https://base.garant.ru/71937200/#friends (date of access: 03/10/2022)
2. Decree "On the national development goals of the Russian Federation for the period up to 2030". [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/63728 (date of access: 03/10/2022)
3. Ustinova O.V., Khairullina N.G., Kolesnik E.A. State policy of increasing the birth rate in conditions of instability. Tyumen: TIU, 2021. 4. Khairullina N.G. The role of the state in the development of human potential // In the collection: Problems of sustainable development in the sectoral and regional aspect. Materials of the international scientific-practical conference. In 2 volumes. Tyumen, 2020. S. 262-266.
5. Khairullina N.G. Russian Civil Society: Regional Aspect // Eurasian Law Journal. 2020. No. 4 (143). pp. 375-376.
6. Shestakov S.A. Dynamics of the socio-political situation in the Tyumen region // Eurasian legal journal. 2020. No. 3 (142). pp. 320-322.
SOCIOLOGY AND LAW
DAUTOVA Tanzilya Akhtyamovna
Ph.D. in sociological sciences, associate professor of State management sub-faculty of the Bashkir State University
GENDER REPRESENTATION IN PUBLIC AUTHORITIES OF THE RUSSIAN FEDERATION
The article analyzes the state of state authorities of the Russian Federation from the point of view of an adequate gender representation in them. The existing disproportions are considered in their chronological changes and dynamics. The elimination of the prevailing disproportionate gender positions is proposed on the path of a more dynamic development of civil society institutions and a system of measures to improve the political culture of the population.
Keywords: gender, lawmaking, civil service positions, gender asymmetry, corruption, civil society, critical mass.
Reference bibliographic list
1. Women and men of Russia. 2020: Stat. Sat. / Rosstat. – M., 2020. – 239 p.
2. Women and corruption: What positions must they hold to make a difference? // Journal of Economic Behavior & Organization. – Volume 151. – July 2018. – P. 219-233.
SOCIOLOGY AND LAW
PETROVSKIY Evgeniy Ivanovich
student of the Academy of Management of the MIA of Russia
LASHCHENOV Mikhail Sergeevich
Ph.D. in sociological sciences, associate professor of Theory and methodology of public administration sub-faculty of the Academy of Management of the MIA of Russia
THE CONTRIBUTION OF THE PUBLIC COUNCILS UNDER THE MAIN DIRECTORATE OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA FOR THE CITY OF MOSCOW TO THE CAUSE OF LAW AND ORDER IN THE CAPITAL
In modern conditions, the organization of effective interaction between the police and civil society institutions is becoming an integral part of the law enforcement policy of the state and the key to a successful fight against crime. Monitoring of the positive practice of organizing partnerships is a necessary and in-demand tool for improving the joint activities of law enforcement entities.
The article deals with the activities of the Public councils under the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow in the field of law and order, observance of the rights and freedoms of citizens, public control over the activities of the police, as well as implemented measures that help expand the range of subjects of preventive interaction and increase the number of active (non-specialized) participants in the law enforcement process.
Keywords: public council, public control, police, crime prevention, legality and law and order.
Reference bibliographic list
1. Zueva O.V. The study of public opinion as a way to optimize the activities of the police / / Logos et Praxis. – 2017. – T. 16. – No. 2. – S. 100-106.
2. Monitoring of public opinion on security issues / Information and analytical report on the results of a sociological study – Moscow, 2019. – P. 6. [Electronic resource]. – Access mode: https://www.mos.ru/dsmir/documents/socio/ (date of access: 06/01/2022).
3. Namrueva E.V., Idyanova O.I. Technologies of interaction of internal affairs bodies with the media // Bulletin of the Adyghe State University. Series 1: Regional studies: philosophy, history, sociology, jurisprudence, political science, cultural studies. – 2021. – No. 1 (274). – S. 78-83.
SOCIOLOGY AND LAW
RAKHMATULLINA Zilya Borisovna
Ph.D. in sociological sciences, associate professor of Social work sub-faculty of the Bashkir State University
KOVROV Vladimir Fedorovich
Ph.D. in sociological sciences, associate professor of Sociology and youth work sub-faculty of the Bashkir State University
PROBLEMS OF ADAPTATION AND INCREASING ACCESSIBILITY OF CULTURAL HERITAGE FOR PEOPLE WITH DISABILITIES
The article deals with the problems of adapting and increasing the accessibility of cultural heritage and contemporary art for all categories of the population, including people with disabilities through the use of digital technologies. The authors substantiate that the creation of virtual concert halls, online broadcasts, the development of an electronic library, the creation of virtual museums and multimedia guides break down barriers to familiarize people with disabilities with cultural heritage sites, including young people in this category.
Keywords: cultural heritage, cultural adaptation, accessibility, people with disabilities, digital technologies.
Reference bibliographic list
1. Fundamentals of the legislation of the Russian Federation on culture (approved by the Supreme Court of the Russian Federation on October 9, 1992 No. 3612-1) (as amended on April 30, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_1870/ (date of access: 04/29/2022).
2. Federal Law No. 73-FZ of June 25, 2002 (as amended on December 21, 2021) “On Cultural Heritage Objects (Monuments of History and Culture) of the Peoples of the Russian Federation”. Article 3. Objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_37318/8aa9478dba49e6a5c251a3332d51e78e4839a9d8/ (date of access: 04/28/2022).
3. Great Soviet Encyclopedia. [Electronic resource]. – Access mode: https://gufo.me/dict/culturology/Adaptation_cultural (date of access: 04/27/2022).
4. Voronova M.V. Features of the organization of leisure for people with disabilities // Multidisciplinary scientific journal Sciences of Europe, 2017. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-organizatsii-dosuga-lyudey-s-ogranichennymi-vozmozhnostyami-zdorovya (date of access: 04/29/2022).
5. Zhuravleva M., Pankov V. Culture in the "figure". Why interest in cultural heritage and academic art is growing. [Electronic resource]. – Access mode: http://rbcplus.tilda.ws/kultura-v-cifre (Accessed: 05/02/2022).
6. The path to an inclusive society. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3707304?query=culture%20 people%20%20limited (date of access: 3.05.2022).
7. Rakhmatullina Z.B. Problems of inclusive education // Modern society in conditions of socio-economic uncertainty”. XV International Scientific Conference "Sorokin Readings": Collection of materials. – Moscow: MAKS Press, 2021. – 1241 p.
8. Sociological dictionary. [Electronic resource]. – Access mode: https://gufo.me/dict/social/ADAPTATION_CULTURAL (date of access: 04/18/2022).
9. Report of the Minister of Culture of the Republic of Bashkortostan Amina Ivnievna Shafikova “On the implementation of regional projects and the priorities of the national project “Culture” 29.10.2020 [Electronic resource]. – Access mode: https://culture.bashkortostan.ru/presscenter/lectures/1344/ (date of access: 05/04/2022).
SOCIOLOGY AND LAW
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, chief researcher of the Institute of Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences, Academician of the Academy of Sciences of the Republic of Bashkortostan
FAYZULLIN Ilgiz Fanilevich
Ph.D. in sociological sciences, senior researcher of the Institute for Strategic Studies of the Academy of Sciences of the Republic of Bashkortostan
THE ROLE OF EDUCATIONAL POTENTIAL IN THE FORMATION AND DEVELOPMENT OF THE HUMAN CAPITAL OF THE REGION
The article analyzes education as the human capital of the region’s development on the basis of statistical materials and the results of sociological research, identifies the main trends and contradictions in the development of the region’s education system on the example of the Republic of Bashkortostan. Education is considered as a basic factor on the basis of which the resource potential is formed and functions, during the implementation of which there is an increase in labor productivity, the quality of the lifestyle of the population, overcoming the existing social differentiation between different social groups and ensuring sustainable socio-economic development of society. It is argued that with a high formal level of education of workers, labor productivity indicators in Russia as a whole and in the regions significantly lags behind other civilized countries of the world. Low labor productivity and low capitalization of skills and knowledge of the economically active population is associated with the specifics of the model of the Russian labor market. The decline in the quality of labor capital and the unfavorable environment in these conditions for creative workers have become the reasons for the inhibition of the socio-economic breakthrough in the life of the country. All this leads to the need for qualitative transformations in the Russian system, both the labor market and the institute of education. The necessity of developing a social program aimed at solving these problems, increasing the efficiency of using education as human capital in order to intensify the development of the region is substantiated.
Keywords: human potential, human capital, education system, improving the efficiency of human capital, region, employment, unemployment, social program.
Reference bibliographic list
1. Dyatlov S. A. Fundamentals of the theory of human capital. St. Petersburg: SPbUEF, 2004.
2. Kapelyushnikov R. I. The concept of human capital. Criticism of modern bourgeois political economy. M.: Nauka, 1977. 80 p.
