CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №6(169)2022
PERSONA GRATA
Yu. Ostapovich:
Features of constitutionalism of the Republic of Kazakhstan and entry into the period of the second republic
Interview with Igor Yurjevich Ostapovich, Ph.D. in Law, professor of Constitutional law sub-faculty of the V. F. Yakovlev Ural State Law University.
INTERNATIONAL LAW
Vaskina A. A., Monakhov G. D., Titenko Yu. E.
Rules based international order and Chinese conception of foreign affairs as an effect of international law transformation
Zinchenko O. I.
Disputes concerning armed conflicts: jurisdictional approaches of the International Court of justice
Rastrelin V.E.
On the issue of foundation of International Organization for Migration (IOM)
Talimonchik V. P.
The significance of lex electronica for the international legal regulation of artificial intelligence
Trunov I. L.
US and European Union sanctions from the position of the rule of law
Ladutko K. F.
Implementation of the principle of distinction between combatants and civilians in contemporary armed conflicts
INTERNATIONAL PRIVATE LAW
Abukarova M. U.
Marriage and family relations as one of the urgent problems in private international law
Zaripova K. A.
Russian approach towards the proper law of the arbitration agreement
Kondrashov S. V., Ivliev P. V.
Some issues of determining the subject of legal regulation of private international law
Yang H.
The overriding mandatory provisions in the international private law of the People’s Republic of China
Monakhov H. D., Primak V. V., Kolesnikova E. S.
African Continental Free Trade Area as a new model of economic integration in Africa
Yajun Cao
The prudent investment duties of fund managers in China’s public offering REITs in the field of infrastructure
EUROPEAN LAW
Giris V. A.
Formation and development of legal regulation of the European Union activities in the field of cybersecurity
THEORY OF STATE AND LAW
Atmachev S. I.
On the question of forms of restriction of human and civil rights and freedoms
Karev D. A., Cherevichenko T. S.
History, methodology and prospects of development of legal science
Kasimov T. S., Iskhakov I. I., Asylbaeva P. A
On the issue of state ideology in modern Russia
Ganieva D. Z.
Transformation of mechanisms of legal education and implementation of law in a digital society
HISTORY OF STATE AND LAW
Butakova N. A., Evgrafova I. V., Tarasov A. S., Chepel A. I.
Evolution of organizational and legal counteraction to piracy at sea
Sanguliya A. D.
On the problem of typological characteristics of the legal understanding of Mikhail Nikolaevich Kapustin
CONSTITUTIONAL LAW
Vorontsova M. A.
Reproductive human rights and their constitutional and legal nature
Gripp E. H., Grishchenko T. A., Yakhina Y. H.
Correlation between international and national law (constitutional and legal analysis of Article 79 of the Constitution of the Russian Federation)
Kurbatova G. V., Ananyeva E. O.
The practice of organizing and holding elections in modern Russia
Orlova D. S., Shastina A. R.
Electronic remote voting in elections: Russian experience
Rizaeva A. N., Denikaeva S. E.
Municipal service and municipal employees in the Russian Federation and in foreign countries
Zlobina E. A.
Effectiveness of the judiciary
Terentjev A. S., Kurbatova G. V.
Law-making activities of the UN as a basis for the protection of human rights and freedoms in the modern world
ADMINISTRATIVE LAW
Bakulina I. P.
Problems of legal regulation of interaction between state authorities and local self-government in ensuring biological safety at the regional level
Istratenkov A. Yu.
The Government of the Russian Federation as a subject of administrative law and its administrative and legal status
Kulakov N. A., Pauk N. N., Usmanova D. R.
Administrative and legal status of the notary: content and some problems of legislative regulation
Vislogubova O. I.
The emergence of new categories of road users: history, stages, prospects
Yavnaya T. A., Pshibylskiy D. Yu.
Loss of cultural heritage objects: from legal conflicts to conservation methods
MUNICIPAL LAW
Andryukhina I. Yu., Pekhova L .S., Anokhina V. S.
Improvement of personnel technologies in personnel management of representative bodies of local self-government
Mirzaev M. A.
Personnel potential of the municipal service: recruitment and placement of personnel
Omran Bashar
Mechanisms of formation of local administration bodies in the Syrian Arab Republic
Andryukhina I. Yu., Pekhova L. S., Tikhomirova E. N.
Competence assessment in the system of state civil and municipal service
CIVIL LAW
Avakyan A. M., Rogalskaya D. S.
Сertain issues of legal regulation of mortgage insurance in the Russian Federation
Ananjeva E. O., Ivliev P. V.
The right of a citizen to burial and protection of burial sites
Aksenov A. V.
The concept of a smart contract in the law of Russia, Belarus, the EU and the USA
Dashin A. V., Semenova A. A.
Recovery of the amount of administrative fine as compensation for damages
Komarevtseva I. А., Tagantseva V. S.
The system of principles of Russian inheritance law: development trends
Lukmanova I. N.
Peculiarities of inheritance intellectual rights in the Russian Federation
Maksimova E. V., Ovchinnikova E. O.
Problems of concluding a heat supply contract
Manukyan A. R.
Policy of the Russian Federation in the field of migration
Petrov N. V.
The problem of determining the status of the state in civil legal relations on agricultural insurance
Ryzhenkov A. Ya., Tsuglaeva N. V.
On new economic and legal concepts of waste management in the context of Russia’s transition to a “green” economy
Tkacheva M. A.
On the correlation of civil coercion with the protection of the right and legal responsibility
Smirnova T. V.
Notarial certification of real estate transactions in the Russian Federation
Yusupova Z. F.
Testamentary refusal in inheritance law: problems of application
Kostin A. V.
In the issue of the legal nature of a smart-contract
Mayorova L. G.
Formation and development of the institution of civil liability for breach of obligations in domestic civil law
Gileva N. S.
Some problematic issues of application of the license agreement
Kalashnikov S. S., Tsedrik V. A., Baryshnikov Y. V.
Modern doctrinal, legal and ethical problems in the development and application of robotic technologies and artificial intelligence systems
Kondrashov A. S.
Problems of the management bodies of a joint-stock company for the illegal conclusion and execution of a major closure and closure with interest
Olovyannikova A. S., Raevskaya V. A., Klevtsov M. I.
Some problems of establishing the actual boundaries of the land plot and eliminating registry errors
Tsedrik V. A., Baryshnikov Yu. V., Kalashnikov S. S.
Legal features of the management of apartment buildings: domestic and foreign experience
Marakhovskaya K. G., Karpets S. I., Ermolenko K. I.
Features of the development of the Russia-ASEAN format
CIVIL PROCESS
Vaskina A. A., Kolesnikova E. S., Gaevaya A. A.
Problems of determining the accessibility of justice in civil proceedings
Fedchenko Yu. V.
Implementation of the leading role of the court and the principle of concentration of the process as components of the concept of social civil procedure (on the example of England, Germany and France)
LAND LAW
Olovyannikova A. S., Raevskaya V. A., Klevtsov M. I.
Historical and legal aspect of the use of custom as a regulator of land relations
ENTREPRENEURIAL LAW
Ananjev O. G., Kurbatova G. V.
To the question of the development of entrepreneurship in Russia
Kot M. K., Baryshova Yu. P.
Problems of law enforcement practice in the field of internal financial control in the field of entrepreneurial activity
Dashin A. V., Melnik A. V.
Self-protection as a way to protect the rights of business entities
Deltsova N. V., Kavkaeva Yu. A.
The claim procedure for the settlement of business disputes: certain aspects of law enforcement
Zubkova M. N., Brodetskaya M. A.
Measures of influence on subsoil users in case of violation of deadlines for geological exploration of the subsoil
Lukin G. A., Tokmakov M. A.
Formal and Informal Business Associations
Kot M. K.
Legal regulation of trade under the legislation of the Russian Empire in the first third of the 19th century
LABOUR LAW
Rakitina E. V., Chunmei Ya.
Directions for improving the institution of the prohibition of competition in the labor law of China
FINANCIAL LAW
Garipova E. K.
On the question of the concept of the financial and legal mechanism of municipalities
Evsikova E. V., Buts S. B.
Some aspects of improving the legal regulation of digital financial assets
Kuzmicheva Yu. V., Tokmakov M. A.
Peculiarities of licensing the banking activities of credit institutions with foreign investments
Litsenberg I. I.
The Central Bank of Russia as a banking supervision body
Sorokvashina Yu. S., Androsova A. O.
World experience in implementing the strategy green finance
TAX LAW
Dibirov Yu. S., Gapaev I. G.
Forms and methods of organization of control work of tax authorities
Dreval L. N., Polyakova S. A.
On principles in Russian tax law
BUDGET LAW
Gazizov T. I.
Social guarantees in the field of medical support, sanatorium and resort treatment for employees of the internal affairs bodies of the Russian Federation
ECOLOGICAL LAW
Fetisova A. M.
Fishing conservation areas: changes as a result of administrative reform of control, supervision and permitting activity
Androsova A. O
Problems of environmental management in the Russian Federation and ways to overcome them
TRANSPORT LAW
Beburiya D. B.
To the question of the legal aspects of digitalization in the logistics and transport industry in modern conditions
CRIMINAL LAW
Asmandiyarova N. R.
Abuse of office (Article 285 of the Criminal Code of the Russian Federation) and abuse of office (Article 286 of the Criminal Code of the Russian Federation) as crimes against state power, the interests of the state and municipal service: their features and differences
Badamshin I. D., Kosinov V. V., Kuliev I. B.
Violence in the family: to the question of its interpretation
Gadzhieva P. D., Ibragimov M. A., Rajabova R.V.
Features of correctional and educational impact on juvenile offenders in conditions of penitentiary institutions
Evseev I. V., Shulga R. Yu.
Problems of countering the occurrence and distribution of extremism in the institutions of the criminal enforcement system of the Russian Federation
Komarova L. V.
Problematic issues of sentencing for environmental crimes: law and judicial practice
Kilimbaev R. V.
«Wrongfulness» as a sign of an unfinished crime
Magomedov H. B., Tailova A. G., Ibragimov I. G.
Peculiarities of the application of corrective measures of a medical nature in the Netherlands
Peyzak A. V.
Education as an element of the social adaptation of convicts in continental Europe
Rastoropov S. V., Vasilchenko K. V.
On the issue of criminal law protection of the foundations of the constitutional system of the Russian Federation from undesirable activities of foreign and international non-governmental organizations
Stupina S. A.
The importance of rethinking and improving the criminal legal means of protecting traditional sexual relations
Fetishcheva L. M., Sokolskikh I. I.
The main elements of the concept of guilt in the criminal legislation of the Russian Federation
Zakharov I. S.
Some issues of qualification of crimes provided for in Article 273 of the Criminal Code of the Russian Federation
Peyzak A. V.
Criminal analysis of fraud under article 640 of the Italian Penal Code
Rastoropov S. V., Gorshkova N. A.
Features of judicial penalization of crimes against freedom, honor and dignity of the individual
Prozumentov A. A.
Variety of subjects of land crimes
CRIMINAL PROCESS
Belyaev M. A.
Pre-trial cooperation agreement: transaction without guarantees
Kalamov Zh. S.
The problem of application of electronic evidence in the criminal proceedings of the Russian Federation and countries with continental system law
Kaaz M. E., Isaeva R. M.
To the question of the concept and essence of the interaction of investigative bodies with the court at the stage of investigation
Klimovskiy A. S., Yuzvak S. A.
Some features of the tactics of the investigative experiment involving the minors
Nazarkin E. V., Suleymanov T. A., Danilova I. Y., Zharko N. V.
Features of the preparation and conduct of an investigative experiment during the investigation of the disorganization of the activities of institutions providing isolation from society
Muradov S. G.
Problems of judicial fines in criminal proceedings
Lebedev I. V.
Nullification of the criminal law as a basis for revising the verdict of a jury in the Russian Federation
Sokolov Yu. N.
The nature of criminally significant information
CRIMINAL-EXECUTIVE LAW
Kashirgov A. Kh.
The main problems of administrative proceedings on administrative supervision of persons released from places of deprivation of liberty
Mikhaylov V. S.
The influence of the ethnicity of convicts to a criminal community as a source of extremism in correctional facilities
Mikheeva S. V., Isaeva M. A.
Features of the responsibility of convicts during the period of serving a sentence for causing damage to the institution
Prokhorova M. V.
Characteristics of convicts serving sentences in educational colonies (based on the results of research in 2010-2022)
Suleymanov T. A., Nazarkin E. V., Danilova I. Yu., Zharko N. V.
The competence of the prosecutor to ensure the rule of law in the activities of institutions and bodies of the criminal justice system
JUDICIARY
Abbasov N. I.
Directions for improving the efficiency of expert activities and its impact on the development of forensic expertise
Redkina E. N., Holodnaya M. Ya.
Organizational and administrative documents of the court: concept, purpose, proposals for improving the design
CRIMINALISTICS
Gumenchuk O. O., Kasyanova A. O.
Analysis of modern expert research and the possibility of using non-traditional methods of collecting information in the process of investigating crimes
Dudin N. S.
The mechanism of committing cattle thefts committed by organized groups
Nikolaev N. Yu., Berdnikov G. A., Zabolotnykh A. A.
Some issues of investigative actions and general rules of their proceeding
Safonov D. A.
The main problematic issues of the investigation of crimes related to the repeated violation of the established procedure for organizing or holding a meeting, rally, demonstration, procession or picketing
Safonov A. A., Zavyalova A. A.
Psychological peculiarities of the interrogation of the victime and witness
CRIMINOLOGY
Abdulmuslimova L. H.
Latency of crime and victimization
Artemjeva E. V.
Problems of the international search for persons who have committed crimes
Ishchenko E. P., Sochivko O. I., Plotkin D. M.
On counteracting crimes of extremist orientation in Russia
Falkina T. Yu., Alimpiev S. A.
The fight against unemployment as a factor in preventing the involvement of minors in anti-social actions
Litvinov R. V., Dmitryachkova A. A.
Criminological aspects of the involvement of minors in the commission of terrorist crimes
Nechevin I.D.
Reasons and conditions for the prevention of juvenile drug crime: theoretical social problems
LAW ENFORCEMENT AGENCIES
Bogdanov A. V., Tsepelev A. N.
The concept, shaps and role of delegation of authority of the head of the internal affairs body in the organization of management activities
Gabdullin T. R., Pestov R. A., Kuznetsova K. A.
Analysis of social guarantees of employees of internal affairs bodies in the context of preserving the personnel core of the service of district police commissioners
Zhamborov A. A.
The role of shooting exercises with physical and psychological stress in modern fire training of an IAB officer
Kodzokova L. A., Kumysheva M. K.
Special theoretical knowledge and practical skills of employees law enforcement agencies when using a vehicle to transport and (or) accompany a protected person
Manukyan A. R.
Internal affairs bodies as part of the system of executive authorities
Martynov V. A.
Management decision in the internal affairs bodies as a system
Osipov D. D
Prospects for the development of private detective activities in the russian federation
Shulgin A. A.
The activities of local police commissioners in resolving family and domestic conflicts
Bogdanov A. V., Danshin D. L.
General characteristics of the forms and methods of management used in the territorial bodies of internal affairs of the Russian Federation at the present stage
SECURITY AND LAW
Agumava A. A., Mukhtarov D. J.
On ways to counter organized crime at the present stage
Bitov A. A., Zhukov A. Z.
Ensuring information security in the financial sector of the russian federation: problems and countermeasures strategy
Gutaev A. M., Krivitskiy D. E.
Problems of legal regulation of arms trafficking in Russia
Galyautdinov R. F., Nasyrov R. R.
New schemes of cyber fraud
Karchaeva K. A.
Problematic aspects of countering extremist crimes
Kashirgov A. Kh., Gutaev A. M.
The fight against corruption as the main condition of national security
Taova L. Yu., Ardavov M. M.
Measures to prevent and combat manifestations of extremism and terrorism in educational institutions
Urusov Z. Kh.
On the issue of countering extremism at the present stage
Kodzokova L. A., Kumysheva M. K.
Features of administrative and legal regulation of relations arising from the introduction of a state of emergency in the Russian Federation
HUMAN RIGHTS
Klinchuk S. V., Benedishin B. A.
Certain aspects of the investigation of fraud committed in order to receive social benefits
Kharlampjeva N. K., Ermolina M. A.
Political and legal principles of preserving cultural heritage in the methodology of studying the Arctic
PEDAGOGY AND LAW
Ashkhotova L. A., Bondar A. G.
Technology for improving the communicative mobility of DIA employees in additional professional education
Kubeev A. Zh., Yakushev E. V.
Problems of providing security measures for physical training classes by employees of internal affairs bodies
Minyasheva G. I.
The use of information and communication technologies in the educational process
Noskov O. S., Nikolaev N. Yu.
Methods of psychological influence during training sessions on fire training with cadets (trainees) of educational organizations of the ministry of internal affairs of Russia
Yakushev V. A., Zhamborov A. A., Rashidov M. M.
Рroblems of organization of professional training of young employees of internal affairs bodies at the stage of referral to the educational organization of the ministry of internal affairs of Russia
PSYCHOLOGY AND LAW
Gainullina A. V.
The content of the control and supervisory activities of the internal affairs bodies in the field of migration
Kochkina O. V., Marchuk O. A.
Stressful factors in the professional activity of employees of the penal system of the Russian Federation
MEDICAL LAW
Gorovenko S. V.
Sanitary and epidemiological audit: international experience and Russian legislation
SOCIOLOGY AND LAW
Dautova T. A., Gallyamova A. F.
«Social contract» as a new method of combating poverty in the Republic of Bashkortostan
Fastova M. A., Mityachkina E. S., Khachirov A. V.
Theoretical and legal aspect of mediation from the position of the institutional approach
LANGUAGE AND LAW
Ilyasova D. F., Knyazev D. A., Aminov Sh. R., Latypova E. R.
Innovative technologies of teaching a foreign language in educational institutions
ECONOMY. LAW. SOCIETY
Zashchitina E. K., Evchenko N. N.
The role of education and innovation in increasing the country’s competitiveness on the world stage
Kulikovskiy A. P., Poltorykhina S. V., Sivtsova I. S., Khapilina S. I.
Modern problems of the functioning of regional innovation subsystems (on the example of an agrarian region)
Marchenkova L. M., Skvortsova N. A., Makarova T. N.
Legal regulation of tourist activities in Russia
Pavlov P. V., Karagodin A. V.
Ways of digital transformation of the banking system in the context of global challenges
Rudneva Yu. R., Stotskaya A.O.
Analytical tools for managing a portfolio of financial investments
Sakova M. S., Garifullin B. A., Bolgova V. S., Kuznetsova E. V.
Study of dynamics and factors of price growth for new buildings of the Russian Federation
Zaynigabdinova G.F., Yurasova V.D., Bolgova V.S., Kuznetsova E.V.
Feasibility study of ventilation equipment for low-rise residential buildings
Kizko I. P.
Delisting factors for public companies: Russian specific
Rudneva Yu. R., Khamatov A. R.
Construction of a financial and economic model of the efficiency of a hydrotreating plant
Ji Hao
On some relevant problems of the modern theory of currency competition
PHILOSOPHY. LAW. SOCIETY
Burkin D. O.
Diversification of the problem of normative legitimation of power in the context of informatization and digitalization
Gofman A. A., Timoschuk A. S.
Case “Taira” as a cognitive and communicative problem
Zolotarev S. P., Shmatko O. N.
Legal value: its place and role in modern society
Zubkov S. A., Zubkov E. S.
Ecophilic philosophy and sacredness of music
Kozlov V. I.
possible challenges and threats to the implementation of the concept of the digital future of “Society 5.0”
Sharipov A. R., Khasanova A. G.
To the problem of national identity in the aspect of globalization and localization of the modern world order
Sheina A. Yu., Rassolova I. Yu., Shumilov N. S.
Interpretation of theory U in modern realities
Atik A. A., Chudina-Schmidt N. V.
“Color revolutions” as a mechanism of extremality transformation of the political system of the state
Belyakov. N. S.
The crisis of modern scientific cognition: quasi-science and belief in it
Bakhtieva L. I.
On the problem of transforming the value system of a subject of social relations in a risk society
Davletshina N. I., Yagudin F. T.
To the problem of correlation of cognitive distortions and behavioral scenarios of the subject
REVIEW
Konev V. V., Murzakulov S. V.
Lifelong education for the sustainable development of the modern world
Yu. Ostapovich:
Features of constitutionalism of the Republic of Kazakhstan and entry into the period of the second republic
Interview with Igor Yurjevich Ostapovich, Ph.D. in Law, professor of Constitutional law sub-faculty of the V. F. Yakovlev Ural State Law University.
INTERNATIONAL LAW
Vaskina A. A., Monakhov G. D., Titenko Yu. E.
Rules based international order and Chinese conception of foreign affairs as an effect of international law transformation
Zinchenko O. I.
Disputes concerning armed conflicts: jurisdictional approaches of the International Court of justice
Rastrelin V.E.
On the issue of foundation of International Organization for Migration (IOM)
Talimonchik V. P.
The significance of lex electronica for the international legal regulation of artificial intelligence
Trunov I. L.
US and European Union sanctions from the position of the rule of law
Ladutko K. F.
Implementation of the principle of distinction between combatants and civilians in contemporary armed conflicts
INTERNATIONAL PRIVATE LAW
Abukarova M. U.
Marriage and family relations as one of the urgent problems in private international law
Zaripova K. A.
Russian approach towards the proper law of the arbitration agreement
Kondrashov S. V., Ivliev P. V.
Some issues of determining the subject of legal regulation of private international law
Yang H.
The overriding mandatory provisions in the international private law of the People’s Republic of China
Monakhov H. D., Primak V. V., Kolesnikova E. S.
African Continental Free Trade Area as a new model of economic integration in Africa
Yajun Cao
The prudent investment duties of fund managers in China’s public offering REITs in the field of infrastructure
EUROPEAN LAW
Giris V. A.
Formation and development of legal regulation of the European Union activities in the field of cybersecurity
THEORY OF STATE AND LAW
Atmachev S. I.
On the question of forms of restriction of human and civil rights and freedoms
Karev D. A., Cherevichenko T. S.
History, methodology and prospects of development of legal science
Kasimov T. S., Iskhakov I. I., Asylbaeva P. A
On the issue of state ideology in modern Russia
Ganieva D. Z.
Transformation of mechanisms of legal education and implementation of law in a digital society
HISTORY OF STATE AND LAW
Butakova N. A., Evgrafova I. V., Tarasov A. S., Chepel A. I.
Evolution of organizational and legal counteraction to piracy at sea
Sanguliya A. D.
On the problem of typological characteristics of the legal understanding of Mikhail Nikolaevich Kapustin
CONSTITUTIONAL LAW
Vorontsova M. A.
Reproductive human rights and their constitutional and legal nature
Gripp E. H., Grishchenko T. A., Yakhina Y. H.
Correlation between international and national law (constitutional and legal analysis of Article 79 of the Constitution of the Russian Federation)
Kurbatova G. V., Ananyeva E. O.
The practice of organizing and holding elections in modern Russia
Orlova D. S., Shastina A. R.
Electronic remote voting in elections: Russian experience
Rizaeva A. N., Denikaeva S. E.
Municipal service and municipal employees in the Russian Federation and in foreign countries
Zlobina E. A.
Effectiveness of the judiciary
Terentjev A. S., Kurbatova G. V.
Law-making activities of the UN as a basis for the protection of human rights and freedoms in the modern world
ADMINISTRATIVE LAW
Bakulina I. P.
Problems of legal regulation of interaction between state authorities and local self-government in ensuring biological safety at the regional level
Istratenkov A. Yu.
The Government of the Russian Federation as a subject of administrative law and its administrative and legal status
Kulakov N. A., Pauk N. N., Usmanova D. R.
Administrative and legal status of the notary: content and some problems of legislative regulation
Vislogubova O. I.
The emergence of new categories of road users: history, stages, prospects
Yavnaya T. A., Pshibylskiy D. Yu.
Loss of cultural heritage objects: from legal conflicts to conservation methods
MUNICIPAL LAW
Andryukhina I. Yu., Pekhova L .S., Anokhina V. S.
Improvement of personnel technologies in personnel management of representative bodies of local self-government
Mirzaev M. A.
Personnel potential of the municipal service: recruitment and placement of personnel
Omran Bashar
Mechanisms of formation of local administration bodies in the Syrian Arab Republic
Andryukhina I. Yu., Pekhova L. S., Tikhomirova E. N.
Competence assessment in the system of state civil and municipal service
CIVIL LAW
Avakyan A. M., Rogalskaya D. S.
Сertain issues of legal regulation of mortgage insurance in the Russian Federation
Ananjeva E. O., Ivliev P. V.
The right of a citizen to burial and protection of burial sites
Aksenov A. V.
The concept of a smart contract in the law of Russia, Belarus, the EU and the USA
Dashin A. V., Semenova A. A.
Recovery of the amount of administrative fine as compensation for damages
Komarevtseva I. А., Tagantseva V. S.
The system of principles of Russian inheritance law: development trends
Lukmanova I. N.
Peculiarities of inheritance intellectual rights in the Russian Federation
Maksimova E. V., Ovchinnikova E. O.
Problems of concluding a heat supply contract
Manukyan A. R.
Policy of the Russian Federation in the field of migration
Petrov N. V.
The problem of determining the status of the state in civil legal relations on agricultural insurance
Ryzhenkov A. Ya., Tsuglaeva N. V.
On new economic and legal concepts of waste management in the context of Russia’s transition to a “green” economy
Tkacheva M. A.
On the correlation of civil coercion with the protection of the right and legal responsibility
Smirnova T. V.
Notarial certification of real estate transactions in the Russian Federation
Yusupova Z. F.
Testamentary refusal in inheritance law: problems of application
Kostin A. V.
In the issue of the legal nature of a smart-contract
Mayorova L. G.
Formation and development of the institution of civil liability for breach of obligations in domestic civil law
Gileva N. S.
Some problematic issues of application of the license agreement
Kalashnikov S. S., Tsedrik V. A., Baryshnikov Y. V.