3. Zhilenkova E.P., Shevaturina Ya.V. The concept of development of the concept of human capital: historical aspects of the main provisions and system analysis // Regional problems of transformation of the economy. 2018. No. 2. S. 73-79.
4. Fayzullin F. S. Social capital and the development of technology for its implementation // Problems
5. oriental studies. 2021. No. 1. S. 23-29.
6. Faizullin F.S., Shafikov M.T., Faizullin T.F., Timirova L.N. Scientific and educational potential of the region. Ufa: CJSC "Ak Idel Press", 2014. 156 p.
7. "REPUBLIC OF BASHKORTOSTAN IN FIGURES" Statistical collection. Ufa, 2021.
8. Final report of the Ministry of Education and Science on the results of the analysis of the state and prospects of development witheducation system of the Republic of Bashkortostan for 2020. Ufa, 2021.
9. Decree of the Government of the Republic of Bashkortostan dated February 21, 2013 No. 54 on the state program “Development of Education in the Republic of Bashkortostan” (as amended on November 26, 2021).
10. [Electronic resource]. – Access mode: https://bashstat.gks.ru/ storage/ mediabank/ Obschee-obrazovanie.pdf
11. [Electronic resource]. – Access mode: https://rosstat.gov.ru/labour_force?print=1
12. Comprehensive monitoring of the living conditions of the population 2020. [Electronic resource]. – Access mode: https://www.gks.ru/free_doc/new_site/GKS_KOUZH-2020/index.html
13. Information portal of employment of the population of the Ministry of Family and Labor of the Republic of Belarus. [Electronic resource]. – Access mode: https://bashzan.ru/posts/195817.
LANGUAGE AND LAW
LYSENKO Nelly Alekseevna
Ph.D. in Law, senior lecturer of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
MOLCHANOVA Svetlana Evgenjevna
Ph.D. in philological sciences, associate professor of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
CLASSICAL CONCEPTION OF LEGAL FORMALISM IN WESTERN LEGAL SCIENCE
The article is dedicated to the analysis of the classical concept of legal formalism in Western legal science. Considering various aspects of this phenomenon, the author pays special attention to the formalist method, which allows legal scholars and philosophers of law to comprehend the deep essence of political and legal phenomena and processes. Of particular interest and unconditional value is also the fact that the author devoted his article to foreign experience in the study of legal formalism, and also used English-language sources not translated into Russian.
Keywords: law, form, legal formalism, legal system, legislation, court.
Reference bibliographic list
1. Thomas Aquinas. sum of theology. – M.: AST, 2019. – 320 p.
2. Simpson A. W. B. Legal Iconoclasts and Legal Ideals. // Criminal Law Review. – 1990. – No. 58. – P. 819-835.
3. Unger R. The Critical Legal Studies Movement. // Harvard Law Review. – 1983. – No. 96. – P. 561-576.
4. Weinrib E. J. The Idea of Private Law. – Oxford: Oxford University Press, 2012. – 238 p.
LANGUAGE AND LAW
LYSENKO Nelly Alekseevna
Ph.D. in Law, senior lecturer of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
MOLCHANOVA Svetlana Evgenjevna
Ph.D. in philological sciences, associate professor of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
MODERN UNDERSTANDING OF LEGAL FORMALISM IN WESTERN LEGAL SCIENCE
The article is dedicated to topical legal issues – the modern understanding of legal formalism. Considering various aspects of this phenomenon, the author pays special attention to the formalist method, which allows legal scholars and philosophers of law to comprehend the deep essence of political and legal phenomena and processes. Of particular interest and unconditional value is also the fact that the author devoted his article to foreign experience in the study of legal formalism, and also used English-language sources that were not translated into Russian.
Keywords: law, private law, legal formalism, legal system, legislation, court.
Reference bibliographic list
1. Simpson A.W.B. Legal Iconoclasts and Legal Ideals // Criminal Law Review. – 1990. – No. 58. – P. 819-835.
2. Weinrib. E.J. The Idea of Private Law. – Oxford: Oxford University Press, 2012. – 238 p.
3. Unger R. The Critical Legal Studies Movement // Harvard Law Review. – 1983. – No. 96. – P. 561-576.
ECONOMY. RIGHT. SOCIETY
KAZARINA Viktoriya Vladimirovna
General Director of IP “Kazarina”, Moscow
RE-ENGINEERING OF BUSINESS PROCESSES IN A FURNITURE ENTERPRISE
Abstract: The paper explores the possibility of applying different approaches to reengineering of business processes in furniture enterprises. Transforming competitive conditions dictate new rules for sales and production of furniture products. First of all, the furniture market environment has undergone changes caused by restrictive measures. Most furniture companies have been forced to switch over to online sales. The quality of information provided on websites, the speed of online order processing, as well as delivery and service, began to determine the amount of revenue and business reputation of the enterprise, the decline in which may be caused by the presence of problems and bottlenecks in the current business processes.
Keywords: re-engineering, business processes, furniture enterprises, revenue.
Reference bibliographic list
1. Gracheva D.O., Telnova N.N., Kozel I.V., Vorobieva N.V., Baicherova A.R. Features of identifying qualitative and quantitative characteristics of the concept of "Business Process" // Economics and Management: Problems, Solutions. 2016. V. 2. No. 4. S. 139-146.
2. Mantsivoda A., Ponomarev D. On the semantic document modeling of business processes // Bulletin of the Irkutsk State University. Series: Mathematics. 2019. V. 29. S. 52-67.
3. Bezrukova T.L., Shanin I.I. Innovative development of enterprises based on business process reengineering // Actual directions of scientific research of the XXI century: theory and practice. 2014. Vol. 2. No. 1 (6). pp. 338-343.
4. Parakhina V.N., Boris O.A., Bezrukova T.L., Bezrukov B.A., Kirillova S.S. Assessment of the social and innovative orientation of enterprises and companies // Review of Applied Socio-Economic Research. 2014. V. 8. No. 2. S. 132-140.
5. I. I. Shanin, E. P. Khorokhordin, and E. Yu. Analysis of business processes in commercial enterprises // Actual directions of scientific research of the XXI century: theory and practice. 2020. V. 8. No. 2 (49). pp. 116-122.
ECONOMY. RIGHT. SOCIETY
KVITCHUK Margarita Aleksandrovna
Ph.D. in economical sciences, associate professor, Deputy Head of Accounting, analysis and audit sub-faculty of the St. Petersburg University of the MIA of Russia
KVITCHUK Anatoliy Sergeevich
Ph.D. in Law, professor, Head of Transport security sub-faculty of the St. Petersburg University of the MIA of Russia
ECONOMIC SECURITY AND CIRCULATION OF DIGITAL CURRENCIES
The emergence of new means of payment and exchange at the current stage of the technological order provides for the emergence of new opportunities and related threats that must be identified in order to preserve economic and social well-being. The object of the study is the elements of the financial system that provide the function of payment and exchange. The subject of the study is digital currencies as a new element of the financial system. The purpose of the study is to identify potential threats to the economic elements of the aggregate national security system from the introduction and use of new decentralized means of payment and exchange. The research methods assume a theoretical and heuristic analysis of the phenomenon, based on the opinion and argumentation of official sources. The result of the study is a scientifically grounded and reasoned position on the nature and content of digital currencies and a cumulative sign of the impact on the economic security of the entire economic complex of the country.
Keywords: financial resources, national security, cryptocurrency, economic security, governance mechanisms.
Reference bibliographic list
1. Dvoryankin O.A., Klochkova E.N. Cryptocurrency is a new instrument of the drug business // Narcocontrol. – 2018. – no. 4. – S. 19-22. – DOI:10.18572/2072-4160-2018-4-19-22.
2. Poliichuk A.S. Legalization of income in terms of the informal economy of Russia: critical analysis and countermeasures // Discussion. – 2022. – No. 2 (111). – S. 60-68. – DOI 10.46320/2077-7639-2022-2-111-60-68. – EDN EKIWKT.
3. Umarov Kh.S. Cryptocurrencies as investments: advantages and risks / Kh. S. Umarov // Discussion. – 2022. – No. 1 (110). – S. 52-60. – DOI 10.46320/2077-7639-2022-1-110-52-60. – EDN XIODYQ.
4. Martin J. Drugs on the dark net: how cryptomarkets are transforming the global trade in illicit drugs. Houndmills, Basingstoke, Hampshire; New York, NY: Palgrave Macmillan, 2014. 92 p. DOI: 10.1057/9781137399052.
ECONOMY. RIGHT. SOCIETY
KOSTYLEVA Elena Gennadjevna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
ZARIPOVA Diana Rafisovna
magister student of the direction “Field pipeline systems” of the Ufa State Petroleum Technological University
MAZITOVA Alsu Asgatovna
magister student of the direction “Field pipeline systems” of the Ufa State Petroleum Technological University
STRATEGIC PLANNING AND MANAGEMENT OF THE OIL AND GAS INDUSTRY AND THE RUSSIAN ECONOMY
The authors analyze the problems and prospects for the development of Russian pipeline transport. The article reveals the essence of strategic management development in this branch of the oil and gas industry.
Keywords: strategic planning and management, pipeline transport.
Reference bibliographic list
1. Gaysina L.M., Levashov D.A. Labor collective as an institution of social rehabilitation of people with disabilities // Intelligent Technologies and Means of Rehabilitation and Habilitation of People with Disabilities (ITSR-2018). Proceedings of the III International Conference. – 2018. – S. 325-329.
2. Kozlova Yu.B., Grogulenko N.V., Nafikova L.I. Features of the promotion campaign for the products of a research organization on the example of the State Unitary Enterprise of the Institute of Petrochemical Processing of the Republic of Bashkortostan // Eurasian Law Journal. – 2020. – No. 3 (142). – S. 384-385.
3. Kostyleva E.G., Valeev M.R. Influence of globalization on the development of the fuel and energy complex // Eurasian legal journal. – 2021. – No. 5 (156). – S. 451-452.
4. Kostyleva E.G., Zaripova D.R. Conditions for the formation of a model of innovative development of the oil and gas industry in Russia on the example of the enterprise "Rosneft" // Eurasian legal journal. – 2021. – No. 4 (155). – S. 450-451.
5. Kostyleva E.G., Fryazinov N.Yu. Influence of economic globalization on the development of the competitiveness of petrochemical enterprises // Eurasian legal journal. – 2021. – No. 5 (156). – S. 474-475.
6. Levashov D.A. The Internet as a sphere for the development of youth entrepreneurship // Modern social technologies for working with youth in Internet communications. Collection of articles of the III International Scientific and Practical Conference. In 2 parts. Managing editor R.B. Shaikhislamov. – 2019. – S. 143-147.
7. Sultangareev M.R., Kostyleva E.G. Evaluation of the economic efficiency of the use of digital technologies in the oil and gas industry // Actual issues of economics and management in the oil and gas business. Collection of scientific papers of the IV All-Russian Scientific and Practical Conference. – 2020. – S. 97-99.
8. Mekhdiev E.T., Prokhorova V.V., Makar S.V., Salikhov G.G., Bondarenko A.V. Smart Cities in future energy system architecture // International Journal of Energy Economics and Policy. – 2018. – T. 8. – No. 5. – S. 259-26.
9. Guliyev I.A., Mekhdiev E.T., Litvinyuk I.I., Bondarenko A.V., Yanguzin A.R. Global refining industry in retrospect, and evaluation of Russia-European Union petroleum products’ trade perspectives // International Journal of Energy Economics and Policy. – 2017. – V. 7. – No. 5. – S. 209-216.
ECONOMY. RIGHT. SOCIETY
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, leading researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation
KHAKIMOV Ruslan Maratovich
Ph.D. in technical sciences, associate professor of Quality management sub-faculty of the Bashkir State University
HRISTODULO Dmitry Antonievich
student of the IT Institute of the Ufa State Petroleum Technical University
FUNCTIONAL AND ECONOMIC DURABILITY OF OIL AND GAS INDUSTRY FACILITIES
The durability of is calculated as the service life of structures that are not replaced during repair – primarily foundations and walls buildings. It is possible to replace or repair, at best, only a part of the wall or foundation, or certain elements thereof, as well as various replaceable structures – roofing and facade coverings, window and doorblocks, details of exterior and interior decoration and much more. The possibility of complete or partial replacement of certain structural elements of the building is determined by their maintainability. In the oil and gas industry, where extremely intensive and difficult operating conditions, the issue of assessing durability and residual operational life is extremely relevant. The object of the study is the factor of durability and residual life of an oil and gas industry facility. The subject of the study is heuristic methods of technical and economic analysis. The purpose of this study is to detect a method for assessing the durability of an object at the design stage of work and to determine the residual resource in the conditions of operation of the object.
Keywords: economic durability, functional durability, residual resource, physical wear, repair.
Reference bibliographic list
1. GOST 27751-2014 “Reliability of building structures and foundations. Basic Provisions".
2. Kirillova E.A., Dli M.I., Kakatunova T.V., Epifanov V.A. Transformation of the triple helix model in the context of the formation of innovative ecosystems in industry // Discussion. – 2022. – No. 1 (110). – S. 16-30. – DOI 10.46320/2077-7639-2022-1-110-16-30. – EDN PFOLZD.
3. Khairullin V.A., Makar S.V., Yamalova E.N., Asadullin M.R. Social discount rate, social effect and implementation of Russia's national development goals // Discussion. – 2021. – No. 4 (107). – S. 79-91. – DOI 10.46320/2077-7639-2021-4-107-79-91. – EDN MBHDTX.
ECONOMY. RIGHT. SOCIETY
MUKHAMADIEVA Elvira Fanirovna
Ph.D. in economical sciences, associate professor of economic security sub-faculty of the Ufa State Petroleum Technological University
GALIMULLINA Snegana Radikovna
magister student of the Institute of Economic and Service of the Ufa State Petroleum Technological University
GALIMULLINA Natalya Anatoljevna
Ph.D. in economic sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
GILYZOVA Alisa Ildarovna
student of the Institute of the History and State Management of the Bashkir State University
IMPROVING THE PERSONNEL MANAGEMENT OF A PUBLIC INSTITUTION
Today, the main goal of the state personnel policy is the effective and professional work of civil servants. The formation of an effective personnel management system of an institution is the use of a set of measures that allow the organization’s labor resources to be concentrated in a certain order, allowing the economic entity to realize its goals in the most rational way. Therefore, the purpose of the publication of this study is to search for methods of personnel management in public institutions, since the effectiveness of the organization depends on the professional and personal qualities of a civil servant, his knowledge and skills, as well as mastered competencies .
Keywords: personnel management, civil servant, analysis of the personnel of a state institution, a state institution.
Reference bibliographic list
1. Oborin M.S. Formation of digital competencies of management of civil servants in a new economic format //Scientific result. Business and service technologies. 2021. V. 7. No. 2. S. 69-81.
2. Galimullina N.A., Galimullina S.R. Statistical analysis of the social protection of women // In the collection: Working woman: opportunities for professional implementation VS discriminatory practices (experience of the post-Soviet space). Collection of materials of the International scientific-practical conference. 2018. S. 277-282.
3. Ignatieva O.N., Galimullina N.A., Garipov R.R. Analysis of management methods in state executive authorities // Eurasian legal journal. 2019. No. 7 (134). pp. 356-358.
4. Patrusheva D.E., Mukhamadieva E.F. Trade secret and its protection // In the collection: Actual problems of ensuring the economic security of the state, regions, enterprises. Collection of scientific articles and materials of the All-Russian Scientific and Practical Conference. Managing editor O.V. Mamatelashvili. 2017. S. 244-246.
ECONOMY. RIGHT. SOCIETY
POTAPOV Alexey Nikolaevich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
EDUCATION OF MORAL BEHAVIOR OF CADETS OF DEPARTMENTAL UNIVERSITIES OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
This article reflects the features of education of cadets of the penitentiary system. Particular attention is paid to morality, patriotism and moral qualities of the future employee of the Federal Penitentiary Service of Russia. To minimize the undermining of the authority of the service, as well as to improve the state of the psychological situation in the team, it is necessary to carry out psychological and educational work aimed at improving professional skills and increasing stress resistance. We consider the interaction of cadets with the problems of society to be the most important component, involving them in volunteer activities, which has a positive effect on the minds of students. Recently, the number of participations has increased.
Keywords: cadets, penitentiary system, moral behavior, Federal Penitentiary Service of Russia, preventive work.
Reference bibliographic list
1. Military pedagogy: a textbook for universities. – St. Petersburg: Peter, 2008. – 640 p.
2. Kapshunova I.K. Genesis of moral and legal education of students of law schools: dis. … cand. ped. Sciences. – St. Petersburg, 2007. – 174 p.
3. Fortova L.K., Ovchinnikov O.M. Personality culture of cadets as a task of egogy // Molodoy ucheny. – 2015. – No. 8. – S. 1055-1057.
4. Fofanov A.M. Formation of the scientific worldview of university cadets: (moral aspect): textbook. allowance; Military Institute of Physics culture. – St. Petersburg, 2004. – 57 p.