Modern doctrinal, legal and ethical problems in the development and application of robotic technologies and artificial intelligence systems
Kondrashov A. S.
Problems of the management bodies of a joint-stock company for the illegal conclusion and execution of a major closure and closure with interest
Olovyannikova A. S., Raevskaya V. A., Klevtsov M. I.
Some problems of establishing the actual boundaries of the land plot and eliminating registry errors
Tsedrik V. A., Baryshnikov Yu. V., Kalashnikov S. S.
Legal features of the management of apartment buildings: domestic and foreign experience
Marakhovskaya K. G., Karpets S. I., Ermolenko K. I.
Features of the development of the Russia-ASEAN format
CIVIL PROCESS
Vaskina A. A., Kolesnikova E. S., Gaevaya A. A.
Problems of determining the accessibility of justice in civil proceedings
Fedchenko Yu. V.
Implementation of the leading role of the court and the principle of concentration of the process as components of the concept of social civil procedure (on the example of England, Germany and France)
LAND LAW
Olovyannikova A. S., Raevskaya V. A., Klevtsov M. I.
Historical and legal aspect of the use of custom as a regulator of land relations
ENTREPRENEURIAL LAW
Ananjev O. G., Kurbatova G. V.
To the question of the development of entrepreneurship in Russia
Kot M. K., Baryshova Yu. P.
Problems of law enforcement practice in the field of internal financial control in the field of entrepreneurial activity
Dashin A. V., Melnik A. V.
Self-protection as a way to protect the rights of business entities
Deltsova N. V., Kavkaeva Yu. A.
The claim procedure for the settlement of business disputes: certain aspects of law enforcement
Zubkova M. N., Brodetskaya M. A.
Measures of influence on subsoil users in case of violation of deadlines for geological exploration of the subsoil
Lukin G. A., Tokmakov M. A.
Formal and Informal Business Associations
Kot M. K.
Legal regulation of trade under the legislation of the Russian Empire in the first third of the 19th century
LABOUR LAW
Rakitina E. V., Chunmei Ya.
Directions for improving the institution of the prohibition of competition in the labor law of China
FINANCIAL LAW
Garipova E. K.
On the question of the concept of the financial and legal mechanism of municipalities
Evsikova E. V., Buts S. B.
Some aspects of improving the legal regulation of digital financial assets
Kuzmicheva Yu. V., Tokmakov M. A.
Peculiarities of licensing the banking activities of credit institutions with foreign investments
Litsenberg I. I.
The Central Bank of Russia as a banking supervision body
Sorokvashina Yu. S., Androsova A. O.
World experience in implementing the strategy green finance
TAX LAW
Dibirov Yu. S., Gapaev I. G.
Forms and methods of organization of control work of tax authorities
Dreval L. N., Polyakova S. A.
On principles in Russian tax law
BUDGET LAW
Gazizov T. I.
Social guarantees in the field of medical support, sanatorium and resort treatment for employees of the internal affairs bodies of the Russian Federation
ECOLOGICAL LAW
Fetisova A. M.
Fishing conservation areas: changes as a result of administrative reform of control, supervision and permitting activity
Androsova A. O
Problems of environmental management in the Russian Federation and ways to overcome them
TRANSPORT LAW
Beburiya D. B.
To the question of the legal aspects of digitalization in the logistics and transport industry in modern conditions
CRIMINAL LAW
Asmandiyarova N. R.
Abuse of office (Article 285 of the Criminal Code of the Russian Federation) and abuse of office (Article 286 of the Criminal Code of the Russian Federation) as crimes against state power, the interests of the state and municipal service: their features and differences
Badamshin I. D., Kosinov V. V., Kuliev I. B.
Violence in the family: to the question of its interpretation
Gadzhieva P. D., Ibragimov M. A., Rajabova R.V.
Features of correctional and educational impact on juvenile offenders in conditions of penitentiary institutions
Evseev I. V., Shulga R. Yu.
Problems of countering the occurrence and distribution of extremism in the institutions of the criminal enforcement system of the Russian Federation
Komarova L. V.
Problematic issues of sentencing for environmental crimes: law and judicial practice
Kilimbaev R. V.
«Wrongfulness» as a sign of an unfinished crime
Magomedov H. B., Tailova A. G., Ibragimov I. G.
Peculiarities of the application of corrective measures of a medical nature in the Netherlands
Peyzak A. V.
Education as an element of the social adaptation of convicts in continental Europe
Rastoropov S. V., Vasilchenko K. V.
On the issue of criminal law protection of the foundations of the constitutional system of the Russian Federation from undesirable activities of foreign and international non-governmental organizations
Stupina S. A.
The importance of rethinking and improving the criminal legal means of protecting traditional sexual relations
Fetishcheva L. M., Sokolskikh I. I.
The main elements of the concept of guilt in the criminal legislation of the Russian Federation
Zakharov I. S.
Some issues of qualification of crimes provided for in Article 273 of the Criminal Code of the Russian Federation
Peyzak A. V.
Criminal analysis of fraud under article 640 of the Italian Penal Code
Rastoropov S. V., Gorshkova N. A.
Features of judicial penalization of crimes against freedom, honor and dignity of the individual
Prozumentov A. A.
Variety of subjects of land crimes
CRIMINAL PROCESS
Belyaev M. A.
Pre-trial cooperation agreement: transaction without guarantees
Kalamov Zh. S.
The problem of application of electronic evidence in the criminal proceedings of the Russian Federation and countries with continental system law
Kaaz M. E., Isaeva R. M.
To the question of the concept and essence of the interaction of investigative bodies with the court at the stage of investigation
Klimovskiy A. S., Yuzvak S. A.
Some features of the tactics of the investigative experiment involving the minors
Nazarkin E. V., Suleymanov T. A., Danilova I. Y., Zharko N. V.
Features of the preparation and conduct of an investigative experiment during the investigation of the disorganization of the activities of institutions providing isolation from society
Muradov S. G.
Problems of judicial fines in criminal proceedings
Lebedev I. V.
Nullification of the criminal law as a basis for revising the verdict of a jury in the Russian Federation
Sokolov Yu. N.
The nature of criminally significant information
CRIMINAL-EXECUTIVE LAW
Kashirgov A. Kh.
The main problems of administrative proceedings on administrative supervision of persons released from places of deprivation of liberty
Mikhaylov V. S.
The influence of the ethnicity of convicts to a criminal community as a source of extremism in correctional facilities
Mikheeva S. V., Isaeva M. A.
Features of the responsibility of convicts during the period of serving a sentence for causing damage to the institution
Prokhorova M. V.
Characteristics of convicts serving sentences in educational colonies (based on the results of research in 2010-2022)
Suleymanov T. A., Nazarkin E. V., Danilova I. Yu., Zharko N. V.
The competence of the prosecutor to ensure the rule of law in the activities of institutions and bodies of the criminal justice system
JUDICIARY
Abbasov N. I.
Directions for improving the efficiency of expert activities and its impact on the development of forensic expertise
Redkina E. N., Holodnaya M. Ya.
Organizational and administrative documents of the court: concept, purpose, proposals for improving the design
CRIMINALISTICS
Gumenchuk O. O., Kasyanova A. O.
Analysis of modern expert research and the possibility of using non-traditional methods of collecting information in the process of investigating crimes
Dudin N. S.
The mechanism of committing cattle thefts committed by organized groups
Nikolaev N. Yu., Berdnikov G. A., Zabolotnykh A. A.
Some issues of investigative actions and general rules of their proceeding
Safonov D. A.
The main problematic issues of the investigation of crimes related to the repeated violation of the established procedure for organizing or holding a meeting, rally, demonstration, procession or picketing
Safonov A. A., Zavyalova A. A.
Psychological peculiarities of the interrogation of the victime and witness
CRIMINOLOGY
Abdulmuslimova L. H.
Latency of crime and victimization
Artemjeva E. V.
Problems of the international search for persons who have committed crimes
Ishchenko E. P., Sochivko O. I., Plotkin D. M.
On counteracting crimes of extremist orientation in Russia
Falkina T. Yu., Alimpiev S. A.
The fight against unemployment as a factor in preventing the involvement of minors in anti-social actions
Litvinov R. V., Dmitryachkova A. A.
Criminological aspects of the involvement of minors in the commission of terrorist crimes
Nechevin I.D.
Reasons and conditions for the prevention of juvenile drug crime: theoretical social problems
LAW ENFORCEMENT AGENCIES
Bogdanov A. V., Tsepelev A. N.
The concept, shaps and role of delegation of authority of the head of the internal affairs body in the organization of management activities
Gabdullin T. R., Pestov R. A., Kuznetsova K. A.
Analysis of social guarantees of employees of internal affairs bodies in the context of preserving the personnel core of the service of district police commissioners
Zhamborov A. A.
The role of shooting exercises with physical and psychological stress in modern fire training of an IAB officer
Kodzokova L. A., Kumysheva M. K.
Special theoretical knowledge and practical skills of employees law enforcement agencies when using a vehicle to transport and (or) accompany a protected person
Manukyan A. R.
Internal affairs bodies as part of the system of executive authorities
Martynov V. A.
Management decision in the internal affairs bodies as a system
Osipov D. D
Prospects for the development of private detective activities in the russian federation
Shulgin A. A.
The activities of local police commissioners in resolving family and domestic conflicts
Bogdanov A. V., Danshin D. L.
General characteristics of the forms and methods of management used in the territorial bodies of internal affairs of the Russian Federation at the present stage
SECURITY AND LAW
Agumava A. A., Mukhtarov D. J.
On ways to counter organized crime at the present stage
Bitov A. A., Zhukov A. Z.
Ensuring information security in the financial sector of the russian federation: problems and countermeasures strategy
Gutaev A. M., Krivitskiy D. E.
Problems of legal regulation of arms trafficking in Russia
Galyautdinov R. F., Nasyrov R. R.
New schemes of cyber fraud
Karchaeva K. A.
Problematic aspects of countering extremist crimes
Kashirgov A. Kh., Gutaev A. M.
The fight against corruption as the main condition of national security
Taova L. Yu., Ardavov M. M.
Measures to prevent and combat manifestations of extremism and terrorism in educational institutions
Urusov Z. Kh.
On the issue of countering extremism at the present stage
Kodzokova L. A., Kumysheva M. K.
Features of administrative and legal regulation of relations arising from the introduction of a state of emergency in the Russian Federation
HUMAN RIGHTS
Klinchuk S. V., Benedishin B. A.
Certain aspects of the investigation of fraud committed in order to receive social benefits
Kharlampjeva N. K., Ermolina M. A.
Political and legal principles of preserving cultural heritage in the methodology of studying the Arctic
PEDAGOGY AND LAW
Ashkhotova L. A., Bondar A. G.
Technology for improving the communicative mobility of DIA employees in additional professional education
Kubeev A. Zh., Yakushev E. V.
Problems of providing security measures for physical training classes by employees of internal affairs bodies
Minyasheva G. I.
The use of information and communication technologies in the educational process
Noskov O. S., Nikolaev N. Yu.
Methods of psychological influence during training sessions on fire training with cadets (trainees) of educational organizations of the ministry of internal affairs of Russia
Yakushev V. A., Zhamborov A. A., Rashidov M. M.
Рroblems of organization of professional training of young employees of internal affairs bodies at the stage of referral to the educational organization of the ministry of internal affairs of Russia
PSYCHOLOGY AND LAW
Gainullina A. V.
The content of the control and supervisory activities of the internal affairs bodies in the field of migration
Kochkina O. V., Marchuk O. A.
Stressful factors in the professional activity of employees of the penal system of the Russian Federation
MEDICAL LAW
Gorovenko S. V.
Sanitary and epidemiological audit: international experience and Russian legislation
SOCIOLOGY AND LAW
Dautova T. A., Gallyamova A. F.
«Social contract» as a new method of combating poverty in the Republic of Bashkortostan
Fastova M. A., Mityachkina E. S., Khachirov A. V.
Theoretical and legal aspect of mediation from the position of the institutional approach
LANGUAGE AND LAW
Ilyasova D. F., Knyazev D. A., Aminov Sh. R., Latypova E. R.
Innovative technologies of teaching a foreign language in educational institutions
ECONOMY. LAW. SOCIETY
Zashchitina E. K., Evchenko N. N.
The role of education and innovation in increasing the country’s competitiveness on the world stage
Kulikovskiy A. P., Poltorykhina S. V., Sivtsova I. S., Khapilina S. I.
Modern problems of the functioning of regional innovation subsystems (on the example of an agrarian region)
Marchenkova L. M., Skvortsova N. A., Makarova T. N.
Legal regulation of tourist activities in Russia
Pavlov P. V., Karagodin A. V.
Ways of digital transformation of the banking system in the context of global challenges
Rudneva Yu. R., Stotskaya A.O.
Analytical tools for managing a portfolio of financial investments
Sakova M. S., Garifullin B. A., Bolgova V. S., Kuznetsova E. V.
Study of dynamics and factors of price growth for new buildings of the Russian Federation
Zaynigabdinova G.F., Yurasova V.D., Bolgova V.S., Kuznetsova E.V.
Feasibility study of ventilation equipment for low-rise residential buildings
Kizko I. P.
Delisting factors for public companies: Russian specific
Rudneva Yu. R., Khamatov A. R.
Construction of a financial and economic model of the efficiency of a hydrotreating plant
Ji Hao
On some relevant problems of the modern theory of currency competition
PHILOSOPHY. LAW. SOCIETY
Burkin D. O.
Diversification of the problem of normative legitimation of power in the context of informatization and digitalization
Gofman A. A., Timoschuk A. S.
Case “Taira” as a cognitive and communicative problem
Zolotarev S. P., Shmatko O. N.
Legal value: its place and role in modern society
Zubkov S. A., Zubkov E. S.
Ecophilic philosophy and sacredness of music
Kozlov V. I.
possible challenges and threats to the implementation of the concept of the digital future of “Society 5.0”
Sharipov A. R., Khasanova A. G.
To the problem of national identity in the aspect of globalization and localization of the modern world order
Sheina A. Yu., Rassolova I. Yu., Shumilov N. S.
Interpretation of theory U in modern realities
Atik A. A., Chudina-Schmidt N. V.
“Color revolutions” as a mechanism of extremality transformation of the political system of the state
Belyakov. N. S.
The crisis of modern scientific cognition: quasi-science and belief in it
Bakhtieva L. I.
On the problem of transforming the value system of a subject of social relations in a risk society
Davletshina N. I., Yagudin F. T.
To the problem of correlation of cognitive distortions and behavioral scenarios of the subject
REVIEW
Konev V. V., Murzakulov S. V.
Lifelong education for the sustainable development of the modern world
INTERNATIONAL LAW
VASKINA Alina Aleksandrovna
student of the 3rd course of the School of Law of the Far Eastern Federal University
MONAKHOV Herman Dmitrievich
student of the 3rd course of the School of Law of the Far Eastern Federal University
TITENKO Yuliya Evgenjevna
student of the 3rd course of the School of Law of the Far Eastern Federal University
RULES BASED INTERNATIONAL ORDER AND CHINESE CONCEPTION OF FOREIGN AFFAIRS AS AN EFFECT OF INTERNATIONAL LAW TRANSFORMATION
In this article, the authors consider the theoretical provisions of the Rules-based international order concept. Further, the authors analyze the positions and actions of official representatives of the authorities of the People’s Republic of China through the prism of the concept under consideration. Thus, the authors, using the example of China’s opposition to some provisions of the 1982 UN Convention on the Law of the Sea, both in the political arena and in the field of its national legislation, concluded that, despite the official position of the Chinese authorities on denying the viability of the Concept and its contradiction to international norms, in fact China actually follows this Concept in his naval doctrine. Also, the authors analyzed for compliance with the provisions of the 1982 UN Convention some legislative acts of the People’s Republic of China, in particular the Law of the People’s Republic of China «On the Exclusive Economic Zone and the Continental Shelf», which contains concepts not enshrined in the Convention. At the end of the work, the authors conclude that the existence of the RBO Concept is conditioned by the objective essence of international relations, and China as a whole fits into the framework of this concept and the framework of the existing international order.
Keywords: rules based international order, international legal system, international maritime law, international territorial disputes, 1982 UN Convention, exclusive economic zone, maritime policy of the People’s Republic of China, soft law.
Work bibliographic list
1. Law of the People’s Republic of China “On Maritime Police” dated January 22, 2021. – [Electronic resource]. – Access mode: http://www.npc.gov.cn/npc/c30834/202101/ec50f62e31a6434bb6682d435a906045.shtml (Accessed: 2.05.2022).
2. Subochev V.V. «The concept of «responsibility to protect» as a form of existence of positive legal responsibility in international law // Legal Thought. – 2016. – No. 3. – pp. 139-143.
3. China will not follow the Hague fairway. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3036968 (date of access: 04/30/2022).
4. The US should change its misconception about China. – [Electronic resource]. – Access mode: http://russian.news.cn/2021-07/26/c_1310087307.htm (accessed 04/30/2022).
5. Vylegzhanin A. N., Nefedov B. I., Voronin E. R., Magomedova O. S., Zotova P. K. The concept “Rules-based order” in international legal discourses // Issues of theory of international law. – 2021.
6. Beeson M., Li F. China’s place in regional and global governance: a new world comes into view // Global Policy. – 2016. – No. 7 (4). – P. 491-499.
7. Brzezinski Z. The Grand Chessboard: American Primacy and Its Geostrategic Imperatives. – New York, 1997. – 256 p.
8. Ikenberry G. J. Institutions, strategic restraint, and the persistence of the American postwar order // International Security. – No. 23 (3). – P. 43-78.
9. Stephen M. Walt China Wants a Rules-Based International Order Too // Foreign policy. 2021. – [Electronic resource]. – Access mode: https://foreignpolicy.com/2021/03/31/china-wants-a-rules-based-international-order-too/.
10. Xiao X., Li S. Haishang weiquan douzheng yulunzhan duice sikao (Thoughts on public opinion warfare responses in the maritime rights struggle) // Guofang Keji (National Defense Science and Technology). – No. 34 (5). – P. 99-103.
11. Xu Z. Zhongguo Haijian – haiyang de “tejingdui (China Marine Surveillance – a special police unit for the oceans) // Zhongguo Haiyang Bao (China Ocean News). – 2000. – No. 914. – [Electronic resource]. – Access mode: web.archive.org/-web/20010309143435/ http://www.soa.gov.cn/zfjc/914.htm.
12. Zhongguo Haiyang Nianjian 1999-2000 (China Ocean Yearbook). – Beijing, 2000. – P. 10-11.
13. Zhongguo Haiyang 21 Shiji Yicheng (China’s Maritime Agenda for the 21st Century). Beijing, 1996. – [Electronic resource]. – Access mode: www.npc.gov.cn/zgrdw/huiyi/lfzt/hdbhf/2009-10/31/content_1525058.htm.
INTERNATIONAL LAW
ZINCHENKO Olga Igorevna
competitor of International law sub-faculty of the MGIMO (U) of the MFA of Russia
DISPUTES CONCERNING ARMED CONFLICTS: JURISDICTIONAL APPROACHES OF THE INTERNATIONAL COURT OF JUSTICE
One third of the 15 cases currently pending at the International Court of Justice relate to armed conflicts. These applications – due to lack of other procedural grounds for seizing the Court – present the violations “through the prism” of treaties containing jurisdictional clauses, which artificially limits the subject of the dispute. The study primarily deals with the following question: to what extent the jurisdictional bases invoked by the Applicant influence the Court’s approaches in considering cases concerning armed conflicts and the application of IHL rules.
The Court was able to consider the widest range of aspects concerning the application and interpretation of the rules of international humanitarian law in cases referred to it by means of a special agreement or unilateral declarations under Para. 2 Art. 36 of the Statute. However, the inaccessibility of these procedural grounds in most situations prompts the Applicants to present their claims within the framework of a certain treaty applicable between the disputing Parties. This artificially limits the subject-matter of the dispute, posing also the question of applicable law. The practice of the Court demonstrates its balanced approach to such situations.
Referring disputes of a political nature to the Court by way of jurisdictional clauses of treaties that are not entirely relevant to the situation in question poses a difficult challenge for the ICJ. Its balanced approach – due to the fundamental principle of State consent – is necessary both in relation to issues of jurisdiction and in determining the limits of application of customary international law rules. The author warns of a number of negative political and legal consequences of excessive judicial activism in relation to such situations, including the risk of expansive interpretation and abuse of the provisions of the relevant conventions, as well as a decrease in State confidence in the dispute resolution system of the ICJ.
Keywords: International Court of Justice, jurisdiction, international humanitarian law, armed conflicts, Article 36 of the ICJ Statute, special agreement, declaration recognizing the jurisdiction, jurisdictional clause.
Work bibliographic list
1. Vylegzhanin A.N., Zinchenko O.I. 2018. Yurisdikciya Mezhdunarodnogo Suda OON: Nekotorye Teoreticheskie Voprosy [The Jurisdiction of the International Court of Justice: Some Theoretical Issues]. Moskovskij zhurnal mezhdunarodnogo prava [Moscow Journal of International Law]. No. 4. P. 6-32. (In Russ.).
2. Vylegzhanin A.N., Kalamkaryan R.A. 2012. Znachenie mezhdunarodnogo obychaya v sovremennom mezhdunarodnom prave [The Role of International Custom in the Contemporary International Law]. Moskovskij zhurnal mezhdunarodnogo prava [Moscow Journal of International Law]. No. 2. P. 5-29. (In Russ.).
3. Ivanov D.V., Tarasyants E.V. 2009. Mezhdunarodnoe pravo zashchity I pooshchreniya prav cheloveka (Chast’ 1) [The International Law of Protection and Promotion of Human Rights: Past, Present and Future (Part I)]. Moskovskij zhurnal mezhdunarodnogo prava [Moscow Journal of International Law]. No. 1. P. 35-50. (In Russ.).
4. Rusinova V.N., 2017. Prava cheloveka v vooruzhennyh konfliktah: problemy sootnosheniya norm mezhdunarodnogo gumanitarnogo prava i mezhdunarodnogo prava prav cheloveka: Monografiya [Human Rights in Armed Conflicts: Problems of Correlation Between International Humanitarian Law and International Human Rights Law: Monograph]. Moscow: Statut. (In Russ.).
5. Skuratova A.Y., 2012. Mezhdunarodnye prestupleniya: sovremennye problemy kvalifikacii: Monografiya [International Crimes: Modern Problems of Qualification: Monograph]. Moscow: Norma, Infra-M. (In Russ.).
6. Cannizzaro E., Bonafé B., 2005. Fragmenting International Law through Compromissory Clauses? Some Remarks on the Decision of the ICJ in the Oil Platforms Case. European Journal of International Law. No. 16. P. 481 – 497.
7. Clapham A., Gaeta P., 2014. The Oxford Handbook of International Law in Armed Conflict. Oxford: Oxford University Press.
8. Crawford J., 2012. Brownlie’s Principles of Public International Law. Oxford: Oxford University Press.
9. Dimitrijević V., Milanović M., 2008. The Strange Story of the Bosnian Genocide Case. Leiden Journal of International Law. No. 21. P. 65-94.
10. Gathii J.T., 2007. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). The American Journal of International Law. Vol. 101. No. 1. P. 142 – 149.
11. Giegerich T. (ed.), 2009. A wiser century? Judicial Dispute Settlement, Disarmament and the Laws of War 100 Years after the Second Hague Peace Conference. Berlin: Duncker & Humblot.
12. Hanqin X., 2017. Jurisdiction of the International Court of Justice. Leyden: Brill / Nijhoff.
13. Heffes E. et al. (eds.), 2020. International Humanitarian Law and Non-State Actors. The Hague: T.M.C. Asser Press.
14. Heintschel von Heinegg W., Epping V. (eds.), 2007. International Humanitarian Law Facing New Challenges.
15. Higgins R., 1995. Problems and Process: International Law and How We Use It. Oxford: Oxford University Press.
16. Mackenzie R. et al. (eds.), 2010. The Manual on International Courts and Tribunals. Oxford: Oxford University Press.
17. Okowa P.N., 2006. Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda). The International and Comparative Law Quarterly. Vol. 55. No. 3. P. 742-753.
18. Rosenne S., 2006. The Law and Practice of the International Court, 1920-2005. Volume II, Jurisdiction. Leiden: Martinus Nijhoff Publishers.
19. Thirlway H., 2016. The International Court of Justice. New York: Oxford University Press.
20. Thirlway H., 2013. The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence. Volume I. Oxford: Oxford University Press.
21. Tomuschat C., 2010. What is General International Law? Guerra y Paz: 1945-2009. Obra homenaje al Dr Santiago Torres Bernárdez. Universidad del País Vasco. P. 329-348.
22. Waldock H., 1948. Forum Prorogatum or acceptance of a unilateral summons to appear before the international Court. The International Law Quarterly. Vol. 2. No. 3. P. 377-391.
23. Wolfrum R. (ed.), 2006. Max Planck Encyclopedia of Public International Law. Oxford: Oxford University Press.
24. Yee S., 2003. Forum Prorogatum Returns to the International Court of Justice. Leiden Journal of International Law. No. 16. P. 701-713.
25. Zimmermann A. et al. (eds.), 2019. The Statute of the International Court of Justice: A Commentary. Oxford: Oxford University Press.
INTERNATIONAL LAW
RASTRELIN Viktor Evgenjevich
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ON THE ISSUE OF FOUNDATION OF INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)
This article provides a historical and legal analysis of the International Organization for Migration (IOM for short) – from the creation of this international institution to the adoption of the current Constitution. The organization was founded after World War II, and its original task was to provide assistance and comprehensive support to refugees and migrants in the territory of post-war Europe. IOM’s name and tasks changed several times during its existence, until it received its final name and mandate in 1989.
Keywords: international migration, international intergovernmental organizations, International Organization for Migration, international law, international legal regulation of migration.
Work bibliographic list
1. Aleshkovsky I.A., Bocharova Z.S. Refugees. Formation and evolution of the status and development of the protection system // Russia XXI. 2017. No. 2. P. 6-27.