ECONOMY. RIGHT. SOCIETY
SUSLOV Yuriy Evgenjevich
Ph.D. in economical sciences, professor of Management sub-faculty of the North-Western Institute of Management – branch of the RANEPA under the President of the Russian Federation
SUSLOV Evgeniy Yurjevich
Ph.D. in economical sciences, associate professor of Management sub-faculty of the North-Western Institute of Management – branch of the RANEPA under the President of the Russian Federation
STANKEEV Andrey Igorevich
magister student of the North-Western Institute of Management, branch of the RANEPA under the President of the Russian Federation
DEVELOPMENT OF THE ORGANIZATION'S COMPETENCIES IN PROJECT MANAGEMENT
The article discusses the existing approaches to the development of the necessary organizational competencies for conducting effective project activities. The standards of the International Project Management Association are analyzed, the constituent elements of organizational competence are determined. Considered the model of project management maturity assessment. Systematized the tools for evaluating project activities in the organization on various aspects. Formulated recommendations for the development of the organization’s project competencies in accordance with the considered maturity assessment model.
Keywords: project management, competence of the organization, maturity of project management.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economical sciences of the Ufa State Petroleum Technological University
BOROVKOVA Elizaveta Arkadjevna
bachelor of the Ufa State Petroleum Technological University
ANALYTICAL TOOLS FOR FINANCIAL PROJECT MANAGEMENT AT THE ENTERPRISE
The article discusses modern analytical tools for the operational financial management of projects at an industrial enterprise, which consist in the formation of management reporting and, based on it, the visualization of financial metrics/indicators using the Dashboard. The proposed tools allow you to identify the break-even level of the project, quickly control the level of operating costs in the context of fixed and variable, control the non-fulfillment of the planned level of operating profit and determine the factors that have a negative impact on the financial result of the project.
Keywords: project, financial management, Dashboard, financial areas, management reporting, profit, project margin level.
Reference bibliographic list
1. Vanchukhina L.I., Leibert T.B., Khalikova E.A. Practice-oriented analysis of the financial condition of the enterprise: textbook; USPTU. – Ufa: UGNTU Publishing House, 2017. – 195 p.
2. Vanchukhina L.I., Leibert T.B., Khalikova E.A. Business planning: from theory to practice: textbook. allowance; USPTU. – 2nd ed., corrected. and reworked. – Ufa: Publishing House of UG-NTU, 2016. – 305 p.
3. Volvin V. Analytical factory: how to set up financial analytics for business tasks: a practical guide. – Moscow: Alpina Publisher, 2021. – 548 p. – ISBN 978-5-9614-6211-1. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1841926 (date of access: 05/19/2022).
ECONOMY. RIGHT. SOCIETY
ALDATOV Konstantin Batrazovich
postgraduate student of the RANEPA under the President of the Russian Federation
GOVERNMENT SUPPORT OF INNOVATIONS IN BRAZIL AND INDIA
The article provides a description of government support of innovations in Brazil and India. Apart from that, the article analyzes experience of these countries connected with financial support based on governmental and private resources. The author examines public policies and instruments that were established in Brazil and India in order to stimulate innovations. Tax incentives and grants are among those instruments. Evaluating results and implementing solutions are those basic mechanisms that help businesses in their first stages of development.
Keywords: innovations, government support of innovations, innovation policy, Global Innovation Index, Development Bank of India, Entrepreneurial Mobilization for Innovation, National Confederation of Industry.
Reference bibliographic list
1. Hall B. & Lerner J. The Financing of R&D and Innovation. In B. Hall & N. Rosenberg (Eds.), Handbook of the Economics of Innovation (609–639). Amsterdam: Elsevier, 2010.
2. Lerner J., & Schoar A. Introduction. In J. Lerner & A. Schoar (Eds.), International Differences in Entrepreneurship (1-13). Chicago: University of Chicago Press, 2010.
3. Sheikh, Fayaz Ahmad. “Science, Technology and Innovation Policy 2013 of India and Informal Sector Innovations” // Current Science. – 2014. – Vol. 106. – No. 1. – R. 21-23.
4. Mashelkar R. A. From Imitation to Innovation // India International Center Quarterly. – 2006. – Vol. 33. – No. ¾. – R. 172-181.
5. Danish Institute for International Studies. “COVID-19: Impact and innovative responses.” Innovative responses to COVID-19: Future Pathways for ‘Techvelopment’ and Innovation // Danish Institute for International Studies. – 2020. – R. 9-28.
ECONOMY. RIGHT. SOCIETY
NIGMATULLIN Shamil Irekovich
postgraduate student of the Ufa State Petroleum Technological University
ANALYSIS OF THE DEVELOPMENT OF INNOVATION PROCESSES IN THE REGION **
In the conditions of modern trends, the driving force of socio-economic development is innovation, which determines the scenarios of innovative development of society. The article presents the evolution of approaches to the issues of innovative development, examines the main positive and negative aspects of Russian innovative development. The author analyzes the development of innovation processes in Russia through indicators of the level of innovation activity, innovation productivity and innovation costs, reflecting the level of stability, balance of phenomena and processes that affect the development of innovation processes in the country.
Keywords: innovation, regional development, innovative development, innovative activity, innovation process, indicators.
Reference bibliographic list
1. Leibert T.B., Tretyakov K.A. Management of innovative processes of development of enterprises. – Monograph. – Ufa, 2012. – P. 91.
2. Statistics of science and innovation: a brief terminological dictionary / ed. L.M. Gokhberg. – M.: TsISN, 1996. – S. 129.
3. Nigmatullin Sh.I. Analysis of innovative development of Russian regions // Audit and financial analysis. – 2020. – No. 5. – C. 144-147.
4. Rodionova L.N., Rudneva Yu.R. Innovation management: economic aspects. – Monograph. – Ufa, 2009. – S. 248.
ECONOMY. RIGHT. SOCIETY
KIZKO Ilya Petrovich
magister student of the 2nd course of the National Research University “Higher School of Economics”
CORPORATE LIFE CYCLE: THE DISTRIBUTION ON THE RUSSIAN MARKET
In this article we review the most known managerial models of Corporate life cycle theory and the financial methods of stage identification. Using the cash flow sign method, we show the distribution for Russian public companies. We show that the number of growing companies on the Russian market has dropped two times by 2020. Also, we show the switch made by companies from Growth and Maturity to Decline stage in 2014-2016. A tendency of return to Maturity has been observed since 2019. The key challenge of the Russian market is to motivate the emergence of Growth stage companies.
Keywords: corporate life cycle, life cycle.
Reference bibliographic list
1. Anthony J., Ramesh K. Association between accounting performance measures and stock prices-A test of the life cycle hypothesis. // Journal of Accounting and Economics. – 1992. – No. 15. – R. 203-227.
2. Dickinson V. Future Profitability and the Role of Firm Life Cycle. – 2006.
3. Grabowski H., Mueller D. Life-Cycle Effects on Corporate Returns on Retentions. // The Review of Economics and Statistics. – 1975. – Vol. 57. – No. 4. – R. 400-409.
4. Miller D., Friesen P.A. longitudinal Study of the Corporate Life Cycle // Management Science. – 1984. – No. 30 (10). – R. 1161-1183.
5. Adizes I. The life cycle of organizations. – 1998.
ECONOMY. RIGHT. SOCIETY
PYATAK Nikita Andreevich
postgraduate student of the RANEPA under the President of the Russian Federation
MODERN FORMS OF AIRPORT OWNERSHIP AND AIRPORT’S MANAGEMENT
Recently, the air transport industry has become the most attractive for the development of the state economy. Governments of various countries are trying to model the development of aviation activities by introducing various innovations and improving the city-forming aviation enterprises. This allows us to look at the Airport as a segment of economic profit. In the modern world, it is already difficult to imagine traveling by train or bus, more and more people are resorting to the choice of air transportation. This gives us a reason to analyze airport management models, their goals and objectives.
keywords. Airport, economy, aviation, management.
Reference bibliographic list
1. Handle with care – Europe’s airport ground handling business to be liberalized further. – [Electronic resource]. – Access mode: centreforaviation.com.
2. [Electronic resource]. – Access Mode: http://www.cityofchicago.org/content/dam/city/depts/doa/general/pdf/Public_Info/Airline_Agreements/ORD_Use_Agreement.pdf.
3. [Electronic resource]. – Access mode: ACRP report – Airport Cooperative Research Program, National Research Council (U.S.). Transportation Research Board, United States. Federal Aviation Administration – Google.
4. [Electronic resource]. – Mode of access: http://www.flyertalk.com/forum/hertz/441156-what-airport-concession-recovery.html.
5. Regulation, competition and network evolution in aviation (Gillen&Morrison). – [Electronic resource]. – Access mode: researchgate.net.