2. Gaiger M., Kokoeva N., Zhang Y. International Organization for Migration (IOM): “competent structure” and “inevitable choice” Russia and China to influence global migration management? // International analytics. 2022. Volume 13 (1). P. 48–65.
3. Kiseleva E.V. International legal regulation of migration: textbook for universities. — 3rd ed., rev. and additional M.: Yurayt Publishing House, 2022. 241 p.
4. Kiseleva E.V. Migration in the activities of the UN: background of the issue // Multilateral institutions and dialogue formats: materials of the IX Convention of the RAMI (Moscow, October 27 & ndash; 28, 2015) / Ed. A.V. Malgin / MGIMO MFA of Russia, RAMI. M.: MGIMO University, 2016. P. 278-284.
5. Law of international organizations: textbook and workshop for universities / A. Kh. Abashidze [and others]; edited by A. Kh. Abashidze. M.: Yurayt Publishing House, 2022. 505 p.
6. Alcock, A. (1971). History of the International Labor Organization, London, Macmillan. 391 p.
7. Bradley, M. (2020). The International Organization for Migration: Challenges, Commitments, Complexities (1st ed.). Routledge. 160 p.
8. Carlin, J. L. (1982) Significant Refugee Crises Since World War II and the Response of the International Community, 3 MICH. Y.B. INT’L LEGAL STUD. 3, PP. 12–21.
9. Ducasse-Rogier, M. The International Organization for Migration: 1951–2001 (Geneva: IOM, 2001). 196 p.
10. Élie, J. (2010). The Historical Roots of Cooperation between the UN High Commissioner for Refugees and the International Organization for Migration. Global Governance 16, (3): 345–360.
11. Pécoud, A. (2018). What do we know about the International Organization for Migration? Journal of Ethnic and Migration Studies, 44:10, 1621-1638.
12. Pécoud, A. (2020). Introduction: The International Organization for Migration as the New ‘UN Migration Agency’. 336 p.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
THE SIGNIFICANCE OF LEX ELECTRONICA FOR THE INTERNATIONAL LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE
The purpose of the research undertaken in the article is to identify the legal nature of acts adopted by international organizations on the regulation of artificial intelligence. The methods of analysis and synthesis, the problem-theoretical method, as well as the formal-logical method were used in the study. As a result of the study, it was revealed that currently the international legal regulation of artificial intelligence is carried out within the framework of the lex electronica concept. Lex electronica as a legal instrument allows to provide the international legal regulation of artificial intelligence in the context of the duration of the development of international treaties and the formation of international customs.
Keywords: lex electronica, international organizations, information and communication systems, artificial intelligence, International Telecommunication Union, World Intellectual Property Organization, UNESCO, UNESCO resolution, international treaty, international custom.
Work bibliographic list
1. Babkin S.A. Law applicable to relations arising from the use of the Internet: main problems. – M.: JSC «TsentrYurInfoR», 2003. – 67 p.
2. Kazachenok S.Yu. The development of lex electronica as a prerequisite for the inclusion of a clause on online arbitration in the arbitration agreement. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-lex-electronica-kak-predposylka-vklyucheniya-v-arbitrazhnoe-soglashenie-usloviya-ob-onlayn-arbitrazhe/viewer (date of access: 06/12/2022) .
3. Kanashevsky V.A. Foreign economic transactions: substantive and conflict regulation. – M.: Wolters Kluver, 2008. – S. 499-514.
4. Moss DK Autonomy of will in the practice of international commercial arbitration. – M.: Publishing House of IGiP RAN, 1996. – S. 26-27.
5. Sadikov O.N. Uniform norms in private international law.// Lunts L.A., Marysheva N.I. Sadikov O.N. International private law. – M.: Legal literature, 1984. – S. 39-41.
6. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
7. Campbell D, Ban C (Eds.). Legal Issues in the Global Information Society. – New York: Oceana Publications Inc., 2005. – P. 306-352.
8. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
9. Giannopoulou A. Digital Golems – Copyright and Lex Electronica // Journal of Law, Technology and Society. – 2016. – V. 13. – Iss. 1. – P. 108-111.
10. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
11. Murray A. Information Technology Law: Law and Society. – Oxford: Oxford university press, 2010. – P. 56-62.
12. Railas L. The Rise of the lex electronica and the International Sale of Goods. – Helsinki: The Faculty of Law of the University of Helsinki, 2004. – 590 p.
13. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. Leiden: Brill – Nijhoff, 2021. – 252 p.
14. Rowland D., Kohl U., Charlesworth A. Information Technology Law. 5th ed. – London: Routledge, 2017. – 549 p.
15. Sussman L.R. Exit the censor enter the regulator // Reports and Papers on Mass Communication. – 1991. – No. 106. – P. 9-23.
16. Gautrais V., Lefebcre G., Benyekhlef K. Droit du Commerce Electronique et Normes Applicables: L’Emergence De La Lex Electronica // International Business Law Journal. – 1997. – Iss. 5. – P. 547-584.
INTERNATIONAL LAW
TRUNOV Igor Leonidovich
Ph.D. in economical sciences, Ph.D. in Law, professor, Lawyer, the President of the Union of Lawyers of Russia, Deputy Chairman of the International Union of Lawyers, Chairman of the Presidium of the international Law firm “Trunov Ivar and Partners”, Honorable Lawyer of Russia
US AND EUROPEAN UNION SANCTIONS FROM THE POSITION OF THE RULE OF LAW
Analysis of international sanctions policy from the standpoint of law. What are the consequences of sanctions for states and sanctioned persons and how this relates to constitutional and legal principles.
International conflicts take the form of sanctions against states, legal entities and individual citizens, but as it is regulated by international law. The sanctions policy of pressure that leads to discrimination, creates the prerequisites for hunger and the deterioration of the health care system, is unacceptable and should be regulated by humanitarian law, as well as the rules of war.
The author, using the example of individual states, gives examples of the application of sanctions, their goals and objectives, as well as their consequences. Among the international sanctions campaigns, the largest one is against Russia and Russians. 10,128 sanctions have been imposed against citizens of Russia and the Russian Federation. And this number is growing. Arrests of bank accounts, cryptocurrencies, houses, apartments (and all property located in apartments and houses), yachts, planes, paintings, jewelry, etc., owned mainly by businessmen, journalists and officials. The article uses primary sources cited by the author.
Keywords: international sanctions policy; confiscation of assets; humanitarian law; economic sanctions; financial restrictions; United Nations Security Council; Universal Declaration of Human Rights; European Convention for the Protection of Human Rights and Fundamental Freedoms; protection of state interests; protection of human rights; constitutional protection of commercial transactions.
Work bibliographic list
1. Doraev M.G. Economic sanctions in the law of the USA, the European Union and Russia. M.: Infotropic Media, 2016. S. 28-45.
2. Kirkpatrick, Anthony F. Role of the USA in shortage of food and medicine in Cuba. The Lancet, 05/28/2008, pp. 1489-1491.
3. Sitnikov A. First sanctions against Russia. [Electronic resource]. – Access mode: https://http://svpressa.ru/politic/article/100726/ (date of access: 06/18/2022).
4. Song Hee. Korea and songun // “Korea”: Monthly magazine. – No. 7 (718) (July).
INTERNATIONAL LAW
LADUTKO Kristina Fuadovna
postgraduate student of the 1st course of the RANEPA under the President of the Russian Federation
IMPLEMENTATION OF THE PRINCIPLE OF DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN CONTEMPORARY ARMED CONFLICTS
The article analyzes the behavior of civilians that blurs the line between them and combatants. The article draws conclusions about the key traits of combatants in contemporary armed conflicts, about the absence of an intermediate status between a combatant and a civilian (“illegal combatant”), and about legal instruments that can contribute to the implementation of the principle of distinction.
Keywords: principle of distinction, direct participation of civilians in hostilities, unlawful combatant, contemporary armed conflicts, International Committee of the Red Cross.
Work bibliographic list
1. International Committee of the Red Cross (ICRC) Casebook. principle of distinction. [Electronic resource]. – Access mode: https://casebook.icrc.org/law/principle-distinction (Accessed 20.03.2022).
2. Meltzer N. Direct participation in hostilities: a guide to the interpretation of the concept in the light of international humanitarian law. – Reference book of the International Committee of the Red Cross (ICRC), 2009. – 110 c.
3. Corn, G. The Fog of War, Civilian Resistance, and the Soft Underbelly of Unprivileged Belligerency. Lieber Institute for Law & Warfare at West Point. Articles of War. 2022. [Electronic resource]. – Access Mode: https://lieber.westpoint.edu/fog-of-war-civilian-resistance-unprivileged-belligerency/ (Accessed 03/20/2022).
4. Mishkuro M. A. The concept of “illegal combatant” and its legal status in international humanitarian law // Otechestvennaya jurisprudence. – 2016. – No. 3 (5). – pp. 191-196.
5. Commentary of the ICRC (1958) to the IV Geneva Convention for the Protection of Civilian Persons in Time of War dated 12.07.1949. [Electronic resource]. – Access mode: https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/COM/380-600007?OpenDocument (accessed 03/20/2022).
6. Karavanov A. A., Ustinov I. Yu. Modern view on the problem of implementing the principle of distinction in international humanitarian law // Territory of Science. – 2014. – No. 1. – pp. 144-148.
7. Melzer N. Keeping the Balance Between Military Necessity and Humanity: A Response to Four Critiques of the ICRC’s Interpretive Guidance on the Notion of Direct Participation in Hostilities. // International Law and Politics. – Vol. 42:831. – 86 p.
8. Policinski E. Identifying the Enemy: Civilian Participation in Armed Conflict by Crawford, E. Book Review. International Review of the Red Cross (2015), 97 (900). The evolution of warfare. – P. 1507-1511.
INTERNATIONAL LAW
ABUKAROVA Meiram Uzerovna
senior lecturer of State and legal disciplines sub-faculty of the Dagestan State University of National Economy
MARRIAGE AND FAMILY RELATIONS AS ONE OF THE URGENT PROBLEMS IN PRIVATE INTERNATIONAL LAW
There are many cases that are undoubtedly of interest to legal scholars in the law of different states, they are so original, so unique in their uniqueness that they require research. In addition, the process of unification of legal norms, which is necessary to resolve various kinds of legal conflicts, is impossible without a detailed knowledge of the peculiarities of the law of different states.
The most relevant and indisputable truth now, that which is most widespread all over the world, in any case, it had until recently, is the huge growth of world economic ties and not only, but also social ties of Russia. This has led to the fact that the number of marriages with foreigners has increased significantly, which in turn has greatly puzzled the legislator, gave rise to various kinds of conflict of laws issues.
Keywords: private international law, marital and family relations, conflict, jurisdiction, national restrictions, “foreign element”, age of marriage, civil law, unification of family legal norms, attachment formulas, legal fact, conflict of laws bindings, autonomy of the will of the parties, the most favorable law, the closest connection.
Work bibliographic list
1. Marysheva N. I. Family relations with the participation of foreigners. Legal regulation in Russia. – Moscow: Wolters Kluver, 2007.
2. Inshakova A. O. International private law: textbook and workshop for academic baccalaureate. – M.: Yurayt Publishing House, 2019. – 398 p.
3. Family Code of the Russian Federation of December 29, 1995 No. 223-F3 (as amended on December 30, 2015).
INTERNATIONAL PRIVATE LAW
ZARIPOVA Kamilya Anvarovna
legal assistant in law firm “Kucher Kuleshov Maximenko & partners” (ex-Debevoise & Plimpton Moscow office), master’s degree in international private and civil law of the MGIMО (U) of the MFA of Russia
RUSSIAN APPROACH TOWARDS THE PROPER LAW OF THE ARBITRATION AGREEMENT
This article summarizes the legal framework and practice of Russian courts regarding the choice of law applicable to the arbitration agreement. Russian courts practice seems to be in status nascendi. However, generally, given the clarifications of Supreme Court, Russian courts should abide by the law of the seat approach which follows Article V (1) (a) of the NYC in a strict fashion. Further, Russian law may apply to the capability of being performed facet of arbitration agreement.
Keywords: law applicable to the arbitration agreement, law applicable to the arbitration clause, proper law of the arbitration agreement, proper law of the arbitration clause, choice of law, arbitration agreement, arbitration clause, international commercial arbitration, Russian law.
Work bibliographic list
1. Resolution No. 53 of the Plenary Session of the Russian Supreme Court “On the carrying out of functions by courts of the Russian Federation regarding the assistance and monitoring of arbitration proceedings and international commercial arbitration” dated December 10, 2019. [Resolution of the Plenum of the Supreme Court of the Russian Federation of December 10, 2019 No. 53 “On the performance by the courts of the Russian Federation of the functions of assistance and control in relation to arbitration proceedings, international commercial arbitration”]. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_340189/
2. Ruling of Arbitrazh (Commercial) Court of the city of Moscow dated March 4, 2013 on case No. А40-113545/12 remained in force by the Resolution of the Federal Arbitrazh (Commercial) Court of Moscow District dated June 5, 2013 756 of the Arbitration Court of Moscow dated March 4, 2013 in case No. А40-113545/12, upheld by the Decree of the Federal Arbitration Court of the Moscow District dated June 5, 2013].
3. Resolution of Federal Arbitrazh (Commercial) Court of Moscow district dated February 22, 2012 on case No. А40-89595/11-8-756 756].
4. Ruling of Presidium of the Supreme Arbitrazh (Commercial) Court of Russia dated September 22, 2009 No. ВАС-5604/09 on case No. A57-8082/2008-116; [Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 22, 2009 No. VAS-5604/09 in case No. A57-8082/2008-116]. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/988b804d-863f-4110-9879-0086e2dba29b/92fcdb89-4843-4a4b-a5b5-894e6e5fdd8b/A57-8082-2008_20090e922_Reshenija.Add?Stanovja.pdf=Reshenija.pdf?
5. Resolution of Federal Arbitrazh (Commercial) Court of Federal West-Siberian District dated June 4, 2010 on case No. А45-13290/2009. [Resolution of the Federal Antimonopoly Service of the West Siberian District of June 04, 2010 in case No. A45-13290/2009]. Available at: https://kad.arbitr.ru/Document/Pdf/eeaf1590-7dfb-476e-9bf7-623b67320eb2/3acbb7c6-41d7-459b-9466-dde8dc6e96cc/A45-13290-2009_20100604_Postanovlenie_kassacionno.pdf
6. Alexander Kostin, ‘Issues of ascertaining applicable law of the arbitration agreement in the case law of civil law countries of Europe and common law courts’, Zakon, 2014, No. 1. [A. A. Kostin, “Issues of determining the law applicable to an arbitration agreement in the practice of continental European countries and English courts.” Law, 2014, No. 1].
7. Resolution of Arbitrazh (Commercial) Court of Federal North-west District dated August 30, 2021 on case no. A56-770023/2020. [Decision of the Arbitration Court of the Northwestern District of August 30, 2021 in case No. A56-770023/2020]. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/2365b10e-9d52-40d4-b575-897bbd7710ba/119a0f30-3f61-4d11-9258-11b9f23a9961/A56-77023-2020_20210830_Postanovlenie_kassacionnoj_instancii.pdf?isAddStamp=True.
INTERNATIONAL PRIVATE 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
KONDRASHOV Sergey Vyacheslavovich
Ph.D. in Law, 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
SOME ISSUES OF DETERMINING THE SUBJECT OF LEGAL REGULATION OF PRI- VATE INTERNATIONAL LAW
The study of the doctrine of international law allows us to conclude that throughout the history of its development, at least in our country, there have been different interpretations of the subject of private international law. This study contains strictly defined criteria that allow the PIL doctrine to develop a clearer definition of the subject of PIL.
Keywords: international private law, subject of private international law, statute, conflict.
Work bibliographic list
1. Petrova G.V. International private law. In 2 volumes. T. 1: textbook for universities. – Moscow: URAIT Publishing House, 2022. – 396 p.
2. International private law: textbook / Ed. ed. G.K. Dmitrieva – 4th ed., revised and additional. – Moscow: Prospekt, 2017.
3. Getman-Pavlova I.V. International private law: a textbook for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 489 p. (Higher education). – Text: direct.
INTERNATIONAL PRIVATE LAW
YANG Haidan
postgraduate student of the Peoples Friendship University of Russia
THE OVERRIDING MANDATORY PROVISIONS IN THE INTERNATIONAL PRIVATE LAW OF THE PEOPLE’S REPUB- LIC OF CHINA
The problems of interpretation and application of overriding mandatory provisions are among the most relevant in modern private international law, and Chinese private international law is no exception to this – the relevant provisions on overriding mandatory provisions appeared in Chinese legislation a little more than a decade ago and have become an important direction for improving the legal policy of the state. In the article, the author examines the significance of overriding mandatory provisions in the international private law of the People’s Republic of China and concludes that before the adoption of the relevant law, the rules of civil relations with foreign elements were scattered according to various laws and regulations. The new law did not replace the old legislative prescriptions, but established only the basic principles of interpretation and application of Chinese laws to the most common types of civil relations complicated by foreign elements, eliminating many conflicts in national legislation. At the same time, it turned out to be much more difficult to implement legislative provisions on super-mandatory norms in practice. This is due to the lack of criteria in the legislative prescriptions for distinguishing overriding mandatory provisions from the usual mandatory norms of national legislation, as well as the ambiguity of interpretation of certain articles of the law on the choice of applicable law. The solution of these issues was reflected in the relevant judicial interpretation made by the Supreme People’s Court of the People’s Republic of China, aimed at shedding light on a number of practical issues arising during the application of regulations on overriding mandatory provisions.
Keywords: superimperative norms, “overriding mandatory provisions”, private international law, judicial interpretation, relations complicated by a foreign element, foreign investments.
Work bibliographic list
1. Zasemkova O.F. Super-imperative norms: theory and practice. – M.: Infotropic Media, 2018. – 412 p.
2. Korochkin A.Yu., Severin D. Superimperative norms in the corporate law of the Republic of Belarus // Lawyer. – 2010. – № 5. – P.85-88.
3. Malkin O.Yu. Legal regulation of the choice of law by the parties to the contract. – M.: SSU Publishing House, 2008. – 156 p.
4. Chuprunov I.S. Arbitrability: applicable law and influence from super-imperative norms // New Horizons of International Arbitration. Issue. 1: Sat. Art. / Ed. A.V. Asoskova, N.G. Vilkova, R.M. Khodykin. – M.: Infotropic Media, 2013. – S. 297-362.
5. Shulakov A.A. Public policy in private international law and problems of interpretation and application of super-imperative and imperative norms // Lex russica. – 2018. – No. 4. – P. 81-97.
6. Shulakov A.A. Interaction of institutions of private international law // Journal of private international law. – 2014. – No. 4 (86). – P. 18-43.
7. Leibkuchler P. Erste Interpretation des Obersten Volksgerichts zum neuen Gesetz uber das Internationale Privatrecht der VR China // Max Planck Private Law Research Paper. – 2013. – No. 13/25. – S. 95 – 96.
8. Michael Hellner, “Third Country Overriding Mandatory Rules in the Rome I Regulation: Old Wine in New Bottles?”, J. Priv. Int’l L., 5-3 (2009). – Pp. 455-509.
INTERNATIONAL PRIVATE LAW
MONAKHOV Herman Dmitrievich
student of the School of Law of the Far Eastern Federal University
PRIMAK Vladislav Vadimovich
student of the School of Law of the Far Eastern Federal University
KOLESNIKOVA Elena Sergeevna
student of the School of Law of the Far Eastern Federal University
AFRICAN CONTINENTAL FREE TRADE AREA AS A NEW MODEL OF ECONOMIC INTEGRATION IN AFRICA
It’s no secret that the world order is gradually changing. Economic and political centers are gradually moving from Western countries to other parts of the world. However, while the international community is closely monitoring economic integration in Northeast and Southeast Asia, similar processes are taking place on the African continent. The authors of this article analyzed the main provisions and prospects of one of the African economic integration – the newly created African Continental Free Trade Zone. Thus, the authors analyzed the main declared objectives of the AfCFTA Agreement, the provisions concerning the rules of origin of goods, the abolition of tariff barriers, as well as the procedure for resolving trade disputes between the participants of this free trade zone and the ways in which AfCFTA interacts with other sub-regional free trade zones. The authors also considered some innovative ways to eliminate non-tariff trade barriers that were developed within the framework of the AfCFTA. At the conclusion of the work, the authors drew conclusions about the prospects of the given integration model, as well as made assessments about the prospects for the development of trade relations between Russia and African countries within the framework of this FTA.
Keywords: economic integration, free trade area, AfCFTA, non-tariff barriers, rules of origin, international economic law, UNCTAD.
Work bibliographic list
1. AfCFTA: 100 days since start of free trading, prospects seem bright // Africa Renewal. 7.12.2021. – [Electronic resource]. – Access mode: https://www.un.org/africarenewal/magazine/april-2021/afcfta-100-days-start-free-trading-prospects-seem-bright.
2. Agreement Establishing The African Continental Free Trade Area (March 21th, 2018, Kigali).
3. Berkey, B., Shifting US-Africa Relations, WHARTON PUBLIC POLICY INITIATIVE (Aug. 4, 2020).
4. James Bacchus & Inu Manak, The Development Dimension: What to do About Differential Treatment in Trade, CATO INSTITUTE (Apr. 13, 2020). – [Electronic resource]. – Access mode: https://doi.org/10.36009/PA.887.
5. Knebel C. Breaking down non-tariff barriers // Great insights. – Volume 9. – Issue 1. – 2020. – pp. 19-22.
6. LANDRY SIGNE & COLETTE VAN DER VEN, KEYS TO SUCCESS FOR THE AFCFTA NEGOTIATIONS, BROOKINGS INSTITUTION 5 (May 2019). – [Electronic resource]. – Access Mode: https://www.brookings.edu/wpcontent/uploads/2019/05/Keys_to_success_for_AfCFTA.pdf; Developments in Competition Law in Africa, LEX AFRICA (Aug. 22, 2008); – [Electronic resource]. – Access Mode: https://www.lexafrica.com/2018/08/developments-in-competition-law-in-africa/.
7. With AfCFTA, ‘Africa is sending a crystal clear signal’ that it is open for business says Wamkele Mene // The Africa report. 10/26/2021. – [Electronic resource]. – Access mode: https://www.theafricareport.com/82918/with-afcfta-africa-is-sending-a-crystal-clear-signal-that-it-is-open-for-business-says-wamkele-mene /
8. Lavrov: Russia wants to reach a new level of cooperation with African countries // RIA Novosti. 07/17/2019. – [Electronic resource]. – Access mode: https://ria.ru/20190717/1556609073.html.
9. Brian Berkey, Shifting US-Africa Relations, WHARTON PUBLIC POLICY INITIATIVE (Aug. 4, 2020).
INTERNATIONAL PRIVATE LAW
YAJUN Cao
postgraduate student of Philosophy in Law (Ph.D.) of the Law Faculty of the Sun Yat-sen University, Guangzhou, China
THE PRUDENT INVESTMENT DUTIES OF FUND MANAGERS IN CHINA’S PUBLIC OFFERING REITS IN THE FIELD OF INFRASTRUCTURE
Public Offering Real Estate Investment Trust Fund has enjoyed more than a hundred years’ experience throughout the world, opening the path for small and medium investors to real estate investment, bearing the advantages of high liquidity, low correlation and relatively stable income. In 2020, China launched the pilot project of public offering REITs in the field of infrastructure, marking the official entrance of a mature and important international financial product into China’s real estate investment market, breaking the previous limitation of real estate investment trusts in China that could only raise funds through private placement. Compared with private offering REITs, public offering REITs involve public investors, and the fund managers of such funds should bear stricter prudent investment duties. Standardizing the prudent investment duty of fund managers is the key to standardizing the operation and management and long-term healthy development of public offering REITs in infrastructure. These funds contain the triple legal relationships including the trust legal relationship, trading legal relationship, agent legal relationship. The fund managers are in the central position of the triple legal relationships and bear the strict due diligence obligations, prudent management obligations and information disclosure obligations. The author answers several key questions about the functioning of this institute in China.
Keywords: trust, public offering REITs, fund managers, prudent investment duties.
Work bibliographic list
1. Mingyi Meng, The American Experience of Real Estate Trust and Investment Funds, Financial Research, No. 1, 2020.
2. Yanhong Bu, Qi Dong, The Investment Risk of Real Estate Investment Trust Fund, China Finance, No.20, 2018.
3. Yujia Shan, Chao Tang, The Legal basis, Standard Logic and Institutional Suggestions on the Control Concentration Degree of Public Offering REITs, Securities Law Court, No.1, 2021.
4. Chengzhi Xu, Changhui Wang, The Legal Logic and Institutional Construction of the Equity Information Disclosure Rules of Public Offering REITs, Securities Law Court, No.1, 2021.
5. Yanrong Hong, Identity Transformation and Rights Restrictions of Asset Parties in Infrastructure REITs Financing, China Law Review, No.4, 2021.
6. Yanrong Hong, The Legal Reconstruct and Risk Regulation of Infrastructure REITs, The Securities Law Court, No.1, 2021.
7. Donggen Xu, Hui Shao, On the Causes of Repeated Taxation of Public Offering REITs Income Tax, Securities Law Court, No.1, 2021.
8. Yongjun Jin, Research on Practical Experience of REITs in the Overseas Market and Pilot System of REITs in China, Securities Law Garden, No.1, 2021.
9. Hongqin Yang, Zhigang Ye, The Improvement of Infrastructure REITs Governance Mechanism from the Perspective of Trust, Securities Law Garden, No. 1, 2021.
10. Lei Duan, Research on the Legal Issues of China’s Public Offering REITs Product Architecture —— Based on the Comparison between Japan and the United States, Securities Law Court, No.1, 2021.
11. Hailong Liu, The Organizational Form Selection of Public Offering REITs in China, Securities Law Garden, No. 1, 2021.
12. Yan Xing, Public Offering REITs Support New Urbanization: Mechanism, Problems and Countermeasures, Securities Market Guide, No. 4, 2021.
13. Lei Tian, The Legal Impact and Countermeasures of REITs Products, People’s Justice (Application), No. 13, 2018.
EUROPEAN LAW
GIRIS Valeriya Alekseevna
postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FORMATION AND DEVELOPMENT OF LEGAL REGULATION OF THE EUROPEAN UNION ACTIVITIES IN THE FIELD OF CYBERSECURITY
This article is devoted to the study of the legislation of the European Union (hereinafter – EU or Union) in the field of cybersecurity. The relevance of the research lies in the fact that recently it is within the framework of integration unions that there is an active strengthening of cooperation between states to combine efforts to ensure cyber security, in turn, in the EU agenda for many years to strengthen cybersecurity is paid special attention, resulting in the adoption of legally binding acts for all EU member states. The article analyzes the evolution of EU cyber security legislation, revealing thatthe EUhas specific legal tools to ensure cybersecurity, but the formation of legal regulation in this area has revealed risks of inconsistent application of EU law by EU member states. Nevertheless, EU institutions are supporting the development of a common cyber security policy, in particular through the adoption of new EU regulations and the improvement of existing ones.
Keywords: EU law, legislation, network and information security, cyber security, information space, cyberspace, European Union Cyber Security Strategy.
Work bibliographic list
1. Pantin V.I., Kardava N.V. Cybersecurity: problems of formation of a unified policy in the European Union // Bulletin of the Perm University. Political science. -2018. – No. 3. – P. 18.
2. Dewar R. S. Cyber security in the European Union: an historical institutionalist analysis of a 21st century security concern. Ph.D. thesis. – University of Glasgow.-2017. [Electronic resource]. – Access mode: http://theses.gla.ac.uk/8188/ (Accessed 15.06.2022)
3. Tauwhare R. Improving Cybersecurity in the European Union: The Network and Information Security Directive // Journal of Internet Law. – 2016. – P. 10.
4. Kasper A., Vernygora V. Towards a ‘Cyber Maastricht’: Two Steps Forward, One Step Back // Harwood, S. Moncada, & R. Pace (Eds.), The Future of the European Union: Demisting the debate. – 2020. – P. 37.
5. Chiara P.G. The IoT and the new EU cybersecurity regulatory landscape // International Review of Law, Computers & technology. – 2022. – P. 11.
6. Wessel R.A. European Law and Cyberspace // Research Handbook on International Law and Cyberspace. – 2021. – P. 491-508.
7. Vela J. The Development of the EU Cyber Security Strategy and its Importance. [Electronic resource]. – Access mode: https://finabel.org/info-flash-the development-of-the-eu-cyber-security-strategy-and-its-importance/ (Accessed 06/15/2022)
8. Fuster, G.G., Jasmontaite L. Cybersecurity Regulation in the European Union: The Digital, the Critical and Fundamental Rights. In: Christen M., Gordijn B., Loi M. (eds) The Ethics of Cybersecurity // The International Library of Ethics, Law and Technology. – Vol 21. -Springer. – 2019. – P. 100. [Electronic resource]. – Access mode: https://canvas-project.eu/assets/pdf/book/p97-115.pdf (accessed 06/15/2022).
THEORY OF GOVERNMENT AND RIGHTS
ATMACHEV Sergey Igorevich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
ON THE QUESTION OF FORMS OF RESTRICTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS
The forms and ways of restricting the fundamental rights and freedoms of man and citizen in the Russian Federation are analyzed. Purpose: Two main forms of restrictions are distinguished, and, taking into account the current legislation, the ways and possibilities of their establishment and subsequent implementation are considered. Methodology. The analysis and the formal legal method are based on the consideration of the Constitution of the Russian Federation, normative legal acts, scientific views. The synthesis is presented of the trends of interrelation and interdependence in the existing forms of restrictions on the rights and freedoms of the individual. Conclusions: it is proposed to consider the existing forms and methods of possible restrictions as interrelated.
Keywords: rights, freedoms, normative legal act, forms of restriction of rights and freedoms, methods of restriction of rights and freedoms self-restraint.
Work bibliographic list
1. Lapaeva V.V. The problem of restricting the rights and freedoms of man and citizen in the Constitution of the Russian Federation (the experience of doctrinal comprehension) // Journal of Russian Law. 2005. No. 7. P. 13-23.
2. Lukasheva E.A. Human rights, politics, morality: ch. 9. In the book. Human Rights / Under rel. E.A. Lukasheva. M.: NORMA, 1999. 573 p.
THEORY OF GOVERNMENT AND RIGHTS
KAREV Dmitriy Aleksandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
CHEREVICHENKO Tatyana Sergeevna
Ph.D. in Law, associate professor, associate professor of legal support of economic activity sub-faculty of the Samara State University of Economics
HISTORY, METHODOLOGY AND PROSPECTS OF DEVELOPMENT OF LEGAL SCIENCE
The article reveals the relationship between legal science and education in the field of training future legal practitioners in order to ensure constitutional guarantees in the provision of qualified legal assistance. The problems inherent in legal science and education in the context of the educational process are presented. The basics of the transition from a knowledge-based learning model to a “competence-based approach” model are considered. The advantages and disadvantages of the currently used fixed approach to solving this issue are analyzed from the point of view of the need to strengthen statehood.
Keywords: professional competencies, training, educational process, learning model, competence approach, legal science, qualified legal assistance, dialectical-materialistic method, methodology, methods of cognition, legal research.
Work bibliographic list
1. Andreeva O. A. Some issues of modern methodology of the science of criminal law in the system of higher legal education // Research and design of intelligent systems in the automotive, aircraft and mechanical engineering (“ISMCA’ 2018”). Materials of the All-Russian scientific-practical conference with international participation. – 2018. – P. 260-262.
2. Code of Administrative Procedure of the Russian Federation: Federal Law No. 21-FZ of March 8, 2015 (as amended on April 30, 2021, as amended on July 15, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_176147/ (date of access: 10/17/2021).
3. Komissarova EG Limits of methodological presence in industry research // Methodological problems of civil research. Collection of scientific articles. Yearbook. Managing editors A. V. Gabov, V. G. Golubtsov, O. A. Kuznetsova. – Moscow, 2018. – P. 189-213.
4. Mazurenko A.P. Problems of interaction between legal education and fundamental science // Modern problems of science and education. Materials of international scientific conferences. – 2018. – P. 60-61.
5. Medvedev VG Philosophy of law and history, and methodology of legal science as indispensable scientific components of modern jurisprudence // Norwegian Journal of Development of the International Science. – 2021. – No. 69-2. – P. 22-25.
6. Ovchinnikov S. N. History of legal science: to the methodology of research // Legal policy and legal life. – 2019. – No. 3. – P. 109-115.
7. Sadokhina N. E. Legal science – legal education – legal practice: features of interdependence and problems of interaction in the educational process // Tambov Legal Readings named after F. N. Plevako. Materials of the III International Scientific and Practical Conference: in 2 volumes – 2019. – P. 467-470.
8. Stromov V. Yu. Legal education and legal science at the classical university of the Tambov region: past, present, prospects // Legal policy and legal life. – 2018. – No. 3. – P. 68-79.
9. Tarasov N. N. History and methodology of legal science: methodological problems of jurisprudence: a textbook for universities. – Moscow: Yurayt Publishing House, 2021. – 218 p.
10. Fedorov M. A. Religion as the fourth subsystem of culture (on the example of world religions) // Bulletin of the Buryat State University. – 2020. – No. 3. – P. 21-29.
11. Chegovadze L. A., Demin A. A. Higher legal education in Russia: problems and prospects // Public Service. – 2019. – No. 5 (121). – pp. 108-111.
THEORY OF GOVERNMENT AND RIGHTS
KASIMOV Timur Salavatovich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Bashkir State University
ISKHAKOV Ilvir Ilfatovich
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
ASYLBAEVA Polina Anatoljevna
master of Law of the Bashkir State University
ON THE ISSUE OF STATE IDEOLOGY IN MODERN RUSSIA
The purpose of the article is to answer questions about the actual existence and features of the state ideology in the Russian Federation. As a result of the study of legal acts of the modern Russian state and doctrinal sources, the approaches of modern scientists to the concept and classification of ideologies are identified and presented. Article names some features of the main ideologies of modernity: conservatism, liberalism, socialism and nationalism. Using examples from current legislation and the practice of applying law, it is shown that in modern Russia, as a state ideology, a synthesis of liberal, conservative and socialist ideologies is actually being implemented, with conservative ideological trends prevailing in recent years.
Keywords: state ideology, the future of the state, concepts, conservatism, liberalism, socialism.
Work bibliographic list
1. Averyanov V. Empire and freedom. Catch up with yourself. – Moscow: Knizhny Mir Publishing House, 2014. – 384 p. – (Collection of the Izborsk club). – EDN TGIGAF.
2. Baranov N. A. Ideological attitudes of leading Russian political parties on the eve of the 2021 elections // Socio-political studies. – 2021. – No. 1 (10). – pp. 5-21. – DOI 10.20323/2658-428X-2021-1-10-5-21. – EDN YUVTEN.
3. Vasiliev A. A., Seregin A. V. History of Russian protective political and legal thought (VII-XX centuries) Textbook. – M.: “Yurlitinform”, 2011. – 450 p.
4. Galiev F. Kh. Constitution and legal culture of modern society // Legal state: theory and practice. – 2019. – No. 4 (58). – pp. 97-102. – EDN CZOCFV.
5. State ideology: historical-legal and theoretical-legal aspects: In 2 volumes / Z. K. Ayupova, A. A. Vasiliev, V. I. Ermolovich [and others]. – Moscow: Yurlitinform Publishing House, 2019. – 312 p. – (Theory and history of state and law). – ISBN 978-5-4396-1720-3. – EDN XYXEPJ.
6. Dugin A. The fourth political theory. Russia and political ideas of the XXI century. – St. Petersburg: Amphora. TID Amphora, 2009. – 351 p.
7. Kasimov T. S. Concepts of the future state of modern Russian nationalists // Legal state: theory and practice. – 2013. – No. 4 (34). – pp. 44-50. – EDN RSPIIX.
8. Kasimov T. S. Conservative concepts of the future state in modern Russia / T. S. Kasimov // Legal state: theory and practice. – 2014. – No. 4 (38). – pp. 18-22. – EDN TFGDJH.
9. Kolokolov N. A. Judicial power in modern Russian science: theory of state and law // Theory of state and law in science, education, practice: monograph Theory of state and law in science, education, practice / Yu. G. Arzamasov, V. M Baranov, N. V. Varlamova [and others]. – Moscow: Limited Liability Company “Jurisprudence Publishing House”, 2016. – 480 pp. – ISBN 978-5-9516-0776-8. – EDN WFUNYF.
10. Kornev A.V. State and Law in the Context of Conservative and Liberal Ideology: An Experience of Retrospective Analysis Moscow: Prospekt Limited Liability Company, 2016 320 pp ISBN 978-5-392-20142-6 EDN WGBDTX
11. Makuev R. Kh. Theory of state and law: textbook, 3rd ed., with amendments and additions, M: Norma: Infra-M, 2010. – 639 p.
12 G. Musikhin Essays on the Theory of Ideologies / Series compiled by Valery Anashvili – Moscow: National Research University Higher School of Economics, 2013 – 288 pp. – (Political theory) – ISBN 978 -5-7598-1012-4 EDN UNQKMD
13 New Russian Encyclopedia Moscow: Encyclopedia, 2010 480 pp ISBN 978-5-94802-033-4 –ED N VNJUNX.
14. Russia in search of ideologies: transformation of the value regulators of modern societies / V. S. Martyanov, E. A. Vakhrusheva, K. V. Kiselev [and others]. – Moscow: Publishing House “Political Encyclopedia”, 2016. – 334 p. – ISBN 978-5-8243-2067-1. – EDN WMVPAJ.
15. Sergeytsev T., Kulikov D., Mostovoy P. Ideology of Russian statehood. – Continent Russia. – St. Petersburg: Peter, 2021. – 688 p.
16. Heywood E. Political science: A textbook for university students / Per. from English. ed. G. G. Vodolazov, V. Yu. Velsky. – M.: UNITY-DANA, 2005. – 544 p.
17. Shvartsmantel D. Ideology and politics / Per. from English. Kh .: Publishing House of the Humanitarian Center, 2009. – 312 p.
THEORY OF GOVERNMENT AND RIGHTS
GANIEVA Dinara Zamirovna
postgraduate student of Theory of state and law sub-faculty of the Institute of Law of the Bashkir State University
TRANSFORMATION OF MECHANISMS OF LEGAL EDUCATION AND IMPLEMENTATION OF LAW IN A DIGITAL SOCIETY
The article analyzes the peculiarities of changing the structure of the processes of formation and implementation of legal regulations in the conditions of the formation of economic relations based on the use of digital technologies. The author explores how digitalization will affect the functioning of the legal system as a whole and its individual components and examines the processes of implementing legally significant actions aimed at the formation of positive law in a digital society.
Keywords: digital transformation, digital society, mechanism of law formation, legal realization, digitalization, legal system.
Work bibliographic list
1. Digital transformation of regulatory processes: trends, approaches and solutions / M. A. Averyanov, O. V. Baranova, E. Yu. Kochetova, R. L. Sivakov // International Journal of Open Information Technologies. – 2018. – V. 6. – No. 11. – S. 42-49.
2. Dobrinskaya D. E. Digital society in the sociological perspective. Bulletin of the Moscow University. Ser. 18: Sociology and political science. – 2019. – T. 25. – No. 4. – S. 175-192.
3. Drobyazko S. G. Law formation, law-making, law establishment, their subjects and principles // Law and Democracy: Sat. scientific tr. – Minsk: BGU, 2003. – Issue. 14. – S. 15-34.
4. Ladenkov N. E. Transformation of the legal system under the influence of digitalization: causes and trends // Philosophy of Law. – 2021. – No. 1 (96). – P. 164-168.
5. Sinyukov V. N. Digital law and the problems of the stage-by-stage transformation of the Russian legal system // Lex Russica. – 2019. – No. 9 (154). – S. 15.
6. Chervonyuk V. I. The Mechanism and Regularities of Law Formation (Positive Law Operations) in Modern Russia: Legal Construction and Legal Reality. Issue. 4. Coordination of interests as a method of legal regulation and an innovative type (type) of modern legislative technologies.
7. Federal Law “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation” dated July 31, 2020 N 259-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/
8. Federal Law “On Amendments to the Federal Law” On Countering Terrorism and Certain Legislative Acts of the Russian Federation in Part of Establishing Additional Measures to Counter Terrorism and Ensuring Public Security” dated 06.07.2016 No. 374-FZ.
9. Khabrieva T. Ya. Law before the challenges of digital reality // Journal of Russian Law. – 2018. – No. 9 (261). – P. 5-16.
10. Altukhov A. V., Kashkin S. Yu. Digitalization of law and legal regulation of artificial intelligence as important global components of the scientific and technological paradigm of Russia in the 21st century // International Legal Courier. – 2020. – No. 1-2 (35-36). – P. 10-13.
THEORY OF GOVERNMENT AND RIGHTS
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 sciences, associate professor, Dean of the Faculty of Natural Science and Humanities Education, of the St. Petersburg State Marine Technical University
TARASOV Aleksandr Sergeevich
Ph.D. in historical sciences, associate professor of International maritime law sub-faculty of the St. Petersburg State Marine Technical University
CHEPEL Aleksandr Ivanovich
Ph.D. in historical sciences, associate professor, Head of History and cultorology sub-faculty of the St. Petersburg State Marine Technical University
EVOLUTION OF ORGANIZATIONAL AND LEGAL COUNTERACTION TO PIRACY AT SEA
The organization of effective counteraction to maritime piracy has been an urgent task throughout all stages of the development of society and the state. The article analyzes the measures taken to combat piracy in different historical epochs, examines the evolution of the mechanism of legal regulation, the effectiveness of legal impact on such a negative phenomenon. It is concluded that there is a need to create a unified system of regulatory and legal support for countering piracy at the international level, as well as a unified international information system that contributes to the timely prevention of pirate attacks.
Keywords: legal regulation of countering piracy, international maritime law, history of the development of law.
Work bibliographic list
1. Alekseev G. V., Evgrafova I. V. Integration processes and the implementation of state jurisdiction on the high seas // Eurasian integration: economics, law, politics. – 2016. – No. 1 (19). – pp. 78-84.
2. Bekyashev K. A. International law in the fight against maritime piracy // Lex russica (Russian law). – 2010. – T. 69. No. 6. – P. 1397-1414.
3. Biryaeva A. V., Lavrushkina A. A. Historical and legal analysis of the norms on piracy // Actual problems of Russian law. – 2016. – No. 10 (71). – pp. 27-33.
4. Bruner R. A., Galiev R. S. The problem of distinguishing between the concepts of “maritime piracy” and “state piracy” // Modern law. – 2013. – No. 2. – pp. 128-131.
5. Galiev R. S. Fight against piracy, international legal aspect. – Baranul. 2015. – 168 p.
6. Gafarov Z. M. On international legal means of combating maritime piracy and terrorism // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 6. – pp. 133-138.
7. Gladchenko L.V. Maritime piracy at the present stage: an old problem among the “new” ones security threats // Openings of the national strategy. – 2013. – No. 3 (18). – pp. 135-149.
8. Gutsulyak VN Legal means of combating piracy and terrorism in maritime transport // Transport Law and Security. – 2018. – No. 4 (28). – pp. 41-44.
9. Yeshchenko Y. V., Novikov A. V. Ways to counter maritime piracy // Marine collection. – 2014. – No. 1 (2002). – pp. 55-58.
10. Convention on the High Seas. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021).
11. United Nations Convention on the Law of the Sea. – [Electronic resource]. – Access mode: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_r.pdfhttps://www.un.org/en/documents/decl_conv/conventions/pdf/hsea.pdf (date accessed: 19.12.2021).
12. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/maritme.shtmlhttps://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (accessed: 12/19/2021).
13. Krivtsova Yu. A. Actual problems of regulation of international maritime transport of goods. Vestnik nauki. – 2019. – T. 2. No. 6 (15). – P. 34–40.
14. International Maritime Organization. – [Electronic resource]. – Access mode: https://www.un.org/ru/ecosoc/imo/https://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021) .
15. International Code for the Security of Ships and Port Facilities. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902019001https://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021).
16. Mikheev D. V. Emergence of the practice of privateering in England in the XIII-XVI centuries. // Metamorphoses of history. – 2013. – No. 4. – pp. 201-216.
17. Nagaeva T. I. Piracy as a type of criminal act (historical and legal aspect) // History of State and Law. – 2010. – No. 10. – P. 9-16.
18. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/shelf_security.shtmlhttps://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021).
19. Smirnova E. S., Kolodkin A. L. The history of the fight against maritime piracy: from antiquity to modern times // History of State and Law. – 2009. – No. 24. – pp. 45-48.
20. Tarasov A. S., Fedorova A. S. Actual problems of international cooperation in the fight against maritime piracy // Economy, ecology and society of Russia in the 21st century. – 2021. – T. 2. No. 1. – pp. 116-122.
21. Chepel A. I. “The outpost was taught to bypass the forest”: Swedish-Russian border area after the Stolbovsky Peace // New Historical Bulletin. – 2010. – No. 2 (24). – pp. 43-50.
HISTORY OF STATE AND LAW
SANGULIYA Aslan Daurovich
senior lecturer of State and law sub-faculty of the Faculty of Law of the Abkhazian State University, Republic of Abkhazia
ON THE PROBLEM OF TYPOLOGICAL CHARACTERISTICS OF THE LEGAL UN-DERSTANDING OF MIKHAIL NIKOLAEVICH KAPUSTIN
The article substantiates the position on the synthetic nature of the methodology of cognition of law by the outstanding Russian jurist of the second half of the XIX century M.N. Kapustin. The author shows that the attribution of his teaching to the school of natural law or to the school of positive law in their classical version looks controversial. In his opinion, M.N. Kapustin is attempting an expansive way of interpreting the law characteristic of legal sociologism, which explains the possibility of integrating different methodological ideas into a single framework of methodology.
Keywords: law, general theory of law, methodology of legal cognition, historical types of legal understanding, school of natural law, school of positive law, historical school of law.
Work bibliographic list
1. Korkunov N. M. Introductory lecture to the course of the Encyclopedia of Law, read at St. Petersburg University on November 30, 1878 // Science of Law and Natural History / Collection of Scientific Articles. – St. Petersburg, 1898.
2. Nevolin K. A. Encyclopedia of jurisprudence // Nevolin K. A. Complete works. T. 1. – St. Petersburg: E. Pratz Printing House, 1857.
3. Kapustin M.N. Diplomatic relations of Russia with the countries of Western Europe in the second half of the 17th century. – M.: University Printing House, 1852. – 152 p.
4. Kapustin MN Review of the subjects of international law. Issue 1 – 4. – M.: University Printing House, 1856-1859.
5. Kapustin MN On the meaning of nationality in international law. – M.: University Printing House, 1863.
6. Kapustin MN International law. – Yaroslavl: Printing house of the Provincial Zemstvo Council, 1873. – 87 p.
7. Ustinov V. M. In memory of M. N. Kapustin. Speech read at the St. Petersburg Legal Society on December 4, 1899 // Bulletin of Law. – 1900. – Jan.
8. Safaryan L. B. To the question of the scientific and legal worldview of Professor M. N. Kapustin // Modern Law. – 2009. – No. 9.
9. Yakovlev A. V. State-legal views of Mikhail Nikolaevich Kapustin: Abstract of… cand. legal Sciences. – M., 2014.
10. Kapustin M.N. Legal encyclopedia (dogmatics). – St. Petersburg: Printing house of a solitary prison, 1893.
CONSTITUTIONAL LAW
VORONTSOVA Madlena Aleksandrovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the North-West branch of the Russian State University of Justice
REPRODUCTIVE HUMAN RIGHTS AND THEIR CONSTITUTIONAL AND LEGAL NATURE
The article considers the constitutional and legal basis for the formation of reproductive rights as an independent institution. It is justified that reproductive rights are an integral part of the constitutional and legal status of the individual. It has been shown that the level of legal regulation in this area is characterized by significant fragmentation. It is noted that the importance of reproductive rights for humans and the state is comparable to such constitutional values as life, health, freedom and inviolability of the person. It is assumed that an adequate solution is the adoption of a federal law directly devoted to reproductive human rights, which will act as the basis for the further development of legislative regulation in this area and will contribute to strengthening the protection and protection of reproductive human rights.
Keywords: reproductive rights, constitutional and legal status, reproductive technologies, human rights, legal regulation.
Work bibliographic listt
1. Lomonosova M.V., Bogomyagkova E.S. Reproductive Human Rights and Assisted Reproductive Technologies: New Forms and Types of Inequality // Economic Strategies. 2015. V. 17. No. 9 (134). P. 90-97.
2. Maksimova I.A. The use of assisted reproductive technologies in the implementation of the right of citizens to medical care // International Journal of Civil and Commercial Law. 2018. No. 2. P. 43-46.
3. Martirosyan N.O. Legislative regulation of the implementation of human reproductive rights // Almanac of modern science and education. 2010. No. 6. S. 19-21.
4. Podolny N.A. Object of criminal law protection of reproductive rights // Nauka. Society. State. 2020. No. 4. P. 124-131.
5. Potseluev E.L., Danilova E.S. The concept and types of personal (somatic) human rights // Science. Society. State. 2015. No. 1. P. 1-10.
6. Romanovsky G.B. The concept of reproductive rights in the modern world // Citizen and Law. 2015. No. 7. S. 31-45.
7. Sidorenko E.L. Criminal legal protection of reproductive health: modern challenges // Economics. Taxes. Right. 2019. No. 2. P. 147-153.
CONSTITUTIONAL LAW
GRIPP Elvina Kharisovna
Ph.D. in Law, associate professor, associate professor of Legal studies sub-faculty of the of the North-Western branch of the Russian State University of Justice, associate professor of the North-Western Institute of Management of the RANEPA under the President of the Russian Federation
GRISHCHENKO Taras Alekseevich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the St. Petersburg University of MIA
YAKHINA Yuliya Kharisovna
Ph.D. in Law, associate professor, Dean of the Faculty of Law of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
CORRELATION BETWEEN INTERNATIONAL AND NATIONAL LAW (CONSTITUTIONAL AND LEGAL ANALYSIS OF ARTICLE 79 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION)
The authors analyze the content of Article 79 of the Constitution of the Russian Federation, which affects the relationship between international and national law. Its critical provisions are investigated and an objective assessment is given, taking into account the positions of the Constitutional Court of the Russian Federation. The authors state that, firstly, when interpreting Article 79 of the Constitution of the Russian Federation, it is necessary to understand that it is based on the sovereignty of the Russian state. Secondly, the Russian Federation does not refuse to fulfill international treaties and the decisions of interstate jurisdictional bodies based on them. The main task is to determine a constitutionally acceptable mechanism for the implementation by the Russian Federation of such decisions while steadily ensuring the highest legal force of the Constitution of the Russian Federation in the Russian legal system.
Keywords: constitution, Constitutional Court of the Russian Federation, amendments to the constitution, sovereignty of the state, interpretation of the constitution, supremacy of the constitution, international obligations, international treaty, state power, international law.
Work bibliographic list
1. Mullerson R.A. Correlation between international and national law. – M.: International Relations, 1992. – P. 1-36.
2. Glotov SA Russia and the Council of Europe: political and legal problems of interaction. – Krasnodar: Soviet Kuban, 1998. – 421 p.
3. Bartsits I. N. Rethinking the relationship between international and national law at the turn of eras (on an amendment to Article 79 of the Constitution of the Russian Federation) // Public Service. – 2020. – T. 22. – No. 1 (123). – S. 33-42.