6. Airports Council International Europe. – [Electronic resource]. – Mode of access: aci-europe.org).
PHILOSOPHY. RIGHT. SOCIETY
VALEEV Ramis Sagitovich
magister student of the Faculty of Philosophy and Sociology of the Bashkir State University
MAYATSKAYA Olga Borisovna
Ph.D. in science philosophy, associate professorof the Faculty of Philosophy and Sociology of the Bashkir State University
FEATURES AND PROSPECTS OF RELATIONS OF THE STATE AND RELIGION
The article is dedicated to the study of the relationship between the state and religion in modern society; relations between the state and various religious confessions are studied, the basic concept of “freedom of conscience”, “secular state” is defined. In the article, the author shows that politics and religion in all aspects of their mutual influence and interaction are a dynamic process, since being multidimensional subsystems of society, they enter into relationships at various levels of culture, activity, mentality, institutional formations and other social manifestations; it is determined that the relationship between politics and religion is changeable both in time and in space: mankind knows examples that indicate a high degree of mutual influence of politics and religion, up to their merging, and there are also a sufficient number of examples that speak of a gap between politics and religion in public life.
Keywords: state, religion, politics, society, confession, state-confessional relations, freedom of conscience, secular state, clericalism, church.
Reference bibliographic list
1. Hegel G.-W.F. Philosophy of Religion: In 2 volumes. 2nd edition, corrected. – M.: Russian political encyclopedia, 2007. – T. 1. – 415 p.
2. Grigorenko A.Yu. State-Church Relations in Modern Russia and the Problem of Religious Freedom and Intolerance // Entering the Third Millennium: Religious Freedom in a Pluralistic Society. – M., 2000. – 314 p.
3. Buryanov S.A. Freedom of conscience in the Russian Federation. A specialized report for 2010 prepared with the assistance of the MHG and the Internet publication Portal-Credo. Ru". Part 1. [Electronic resource]. – Access mode: http://www.portal-credo.ru/site/?act=lib&id=291G.
4. Religious policy of the Russian state / Ed. M.O. Shakhov. – M., 2003. – 207 p.
5. Charter for European Security. Adopted by the OSCE on November 19, 1999. in Istanbul. [Electronic resource]. – Access mode: https://www.osce.org/files/f/documents/7/f/125811.pdf.
6. Resolution of the Parliamentary Assembly of the Council of Europe No. 1464 (2005) “Women and Religion in Europe” (adopted on 4.10.2005). [Electronic resource]. – Access mode: https://rusoir.ru/06articles/06articles-zakon/06articles-zakon-ww/06articles-zakon-ww-2/06articles-zakon-ww-2-1/06articles-zakon-ww-2-1-9/.
PHILOSOPHY. RIGHT. SOCIETY
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
GAYNULLIN Ruslan Anvarovich
Ph.D. in biological sciences, associate professor of the Bashkir State Medical University
THE PROBLEM OF EXISTENTIAL THREATS AND AXIOLOGICAL SECURITY OF MULTINATIONAL AND POLYCULTURAL RUSSIA
The article is dedicated to the study of the problems of ensuring the socio-economic, political, spiritual and cultural sovereignty of the country, the creation of prerequisites for spiritual security and integrity in a multi-ethnic and multi-cultural space. The authors consider the main existential threats affecting the axiological security of multinational and multicultural Russia and the role of traditional Russian spiritual and moral values in ensuring the ideological unity of the population and the cultural, spiritual and axiological sovereignty of ethnic groups. Keywords: spiritual and moral values, axiological security, value subjectivity of an ethnic group, existential threats, national policy, multicultural social environment.
Reference bibliographic list
1. The national composition of the population of Russia 1926-1989 [Electronic resource]. – Access mode: https:tonalli.livejournal.com/3517.html?ysclid=l2fm15s4tc.
2. Decree of the President of the Russian Federation of December 19, 2012 No. 1666 “On the Strategy of the State National Policy of the Russian Federation for the period until 2025” (As amended by Decree of the President of the Russian Federation of December 6, 2018 No. 703) // Official Internet Portal of Legal Information (pravo.gov.ru). [Electronic resource]. – Access mode: https://ips.pravo.gov.ru:8080/default.aspx?pn=0001201212190001.
3. Decree of the President of the Russian Federation of December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation”. [Electronic resource]. – Access mode: https://publication.pravo.gov.ru/Document/View/0001201512310038.
4. Draft Decree of the President of the Russian Federation "On Approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values". [Electronic resource]. – Access mode: https:// regulation.gov.ru/projects#npa=123967.
PHILOSOPHY. RIGHT. SOCIETY
VEZLOMTSEV Viktor Evgenjevich
Ph.D. in science philosophicals, associate professor of Philosophy and history sub-faculty of the Academy of the FPS of Russia
MAKAROVA Valentina Vladimirovna
Ph.D. in Law, lecturer of Philosophy and history sub-faculty of the Academy of the FPS of Russia
CORRUPTION, DEMOCRACY, ECONOMY AND ENVIRONMENTAL WELL-BEING
The paper analyzes the literature on the causes of depletion of natural resources, environmental pollution and the effectiveness of environmental policy. The study examines how corruption and the economy affect the effectiveness of environmental policy, and suggests finding a new ratio of these variables to harmonize environmental standards in the direction of improving the environment. Corruption and the economy are considered comprehensively as variables explaining the effectiveness of environmental policy. Corruption is singled out as a significant factor determining environmental policy, while democracy is seen as a factor that has little impact. The authors conclude that improving the quality of the environment as a result of increased incomes is less likely in developing countries with institutional disorder, and reducing corruption in these countries contributes to higher rates of economic growth and more effective environmental policies.
Keywords: democracy, economy, corruption, environmental policy, environment, environmental problems.
Reference bibliographic list
1. Pellegrini L. Corruption, Development and the Environment (Springer, 2011). R. 160.
2. Lambsdorff J. G. The institutional Economics of Corruption and Reform. Theory, Evidence, and Policy. Cambridge university press. 2007. R. 304.
3. Acemoglu D., & Verdier T. (2000). The choice between market failures and corruption // American Economic Review. No. 90 (1). Pp. 194-211. 4. Banerjee A.-V. (1997). A theory of misgovernance // Quarterly Journal of Economics. No. 112 (4). pp. 1289-1332.
5. Ehrlich P. R. The population bomb. New York: Ballantine Books, 1968, p. 228.
6 Hardin G. (1968). Tragedy of the commons // American Association for the Advancement of Science. No. 162 (3859). pp. 1243-1248.
7. Heilbroner R. L. An inquiry into the human prospect. New York: Norton, 1974. P. 150.
8. McCloskey H. J. (1983). Ecological ethics and politics. Totowa: Rowman and Littlefield, 1983, p. 167.
9. Payne R. A. (1995). Freedom and the environment // Journal of Democracy. No. 6 (3). pp. 41-55.
10. Aguilera-Klink F. & Sánchez-García J. (2005). Environmental degradation as a result of democratic disruption: The case of the Canary Islands // Proceedings of the 6th International Conference of the European Society for Ecological Economics. Lisbon. pp. 14-17.
11. McGuire M. C. & Olson M. (1996). The economics of autocracy and majority rule: The invisible hand and the use of force // Journal of Economic Literature. No. 34 (1). pp. 72-96.
12. Deacon R. Dictatorship, democracy, and the provision of public goods. University of California, Santa Barbara CA, USA. 2003. Pp. 1-58.
13. Torras M., & Boyce J. K. (1998). Income, inequality, and pollution: A reassessment of the environmental Kuznets Curve // Ecological Economics. No. 25(2). pp. 147-160.
14. Harbaugh W. T., Levinson A., & Wilson D. M. (2002). Reexamining the empirical evidence for an environmental Kuznets curve // Review of Economics and Statistics. No. 84(3). pp. 541-551.
15. Congleton R. D. (1992). Political-institutions and pollution-control // Review of Economics and Statistics. No. 74 (3). pp. 412-421.
16. Neumayer E. (2002). Do democracies exhibit stronger international environmental commitment? A cross-country analysis // Journal of Peace Research. No. 39 (2). pp. 139-164.
17. Fredriksson P. G., Neumayer E., Damania R., et al. (2005). Environmentalism, democracy, and pollution control // Journal of Environmental Economics and Management. No. 49 (2). pp. 343-365.
18. Dryzek J. S. Rational ecology: Environment and political economy. Oxford, OX, UK; New York, NY, USA : B. Blackwell. 1987. R. 270.
19. Callister D. J. Corrupt and illegal activities in the forestry sector: Current understandings, and implications for World Bank Forest Policy. Forest Policy Implementation Review and Strategy Development: Analytical Studies. Washington: World Bank. 1999. March 2001. P. 52.