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
THE PRACTICE OF ORGANIZING AND HOLDING ELECTIONS IN MODERN RUSSIA
The article discusses the practice of implementing the institution of elections in Russia. The stages of the electoral process are described in detail and consistently, their features and elements are identified, the necessary procedural aspects inherent in each stage are examined. The general linking role of timing, characteristic of each stage of the elections, is considered. The practical component of the organization of election campaigns is analyzed, which makes it possible to establish the functioning of one of the basic institutions of direct democracy. The importance of hierarchy and staging of elections in the conditions of modern legal reality is emphasized.
Keywords: elections, electoral process, stages, electoral process, election campaign.
Work bibliographic list
1. Gorban A.E. On some aspects of the constitutional and legal mechanism for ensuring the electoral rights of citizens at all stages of the electoral process // New legal bulletin. — 2019. — No. 3 (10). — pp. 4-6.
2. Korovin E.M. Electoral campaign: concept and temporal boundaries // Law enforcement. – 2020. – No. 1. – pp. 37-48.
CONSTITUTIONAL LAW
<ORLOVA Darina Sergeevna
student of the Baikal State University
SHASTINA Anzhelika Razmikovna
senior lecturer of Legal support of national security sub-faculty of the Baikal State University
ELECTRONIC REMOTE VOTING IN ELECTIONS: RUSSIAN EXPERIENCE
The authors analyze the use of remote electronic voting on the example of the elections to the State Duma of the Russian Federation in 2021 and conclude about the imperfections and gaps in the current Russian legislation. The main problems that arise in practice when implementing remote electronic voting are highlighted. A comparative legal analysis of the conduct of voting in person and remotely, using electronic resources, in compliance with the fundamental principles of electoral law was carried out. The conclusion is made about the need to comply with them in the conditions of a new, remote electronic voting format and recommendations are formulated for further legislative improvement of remote electronic voting.
Keywords: sale of confiscated property, material evidence, state information system of accounting.
Work bibliographic list
1. Demeshko I. V. Conceptualization of the concept “electoral system” through the prism of post-nonclassical legal rationality in Russian constitutional law // Baikal Research Journal. – 2016. – T. 7. –№ 1.
2. Keshikova N. V., Demeshko I. V. Sphere of organizing and holding elections to public authorities // Proceedings of the Irkutsk State Economic Academy (Baikal State University of Economics and Law). – 2015. – T. 6. – No. 3. – P. 28.
3. Avakyan S. A. Constitutional law of Russia. Training course. – “Norma: INFRA-M”, 2021. – P. 214.
4. Klimova Yu. N. Dispositions and sanctions of Russian and foreign criminal law norms on responsibility for falsification of election results // Criminological journal of the Baikal State University of Economics and Law. – 2015. – T. 9. – No. 3. – S. 548.
CONSTITUTIONAL LAW
RIZAYEVA Abidat Nadirovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
DENIKAYEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
MUNICIPAL SERVICE AND MUNICIPAL EMPLOYEES IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES
In December 1993, the Constitution of the Russian Federation was adopted and from that moment the course for democratization and the construction of a rule of law was officially proclaimed. It is known that the distinctive feature of the rule of law is the rule of law, and democracy presupposes the participation of the people in the management of state affairs. Russia is the largest country in the world, which makes it impossible to implement a direct form of democracy in these conditions. In this regard, local self-government is of great importance, that is, the system of organization and activity of citizens, which ensures the independent solution of local issues by the population, the management of municipal property, based on the interests of all residents of the relevant territory. This article attempts to conduct a comparative legal analysis of the institute of municipal service in Russia and abroad.
Keywords: local self-government, municipal service, municipal employee, legislation of foreign countries.
Work bibliographic list
1. Mitrokhina Ya. A. Municipal responsibility in Russia and foreign countries // Bulletin of SUSU. – 2015. – No. 1. – pp. 85-90.
2. Kasho V.S. Responsibility of bodies and officials of local self-government as a subject of municipal lawmaking // Journal of Russian Law. – 2011. – No. 6. – P. 35–40.
3. Petrova Yu. I., Butova T. V. International experience of the organization of the municipal service // Fundamental and applied research. – 2015. – No. 18. – pp. 181-184.
4. Kolesnikova E.V. Constitutional law of foreign countries. – M.: MGAP, 2011.
5. Shamkhalov M.A., Magomedov M.A. Peculiarities of municipal government in the USA // Education. The science. Scientific personnel. – 2019. – No. 1. – pp. 25-26.
6. Yangol N. G., Bolotina E. V. Legal status of municipal employees in France // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 1. – pp. 141-144.
CONSTITUTIONAL LAW
ZLOBINA Ekaterina Aleksandrovna
independent researcher
EFFECTIVENESS OF THE JUDICIARY
This article discusses the effectiveness of the judiciary through the prism of the effectiveness of the structure of this branch of government, developed and proposed starting points for improving the efficiency and sustainable functioning of this system of state power. The effectiveness of the judiciary is a complex, collective legal concept, including the optimality of judicial procedures, the expediency of the court’s actions to ensure a balance of interests of all participants in the dispute, objectivity, loyalty, independence, high professional skills and responsibility of the court, allowing reaching those facing the judiciary as a branch state power, socially useful purposes.
Keywords: judiciary, functioning efficiency, systems, state power, system of state power.
Work bibliographic list
1. Lapaeva V.V. Analysis of the quality of judicial activity in the process of legal monitoring (questions of theory and methodology) // Legislation and Economics, 2009. – No. 10. – pp. 7-16.
2. Petrukhin I. L., Baturov G. P., Morshchakova T. G. Theoretical foundations of the effectiveness of justice. – M.: Nauka, 1979. – 392 p.
3. Zrazhevskaya T. D. The effectiveness of the implementation of decisions of the Constitutional Court of the Russian Federation in the constituent entities of the Russian Federation // Problems of execution by federal state authorities and state authorities of the constituent entities of the Russian Federation of decisions of the Constitutional Court of the Russian Federation and constitutional (statutory) courts of the constituent entities of the Russian Federation: Materials of the All-Russian Conference ( Moscow, March 22, 2001) / Ed. M. A. Mityukova, S. V. Kabysheva, V. K. Bobrova, S. E. Andreeva. – M.: Formula of Law, 2001. – pp. 115-119.
4. Tatarinov S.A. On the criteria for determining the effectiveness of the administration of constitutional justice in the activities of the Constitutional Court of the Russian Federation // Legal problems of strengthening Russian statehood: Sat. articles. Part 34 / Ed. V. F. Volovich. – Tomsk: Tomsk Publishing House. un-ta, 2006. – pp. 34-38.
5. Andryushechkina I. N. Analysis of the main indicators of the activity of courts of general jurisdiction // Russian justice. – 2007. – No. 3. – pp. 65-71.
6. Chepunov O. I. On the effectiveness of the judiciary // Modern law. – 2009. – No. 5(1). – pp. 79-83; PimAlbers. The Asssesment of Court Quality: Hype or Global Trend? Hague Journal on the Rule of Law, 1: 2009. – R. 53-60 and others
7. Decree of the Constitutional Court of the Russian Federation of February 5, 2007 No. 2-P // СЗ RF. – 2007. – No. 7. – Art. 932.
8. Petrukhin I. L. Theoretical problems of the effectiveness of justice (in criminal cases): Diss. &helli; Dr. jurid. Sciences. – M., 1997; Kotarbinsky T. Treatise on good work. – M., 1972. – P. 121.
9. Plyukhina M.A. Procedural means of ensuring the effectiveness of civil proceedings. Abstract &helli; dis. cand. legal Sciences. – Yekaterinburg, 2002. – P. 9.
10. Kolokolov N.A. Judicial power as a general legal phenomenon. Diss. .. Doctor of Law. – N. Novgorod, 2007. – P. 146.
11. Larin A. M. Increasing the effectiveness of the investigation // Soviet state and law. – 1973. – No. 3. – pp. 106-113.
12. Efficiency of justice and problems of elimination of judicial errors / Otv. ed. V. N. Kudryavtsev. – M., 1975. – Part 1. – P. 168.
13. Tsikhotsky AV Theoretical problems of the effectiveness of justice in civil cases. – Novosibirsk, 1997. – P. 156.
14. Marchenko MN Judicial lawmaking and judicial law. – M.: Prospect. 2008. – S. 12 (512 p.).
CONSTITUTIONAL LAW
TERENTJEV Aleksey Sergeevich
Ph.D. in technical sciences, associate professor, associate professor of Logistics sub-faculty 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
LAW-MAKING ACTIVITIES OF THE UN AS A BASIS FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN THE MODERN WORLD
Human rights in the modern world are rightly recognized as a universal value, they represent a legal ideal for almost all modern, progressive states. Fundamental human rights are the most important feature for a legal, democratic, truly social state. An active, productive and persistent law-making activity of the UN played a significant role in such a rule of human rights and freedoms. The article discusses the fundamental foundations of the UN law-making activity in the field of protection of human rights and freedoms, actualizes the importance of basic legal documents in modern conditions of development of international legal reality, analyzes problems and contradictions in the field of human rights.
Keywords: human rights, UN Charter, Covenant of Human Rights, State obligations, Universal Declaration of Human Rights.
Work bibliographic list
1. Glushkova S.I. Discussions on topical issues of observance and protection of human rights (a review of the materials of the international conference on human rights) // Bulletin of the Humanitarian University. – 2017. – No. 1. – P. 126-132.
2. Naumova N.V. The Universal Declaration of Human Rights and Its Action in the Russian Federation // Young Scientist. – 2017. – No. 5. – P. 304-306.
3. Stremoukhov A. V., Stremoukhov A. A. The Prehistory of Human Rights and the Formation of the Concept of Human Rights in the Ancient World // Leningrad Journal of Law. – 2017. – No. 2. – P. 12-21.
ADMINISTRATIVE LAW
BAKULINA Irina Petrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Tyumen State University
PROBLEMS OF LEGAL REGULATION OF INTERACTION BETWEEN STATE AUTHORITIES AND LOCAL SELF- GOVERNMENT IN ENSURING BIOLOGICAL SAFETY AT THE REGIONAL LEVEL
The article examines the organizational and legal problems of interaction of state authorities in ensuring biological safety in the Russian Federation. Gaps in the legal regulation of the procedure of actions of state authorities and local self-government in cases of biological threats and the application of appropriate response measures have been identified. Proposals are formulated to improve the organizational and legal mechanism for ensuring biological safety.
Keywords: biological safety, sanitary and epidemiological welfare of the population, a response plan for biological threats (hazards), coordination of the activities of state authorities and local self-government.
Work bibliographic list
1. Agafonov V. B., Zhavoronkova N. G. Theoretical and legal problems of ensuring the biological safety of the Russian Federation // Actual problems of Russian law. – 2020. – No. 4. – P. 187-194.
2. Varlamova N.V. The COVID-19 pandemic as a challenge to the constitutional legal order // Comparative Constitutional Review. – 2020. – No. 6. – P. 17-30.
3. Zhavoronkova N. G., Shpakovsky Yu. G. Legal aspects of reforming the system of public administration for the protection of the population and territories in emergency situations: lessons from the COVID-19 pandemic // Bulletin of the O. E. Kutafin University. – 2020. – No. 3 (91). – P. 130-142.
4. Popova N. F. Measures of administrative coercion applied to ensure the sanitary and epidemiological welfare of the population // Russian justice. – 2021. – No. 3. – P. 16-19.
ADMINISTRATIVE LAW
ISTRATENKOV Aleksandr Yurjevich
lecturer of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
THE GOVERNMENT OF THE RUSSIAN FEDERATION AS A SUBJECT OF ADMINISTRATIVE LAW AND ITS ADMINISTRATIVE AND LEGAL STATUS
In the Russian Federation, the President, the Government and the Council of Federations are legislatively granted executive power in full. The Chairman of the Government is appointed by the President, members of the Cabinet of Ministers are approved, and the President also has the right to dismiss the Government. The activities of state bodies are carried out strictly in accordance with the current legislation and the Constitution of the Russian Federation. Under the bodies of state executive power, separate, organized components of the system of state bodies should be considered, which are created specifically for the regular and full implementation of functions related to public administration. At the same time, they are endowed with special state powers, which have a pronounced executive and administrative character. The Government is engaged in the implementation of economic functions: the process of developing the state budget, which will be approved by a decision of the Parliament, as well as economic work. These bodies own the state budget, and also have a number of other important functions.
Keywords: government, administrative and legal status, power, state, state bodies, executive bodies, structure.
Work bibliographic list
1. Abdrakhmanov, D.K. Constitutional bases of the status and activity of the Government of the Russian Federation. – M.: LAP Lambert Academic Publishing, 2020. – P.70.
2. Prudnikova, T.A. Administrative and legal status of executive authorities. (On the example of migration services). – M.: Unity-Dana, 2021. – P. 96.
3. Bratanovsky S.N. Administrative law. Special part: textbook. – M.: Direct-Media, 2020. – P. 112.
4. Lapina M.A. Administrative law. – M.: Education, 2019. – P. 110.
5. Melekhin A.V. Administrative law of the Russian Federation: a course of lectures. – M.: Prospekt, 2019. – P. 63.
6. Agapov A.B. Administrative law. – M.: Yurayt, 2021. – S. 413.
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
PAUK Natalya Nikolaevna
Ph.D. in pedagogical sciences, Deputy Head of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
USMANOVA Diana Rafaevna
Ph.D. in Law, lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ADMINISTRATIVE AND LEGAL STATUS OF THE NOTARY: CONTENT AND SOME PROBLEMS OF LEGISLATIVE REGULATION
The study is devoted to the problems of the administrative and legal status of a notary. In the article, the authors identified the features and revealed the content of this status, conducted a comparative study with the status of a public employee. As a result of the study, the authors conclude that it is necessary to further study the public law aspects of the notary and formulate a proposal to improve legislation aimed at expanding the powers of the notary in terms of obtaining information.
Keywords: notary; public law regulation; administrative and legal regulation; justice.
Work bibliographic list
1. Volkova A. M. Administrative law in questions and answers: textbook. – Publishing house. “Prospekt”, 2018. – P. 123-128.
2. Cheremnykh I. G. Formation of an independent notary in Russia as an institution for the implementation of law enforcement: dissertation … doctor of legal sciences – M. , 2007. – P. 132-136.
3. Yurchenko V. V. The essence of the mechanism for ensuring the implementation of the administrative and legal status of a notary // Bulletin of the Novosibirsk State University. Series: law. – 2013. – No. 1 (9) – pp. 43-49.
ADMINISTRATIVE LAW
VISLOGUBOVA Oksana Igorevna
adjunct of Constitutional and administrative law sub-faculty of the Krasnodar University of the MIA of Russia
THE EMERGENCE OF NEW CATEGORIES OF ROAD USERS: HISTORY, STAGES, PROSPECTS
The article, which was prepared based on the results of the dissertation research for the degree of Candidate of Legal Sciences, examines the historical and legal aspects of the emergence of new categories of road users. The author analyzes the measures of public administration in the field of road safety taken when various new road users for their time appear and deduces the stages of securing their legal status characteristic of such a situation. The author’s solutions to the problems associated with the emergence of new road users are proposed.
Keywords: new categories of road users, stages of formation, prohibitive measures, prospects for new types of vehicles, regulatory measures, adaptation of legislation, construction of appropriate infrastructure, admission to participation in road traffic, regulation of the legal status of new categories of road users.
Work bibliographic list
1. Shlenkin A. A. «invention of the bicycle» as a stage in the development of a human vehicle // In the world of scientific discoveries: Proceedings of the V International Student Scientific Conference, Ulyanovsk, May 20-21, 2021. – Ulyanovsk: Ulyanovsk State Agrarian University. P. A. Stolypin, 2021.
2. Belyukov D. A. From the history of the development of cycling in Russia (the end of the 19th beginning of the 20th century) // New Historical Bulletin. – 2011. – № 28.
3. Shevchenko P. N. Development of a road safety system in the Russian Empire (XIX – early XX centuries) // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – № 9.
4. Zatolokin A. A. Improving the legal and organizational basis for the activities of the State Traffic Inspectorate for the registration and accounting of vehicles as a public service // Bulletin of the KRU of the Ministry of Internal Affairs of Russia. – 2010. – No. 4. – P. 148.
5. Mayorov V. I. Modernization of the control and supervision system: a new regulatory policy // Administrative law and process. – 2019. – No. 11.
ADMINISTRATIVE LAW
YAVNAYA Tatyana Aleksandrovna
student of the Institute of History and Public Administration of the Bashkir State University
PSHIBYLSKIY Daniil Yurjevich
student of the Institute of History and Public Administration of the Bashkir State University
LOSS OF CULTURAL HERITAGE OBJECTS: FROM LEGAL CONFLICTS TO CONSERVATION METHODS
The article examines the legal problems of bringing to responsibility for the loss of cultural heritage objects. The main legal conflicts are described and examples based on court proceedings on objects of cultural heritage of Ufa are shown. The main measures for solving these conflicts in modern legal theory are described and comments on them are given. The author points out some recommendations for solving the problem of preserving cultural heritage objects and notes actual problems that require legal clarification.
Keywords: OKN, cultural heritage, adjustment of legislation, administrative law, criminal law.
Work bibliographic list
1. Martysheva O. M. Article 243 of the Criminal Code of the Russian Federation and Article 7. 14. 1 of the Code of Administrative Offenses of the Russian Federation: fundamental differences // Innovative science. – 2016. – No. 4. – pp. 156-157.
2. Khalikov I. A. Violation of the requirements for the preservation and use of objects of cultural heritage: problems of qualification and delimitation from related offenses // Library of Criminal Law and Criminology. – 2017. – No. 3 (21). – pp. 175-180.
3. Shalagin A.E. Criminal law protection of monuments of history and culture in the Russian Federation // Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (10). – pp. 96-101.
4. Khalikov I. A. On the issue of a special subject of a crime under article 243. 1 of the Russian Federation Code // Bulletin of the Udmurt University. Series “Economics and Law”. – 2017. – No. 6 (27). – pp. 150-153.
5. Lebedev A.I., Matveeva L.D., Usmanov I.Yu. Problems of preservation and rational use of cultural heritage in the Republic of Bashkortostan: economic and legal aspects // Vestnik UGNTU. Science, education, economics. – 2013. – No. 3 (5). – pp. 44-48.
MUNICIPAL LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
ANOKHINA Viktoriya Sergeevna
magister student of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
IMPROVEMENT OF PERSONNEL TECHNOLOGIES IN PERSONNEL MANAGEMENT OF REPRESENTATIVE BODIES OF LOCAL SELF-GOVERNMENT
The article reflects the issues of the application and improvement of personnel technologies in the management of the personnel of representative bodies of local self-government, examines the types of personnel technologies, assesses the possibility of their use in the management of the personnel of representative bodies of local self-government, proposes the introduction of such personnel technologies as an evaluation interview with the staff of a representative authority, based on the results of which a rating of municipal employees is formed. To conduct an evaluation interview with municipal employees, it is proposed to develop a sample of feedback on problems and achievements in the activities of a municipal employee.
Keywords: personnel technologies, municipal employees, representative bodies of local self-government, evaluation interview, rating
Work bibliographic list
1. Mitin A. N., Shaykhatdinov V. Sh. Law of the state and municipal service. – M.: «Prospect», 2017. – P. 16.
2. Technology of personnel management: Handbook of a manager / Comp. P. V. Zhuravlev, S. A. Kartashov, N. K. Mausov, Yu. G. Odegov. – M.: Exam, 2015. – P. 56.
3. Matveev VV Foreign experience of public service personnel management and its adaptation to the conditions of Russia // State and municipal management. Scientific notes. – 2020. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zarubezhnyy-opyt-upravleniya-personalom-gosudarstvennoy-sluzhby-i-ego-adaptatsiya-k-usloviyam-rossii.
4. Andryukhina I. Yu. Improvement of personnel policy in the system of state civil service: foreign experience // Bulletin of the Expert Council. – 2021. – No. 2 (25). – pp. 14-18. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=46279796.
MUNICIPAL LAW
MIRZAEV Mirza Abdullaevich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Dagestan State University
PERSONNEL POTENTIAL OF THE MUNICIPAL SERVICE: RECRUITMENT AND PLACEMENT OF PERSONNEL
The article deals with the problems of the formation of the personnel potential of the municipal service, as well as the features of the selection, evaluation and placement of personnel of municipal employees. The relevance of the topic of the article is due to the fact that in modern conditions there is a constant shortage of highly qualified specialists in the field of municipal service who are able to solve and implement issues at the level of their competencies. The ways of increasing the efficiency of the personnel potential of the municipal service are determined. In conclusion, conclusions are drawn about the need to improve the legislation regulating the personnel potential of municipal employees, as well as ways to solve the problems considered.
Keywords: personnel potential, municipal service, recruitment and placement of personnel, personnel reserve, legislation, competence of personnel.
Work bibliographic list
1. Anpilogov V. S. Mechanisms and specifics of the formation of personnel policy in the system of municipal service // Bulletin of the Voronezh Institute of Economics and Social Management. – 2020. – No. 3. – pp. 54-58.
2. Bychkova N. P., Bovel E. A. The main directions of improving the procedure for selecting personnel for the municipal service // Natural Humanitarian Studies. – 2018. – No. 20(2). – pp. 23-25.
3. Vysotsky I.V., Luchnikova N.S., Chmutina E.V. Development of the personnel potential of the municipal service in modern conditions // Actual problems of development of economics and management in modern conditions: materials of the II Intern. scientific-practical. conf. / Rev. ed. I.L. Surat. – M., 2019. – pp. 279-287.
4. Zhelninskaya A. A., Novikova L. A. The main problems of the formation of the personnel potential of the municipal service in modern conditions // Bulletin of the Voronezh Institute of High Technologies. – 2019. – No. 4 (31). – pp. 85-87.
5. Kurshieva N. M. The procedure for recruiting personnel in local governments, state and municipal management in the XXI century: theory, methodology, practice. – 2013. – No. 6. – P.133-137.
6. Orlova A. S., Parkhomchuk M. A. Ways to solve the problems of forming the personnel potential of the state and municipal service in modern conditions // Youth and systemic modernization of the country: collection of articles. Art. 4th Intern. scientific conf. students and young scientists. – Kursk, 2019. – 287-290.
7. Furman E. N. Personnel potential of local governments: problems and ways of development // Theoretical and applied problems of modern science and education: materials of the international. scientific-practical. conf. – Kursk, 2019. – pp. 513-524.
8. Khamzina R. R. Personnel potential of the municipal service as a form of improvement of local self-government // The role of local self-government in the development of the state at the present stage: Sat. tr. V international scientific-practical. conf. / Ed. S. P. Kosarin, I. V. Milkina. – M., 2020. – pp. 374-375.
9. Shvydko K. I. On the development of the personnel potential of the municipal service of the Russian Federation in modern conditions // Social and economic development of Russia: problems, trends, prospects: collection of articles. scientific Art. 19th Intern. scientific-practical. conf.: in 5 volumes – M., 2020. – pp. 322-324.
10. Yusupova T. A. Tasks and principles of personnel policy in local governments // Trends in the development of science and education. – 2020. – No. 66-2. – pp. 154-157.
11. Lukashchuk V. I. Evaluation of the effectiveness of local self-government bodies in the formation of the personnel potential of the municipal service // Vector of the economy: electronic scientific journal. – 2022. – No. 2 (68). – P. 3. [Electronic resource]. – Access mode: www.vectoreconomy.ru (date of access: 04.07.2022).
MUNICIPAL LAW
OMRAN Bashar
postgraduate student of Municipal law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MECHANISMS OF FORMATION OF LOCAL ADMINISTRATION BODIES IN THE SYRIAN ARAB REPUBLIC
It is quite difficult to organize the effective work of government in countries with a diverse population, traditions and geographical landscapes, and this process is much more difficult in a country that is in constant war and under sanctions. It is for this reason that the mechanisms for the formation of local administration bodies operating in the Middle East region are of interest. In this article, through the prism of various arguments, the author analyzes three main mechanisms: elections, appointments and mixed. Each of these mechanisms satisfies the needs of the Syrian Arab Republic to one degree or another, but not one of them is fully reflected. Based on the current situation, paying attention to the problems that arose after the government’s attempt to transform the management process, as well as analyzing the facts and opinions cited, the author comes to the conclusion that the democratic approach to solving these problems is not always the only correct one. Based on the results of the work done, the author gives recommendations for solving the problems that have arisen and achieving the set goals: effective implementation of their powers by local administrations and councils, increasing the political and legal literacy of the population, increasing the investment attractiveness of the regions and the country as a whole.
Keywords: local administration, local councils, central government, state power, decentralized power, election, democracy, local authorities, independence, members of local councils, institution of power, administrative competencies.
Work bibliographic list
1. The Constitution of the Syrian Arab Republic (adopted by referendum on February 26, 2012) [Electronic resource]. – Access mode: http://worldconstitutions.ru/?p=459 (date of access: 06/09/2022).
2. Law “On Local Administration” No. 107 of August 23, 2011 [Electronic resource]. – Access mode: http://www.parliament.gov.sy/arabic/index.php?node=201&nid=4390&ref=tree (accessed 06/09/2022).
3. Attar F. Administrative law: a comparative study. Cairo Library. – Cairo, 1970.
4. Nakhili S. Administrative law. – Baath University, 2013.
5. Farida M. Local People’s Councils within the System of Political Pluralism in Algerian Legislation: dis. … cand. legal Sciences. – Konstantin, 2005.
6. Hamdi A. M. Modern trends in local administration systems: dis. … cand. legal Sciences. Ain Shams University. – Egypt, 1973.
7. Waline M. Droit Administration, 9e edition. – Paris, 1963.
8. Vedel G. Droit Administratif, 5éd, série themis, 1972.
MUNICIPAL LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
TIKHOMIROVA Ekaterina Nikolaevna
magister student of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
COMPETENCE ASSESSMENT IN THE SYSTEM OF STATE CIVIL AND MUNICIPAL SERVICE
The article substantiates the introduction of competence assessment into the system of state civil and municipal service, examines the types of competencies of state civil and municipal employees, proposes an annual competence assessment of the personnel of public authorities and local self-government. For its implementation, it is necessary to develop regulations and tools that will allow state authorities and local governments to identify the level of competence of employees.