20. Environmental Investigation Agency and Telapak. Above the law: Corruption, collusion, nepotism and the fate of Indonesia's forests. London: EIA and Telepak Indonesia. 2003. P. 38. 21. Environmental Investigation Agency and Telapak. Timber trafficking: Illegal logging in Indonesia, South East Asia and international consumption of illegally sourced timber. London: EIA Telapak. 2001. R. 34.
22 Robbins P. (2000). The rotten institution: Corruption in natural resource management // Political Geography. No. 19 (4). pp. 423-443.
23. Aguilera-Klink F. & Sánchez-García J. (2005). Environmental degradation as a result of democratic disruption: The case of the Canary Islands // Proceedings ofthe 6th International Conference of the European Society for Ecological Economics. Lisbon. pp. 14-17.
24. Lopez R., & Mitra S. (2000). Corruption, pollution, and the Kuznets Environment Curve // Journal of Environmental Economics and Management. No. 40. Pp. 137-150.
25. Damania R. (2002). Environmental controls with corrupt bureaucrats // Environment and Development Economics. No. 7. Pp. 407-427.
26. Welsch H. (2004). Corruption, growth, and the environment: A cross-country analysis // Environment and Development Economics. No. 9. Pp. 663-693.
27. Fredriksson P. G. & Svensson J. (2003). Political instability, corruption and policy formation: The case of environmental policy // Journal of Public Economics. No. 87 (7-8). pp. 1383-1405.
28. Wilson J. K., & Damania R. (2005). Corruption, political competition and environmental policy // Journal of Environmental Economics and Management. No. 49(3). pp. 516-535.
29 Treisman D. (2000). The causes of corruption: A cross-national study // Journal of Public Economics. No. 76 (3). pp. 399-457.
30. Ehrlich P. R. The population bomb. New York: Ballantine Books. 1968. R. 228.
31. Heilbroner R. L. An inquiry into the human prospect. New York: Norton, 1974. P. 150.
32. McCloskey, H. J. Ecological ethics and politics. Totowa: Rowman and Littlefield. 1983. R. 167.
33. Payne R. A. (1995). Freedom and the environment // Journal of Democracy. No. 6 (3). pp. 41-55.
34. Lopez R., & Mitra S. (2000). Corruption, pollution, and the Kuznets Environment Curve // Journal of Environmental Economics and Management, 40. Pp. 137-150.
35. Fredriksson P. G., &. Millimet D. L. (2001). Bureaucratic corruption and environmental policy: Theory and evidence from the United States // Journal of Public Economics 87 (2003). pp. 1407-1430.
36. Damania R., Fredriksson P. G., & List J. A. (2003). Trade liberalization, corruption, and environmental policy formation: Theory and evidence // Journal of Environmental Economics and Management. No. 46(3). pp. 490-512.
37. Putnam R. D. Making democracy work: Civic traditions in modern Italy. Princeton: Princeton University Press. 1993. R. 275.
38. Grossman G. M. & Krueger A. B. (1995). Economic-growth and the environment // Quarterly Journal of Economics. No. 110 (2). pp. 353-377.
39 Barro R. (1996). Democracy and growth // Journal of Economic Growth. No. 1 (1). pp. 1-27.
40 Mauro P. (1995). Corruption and growth // Quarterly Journal of Economics. No. 110 (3). pp. 681-712.
41 Mo P. H. (2001). Corruption and economic growth // Journal of Comparative Economics. No. 29 (1). pp. 66-79.
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
PHILOSOPHY IN ARCHITECTURE
The article is devoted to the problem of the relationship between philosophy and architecture, the role played by philosophical thinking in the development of the theory and practice of architecture. Particular attention is paid to the worldview as-pects of the architect’s work, the altruistic nature of his activity is emphasized, which requires an understanding of the needs and interests of the people for whom the projects are created. As a result of the study, it is concluded that architecture is a kind of visible manifestation of the worldview and philosophy of a certain era.
Keywords: philosophy, architecture, worldview, ontology, being, creativity, technology, aesthetics.
Reference bibliographic list
1. Architecture. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ 2. Gaidenko P. P. Being and mind // Questions of Philosophy. – 1997. – No. 7. [Electronic resource]. – Access mode: http://vphil.ru/index.php?option=com_content&task=view&id=167.
3. Hegel G.W.F. Encyclopedia of Philosophical Sciences. [Electronic resource]. – Access mode: https://philosophy.ru/upload/iblock/cbe/cbef5087e885826fe7f6f538013e2af6.pdf.
4. Rappoport A.G. Architecture and ontology. – 1985. [Electronic resource]. – Access Mode: https://papardes.blogspot.com/2011/11/1985.html.
5. Terekhova G.L. Philosophy of Architecture: Textbook. – Tambov: TSTU Publishing House, 2007. [Electronic resource]. – Access mode: http://books.totalarch.com/philosophy_architecture_terehova.
6. Tolochek V.A. Modern psychology of work. [Electronic resource]. – Access mode: http://ipkfp.nspu.ru/file.php/1/Tolochek_V.A._-_Sovremennaja_psikhologija_truda.pdf.
7. Philosophy of architecture – being in the system of space / Scientific articles. [Electronic resource]. – Access mode: http://filosofia.ru/70505 (date of access: 05/08/2022)
8. Harris K. Prehistory of the Philosophy of Architecture / Wikipedia. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (date of access: 05/08/2022)
9. Scheler M. New experience of philosophical anthropology. [Electronic resource]. – Access modepa: https://studopedia.net/9_10958_maks-sheler-noviy-opit-filosofskoy-antropologii.html.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Aleksandr Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Aleksey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
“THE VALIANT UKRAINIANS CONTINUE TO RETREAT BOLDLY, WHILE THE CRUEL AND GREEDY RUSSIANS COWARDLY ADVANCE”: THE DESTRUCTION OF NON-CLASSICAL COMMUNICATIVE REALITY AS A RESULT OF SWO
Informational postmodernity is a special communicative strategy that uses fictitious cultural objects, digitalization of anticity, surrogates, simulacra, fakes, chaos control, provocation, disunity, reactivity and emotionality of the consumer. The special military operation in Ukraine marked tectonic changes in politics, law, economics, military art, and social-communicative ontology. A special military operation in Ukraine is the abolition of the deconstruction of classical existence.
Keywords: deconstruction, CIPSO, virtualization, social construction, social engineering, memory politics, falsification, coding.
Reference bibliographic list
1. Panishchev A.L. Man and clan: from natural law to pride law // Fundamental research. – 2007. – No. 12. – S. 34.
2. Timoshchuk A.S. Putin's Russia as an emergent project // Uchenye zapiski: scientific and practical journal (VF RANEPA). – 2018. – No. 1 (25). – S. 78-81.
3. Mearsheimer J. Why the Ukraine Crisis Is the West's Fault. The Liberal Delusions That Provoked Putin // Foreign Affairs. – 2014. – N 5. – P. 1-10.
PHILOSOPHY. RIGHT. SOCIETY
MUKHTYAROVA Noriya Kharisovna
Ph.D. in science philosophicals, associate professor of Social and humanitarian disciplines sub-faculty of the Russian State Agrarian Correspondence University
SAVINA Viktoriya Vitaljevna
Ph.D. in sociological sciences, associate professor, Head of Social and humanitarian disciplines sub-faculty of the Russian State Agrarian Correspondence University
SHIPILOV Aleksandr Grigorjevich
Ph.D. in agricultural sciences, associate professor of Social and humanitarian disciplines sub-faculty of the Russian State Agrarian Correspondence University
PERSONAL RESOURCES OF CIVIC IDENTITY IN MODERN RUSSIA
The relevance of the work is that civil identity can be considered as one of the significant conditions for the formation and successful functioning of civil society. The use of its personal resources makes such functioning more or less effective, makes it possible to protect society as a system from entropic phenomena, from absorption by other states and cultures.
The purpose of the work is to identify the main personal resources of civic identity in Russia. In the course of the work, a systematic approach is used, which makes it possible to identify the content, as well as to form an idea of her various personal resources. The practical significance of the work lies in the possibility of using the results in various areas of the political reality of Russian society, as well as the identity policy of our state.
Keywords: civil identity, personality, personal resources, identity policy, civil society.
Reference bibliographic list
1. Bezgina N.V. Legal and civic identity in the structure of modern socialization // News of the Tula State University. Humanitarian sciences. – 2011. – No. 2. – S. 302-311.
2. Vodolazhskaya T. Civil identity // Educational policy. – 2010. – No. 5-6 (43-44). – S. 140–141.
3. Volosov M.E. Brief Legal Dictionary [Electronic resource] / Volosov M.E., Dodonov V.N., Panov V.P. – NITs INFRA-M, 2012. – 303 p.