Keywords: competence, competence assessment, civil and municipal employees, public authorities and local self-government.
Work bibliographic list
1. Handbook of qualification requirements for specialties, areas of training, knowledge and skills that are necessary to fill positions in the state civil service, taking into account the area and type of professional service activity of state civil servants // Ministry of Labor of Russia.
2. Tikhomirov Yu. A. Theory of competence. – M.: Yuriinformtsentr, 2001. – S. 55-56.
3. Basinskaya I. V. Competence-based approach to human resources management // Humanitarian and economic bulletin. – Minsk: Humanitarian and economic bulletin. – No. 3. – P. 121.
4. Vasilyeva E. A. Professional activity of civil servants: a competence-based approach // Bulletin of St. Petersburg University. Sociology. – 2019. – T. 12. – Issue. 4. – S. 332.
5. Borodina A. V. “Competencies of the future” and peculiarities of their formation among students in the programs of additional professional education (on the example of state and municipal government) // Bulletin of VEGU. – 2018. – No. 6 (98). – S. 15–27.
6. Andryukhina I. Yu. Improvement of personnel policy in the system of state civil service: foreign experience // Bulletin of the Expert Council. – 2021. – No. 2 (25). – S. 14-18. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=46279796.
CIVIL LAW
AVAKYAN Alesya Mnatsakanovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Law Faculty of the Kuban State University
ROGALSKAYA Darya Sergeevna
student of the Law Faculty of the Kuban State University
СERTAIN ISSUES OF LEGAL REGULATION OF MORTGAGE INSURANCE IN THE RUSSIAN FEDERATION
The article considers the actual issues of the implementation of the rules of the complex mortgage insurance contract. The problem connected with the limited number of insured events in the personal insurance contract is noted, and the aspect of forcing the debtor to conclude a voluntary life and health insurance contract under the threat of an increase in the interest rate in the mortgage loan agreement is considered.
Keywords: mortgage insurance, insurance services, mortgage lending, interest rate, property insurance, personal insurance.
Work bibliographic list
1. Kovalenko E. Yu., Filippova T. A. Legal support of the interests of the parties to the mortgage lending agreement // Vestnik OmGU. Right. – 2019. – No. 1. – S. 42-47.
2. Sviridov O. Yu., Nekrasova I. V. Misseling as the main form of unfair sales of financial products in Russia: causes and methods of counteraction // State and municipal management. Scientific notes. – 2018. – No. 4. – P. 74-82.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
THE RIGHT OF A CITIZEN TO BURIAL AND PROTECTION OF BURIAL SITES
The article discusses the norms of civil legislation on the regulation of the rights of Russian citizens to burial. This right is given to citizens in accordance with the norms of federal legislation and other subordinate regulatory legal acts. Such a right is unique to the institutions of civil doctrine, since although every citizen knows about its existence during his lifetime, but the realization of this right is possible only with the death of a citizen. The problem of supermortality during the pandemic years has led to problems related to the implementation of this right. The shortage of burial sites and funeral services led the legislator to the possibility of solving funeral issues by creating new private structures. At the same time, the legislator has not yet decided how the right of citizens to burial will be respected and what possible actions during their lifetime will need to be carried out.
Keywords: civil legislation, the right to burial, funeral business, private cemeteries, burial sites.
Work bibliographic list
1. Table: Mortality in Russia by years. – [Electronic resource]. – Access mode: https://worldtable.info/gosudarstvo/smertnost-v-rossii-po-godam-tablica.html. (accessed 05.05.2022).
2. Mortality in Russia over the past year has become a record since the war – Vedomosti. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2021/11/29/898151-umershih-antirekord (Accessed 05.05.2022).
3. Funeral home “Ritual” Ryazan region. – [Electronic resource]. – Access mode: https://www.ritualryazan.com (accessed 05.05.2022).
4. Regions may be given the right to make decisions on the creation of private cemeteries – Parliamentary newspaper. – [Electronic resource]. – Access mode: https://www.pnp.ru/social/regionam-mogut-dat-pravo-prinimat-resheniya-o-sozdanii-chastnykh-kladbishh.html (accessed 05.05.2022).
5 . Organization of the funeral business in European countries. – [Electronic resource]. – Access mode: https://studme.org/355504/prochie/organizatsiya_pohoronnogo_dela_
evropeyskih_stranah (Accessed 05.05.2022).
6. Decision dated October 12, 2021 in case No. А46-11231/2021. – [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/oSE7fohxFNu/ (accessed 05.05.2022).
CIVIL LAW
AKSENOV Aleksandr Vladimirovich
postgraduate student of the Peoples’ Friendship University of Russia
THE CONCEPT OF A SMART CONTRACT IN THE LAW OF RUSSIA, BELARUS, THE EU AND THE USA
The article analyzes the definition of the concept of a smart contract in domestic and foreign legislation. The main steps of the Russian Federation to introduce the designated type of contract into the legal field are presented. The states that do not recognize smart agreements are listed. It has been studied that without considering the experience of foreign countries, the introduction of a smart contract in the Russian Federation will not be effective enough. In view of the above, the concepts of a smart contract in Belarus, the USA and the EU countries were analyzed. Based on the results of the study, conclusions were drawn about the prospects for the development of Russian legislation, about the positive and negative aspects of the type of contract under consideration.
Keywords: smart contract, cryptocurrency, blockchain, smart contract regulation, smart contract in foreign countries.
Work bibliographic list
1. Civil Code of the Russian Federation (Civil Code of the Russian Federation) (as amended on February 25, 2022). – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 05/18/2022).
2. Federal Law “On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation” dated March 18, 2019 No. 34-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 05/18/2022).
3. Federal Law “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation” dated July 31, 2020 No. 259-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 05/18/2022).
4. Decree of the President of the Republic of Belarus No. 148 “On Digital Banking Technologies” (signed April 18, 2019). – [Electronic resource]. – Access mode: https://president.gov.by/ru/documents/ukaz-148-ot-18-aprelja-2019-g-20911 (date of access: 05/18/2022).
5. Gavrilov V. N., Prokhorov N. A., Shakhnavazov A. A. Analysis of smart contracts as objects of civil rights in the legislation of the Republic of Belarus and the Russian Federation // Youth collection of scientific articles «Scientific aspirations». – 2020. – No. 27. – P. 11.
6. Gladkova S. B., Drobov D. E., Smirnova E. S. Legislative transformations in the area of concluding transactions in electronic form // Law and Law. – 2020. – No. 12. – P. 7.
7. Ermakova E. P., Frolova E. E. Legal regulation of digital banking in Russia and foreign countries (European Union, USA, China) // Bulletin of Perm University. Ser.: Jurid. Science. – 2019. – No. 46. – P. 619.
8. Efimova L. G., Mikheeva I. V., Chub D. V. Comparative analysis of doctrinal concepts of legal regulation of smart contracts in Russia and in foreign countries // Law Journal of the Higher School of Economics. – 2020. – No. 4. – P. 79.
9. Koshelev K. A. Definition of the category “digital financial assets”: economic, legal and accounting aspects // Innovations and investments. – 2021. – No. 2. – P. 6.
10. Osmolovskaya A.S. Smart contracts: functions and applications // Business education in the knowledge economy. – 2018. – No. 2 (10). – P. 19.
11. Rusakova E.P. Some issues of resolving financial disputes by arbitration centers in the socialist republic of Vietnam // Eurasian Law Journal. – 2019. – No. 8 (135). – P. 30.
12. De Filippi P. Blockchain technology as a regulatory technology. – [Electronic resource]. – Access mode: http://firstmonday.org/ojs/index.php/fm/article/view/7113/5657 (Accessed 05/18/2022) De Graaf T. From old to new: From internet to smart contracts and from people to smart contracts. Computer Law & security review. – 2019. – Issue 5. – Rp. 50.
13. Szabo N. Smart contracts // Phonetic Sciences. – [Electronic resource]. – Access mode: http://www.fon.hum.uva.nl/rob/Courses/InformationInSpeech/CDROM/Literature/LOTwinterschool2006/szabo.best.vwh.net/smart_contracts_2.html (accessed 18.05.2022).< br />14. On electronic identification and trust services for electronic transactions in the domestic market (eIDAS). – [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2014.257.01.0073.01.ENG.
CIVIL LAW
DASHIN Aleksey Viktorovich
Ph.D. in Law, professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
SEMENOVA Angelina Aleksandrovna
magister student of the 1st course of the Samara State University of Economics
RECOVERY OF THE AMOUNT OF ADMINISTRATIVE FINE AS COMPENSATION FOR DAMAGES
The article is devoted to topical problems of law enforcement in the field of recovery from guilty persons of administrative fines in recourse as compensation for real damage from a counterparty or another person guilty of causing non-contractual harm. The authors focus on the need to amend the current legislation of the norms governing the rights of third parties, as well as the institution of prejudice of recourse claims.
Keywords: administrative fine, damages, recourse claim, real damage, guilty person, prejudice.
Work bibliographic list
1. Civil law: Textbook: In 3 volumes / Ed. A. P. Sergeev, Yu. K. Tolstoy. 4th ed., revised. and additional – M.: TK Velby; Prospect, 1999. – Vol. 1. – P. 533.
2. Civil Law: Textbook. T. 1 / Ed. E. A. Sukhanova. – M., 2000. – S. 431.
3. Karapetov A. G. Models of protection of civil rights: an economic view // Bulletin of economic justice of the Russian Federation. – 2014. – No. 11. – S. 24-80; No. 12. – P. 24-73.
4. Leist O. E. Sanctions and responsibility under Soviet law. – M., 1981. – S. 166.
CIVIL LAW
KOMAREVTSEVA Irina Alekseevna
Ph.D. in Law, 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
THE SYSTEM OF PRINCIPLES OF RUSSIAN INHERITANCE LAW: DEVELOPMENT TRENDS
The study of the issue of the system of principles of inheritance law is particularly relevant in the context of the reform of the Russian inheritance legislation. To date, the most significant principles of modern Russian inheritance law include the principle of universality of hereditary succession and the principle of freedom of will. The authors emphasize that at the present stage, the content of these principles has received its normative consolidation for the first time in the history of Russian inheritance legislation. The article notes that, taking into account the continuity of legal regulation of property inheritance relations, the modern system of principles of Russian inheritance law largely repeats the system of principles of inheritance law that developed during the Soviet period of the development of inheritance legislation.
Keywords: inheritance law, principles of inheritance law, universality of hereditary succession, freedom of will.
Work bibliographic list
1. Civil law: textbook: in 4 volumes / Responsible. ed. E. A. Sukhanov. – Moscow: Statute, 2019.
2. Kirillova E. A. The meaning and role of the principles of inheritance law // Bulletin of the Perm University. Legal Sciences. – 2012. – No. 3. – pp. 114-124.
3. Nikityuk PS Inheritance law and hereditary process. – Kishinev: Shtiintsa, 1973.
4. Punko T. N. Principles of inheritance law // Russian justice. – 2012. – No. 11. – P. 31 – 33.
5. Serebrovsky V. I. Selected Works. – M.: Statut, 1997.
6. Soviet civil law: textbook. – M.: Yurid. lit., 1983.
7. Tolstoy Yu. K. Inheritance law: textbook. – M., 1999.
8. Cheremnykh GG Inheritance law in Russia: textbook. – M., 2009.
CIVIL LAW
LUKMANOVA Irina Nikolaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the All-Russian State University of Justice, Sochi (RLA of the Ministry of Justice of Russia)
PECULIARITIES OF INHERITANCE INTELLECTUAL RIGHTS IN THE RUSSIAN FEDERATION
In the article, the author considers the features and identifies some problems of inheritance of certain categories of intellectual rights: exclusive law, personal non-property rights and other intellectual rights. The categories of intellectual rights that are not subject to inheritance are determined. It has been established that the problem of confirming the existence of such rights is the main one in the inheritance procedure. It was concluded that it is necessary to amend the current legislation of the Russian Federation in order to specify the norms on the inheritance of intellectual rights.
Keywords: inheritance; intellectual rights, exclusive right, personal non-property rights, other intellectual rights.
Work bibliographic list
1. Kosinkov VV Inheritance of intellectual rights: dis. &helli; cand. legal Sciences. – Saratov, 2017. – 224 p.
2. Blinkov O. E. New Russian legal order in the field of inheritance of copyright and related rights // Inheritance Law. – 2008. – No. 1. – pp. 8-10.
3. Gavrilov E. P. Inheritance of intellectual rights // Patents and licenses. – 2008. – No. 3. – pp. 21-27.
4. Rozhkova M. A. “Triad” Intellectual Property Rights: Is the Legislative Approach Correct // Journal of the Intellectual Property Rights Court. – 2016. – No. 11. – pp. 14-18.
5. Novoselova L., Kolzdorf M. Name of the place of origin of goods: problems of regulation and directions of development // Economy and law. – 2017. – No. 5. – pp. 3-11.
6. Verkholetov M.A. On some features of the inheritance of the exclusive right to a commercial designation // Inheritance Law. – 2016. – No. 3. – pp. 33-36.
7. Grishaev S. P. Inheritance law: educational and practical guide. – M.: Prospekt, 2017. – 184 p.
8. Serebrovsky V. I. Civil law. Textbook. – M.: NKJU USSR, 1944. – 231 p.
9. Folgerova Yu. N. Inheritance of personal non-property rights of the author of the work // Actual problems of law in Russia and the CIS countries 2010: materials of the XII International scientific and practical conference with elements of a scientific school. – Chelyabinsk, 2010. – pp. 314-319.
10. Korobeynikova T. S. The powers of heirs in relation to the author’s personal non-property rights included in the inheritance // Baltic Humanitarian Journal. – 2021. – No. 2 (35). – pp. 355-358.
CIVIL LAW
MAKSIMOVA Elena Vyacheslavovna
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise, Institute for the Humanities, Peter the Great St. Petersburg Polytechnic University
OVCHINNIKOVA Elizaveta Olegovna
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
PROBLEMS OF CONCLUDING A HEAT SUPPLY CONTRACT
The article is aimed at studying the kind of the heat supply contract, the analysis of the essence and content of housing and legal norms. In the course of the study, the author identifies existing problems that arise in the process of concluding heat supply contracts, in particular, the emphasis is on new construction and reconstruction facilities. Based on the studied materials of judicial practice, the author suggests ways to improve the legal mechanism for regulating this sphere of public relations.
Keywords: heat supply contract, resource-supplying organization, power plant, heat supply system, subscriber.
Work 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) // Collection of Legislation of the Russian Federation. – 07/01/2020. – No. 31. – Art. 4398.
2. Federal Law of July 27, 2010 N 190-FZ “On Heat Supply” // Collection of legislation of the Russian Federation of August 2, 2010 – No. 31. – Art. 4159.
3. Civil Code of the Russian Federation (Part Two) dated January 26, 1996 No. 14-FZ (as amended on July 1, 2021, as amended on July 8, 2021) (as amended and supplemented, effective from January 1, 2022) / / Collection of legislation of the Russian Federation of January 29, 1996 – No. 5. – Art. 410.
4. Order of the Ministry of Energy of the Russian Federation dated March 24, 2003 N 115 “On approval of the Rules for the technical operation of thermal power plants”// Rossiyskaya Gazeta dated September 16, 2003 – No. 184.
5. The decision of the Arbitration Court of the city of St. Petersburg and the Leningrad Region dated July 12, 2016 in case No. A56-96731 / 2015. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/AO2J64ZFGdQV/?/ (date of access: 24.04.2022).
6. Resolution of the Thirteenth Arbitration Court of Appeal dated December 19, 2017 in case No. А56-96731/2015. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/f7hzXi5QVOm3/?/ (date of access: 24.04.2022).
7. Decree of the Government of the Russian Federation of August 8, 2012 No. 808 “On the organization of heat supply in the Russian Federation and on amendments to some acts of the Government of the Russian Federation”// Collection of legislation of the Russian Federation of August 20, 2012 – No. 34. – Art. 4734.
8. Decree of the Government of the Russian Federation of November 30, 2021 N 2115 “On approval of the Rules for connection (technological connection) to heat supply systems, including the rules for non-discriminatory access to services for connection (technological connection) to heat supply systems, the Rules for non-discriminatory access to services for the transmission of heat energy, coolant, as well as on the amendment and invalidation of certain acts of the Government of the Russian Federation and certain provisions of certain acts of the Government of the Russian Federation. // Collection of Legislation of the Russian Federation of December 6, 2021 – No. 49 (Part II). – Art. 8301.
9. Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 16, 2010 No. VAS-4451/10. [Electronic resource]. – Access mode: https://base.garant.ru/1798675/?/ (date of access: 24.04.2022).
10. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on April 16, 2022) // Collection of Legislation of the Russian Federation of January 7, 2002 No. 1 (Part I) Art. 1.
11. Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of public services to owners and users of premises in apartment buildings and residential buildings” // Collection of legislation of the Russian Federation of May 30, 2011 – No. 22. – Art. 3168.
CIVIL LAW
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
POLICY OF THE RUSSIAN FEDERATION IN THE FIELD OF MIGRATION
The problem of population migration is relevant for the modern world, since migration affects public life and is due to a high degree of intensity of migration processes, which directly affects the interests of Russia as a host country. Therefore, it is necessary to purposefully influence the state on migration processes. Migration is an effective resource for ensuring the national interests of the country, migrants are full members of Russian society, and the fixed position of goals and objectives allows us to talk about a new historically unique stage in the development of migration policy. In this connection, consideration of the main stages in the formation of migration policy is of particular importance for the modern Russian state.
Keywords: migration policy, modern stage, Russian Federation, migration processes, migration registration, migrants, legislation in the field of migration.
Work bibliographic list
1. International Migrant Stock 2019 // United Nations, Department of Economic and Social Affairs. Population Division. (United Nations database, POP/DB/MIG/Stock/Rev.2019). 2019. [Electronic resource]. – Access mode: https://bit.ly/3ucTMPk (date of access: 08/22/2021). 0 P. 35.
2. Law of the Russian Federation of February 19, 1993 No. 4530-1 “On forced migrants” (as amended on December 08, 2020) // Gazette of the SND and the Armed Forces of the Russian Federation. – 1993. – No. 12. – Art. 427; 2020. – No. 50 (part 3). – Art. 8074.
3. Federal Law No. 4528-1 of February 19, 1993 “On Refugees” (as amended on December 08, 2020) // Gazette of the SND and the Armed Forces of the Russian Federation. – 1993. – No. 12. – Art. 425; 2020. – No. 50 (part 3). – Art. 8074.
4. Decree of the President of the Russian Federation of 09.10.2007 No. 1351 “On approval of the Concept of the demographic policy of the Russian Federation for the period up to 2025” (as amended on July 1, 2014) // SZ RF. – 2007. – No. 42. – Art. 5009; 2014. – No. 27. – Art. 3754.
5. Decree of the Government of the Russian Federation of February 22, 2019 No. 265-r “On the action plan for the implementation in 2019-2021 of the concept of the state migration policy of the Russian Federation for 2019-2025” (as amended on November 3, 2020) // SZ RF. – 2019. – No. 9. – Art. 869; 2020. – No. 45. – Art. 7192.
6. Decree of the Government of the Russian Federation of March 1, 2003 No. 256-r “On the Concept of Regulation of Migration Processes in the Russian Federation” // SZ RF. – 2003. – No. 10. – Art. 923.
7. Gainutdinova E. I. Migration processes in Russia: the main problems and the legal mechanism for their coordination // International public and private law. – 2019. – No. 4. – P. 4.
8. Mikhailishcheva V.D. Migration policy in the context of the national interests of the Russian Federation // Modern Science. – 2021. – No. 4-3. – S. 451.
CIVIL LAW
PETROV Nikolay Vladimirovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the North Caucasian Federal University
THE PROBLEM OF DETERMINING THE STATUS OF THE STATE IN CIVIL LEGAL RELATIONS ON AGRICULTURAL INSURANCE
Purpose: to substantiate the possibility of the participation of the state as an independent entity in civil law relations on agricultural insurance carried out with state support.
Results: creation of a scientific position that justifies the possibility of the participation of the state as an independent entity in civil law relations on agricultural insurance carried out with state support.
Relevance of the topic: the topic of scientific research chosen by the author is relevant, since the status of the state in civil law relations, especially in the field of agricultural insurance, is still debatable in the scientific community.
Scientific novelty: the scientific work has novelty, since it is an independent author’s study of one of the possible ways to resolve the issue of state participation in civil law relations.
Keywords: insurance, state, civil law relationship, state support, harvest
Work bibliographic list
1. Akmanov S.S. Agricultural insurance contract with state support: design, essential conditions and legal nature // Law and Politics. 2017. No. 2. P. 100-117.
2. Braginsky M.I. Participation of the Soviet state in civil legal relations. M.: Legal Literature, 1981. 190 p.
3. Goloviznin A.A. Some issues of participation in the civil circulation of public authorities (local government) // Economy and law. 1999. No. 6. P. 62-64.
4. Inzhieva B.B. Participation of the state in modern civil circulation. M.: Yustitsinform, 2014. 183 p.
5. Kirilova N.A. Civil liability of the state: author. dis. &helli; cand. legal Sciences. Moscow, 2003. 34 p.
6. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 19, 2018 No. 308-ES17-13889 in case No. A32-41315 / 2016 // Official portal of the Federal Arbitration Courts of the Russian Federation. [Electronic resource]. – Access mode: http://kad.arbitr.ru/Document/Pdf/b796900e-18c9-4fc5-bdd0-144c844548b7/33ea0597-8673-43d8-bea4-cd9003213f77/A32-41315-2016_20180119_Opredelenie.pdf? accessed 07/01/2022).
7. Decree of the Administration of the Volgograd Region dated January 25, 2016 No. 10-p // Official portal of the Volgograd Region 2019. [Electronic resource]. – Access mode: https://ksh.volgograd.ru/apk/strahovanie-rast/terms.php (accessed 07/01/2022).
8. Ryzhenkov A.Ya. Individualism and paternalism in civil legislation // UP. 2017. No. 3 (82). pp. 159-164.
9. Federal Law No. 260-FZ of July 25, 2011 “On State Support in the Sphere of Agricultural Insurance and on Amendments to the Federal Law “On the Development of Agriculture”” // SZ RF, 08/01/2011, No. 31, Art. 4700.
CIVIL LAW
RYZHENKOV Anatoliy Yakovlevich
Ph.D. in Law, professor, professor of Civil law and process sub-faculty of the Kalmyk State University
TSUGLAEVA Nina Viktorovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Kalmyk State University
ON NEW ECONOMIC AND LEGAL CONCEPTS OF WASTE MANAGEMENT IN THE CONTEXT OF RUSSIA’S TRANSITION TO A “GREEN” ECONOMY
Тhe article proves that the introduction of the circular economy concept in Russia will lead to a change in the existing legal model of waste management. The circular economy is a multi-level action plan for reducing the volume, recycling, waste disposal, changing consumer preferences of citizens and a number of other measures. The implementation of the tasks set by her will significantly change the existing traditional (“brown”) economic model, to take a step towards building a “green” economy in Russia and other countries of the world. The transition to a new model requires not only changes in environmental legislation, but also a revision of the system of civil law contracts, new approaches to spending budget funds, changes in tax, municipal, medical, sanitary legislation.
Keywords: “Green” economy, waste, sustainable development, pollution, natural resources, ecology, climate, circular economy, European Commission, China, municipality, harm, digital pay-ment form.
Work bibliographic list
1. Abezin D. A., Anisimov A. P. The theory of the circular economy and the prospects for its influence on the legislation on production and consumption waste // Humanitarian and legal research. – 2018. – No. 3. – pp. 143-149.
2. Alabaeva N. S., Velitskaya S. V., Malakhova O. S. Principles of the circular economy in the USSR // International Journal of the Humanities and Natural Sciences. – 2019. – No. 6-1. – P. 94.
3. State report “On the state and protection of the environment of the Russian Federation in 2020”. – Moscow: Ministry of Natural Resources of Russia; Moscow State University M. V. Lomonosov, 2021. – P. 265.
4. Ponomarev M. V. Legal regulation of environmental protection in the treatment of production and consumption wastes: author. dis. &helli; cand. legal Sciences. – M., 2019. – P. 19.
5. Tupitsyna A. A., Esipova O. V. Circular economy strategy – the right choice for modern Russia? // Problems of modern science and education. – 2018. – No. 1. – pp. 24-27.
6. Botezat E. A., Dodescu A. O., Văduva S., Fotea S. L. An Exploration of Circular Economy Practices and Performance Among Romanian Producers // Sustainability. – 2018. – Vol. 10. – P. 3-7.
7. Heshmati A., Rashidghalam M. Assessment of the urban circular economy in Sweden // Journal of Cleaner Production. – 2021. – Vol. 310. – P. 2.
8. Grigoryan A. A., Borodavkina N. Yu. The Baltics on their way to a circular economy // Baltic Region. – 2017. – Vol. 9. – No. 3. – R. 5.
9. Gu Y. Carbon Capture and Storage Policy in China. – [Electronic resource]. – Access mode: https://scholarship.law.columbia.edu/sabin_climate_change/29/ (accessed 20.06.2022).
10. Yalçın N. G., Foxon T. J. A systemic approach to transitions towards circular economy: The case of Brighton and Hove // Cleaner Environmental Systems. – 2021. – Vol. 3. – P. 5-7.
CIVIL LAW
TKACHEVA Mariya Aleksandrovna
P.D. in Law, senior lecturer of International private and entrepreneurial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
ON THE CORRELATION OF CIVIL COERCION WITH THE PROTECTION OF THE RIGHT AND LEGAL RESPONSIBILITY
The article examines the question of the correlation of civil coercion with related categories of protection and liability in civil law. Analyzing these concepts, the author comes to the conclusion that coercion and responsibility are inseparable from protection in civil law. Coercion is a sign of protection, which will give it a legal character. At the same time, this circumstance cannot be an obstacle to the consideration of civil law coercion as an independent legal category.
Keywords: civil coercion, civil law protection, liability, civil law remedy, protective law.
Work bibliographic list
1. Agarkov M. M. Problems of obligations from causing harm // Selected works on civil law. In 2 volumes. T. 2. T. 2. M .: JSC «Tsentr YurInfoR», 2002. 452 p.
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3. Basin Yu. G., Didenko A. G. Protection of subjective civil rights // Legal Sciences. Issue. 1. Alma-Ata: Kaz. un-ta, 1971. P.3-11.
4. Bolgova V. V., Churakov A. N. On the question of the ratio of protection measures and measures of responsibility in law // Bulletin of the Volga University. V. N. Tatishcheva. Ser. “Jurisprudence”. 2000. Issue. 11. P.109-114.
5. Braginsky M.I., Vitryansky V.V. Contract Law: General Provisions. M.: Statut, 1997. S. 848.
6. Varul P.A. On some theoretical issues of protection of subjective civil rights // Problems of the conceptual apparatus of the sciences of civil and civil procedural law. Yaroslavl, 1987. P. 21-24.
7. Vitryansky VV Problems of arbitration-judicial protection of civil rights of participants in property turnover: Dis. &helli; doc. legal Sciences in the form of a scientific report. M., 1996. 55p.
8. Volozhanin V.P. Forms of protection of subjective civil rights // Jurisprudence. 1971. No. 6. P. 85-87.
9. Civil law. Textbook. Part one / Under the general. ed. T. I. Illarionova, B. M. Gongalo and V. A. Pletnev. M.: Publishing group NORMA-INFRA M, 1998.
10. Civil Law: Textbook. In 3 volumes. T. 1. / Under. ed. A. P. Sergeeva. M.: TK Velby, 2008. 844 p.
11. Civil law. Textbook. Part 1. / Pod. ed. A. P. Sergeev, Yu. K. Tolstoy. M.: TEIS, 1996.
12. Civil law. Part One: Textbook / Under. ed. A. G. Kalpina, A. I. Maslyaeva. Moscow: Yurist, 1997. 472 p.
13. Civil Law: Textbook / Ed. ed. V. F. Yakovleva. M.: Publishing house of RAGS, 2003. 503 p.
14. Civil Law: Part One: Textbook / Under. ed. V. P. Kamyshansky, N. M. Korshunov, V. I. Ivanov. M.: Eksmo, 2007. 543 p.
15. Civil law. In 4 volumes. T. 1. / Ed. Sukhanova E. A. M.: VoltersKluver, 2006. 720p.
16. Gribanov V.P. Responsibility for violation of civil rights and obligations// Implementation and protection of civil rights. M.: Statut, 2020. S. 287-358.
17. Gribanov V.P. Limits of implementation and protection of civil rights // Implementation and protection of civil rights. M.: Statut, 2020. S. 21-214.
18. Dal V. Explanatory dictionary of the living Great Russian language: In 4 volumes. T. 1. M .: Russian language, 1989. 723 p.
19. Eliseikin P.F. On the concept and place of protective relations in the mechanism of legal regulation // Legal guarantees for the application of law and the regime of socialist legality in the USSR. Yaroslavl, 1975. Issue. 1. P. 5-10.
20. Illarionova T. I. The mechanism of action of civil law protective measures: Textbook. Sverdlovsk: UrGU, 1980. 76 p.
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23. Karkhalev V. A. Correlation of measures of protection and measures of responsibility in the civil law of Russia. Dis. &helli; cand. legal Sciences. Yekaterinburg, 2003. 180 p.
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29. Malein N. S. Civil Law and Personal Rights in the USSR. M.: Legal Literature, 1981. 216 p.
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33. Pokrovsky I. A. Main problems of civil law. M.: Statut, 1998. 351 p.
34. Puginsky B. I. Civil law means in economic relations // Selected Works. M.: Yurait Publishing House, 2020. S. 29-192.
35. Puchnin A.S. Coercion and law: Dis. &helli; cand. legal Sciences. Moscow, 2002. 234 p.
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41. Khokhlov V. A. Civil liability for breach of contract: Diss. &helli; doc. legal Sciences. Samara, 1998. 349 p.
42. Shevchenko A.S. Protective legal relations in the mechanism of protection of subjective civil rights // Mechanism for the protection of subjective civil rights. Collection of scientific papers. Yaroslavl, 1990. S. 27-36.
43. Yavich L. S. Essence of law. M.: Izd-vo LSU, 1985. 207 p.
44. Yakovlev VF Coercion in civil law // Problems of modern civil law: Sat. Art. M.: Gorodets, 2000. S. 210-223.
CIVIL LAW
SMIRNOVA Tatyana Vladimirovna
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
NOTARIAL CERTIFICATION OF REAL ESTATE TRANSACTIONS IN THE RUSSIAN FEDERATION
The article considers such a topical issue for the modern civil circulation as the notarial certification of real estate transactions. Based on scientific works, an analysis of the positive and negative features of this legal phenomenon is carried out, taking into account the changes in legislation. The attention is focused on the contract of the real estate gift promise in the future in the context of the imperative abolition for its mandatory state registration. The need to introduce the mandatory certification of individual real estate transactions is noted.
Keywords: real estate, real estate transactions, notary, notarial certification, gift agreement, gift promise in the future, civil circulation.
Work bibliographic list
1. Constitution of the Russian Federation: adopted by popular vote on 12/12/1993: with changes approved during the nationwide vote on 07/01/2020 // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 26.02.2022).
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on December 21, 2021; (as amended and supplemented, entered into force on March 1, 2022) // Collection of Legislation of the Russian Federation. 1994. No. 32. Article 3301.
3. Civil Code of the Russian Federation (Part Two) dated January 26, 1996 No. 14-FZ (as amended on July 1, 2021, as amended on July 8, 2021; as amended and supplemented , entered into force on 01.01.2022) // Collection of Legislation of the Russian Federation. 1996. No. 5. Article 410.
4. Fundamentals of the legislation of the Russian Federation on notaries: approved by the Supreme Court of the Russian Federation on 11.02.1993 No. 4462-1 ( dated 02.07.2021; with amendments and additions, effective from 29.12.2021) // Gazette of the SND and the Armed Forces of the Russian Federation. 1993. No. 10. Article 357.
5. Federal Law of 13.07 .2015 No. 218-FZ “On state registration of real estate” (as amended on 12/30/2021; with amendments and additions, effective from 03/01/2022) // Collection of Legislation of the Russian Federation. 2015. No. 29 (part I 4344.
6. Civil Code of the RSFSR: approved by the Supreme Council of the RSFSR on June 11, 1964 (as amended on November 26, 2001) // Gazette of the Supreme Soviet of the RSFSR, 1964, No. 24, Article 407. (lost force).
7. Gryzykhina E.A. On the notarial form of real estate transactions // Bulletin of Omsk University. 2016. No. 3 (48). pp. 114-117.
8. Komyshev M.V. On the issue of mandatory notarization of donation promise agreements // Epomen. 2021. No. 62. P. 64-70.
9. Kurmanbaev M.M. On the notarial form of transactions with real estate // In the collection: Actual trends and innovations in the development of Russian science: a collection of scientific articles / Nauch. ed. S.P. Akutina. Moscow, 2021, pp. 114-116.
10. Shumilova S.A. Notarial form of a transaction as the meaning of its content // Scientific almanac. 2018. No. 4-1 (42). pp. 266-271.
11. Appeal ruling of the Bryansk Regional Court dated January 29, 2019 in case No. 33-256 / 2019 // ATP “Consultant Plus”.
12. Decision of the Gorodetsky City Court of the Nizhny Novgorod Region dated December 16, 2020 in case No. 2-1411/2020 // Judicial decisions of the Russian Federation. [Electronic resource]. – Access mode: http: //judicial decisions.rf/56058353 (date of access: 03.03.2021).
13. Decision of the Ivanteevsky City Court of the Moscow Region 16 dated 10/05/2019 in case No. 2-1142/2019 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/3rNeunPaV4oK/ (date of access: 03.03.2021).
14. Rusakova E.P., Frolova E.E. Current problems of digital justice in the BRICS countries // Smart Innovation, Systems and Technologies. 2022. V. 254. P. 143-153.
15. Begichev A.V., Frolova E.E. to the question of systematization of sources of normative legal regulation of notarial activities // Bulletin of the International Institute of Informatization and Public Administration named after V.I. P.A. Stolypin. 2016. No. 4. P. 52-65.
16. 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 Innovation, Systems and Technologies. 2022 Vol. 254. C. 121-130.
CIVIL LAW
YUSUPOVA Zilya Fanilovna
Notary of the Volga Federal District of the Republic of Bashkortostan, Chekmagushevsky District
TESTAMENTARY REFUSAL IN INHERITANCE LAW: PROBLEMS OF APPLICATION
In the article, the author, based on an analysis of the current Russian legislation, considers current problems related to the application of a testamentary refusal. The author defines the concept and features of the testament refusal and identifies the conditions for its implementation. Some problems of the execution of the probate refusal by the heirs were noted. It has been established that of particular importance is the problem of fulfilling the obligation to grant the waiver the right to use the residential premises. In conclusion, proposals were formulated to improve the legal regulation of the implementation of the testamentary refusal.
Keywords: inheritance law, inheritance, will, freedom of will, rights of heirs, testamentary refusal, testamentary disposition.
Work bibliographic list
1. Demina I. A., Omelchenko E. S. Testamentary refusal in inheritance law: theory, practice and problems of application // Science. Society. State. – 2019. – No. 1. – pp. 121-128.
2. Kobchikova E. V., Makarov T. G. Legal problems of testamentary refusal // Siberian Legal Review. – 2018. – No. 4. – pp. 411-416.
3. Modanov VV Some features of the legal regulation of the institution of testamentary dispositions in the civil law of the Russian Federation // Law and Law. – 2015. – No. 5. – pp. 71-74.
4. Akhmadullina E. I. Sub-appointment of an heir as a special type of testamentary disposition // Student science of the XXI century. – 2016. – No. 1-2 (8). – pp. 273-276.
5. Komarevtseva I. A., Melnikova M. P. General characteristics and critical analysis of some provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “on judicial practice in cases of inheritance” // Leningrad legal journal. – 2013. – No. 2 (32). – pp. 133-137.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 4th course of the Faculty of History and Law of the Kuzbass Humanitarian Pedagogical Institute of the Kemerovo State University
In the issue of the legal nature of a smart-contract
The article examines the concept and legal nature of a smart contract based on the analysis of the provisions of the current legislation, the opinions of legal scholars, and the features of Blockchain technology. Four main approaches to the legal essence of the phenomenon under consideration have been identified: a smart contract as a program code, as a way to ensure the fulfillment of obligations, as a way to fulfill obligations, as a contract. The opinion is substantiated that a smart contract can be both the basis for the occurrence of an obligation and the method of its execution. The ways of including essential conditions in the smart contract program code, as well as the possibility of applying civil law norms on contract modification, as well as on the grounds and consequences of invalidity of transactions, are investigated.
Keywords: smart-contract, legal nature, program code, method of ensuring fulfillment of obligations, method of fulfillment of obligations, contract, Blockchain.
Work bibliographic list
1. Bogdanova E. E. Problems of using smart contracts in transactions with virtual property // Lex Russica (Russian law). – 2019. – No. 7. – pp. 108-118.
2. Volos A. A. Civil law essence of a smart contract // Lawyer. – 2019. – No. 7. – pp. 23-28.
3. Efimova L. G., Sizemova O. B. Legal nature of a smart contract // Banking Law. – 2019. – No. 1. – pp. 21-28.
4. Kamalyan V. M. The concept and legal features of smart contracts // Lawyer. – 2019. – No. 4. – pp. 20-27.
5. Savelyev A. I. Contract Law 2.0: “smart” contracts as the beginning of the end of classical contract law // Bulletin of civil law. – 2016. – No. 3 – pp. 32-60.
6. Fedorov D. V. Tokens, cryptocurrency and smart contracts in domestic bills from the position of foreign experience // Bulletin of Civil Law. – 2018. – No. 2. – pp. 30-74.
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
FORMATION AND DEVELOPMENT OF THE INSTITUTION OF CIVIL LIABILITY FOR BREACH OF OBLIGATIONS IN DOMESTIC CIVIL LAW
This research is devoted to the formation and development of civil liability for violation of a contractual obligation. Various sources of civil law and historical stages that had a significant impact on the development of the institution of responsibility are considered. Excerpts from the laws and the vision of jurists on the institution of civil liability are presented, the basic principles that are typical for the type of responsibility under research are indicated. The main trends in the development of the institution of civil liability for violation of an obligation are named. According to the results of the research, the conclusions are presented.
Keywords: civil liability, contractual obligation, institution, law, coercive measures, punishment, law.
Work bibliographic list
1. The Civil Code of the RSFSR of 1922 with article-by-article systematized materials / Ed. S. Alexandrovsky. – M., 1925.
2. Civil Code of the RSFSR 1964. – [Electronic resource]. – Access mode: SPS Consultant Plus (date of access: 05/25/2022).
3. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022). – [Electronic resource]. – Access mode: SPS Consultant Plus (date of access: 05/25/2022).
4. Ruling of the Supreme Court of the Russian Federation dated 09.12.2014 in case No. 305-ES14-3435, A40-116560/2012.
5. Apestina MN Conclusion and execution of contracts: practical recommendations for business. – Moscow: Editorial office of Rossiyskaya Gazeta, 2020. – Issue. 1. – P. 144.
6. Civil Law: Textbook. In 3 vols. T. 1 / Ed. A. N. Guev. – M.: Exam, 2006. – P. 112.
7. Dobrovinskaya A. V. The concept and cases of limited liability in civil law // Lex russica. – 2017. – No. 5. – pp. 148-162.
8. Ilyukhin A. V., Ilyukhina V. A. Evolution of Soviet civil legislation // Journal of Historical and Legal Problems: a New Perspective. – 2021. – No. 3. – pp. 104-105.
9. Ioffe O. S. Law of Obligations. – 1975. – P. 138.
10. Ioffe O. S. The general doctrine of obligations // Ioffe O. S. Selected works: In 4 vols. T. III. Obligation law. – SPb.: Publishing house “Legal Center Press”, 2004. – P. 838.
11. Zolotarev A.P. Historical aspects of the formation and development of civil liability in Russia // Archivist. – 2020. – No. 1 (5). – pp. 7-12.
12. Matorin A. M. Legal responsibility as a legal category // Vestnik NIB. – 2019. – No. 37. – pp. 19-23.
13. Medovichev A. E. Ref. book: Loginov A. V., Shelestin V. Yu. Judgment and punishment in Mycenaean Greece and the Hittite kingdom // Social and humanitarian sciences. Domestic and foreign literature. Ser. 5, History: Information and analytical journal. – 2021. – No. 2. – pp. 22-29.
14. Monastyrsky Yu. E. On the significance of the Soviet period for the modern civil law theory of losses // Journal «Zakon». – 2018. – No. 3.
15. Nedbailo P.E. The system of legal guarantees for the application of Soviet legal norms // Jurisprudence. – 1971. – No. 3. – pp. 50-52.
16. Nekrasova E. V. On the question of the correlation between the categories of abuse of rights and obligations due to infliction of harm // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2021. – No. 1. – P. 1-7.
17. Rakhmilovich V.A. On wrongfulness as a basis for civil liability // Soviet state and law. – 1964. – No. 3. – pp. 53-62.
18. Strogovich M.S. The essence of legal responsibility // Sov. state and law. – 1979. – No. 5. – P. 102.
19. Judicial practice in the modern legal system of Russia: monograph / T. Ya. Khabrieva, V. V. Lazarev, A. V. Gabov and others; ed. T. Ya. Khabrieva, V. V. Lazareva. – M.: IZiSP, NORMA, INFRA-M, 2017. – P. 432.
20. Syrykh V. M. History of the state and law of Russia. Soviet and modern periods: textbook. – M., 2000. – P. 50, 273.
21. Tarkhov V. A. Responsibility under Soviet civil law. – Saratov, 1973. – P. 4, 11.
22. Tikhomirov M.N., Epifanov P.P. Cathedral code of 1649. – M.: Publishing House of Moscow. un-ta, 2006. – P. 50.
23. Khaltaeva O. R. The concept of state administration of legists and the doctrine of the sky in the period of Chunqiu and Zhangguo // Bulletin of the Belarusian State University. – 2019. – No. 14. – P. 9-12.
24. Khachaturov R. L., Lipinsky D. A. General theory of legal responsibility. – St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2007.
25. Huzhin A. M. The problem of legal liability for innocent behavior: historical and legal aspect // History of State and Law. – 2012. – No. 20. – P. 4 – 7.
26. Shershenevich G. F. Textbook of Russian civil law / Republished. – M.: Statute, 2020. – 459 p.
27. Shershenevich G. F. Textbook of Russian civil law: In 2 volumes – M., 2005 (series “Classics of Russian civil law”). – T. 2. – pp. 205-206.
28. Legal liability. Modern Challenges and Solutions: Materials for the VIII Annual Scientific Readings in Memory of Professor S. N. Bratus. – M.: Infra-M, 2013. – pp. 82-84.
29. The lengthy edition of the Code of Laws Russian Truth. – [Electronic resource]. – Access mode: https://www.hist.msu.ru/ER/Etext/RP/prp.htm.
30. Cathedral code of 1649 of Tsar Alexei Mikhailovich. – [Electronic resource]. – Access mode: http://www.bibliotekar.ru/sobornoe-ulozhenie-1649/
31. Russian legislation. Code of Laws of the Russian Empire. – [Electronic resource]. – Access mode: http://pravo.gov.ru/
CIVIL LAW
GILEVA Nadezhda Sergeevna
student of the 3rd course of the Law School of the Far Eastern Federal University
SOME PROBLEMATIC ISSUES OF APPLICATION OF THE LICENSE AGREEMENT
The article discusses debatable issues related to the application of the institution of a license agreement in practice. The author analyzes the specific features of a license agreement, the legal provisions governing this type of agreement, and the theoretical positions of civil scientists on controversial issues. In addition, the article suggests ways to solve existing problems related to the application of a license agreement. At the end of the study, the author concludes that there is a need for active scientific research and improvement of the legislative regulation of the institution in question.
Keywords: license agreement, intellectual activity, means of individualization, construction of the agreement, compensation, form of the agreement.
Work bibliographic list
1. Battakhov P. P. Features of the alienation of industrial property objects under a license agreement and a commercial concession agreement // Agrarian and land law. – 2019. – No. 1 (169). – pp. 144-150.
2. Belousov VN Licensing agreement in the civil law of Russia // Russian justice. – 2019. – No. 9. – pp. 6-9.
3. Gavrilov E.P. General provisions of intellectual property law: a brief commentary on Chapter 69 of the Civil Code of the Russian Federation // Economy and Law. – 2007. – No. 9. – pp. 24-35.
4. Kalinicheva E. P. License agreement as a basis for the emergence of an obligation: specialty 12.00.03 “civil law; business law; family law; international private law”: author. dis. … cand. legal Sciences. GOU VPO “Saratov State Academy of Law”. – Rostov-on-Don. 2011. – 29 p.
5. Lamm T. V., Titov E. V. Legal nature of the transfer of a thing as an element of the actual composition of a real contract // Bulletin of the Baikal State University. – 2017. – No. 4. – pp. 546-553.
6. Morgunova E. A., Pogulyaev V. V., Korchagina N. P. Rights to the results of intellectual activity and means of individualization: commentary on part four of the Civil Code of the Russian Federation (item-by-article). – Moscow: Yustitsinform. Access from SPS «Garant».
7. Raynikov A.S. Correlation between a commercial concession agreement and related civil law institutions. Bulletin of Civil Law. – 2008. – No. 3. – pp. 7-42.
CIVIL LAW
KALASHNIKOV Sergey Sergeevich
magister student of the 1st course of the Far Eastern Federal University
TSEDRIK Valeriy Arturovich
magister student of the 1st course of the Far Eastern Federal University
BARYSHNIKOV Yuriy Vladimirovich
magister student of the 1st course of the Far Eastern Federal University
MODERN DOCTRINAL, LEGAL AND ETHICAL PROBLEMS IN THE DEVELOPMENT AND APPLICATION OF ROBOTIC TECHNOLOGIES AND ARTIFICIAL INTELLIGENCE SYSTEMS
The article discusses the problems of introduction and further application of robotic technologies and artificial intelligence, which are becoming more serious every year. Trends in socio-economic development dictate their own conditions for the existence of society. In particular, the constant introduction of high technologies is the most important issue on the agenda for all advanced countries of the world. The rapid development of information technologies generates acute problems, the solution of which is extremely necessary – “technological unemployment”, regulatory and legal regulation.
Keywords: robotic technologies, artificial intelligence, automation, technological unemployment.
Work bibliographic list
1. Robots and ethics // SPS «UNESCO». – [Electronic resource]. – Access mode: https://ru.unesco.org/news/roboty-i-etika/.
2. Borovskaya E. V., Davydova N. A. Fundamentals of artificial intelligence: a tutorial. – M.: BINOM, 2016. – 130 p.
3. Kolosova O. S. Technical means of automation and control: a textbook for academic undergraduate studies / Ed. ed. O. S. Kolosova. – M.: Yurayt Publishing House, 2017. – 291 p.
4. US robot density is now more than twice that of China – [Electronic resource]. – Access Mode: Access Mode: https://ifr.org/ifr-press-releases/news/us-robot-density-now-more-than-double-that-of-china-ifr-says/.
CIVIL LAW
KONDRASHOV Aleksandr Sergeevich
magister student of the Faculty of Law of the Financial University under the Government of the Russian Federation
Problems of the management bodies of a joint-stock company for the illegal conclusion and execution of a major closure and closure with interest
The article is devoted to the issues of civil liability borne by the management bodies of a joint-stock company for the illegal conclusion and execution of a major transaction and a transaction with interest. The composition of the offense, as well as the features of property liability, are analyzed. It is concluded that it is necessary to consolidate an exhaustive list of grounds for holding liable, which will allow comparing the behavior of the governing bodies with the actual circumstances underlying the dispute.
Keywords: extraordinary transactions, major transactions, related party transactions, civil liability.
Work bibliographic list
1. Egorov K. F. Some issues of limiting the liability of persons included in the management bodies of economic companies // Issues of Russian justice. – 2021. – No. 16. – P. 2.
2. Rustamova S. M. Problems of responsibility of the management bodies of a joint-stock company for large transactions // Legal Bulletin of the DSU. – 2017. – No. 4. – P. 117.
CIVIL LAW
OLOVYANNIKOVA Aleksandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
RAEVSKAYA Valeriya Andreevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
KLEVTSOV Maksim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
SOME PROBLEMS OF ESTABLISHING THE ACTUAL BOUNDARIES OF THE LAND PLOT AND ELIMINATING REGISTRY ERRORS
Significant layer of land litigation is caused by the requirement to establish the boundaries of the land plot and/or eliminate the corresponding registry error: through identifying the main issues of these disputes and related difficulties arises the possibility to increase the effectiveness of the mechanism for establishing the actual existing boundaries of the land plot and reduce the burden on the judicial system.
The main purpose of the research is to identify the main problems that have developed in judicial practice and indicate the presence of gaps in Russian land and civil legislation. The originality of the scientific article consists on the authors’ thorough analysis of current problems and pointing out disadvantages in the mechanism of registration procedures. The results of the research allow to identify the main areas of work to improve the system of Russian land and civil legislation in this area.
Keywords: boundaries of land plots, land litigation, land plot, cadastral engineer, registry errors, coordination of boundaries, actually existing boundaries of land plots.
Work bibliographic list
1. Antipov I. T., Antonovich K. M., Astashenkov G. G., Vylegzhanina V. V., Giniyatov I. A. On some results of identifying registry errors that prevent state registration of rights // Bulletin of SGUGiT (Siberian State University of Geosystems and Technologies). – 2018. – No. 2. – pp. 143-152.
2. Bariev A. G. Procedural features of resolving land disputes in the courts of the Russian Federation // Problems in Russian legislation. Legal Journal. – 2018. – No. 1. – pp. 50-54.
3. Volkov G. A. Legal problems of eliminating registry errors when considering disputes about the boundaries of land plots // Property relations in the Russian Federation. – 2017. – No. 11. – pp. 81-88.
4. Gusev A. O. On some features of litigation on the correction of registry errors // Arbitration disputes. – 2020. – No. 1. – pp. 78-102.
5. Huseynov R. G. Registry errors: legal nature and current problems // Best student article 2020, collection based on conference materials. – 2020. – pp. 134-136.
6. Zalevskaya E. A. Some issues of resolving boundary disputes in the presence of a registry error // Judge. – 2022. – No. 4. – pp. 29-37.
7. Klyosov N. A. Proof and evidence in cases arising from land legal relations // Academy of Pedagogical Ideas Novation. – 2020. – No. 9. – pp. 12-17.
8. Melnikov N. N. Multi-loop land plot as an object of land relations: questions of theory and practice // Bulletin of the O. E. Kutafin University. – 2019. – No. 1. – pp. 64-74.
9. Motlokhova E. A. Protection of rights to land plots by filing a claim for the establishment of boundaries // Property relations in the Russian Federation. – 2017. – No. 11. – pp. 99-110.
10. Samoilenko DV On the problem of resolving by a forensic expert the issue of the presence of a registry error in the description of the location of the boundaries of a land plot // Questions of Russian and International Law. – 2020. – No. 3-1. – pp. 197-203.