4. Drobizheva L.M. Civil identity as a condition for the weakening of ethnic negativism // World of Russia. – 2017. – T. 26. – No. 1. – S. 7-31.
5. Erokhin V.S. Normative nature of civic identity // The Digital Scholar: Philosopher‘s Lab. – 2022. – No. 1. – S. 123-132.
6. Egorov I.V. Civil worldview of the individual: problem statement in the coordinates of personal maturity and prosocial activity // Pedagogy and psychology: a dialogue about education: materials of the VII Siberian Pedagogical Seminar. – Novosibirsk: Publishing house of NGPU, 2014. – S. 6-19.
7. Efimenko V.N. Structural components and content of the concept of "civil identity" // Theory and practice of social development. – 2013. – No. 11. – S. 250-254.
8. Kravchenko N.Yu. Civil identity as a condition for reducing the conflict potential of society // Izv. Sarat. university New ser. Ser. Sociology. Political science. – 2016. – T. 16. – Issue. 2. – S. 177-180.
9. Kravchenko N.Yu. Civil identity of modern Russia // Izv. Sarat. university New ser. Ser. Sociology. Political science. – 2016. – T. 16. – Issue. 1. – S. 5-8.
10. Monastyrsky D.V. Civil Identity: Theoretical Approaches to Research and Factors Forming It // Humanitarian of the South of Russia. – 2017. – Volume 23. – No. 1. – S. 181-188.
11. Fomin A.A., Simanina A.I. Social activity, civic identity and personal maturity as manifestations of the civic worldview of young people // Actual problems of psychological knowledge. – 2015. – No. 3 (36). – S. 123-135.
12. Shamionov R.M. The role of civic identity in the preferences of civil and political forms of social activity in Russian youth // Vestnik RUDN University. Series: Psychology and Pedagogy. – 2020. – Vol. 17. – No. 3. – S. 459-472.
PHILOSOPHY. RIGHT. SOCIETY
PARILOV Oleg Viktorovich
Ph.D. in science philosophicals, professor, professor of the Russian State University of Justice
SOBKO Ruslan Vasiljevich
Ph.D. in Philosophy, Associate Professor of the Nizhny Novgorod Theological Seminary
VOROKHOBOV Aleksandr Vladimirovich
magister student of the Nizhny Novgorod State Pedagogical University
SPIRIN Vasiliy Konstantinovich
magister of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
THE ROLE OF THE MASON S. E. DESNITSKY IN EDUCATION AND LIBERALIZATION OF THE RUSSIAN SOCIETY
The representative of the moderate-liberal wing of Russian Freemasonry S. E. Desnitsky played a big role in the enlightenment of Russia in the second half of the 18th century. Philosopher, jurist, conductor of the European culture of modern times, he at the same time advocated education in Russian. The scientist argued the idea of the rule of law, the rights of the individual. He has a materialistic view of world history, social progress. Being an apologist for absolute monarchy, S. E. Desnitsky, at the same time, affirmed the concept of separation of powers, advocated the mitigation of serfdom, the transparency of legal proceedings, the expansion of thelegislative powers of the senate, which meant limiting the power of the empress. The thinker's proposals for the liberalization of Russian society were ahead of their time.
Keywords: philosophy of S. E. Desnitsky, education, liberalism, rule of law, European education.
Reference bibliographic list
1. Pokrovsky S.P. Political and legal views of S. E. Desnitsky. – M.: Nauka, 1999. – 168 p.
2. Desnitsky S.E. A word about the direct and closest way to learning jurisprudence // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 188-236.
3. Parilov O.V. “Three conversations…” Vl. Solovyov and modern tolerant society // Solovyov Research. – 2010. – No. 3 (27). – S. 31-38.
4. Parilov O.V. Chiliastic motifs in the work of F. M. Dostoevsky, formed under the influence of the concept of the world theocracy of V. S. Solovyov // Soloviev Research. – 2013. – No. 2 (38). – S. 16-28.
5. Sobko R.V. The moral characterization of the concepts of "old" and "new" man in the work of St. Tikhon of Zadonsky / Sobko R.V., Yu.A. Gutorov, A.A. Peshkov [and others] // The phenomenon of holiness in the history of Russian civilization: a collection of articles based on the materials of the All-Russian scientific conference, Nizhny Novgorod, November 28-29, 2019. – Nizhny Novgorod, 2019. – S. 241-248. – EDN CMLJPN.
6. Desnitsky S.E. Legal reasoning about different concepts … // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 269-292.
7. Parilov O.V., Sobko R.V. The ideological continuity of V.S. Solovyov and Joachim Florsky // Soloviev Research. – 2011. – No. 2 (30). – S. 26-32.
8. Sobko R.V. Theology as a historiosophical scheme: reflections on the trinitarian concept of Joachim Florsky // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2011. – No. 2. – P. 110-115.
9. Desnitsky S.E. The idea of the establishment of legislative, judicial and punitive power in the Russian Empire // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 293-333.
10. Desnitsky S.E. Legal reasoning about the beginning and origin of marriage // Selected works of Russian thinkers of the second half of the 18th century. – M .: Gospolitizdat, 1952. – In 2 vols. T. I. – S. 258-268.
11. Sobko R.V. St. John of Kronstadt and Fr. Georgy Gapon as exponents of the religious and social ideal in Russia at the beginning of the 20th century // Proceedings of the Nizhny Novgorod Theological Seminary. – 2020. – No. 18. – P. 473-486. – EDN FRTEQU.
12. Sobko R.V. Social state: historical and theological retrospective // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – S. 308-311. – EDN WPWWUE.
13. Sobko L. Reformation of 1517 and Revolution of 1917: the problem of continuity // Proceedings of the Nizhny Novgorod Theological Seminary. – 2018. – No. 16. – P. 449-457. – EDN YQYBCP.
PHILOSOPHY. RIGHT. SOCIETY
SIRIN Sergey Anatoljevich
Ph.D. in science philosophy, associate professor of the Irkutsk State Medical University of the Ministry of Health of Russia
SOCIO-PHILOSOPHICAL REASONS FOR THE ORIGIN AND DEVELOPMENT OF LEGAL NIHILISM IN MODERN RUSSIA
The article analyzes the causes of the emergence of legal nihilism in modern Russia. The author explores the question of the relationship between the concepts of “reasons” and “sources” of legal nihilism. In addition, the article argues the author’s assertion that the causes of legal nihilism, namely some of them, can simultaneously be its negative consequences.
Taking into account the reasons for the emergence and spread of legal nihilism in Russia, the author, pointing out the objective impossibility of identifying an exhaustive specification of the causes of legal nihilism, pays attention to such issues as the economic stratification of society, the corruption of power structures, the peculiarities of Russian legislation, the morality and fairness of the law, the influence of the media on people's ideas about law, the lack of a consolidating state-legal ideology.
Keywords: legal nihilism, philosophy, Russia, nihilists, politics.
Reference bibliographic list
1. Aleksandrov A.I. The philosophy of evil and the philosophy of crime. – St. Petersburg, 2013.
2. Balakin A.V. Legal nihilism in modern Russia // Young scientist. – 2018. – No. 6 (192). – S. 122-123. – [Electronic resource]. – Access mode: https://moluch.ru/archive/192/48346/ (date of access: 02/20/2022).
3. Bastrykin A.I. Theory of Government and Rights. – St. Petersburg, 2005. 4. Varlamova N.A. Legal nihilism: the past, present and future of Russia // Open Society: Information and Analytical Bulletin. – 2002. – No. 1 (12). – P. 12.
5. Herzen A.I. Sobr. cit.: in 30 volumes. – T. 7. – M., 1956.
6. Stepin V.S. The value of law and the problems of the formation of a legal society in Russia // Philosophy of law at the beginning of the XXI century through the prism of constitutionalism and constitutional economics. Edition of the Moscow-Petersburg Philosophical Conferencebast. – M., 2010. – S. 22.
7. Theory of State and Law / Ed. M.N. Marchenko. – M., 2009 (the author of the chapter is V.D. Popkov).
8. Tumanov V.A. On Legal Nihilism // Soviet State and Law. – 1989. – No. 10. – P. 25.
9. Furgal's victory in the election of the governor of the Khabarovsk Territory was attributed to Ishaev. – [Electronic resource]. – Access mode: https://news.rambler.ru/other/40944779-pobedu-furgala-na-vyborah-gubernatora-khabarovskogo-kraya-pripisali-ishaevu/.
PHILOSOPHY. RIGHT. SOCIETY
SOLOVIEVA Angelica Vladimirovna
Candidate of Pedagogical Sciences, Associate Professor of the Department of Humanitarian and Socio-Economic Disciplines of the Rostov Branch of the Russian State University of Justice
TECHNOLOGIES OF PATRIOTIC EDUCATION OF FUTURE LAWYERS IN MODERN CONDITIONS
This article discusses the problems of patriotic education of future lawyers, taking into account the challenges of modern realities. Based on the generalization of innovative experience in the field of educational work, the most promising and effective technologies adapted to higher education and aimed at the formation of patriotic consciousness and readiness to perform civic and professional duty have been identified.
Key words: patriotic education, innovative pedagogical technologies, civic consciousness, variability of pedagogical forms and methods.
SOLOVJEVA Anzhelika Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Humanities and socio-economic disciplines sub-faculty of the Rostov branch of the Russian State University of Justice
TECHNOLOGIES OF PATRIOTIC EDUCATION OF FUTURE LAWYERS IN MODERN CONDITIONS
This article discusses the problems of patriotic education of future lawyers, taking into account the challenges of modern realities. Based on the generalization of innovative experience in the field of educational work, the most promising and effective technologies adapted to higher education and aimed at the formation of patriotic consciousness and readiness to perform civic and professional duty have been identified.
Keywords: patriotic education, innovative pedagogical technologies, civic consciousness, variability of pedagogical forms and methods.
Reference bibliographic list
1. Strategy for the development of education in the Russian Federation for the period up to 2025, approved by the Decree of the Government of the Russian Federation dated May 29, 2015 No. 996-r.
2. Strategy of the state cultural policy for the period up to 2030, approved by the Decree of the Government of the Russian Federation of February 29, 2016 No. 326-r.
3. Bocharov T., Dmitrieva A. Legal education in Russia and abroad: between university, profession, state and market. – Moscow: Norma, 2021. – 232 p. — DOI 10.12737/1816213.
4. Kapinus O.S. The Importance of Moral Values in the Training System for the Prosecutor's Office // Legal and Spiritual Education in the System of Youth Education: Collection of Articles Based on the Materials of the Scientific and Practical Conference (Moscow, January 24, 2019) / Ed. N.V. Subanova, K.A. Komogortseva; University of the Prosecutor's Office of the Russian Federation; Moscow Finance and Law University MFYuA. – M.: MFYuA, 2019. – 280 p.
5. Malko A.V., Salomatin A.Yu. Legal education in a globalizing society // News of higher educational institutions. Jurisprudence. – 2017. – No. 5. – P. 16-31.
PHILOSOPHY. RIGHT. SOCIETY
KHAMIDULIN Artem Maratovich
Ph.D.in philosophical sciences, Ph.D. in Theology, senior lecturer of Philosophy and theology of the Kozma Minin Nizhny Novgorod Pedagogical University, associate professor of Humanities and socio-economic disciplines sub-faculty of the Russian State University of Justice
PHILOSOPHICAL AND THEOLOGICAL ANALYSIS OF THE FOUNDATIONS OF RELIGIOUS ART (ON THE EXAMPLE OF THE CHRISTIAN TRADITION)
The article deals with the phenomenon of religious art, specifically confessional art, which has a cult significance. The subject of the research is Christian religious art. Classification options are proposed, according to which church art gravitates towards service or mixed arts. The specific features of religious art are noted, in which the epistemological and praxeological dimensions are distinguished. The categories of “aesthetic maximalism” and “aesthetic minimalism” are conceptualized, the theological validity of these positions is revealed. Christian art is considered through the problem of beauty as one of the criteria of truth. Criteria for the existence of artistic expressiveness in the religious tradition are singled out. The research methodology is based on the philosophical and theological analysis of culture. The novelty of the study lies in the consideration of the fundamental epistemological foundations of Christian religious art. Religious art is interpreted as expressing the idea of transcendental reality through the transformation of the surrounding reality (creative act). Traditional church criteria for the admissibility of aesthetic images (canons) are comprehended through the theory of knowledge. It is determined that the religious image of the spiritual reality forms a certain cultural and aesthetic style, which finds its material embodiment in the works of religious (ecclesiastical) art. The conclusion is made about the cognitive and practical basis of religious art, that the functional goal of religious art is to provide a person with the opportunity to experience the sacred through familiarization with the aesthetic object.
Keywords: religious art, church art, religious culture, confessional art, cult, epistemology, praxeology, philosophy, canon, apophaticism, mysticism, truth, practice.
Reference bibliographic list
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2 Hazelton, Roger. A Theological Approach to Art. – Nashville, Tenn., 1967.
3. Jonas, Silvia. Ineffability and its Metaphysics: The Unspeakable in Art, Religion, and Philosophy. – New York, 2016.
4. Pattison, George. Art, Modernity, and Faith: Towards a Theology of Art. – New York, 1991.
5. Balthazar G.U. background. Theology and Aesthetics // Theology of Beauty / Ed. Alexei Bodrov and Mikhail Tolstoluzhenko (Modern Theology series). – M.: BBI Publishing House, 2013.
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8. Bychkov V.V. Aesthetic essence of art // Landmarks… Vol. 2. – M.: IF RAN, 2003.
9. Golovushkin D.A., Gumarova I.R. Pushing or narrowing the boundaries of “permissible”. On the problem of defining the concept of “religious art” // Man and Culture. – 2020. – No. 5. DOI: 10.25136/2409-8744.2020.5.31638. – [Electronic resource]. – access mode: https://nbpublish.com'llbrary_read_article.php?id=31638 (date of access: 05/29/2022).
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12. Kolomiets G.G., Lyashenko P.V. From Russian Theurgic Aesthetics to Utopian Theurgy of Beauty and Art in the Philosophy of the Russian Diaspora // Bulletin of the Peoples' Friendship University of Russia. Series: Philosophy. – 2022. – No. 26 (1).
13. Losev A.F. On the concept of the artistic canon // The problem of the canon in the ancient and medieval art of Asia and Africa: a collection of articles. – M., 1973.
14. Lyutaeva M.S. The concept of "religious art" from the point of view of the theory of communication systems by Niklas Luhmann L.N. Tolstoy. – No. 3 (39), October 2021
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PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
BODYAG Marina Germanovna
Ph.D. in historical sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
SOCIO-PHILOSOPHICAL INTERPRETATION OF “CONDITIONALITY” AS A UNIVERSAL CATEGORY
The subject of the study of this article is the concept of “conditionality” which is considered from the position of determining its function in modern society. The main objective of the study is to prove the status of conditionality as a universal category. In the course of the research special attention is paid to the formulation of the conditionality definition which is derived by analyzing the definitions existing in various scientific disciplines and stating the main signs of conditionality as well as the conditions of its functioning. A comparative analysis of conditionality and relativity as universal categories becomes significant for the study in which absolute world values are chosen as a starting point. The novelty of the research lies in clarifying the vagueness and ambiguity of the conditionality concept as well as in eliminating the uncertainty of the scientific status of this phenomenon. It is revealed that conditionality is characterized by the limitation of the recreated content and by agreement accepted as absolute information. As a cognitive unit it indicates the distance between reality and reflection in individual or collective consciousness, the understanding of the existence can be considered as a sign of an adequate perception of the surrounding world. The main basis for defining conditionality as a universal category is its ability to reflect the laws of society and thinking.
Keywords: conditionality, relativity, category, absolute values, visibility, social laws, image, modality of conditionality, actual reality, illusory reality.
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PHILOSOPHY. RIGHT. SOCIETY
YAKIMOV Roman Vasiljevich
student of the National Research Tomsk State University
THE DEVELOPMENT OF THE IDEAS OF HUMAN-CENTRISM IN THE MIDDLE AGES AND THE RENAISSANCE
This article is dedicated to the development of the ideas of human-centrism. Anthropocentrism, which originated in Antiquity as a concept that elevates a person to the central position of one or another value model, underwent serious changes in the Middle Ages, which was motivated by the serious penetration of religion and the Church into all spheres of human life . Anthropocentrism of the medieval persuasion considered man as a creature created by God in “his own image and likeness”, man did not lose his central position, but his actions were motivated by “Divine will” and “prescription”. The Renaissance, which replaced the Middle Ages, was characterized by a decline in church influence and an anti-scholastic attitude. Philosophical thought turned to the canons of ancient philosophy, there was a belief in the potential of man. The philosophy of the Renaissance was not a “look back” or a return to the original concepts, antiquity and the Middle Ages began to intertwine in it, which created a fundamentally new worldview system. Anthropocentrism in the Renaissance is characterized by a symbiosis of ancient anthropocentrism and a monotheistic worldview.
Keywords: human-centrism, anthropocentrism, state, society, man, middle ages, revival.
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INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
5,052 ВСЕГО, 5 СЕГОДНЯ