CIVIL LAW
TSEDRIK Valeriy Arturovich
magister student of the 1st course of the Far Eastern Federal University
BARYSHNIKOV Yuriy Vladimirovich
magister student of the 1st course of the Far Eastern Federal University
KALASHNIKOV Sergey Sergeevich
magister student of the 1st course of the Far Eastern Federal University
LEGAL FEATURES OF THE MANAGEMENT OF APARTMENT BUILDINGS: DOMESTIC AND FOREIGN EXPERIENCE
This article discusses the problem of legal regulation of relations related to the maintenance of an apartment building, using domestic and foreign experience. Currently, there is a need for frequent revision of existing measures in the field of legal regulation in the field of real estate and its maintenance, which is due to a qualitative increase in the Russian economic sector of the multi-apartment real estate market. The level of technological modernization of this area has also increased, consumer needs and requests for many indicators and criteria regarding the quality of housing services have increased. In the modern conditions of the Russian Federation, one of the main tasks in the management of multi-apartment residential buildings has become to improve the quality of housing and communal services, establish, and increase the level of responsibility of the management company, establish an effective management system. This problem should be solved in stages, possibly using foreign experience in managing apartment buildings and introducing the best of these skills into domestic practice.
Keywords: law, housing code, management company, real estate, management, apartment building, housing and communal services.
Work bibliographic list
1. Makarov G. Domestic and foreign experience of self-government in urban apartment buildings // Economy and law. – 2011. – No. 6. – pp. 31-36.
2. Kuznetsova G. G., Fedotovskaya E. Yu. Housing and communal services as an object of public administration // MIR (Modernization. Innovations. Development). – 2012. – No. 8. – S. 85–88.
3. Nagornaya T.S. Foreign experience of managing companies // Economics, management, finance: materials of the VII Intern. scientific conf. (Krasnodar, February 2017). – Krasnodar: Innovation, 2017. – pp. 137-139. – [Electronic resource]. – Access mode: https://moluch.ru/conf/econ/archive/220/11808/
4. Kudina S. A. The concept, signs and composition of the common property of an apartment building // Bulletin of the UYUI. – 2017. – No. 2 (76). – pp. 28-31.
5. Kuznetsova E. E. Problems of competition in the management of an apartment building // Skif. – 2018. – No. 1 (17). – pp. 140-143.
6. Plotnikova I. A., Sorokina I. V. Problems of development of modern housing and communal services // Problems of development of the territory. – 2019. – No. 6 (104). – pp. 52-68.
7. Trufanov A.V. Features of the legal status of the managing organization in the aspect of ensuring the effectiveness of the management of an apartment building // Legal Bulletin of Samara University. – 2018. – No. 3. – pp. 142-147.
8. Chimrov D. E. Problems of legal regulation of apartment buildings management // Bulletin of Science and Practice. – 2019. – No. 8. – P. 144-148.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 2nd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPETS Svetlana Igorevna
student of the 2nd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ERMOLENKO Kirill Igorevich
student of the 2nd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
FEATURES OF THE DEVELOPMENT OF THE RUSSIA-ASEAN FORMAT
The article analyzes Russia’s cooperation with the ASEAN countries, since today integration processes are developing rapidly in Southeast Asia, which is caused primarily by the activities of ASEAN. The regional grouping aims to ensure military-political stability and economic growth of its members, continues to function, and bring positive results. In the highlighted main areas of cooperation, ASEAN appears to be a reliable partner for Russia. The article examines the historical features of the formation and development of partnership relations and draws a number of conclusions on the current state of international relations with ASEAN. Assumptions are made about the likely prospects of such cooperation at the present stage and the possibility of further interaction between Russia and the ASEAN member states.
Keywords: Russia, ASEAN, cooperation, partnership.
Work bibliographic list
1. Klyuchanskaya S. A. Russia-ASEAN: promising areas of cooperation // Power. – 2016. – No. 6.
2. Marian V. P., Sinitsyn A. Yu. Russia-ASEAN-20 years of cooperation // Power. – 2017. – No. 2.
CIVIL PROCESS
VASKINA Alina Aleksandrovna
student of the School of Law of the Far Eastern Federal University
KOLESNIKOVA Elena Sergeevna
student of the School of Law of the Far Eastern Federal University
GAEVAYA Anzhelika Aleksandrovna
student of the School of Law of the Far Eastern Federal University
PROBLEMS OF DETERMINING THE ACCESSIBILITY OF JUSTICE IN CIVIL PROCEEDINGS
In this article, the authors analyzed the civil procedural legislation of the Russian Federation from the point of view of the sufficiency of disclosure of the essence of the legal category “accessibility of justice”. In identifying legislative gaps, the authors turned to the doctrinal teachings of civilists of different times, studied existing approaches to understanding the legal category “accessibility of justice” and interpreted “accessibility of justice” in terms of the complexity of this category, having previously identified the factors that form it. The authors conducted a comparative legal analysis of two closely interrelated categories in civil law science: “accessibility of justice” and “the right to judicial protection”; their relationship was determined within the framework of an integrated approach to understanding the accessibility of justice. The authors also examined the accessibility of justice at various stages of the civil process.
Keywords: accessibility of justice; the right to judicial protection; simplicity of the case review procedure; clarity of the case review procedure; ensuring access to justice; facilitating access to justice; the Civil Procedure Code of the Russian Federation; stages of civil procedure.
Work bibliographic list
1. Tkacheva N. V. The principle of access to justice in the practice of the European Court of Human Rights. 2010. S. 1. [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_15644909_16139657.pdf // Text: electronic. Retrieved 11.05.2022
2. Kuznetsov A.P. Limitations of the principle of access to justice in the course of the ongoing reform of the procedural legislation of the Russian Federation. 2019. S. 1. [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_42555197_58735024.pdf Text: electronic. Accessed 11.05.2022
3. Theory of state and law: textbook / Matuzov N.I., Malko A.V. 2004. P. 82. [Electronic resource]. – Access mode: https://pravo-olymp.ru/wp-content/uploads/2013/04/TGP_Matuzov_Malko.pdf Text: electronic. Accessed 11.05.2022.
4. Semenov V.M. Constitutional principles of civil justice. 1982. S. 3. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=23755181& Text: electronic. Retrieved 11.05.2022.
5. Zhuikov V.M. Judicial reform: problems of access to justice. 2006. [Electronic resource]. – Access mode: https://indem.ru/Proj/SudRef/Bibl/Grajdansk.htm#Zhuikov Text: electronic. Retrieved 11.05.2022.
6. Shakaryan M.S. Problems of accessibility and effectiveness of justice in the courts of general jurisdiction. 2001. [Electronic resource]. – Access mode: https://legist.ru/conf/Shakaryan.htm Text: electronic. Accessed 11.05.2022.
7. Ozhegov S.I. Dictionary. [Electronic resource]. – Access mode: https://gufo.me/dict/ozhegov/available Text: electronic. Retrieved 11.05.2022.
CIVIL PROCESS
FEDCHENKO Yuliya Vasiljevna
master of law of the MGIMO (U) of the MFA of Russia, lawyer in DRT-Consulting LLC
IMPLEMENTATION OF THE LEADING ROLE OF THE COURT AND THE PRINCIPLE OF CONCENTRATION OF THE PROCESS AS COMPONENTS OF THE CONCEPT OF SOCIAL CIVIL PROCEDURE (ON THE EXAMPLE OF ENGLAND, GERMANY AND FRANCE)
The problem of optimizing the civil process, which allows at the same time to best ensure the rights of the subjects in the process, as well as the interests of society as a whole, remains relevant. The purpose of this work is to consider such aspects of the concept of social civil procedure that meets the above goals as the role of the court in the process and the concentration of the process on the example of England, Germany and France, so that to clarify the features of each of the categories and identify effective means of optimization, which, among other things, can be used in the reform of domestic legislation. Comparative legal research is carried out using dialectical, formal logical methods, the method of system analysis. All this allows us to conclude that the active role of the court is necessary in the modern process, the principle of concentration should be ensured through the introduction of effective rules for the disclosure of evidence, supported by court sanctions, and other measures aimed at concentrating procedural actions at the stage of preparation for the proceedings.
Keywords: civil procedure, optimization, the principle of concentration of the process, the concept of social civil procedure, the role of the court in the process, prohibition of references to evidence.
Work bibliographic list
1. Althammer C. European principles of civil procedure und nationale Mindeststandards – Überlegungen aus deutscher Perspektive // Festschrift f. Hakan Pekcanitez, 2015.
2. Brehm W. Zivilprozessrecht und Zivilprozess: Einleitung // Kommentar zur Zivilprozessordnung: ZPO / Hrsg. F. Stein, M. Jonas. Band 1. 22 Aufl. C.H. Beck, 2013.
3. Bruns/Münch/Stadler. Die Zukunft des Zivilprozesses, 2013.
4. Klein. Zeit- und Geistesstromungen im Prozesse. Vortrag in der Gehe-Stiftung Dresden, 1901. Neudruck der 2. Aufl. Frankfurt am Main. – S. 28.
5. Kralik W. Die Verwirklichung der Ideen Franz Kleins in der Zivilprozessordnung von 1895 // Hofmeister.
6. Lakssimi T. Le juge au cœur du procès civil, ENM, 2012.
7. Wassermann R. Der soziale Zivilprozess: zur Theorie und Praxis des Zivilprozesses im sozialen Rechtsstaat // Neuwied; Darmstadt: Luchterhand, 1978.
8. Willmann P. Die Konzentrationsmaxime. Eine Untersuchung heutigen und früheren Rechts. Berlin, 2003.
9. Borisova E. A. Verification of judicial acts in civil cases. – Moscow: Gorodets, 2005.
10. Vaskovsky E.V. Textbook of civil procedure. – M., 1917.
11. Greger R. Possibilities and Limits of the Court’s Participation in the Collection of Evidence // Bulletin of the Arbitration Court of the Moscow District. – 2016. – No. 2.
12. Davtyan A. G. Civil procedural law in Germany. – M., 2000.
13. Degtyarev S. L. Implementation of the judiciary in civil proceedings. – M.: Walter Kluver, 2007.
14. Kavelin KD The main principles of the Russian judiciary and civil legal proceedings in the period from the Code to the Institution of the provinces. – M., 1844.
15. Keilin A. D. Judiciary and civil process of capitalist countries. – Part 2. – M., 1958.
16. Kudryavtseva E. V. Civil Proceedings in England. – M., 2008.
17. Kulakova V.Yu. The problem of timely consideration of civil cases in courts and ways to eliminate it in foreign civil proceedings // Laws of Russia: experience, analysis, practice. – 2015. – No. 12.
18. Makarov P. N. The concentration of procedural material in resolving civil disputes (German experience). Moscow: Statute, 2014.
19. Malyshev K. I. The course of civil proceedings. 2nd ed. – SPb.: Ed. MM. Stasyulevich, 1876. Vol. 1.
20. Malyukina A.V. The principle of concentration of the civil process: the main theoretical provisions and their implementation. Dis. … cand. legal Sciences. – M., 2008.
21. Nefediev E. A. Textbook of Russian civil proceedings. – Krasnodar: Council. Kuban, 2005.
22. Rekhberger V.Kh. Influence of the main ideas of Franz Klein on the modern civil procedural legislation of Austria // Russian Yearbook of Civil and Arbitration Process. – 2007. – No. 6.
23. Chistyakova O.P. The problem of the activity of the court in the civil process of the Russian Federation: Dis. … cand. legal Sciences. – M., 1997.
24. Engelman I. E. Textbook of Russian civil proceedings. – Yuriev, 1904.
25. Communicationé de la Cour de cassation, Gaz. pal. 2008, n°12. – R. 13.
LAND LAW
OLOVYANNIKOVA Aleksandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
RAEVSKAYA Valeriya Andreevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
KLEVTSOV Maksim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
HISTORICAL AND LEGAL ASPECT OF THE USE OF CUSTOM AS A REGULATOR OF LAND RELATIONS
Despite the absence of direct legislative consolidation, custom is a significant source of land law. The research is aimed at studying the historical and legal aspects of the introduction, preservation and transformation of legal custom as a regulator of land relations at various stages of the historical development of Russia, identifying the historical reasons of essential value of custom in Russian land law, and the forms of modern legal customs reflected in the Russian Land Code.
The results of the research allow to identify the role of legal custom as a regulator of land relations, despite the lack of its proper consolidation in Article 2 or in special articles of the Russian Land Code, and indicate the necessity for similar consolidation.
Keywords: legislative consolidation; source of land law; peasant community; legal custom; established order of use.
Work bibliographic list
1. Ignatieva E.Yu. Judicial lawmaking in Russia on land issues in the second half of the 19th – early 20th century in the process of applying customary law // Bulletin of the Institute: crime, punishment, correction. – 2019. – No. 2. – pp. 213-221.
2. Kryukova S.S. Soviet pre-collective farm village between traditional and new customary law // Traditions and Modernity. – 2019. – No. 23. – pp. 44-63.
3. Kryukova S.S. Peasant community of the 1920s: from imperial to Soviet customary law // Bulletin of the Ryazan State University. S.A. Yesenin. – 2020. – No. 3. – pp. 35-45.
4. Petrovskaya T.S. Surveying as a way of legal registration of land distribution relations in Russia: historical and legal research // North Caucasian Legal Bulletin. – 2018. – No. 1. – pp. 26-32.
5. Podzorova A.A. The role of legal custom in land law // Ecology of the Central Chernozem Region of the Russian Federation. – 2015. – No. 1. – pp. 139-142.
6. Kholodny M.A. Soviet land management and property rights in the countryside under the NEP // Modern Scientific Thought. – 2014. – No. 5. – pp. 62-68.
BUSINESS LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty 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
TO THE QUESTION OF THE DEVELOPMENT OF ENTREPRENEURSHIP IN RUSSIA
The article deals with issues related to the change that has occurred in Russian entrepreneurship in connection with the introduction of sanctions against the state and other social risks. The possibilities of business to fill the market with goods for which the demand of the population is initially high are considered. Parallel import is characterized as a complex and necessary phenomenon in the modern world and the existing norms of domestic and international law on the possibilities of its support are considered. Guarantees of support and preservation of consumer rights in relation to such purchased goods are indicated.
Keywords: civil legislation, trade turnover, entrepreneurs, import of goods, parallel import, social risks.
Work bibliographic list
1. Parallel import. [Electronic resource]. – Access mode: https://www.business.ru/article/3943-parallelnyy-import/ (date of access: 05/15/2022).
2. Carrying out purchases of import-substituting goods of domestic production. [Electronic resource]. – Access mode: https://etpgpb.ru/portal/import-substitution/ (date of access: 05/15/2022).
3. State programs to support small businesses in 2022 — SKB Kontur. [Electronic resource]. – Access mode: https://kontur.ru/articles/4710 (date of access: 05/15/2022).
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.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
BARYSHOVA Yuliya Pavlovna
magister student of the Institute of Law of the Samara State University of Economics
PROBLEMS OF LAW ENFORCEMENT PRACTICE IN THE FIELD OF INTERNAL FINANCIAL CONTROL IN THE FIELD OF ENTREPRENEURIAL ACTIVITY
The article provides an analysis of the problems that arise in practice in the implementation of internal financial control in the field of entrepreneurial activity. Using the example of judicial and law enforcement practice, the authors reveal typical mistakes that lead to appeals against decisions of financial control bodies. The article suggests directions for improving the system of financial control and oversight activities in the Russian Federation.
Keywords: internal financial control, budgetary legislation, entrepreneurial activity, practice of appealing against decisions of financial control bodies.
Work bibliographic list
1. Explanatory dictionary of the Russian language: in 4 volumes / Ed. DI. Ushakov. M., 1940.
2. Mokretsova G.V. The organization of internal control is the most important element of the accounting policy of an educational institution // Advisor in the field of education. 2008. № 1.
BUSINESS LAW
DASHIN Aleksey Viktorovich
Ph.D. in Law, professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
MELNIK Aleksandr Vitaljevich
magister student of the 2nd course of the I. T. Trubilin Kuban State Agrarian University
SELF-PROTECTION AS A WAY TO PROTECT THE RIGHTS OF BUSINESS ENTITIES
The publication attempts a comprehensive analysis of such a specific way to ensure the rights of business entities as self-defense. The state of Russian legislation and the point of view of leading experts in this field are considered. The problems of insufficiency of tools for self-protection by the entrepreneur of their rights are revealed.
Keywords: self-defense, business entities, restoration of violated rights, business entity, government agencies.
Work bibliographic list
1. Civil law: in 3 volumes. A textbook for universities / Ed. A. P. Sergeev. – M.: PG-Press, 2013 – V.1: General part. – 1008 p.
2. Transparent business. [Electronic resource]. – Access mode: https://pb.nalog.ru/?t=1594022780035 (date of access: 07/08/2022).
3. Sverdlyk G. A., Strauning E. L. Protection and self-defense of civil rights: textbook . allowance. – M., 2002. – 208 p.
4. Kholkina A. O., Korneva E. V. Forms and methods of informing and attracting entrepreneurs to fulfill their duties // Territory of new opportunities. – 2016. – No. 3 (34). [Electronic resource]. – Access mode: https:cyberleninka.ru (date of access: 07/08/2022).
5. Erdelevsky A. M. Self-defense of civil rights // Legal world. – 1998. – No. 8. – S. 45-47.
BUSINESS LAW
DELTSOVA Natalya Veacheslavovna
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
THE CLAIM PROCEDURE FOR THE SETTLEMENT OF BUSINESS DISPUTES: CERTAIN ASPECTS OF LAW ENFORCEMENT
This article discusses the application of the claim procedure for the settlement of business disputes. The practice of applying the claim procedure by arbitration courts of the Russian Federation and the position of the Supreme Court are investigated. The authors note the existence of theoretical and practical issues related to this legal institution due to its complex nature. In particular, it is noted that neither the norms of substantive nor the norms of procedural law contain clear indications of the form and content of the pre-trial claim, which leads to problems of qualifying the document as a pre-trial claim in court. The identified problems indicate the need for higher courts to develop unified approaches to judicial practice, acting as a guideline for lower courts and participants in the dispute.
Keywords: claim, claim procedure, business activity, entrepreneurs, court.
Work bibliographic list
1. Bannikov R.Yu. Pre-trial settlement procedure in the system of prerequisites and conditions for the implementation (exercise) of the right to bring a claim to court: dis. … cand. legal Sciences. Voronezh, 2010. 196 p.
2. Gozhulenko Ya.N., Chubatova A.V. Pre-trial settlement of economic disputes // International Journal of the Humanities and Natural Sciences. 2020. No. 11-4 (50). pp. 50-52.
3. Mongush A.L. Ways to resolve legal conflicts // Bulletin of the Tuvim State University. 2014. No. 1. P. 163-166.
4. Savelyeva T.A. On the legal nature of the claim procedure for settling economic disputes // Bulletin of the Saratov State Academy. 2017. No. 6. S. 189-194.
5. Sulakshin S.S., Buyanova E.E., Kulakov V.V., Pogorelko M.Yu., Sazonova E.S., Tolstykh V.L., S.Yu. Filippova S.Yu. Alternative ways of resolving disputes between business entities. M.: Scientific expert, 2013. 272 p.
BUSINESS LAW
ZUBKOVA Mariya Nikolaevna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Institute of Law of the Samara State Economic University
BRODETSKAYA Margarita Anatoljevna
magister student of the Institute of Law of the Samara State Economic University
MEASURES OF INFLUENCE ON SUBSOIL USERS IN CASE OF VIOLATION OF DEADLINES FOR GEOLOGICAL EXPLORATION OF THE SUBSOIL
The relevance of this issue is justified by the need for the state to take additional legal measures against unscrupulous subsoil users, in terms of increasing their interest in carrying out work on the study of the subsoil as soon as possible, as well as stimulating subsoil users to comply with the license terms of geological exploration of the subsoil. In this regard, the article discusses the regulatory and legal regulation in terms of geological exploration of the subsoil, as well as measures of state influence on subsoil users for violating the terms of the license for geological exploration of the subsoil. Similar norms provided for in the draft law on amendments to Article 43 of the Law of the Russian Federation “On Subsoil” are also analyzed.
Keywords: subsoil plots, license for use, geological study.
Work bibliographic list
1. Galiyeva R.N. Legal regime of geological information // Abstract of the dissertation for the degree of candidate of legal sciences. [Electronic resource]. – Access mode: https://elib.utmn.ru/jspui/bitstream/ru-tsu/2299/1/382.pdf.
2. Peshkova (Belogortseva) H. V., Averina K. N., Berger E. V., Borisov A. A., Vedysheva N. O., Gaevskaya E. Yu., Ivanova Zh. B., Kamynina N. R. , Konovalchikova S. S., Levochko V. V., Maryin E. V., Naletov K. I., Chernus N. Yu., Vagina (Shikhaleva) O. V., Babich A. A., Kotukhov S. A. ., Yugova L. I. Commentary on the Law of the Russian Federation of February 21, 1992 No. 2395-1 “On Subsoil”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?
3. Shitik AA Legal regulation of relations in the field of subsoil use. [Electronic resource]. – Access mode: https://moluch.ru/archive/309/69736/
BUSINESS LAW
LUKIN Gleb Aleksandrovich
magister student of the Samara State University of Economics
TOKMAKOV Maksim Aleksandrovich
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
FORMAL AND INFORMAL BUSINESS ASSOCIATIONS
The article is devoted to the problems of definition and classification of business associations in Russian law. The paper notes the lack of coverage of all business associations through the two most common criteria that reflect the relationship between entities – “ownership” and “control”, which implies the need to use another criterion – “economic interdependence”. Taking into account the above criteria, the authors generalize the connections of these subjects into groups that are larger (formal and informal connections), which makes it possible to classify business associations into formal and informal associations.
Keywords: business associations, subjects of business associations, formal and informal communication, economic interdependence.
Work bibliographic list
1. Bykanov D. D. Removing the corporate veil under the law of the USA, the Netherlands and Russia // Law. – 2014. – No. 7. – pp. 71-80.
2. Zvezdina T. M. Contract as a legal basis for an entrepreneurial association // Business, Management and Law. – 2019. – No. 1. – pp. 35-39.
3. Semenov V. M. Economics of the enterprise. – St. Petersburg: Peter, 2018. – 416 p.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
LEGAL REGULATION OF TRADE UNDER THE LEGISLATION OF THE RUSSIAN EMPIRE IN THE FIRST THIRD OF THE 19TH CENTURY
The article provides an analysis of the legislation on merchants and trade in the first third of the 19th century. The author examines the main regulatory legal acts in this area, explores the structure, content, goals of the legislative regulation of trade in this period. The article concludes on the intersectoral nature of commercial law in the first third of the 19th century, as well as on the significance of this time period for the development of business law in Russia.
Keywords: trade law, merchant legislation, trade legislation in the era of Alexander I.
Work bibliographic list
1. Arkhipov I. V. The second stage of the codification of the commercial legislation of Russia: the projects of the “Bill Committee” (1827-1832) and the Trade Charter of 1832 // Commercial Law. – 2011. – No. 2 (9). – pp. 88-103.
2. History of taxes in Russia. IX – beginning of the twentieth century / V. N. Zakharov, Yu. A. Petrov, M. K. Shatsillo. – M.: ROSSPEN, 2006.
3. Krupeynikov K. V. Formation and development of legislation on entrepreneurial activity in pre-revolutionary Russia // Russian entrepreneurship: history and modernity: Collection of materials of the I All-Russian Morozov Readings. – Orekhovo-Zuevo, 2018.
4. Mishakova O. The role of the legislation of the Russian Empire in the formation and development of small business at the end of the XVII – first half of the 19th century // Power. – 2011. – No. 2. – C. 140-143.
5. Tolkushkin A.V. The history of taxes in Russia. – M.: “Lawyer”, 2001.
6. Ulyanova G. N. Legislative regulation of trade in the Russian Empire (From the city regulation of 1785 to the Guild reform of E. F. Kankrin) // Tractus Aevorum 5 (1). – Vestna 2018. – pp. 50-75.
7. Shaymakova S. G. State trade tax (according to legislative acts of Russia in the second half of the 19th – early 20th century) // Humanitarian Studies. – 2012. – No. 3(43). – pp. 217-222.
LABOR LAW
RAKITINA Ekaterina Vasiljevna
Ph.D. in Law, associate professor of the Hulunbuir University, Hailar, Hulunbuir, PRC
CHUNMEI Yang
associate professor of the Hulunbuir University, Hailar, Hulunbuir, PRC
DIRECTIONS FOR IMPROVING THE INSTITUTION OF THE PROHIBITION OF COMPETITION IN THE LABOR LAW OF CHINA
The practice of applying the prohibition of competition in Chinese labor law allowed us to note problematic points on this issue and identify ways to solve them. The Chinese experience of legal regulation can be used when introducing the institute of prohibition of competition into Russian labor law.
The identified areas of improvement relate to the category of employees with whom a non-competition agreement may be concluded; the terms of the said agreement, and the consequences of its violation by the parties to the employment contract.
The wording of the category of persons with whom non-competitive relations can be established should be clear and not allow for an expansive interpretation. For the terms of the non-competition agreement limits or the procedure for determining them should be established. The court should have right of to adjust these conditions based on the principles of fairness, reasonableness and expediency. The consequences of the parties’ violation of the non-competition agreement should concern both the employee and the employer, and include recognition of the agreement as not concluded; payment of a penalty by an employee, compensation for the losses caused to the employer; fulfillment of an obligation in kind if there is an objective need for this.
Keywords: prohibition of competition; employee; employer; employment contract; non-competition agreement; responsibility for violation of the obligation of non-competition
Work bibliographic list
1. 崔汪卫.竞业禁止制度的域外视角与经验启示.西华师范大学学报(哲学社会科学版). 2018. №6.页. 85-93.
2.李纬溢. ——W某与A公司劳动争议案评析.劳动保障世界.劳动关系. 2018. 26. 页.3.
3.黄克农.竞业限制协议效力问题研究.法制与社会. 2019. 6.页.37-40.
4.沈琦.劳动合同中的竞业限制相关问题探讨.法制与社会. 2018. 9. 页.51-52.
5.佘艺颖.离职竞业限制协议的成立认定与效力问题探讨.中国劳动.2018.12.页. 80-84.
6.邹升茂.竞业限制违约金浅析.吉林广播电视大学学报.2019. 8. 页. 56-57.
7.吴逢刚.竞业限制义务的强制履行问题刍议.法制与经济(上旬刊). 2019. 6.页. 72-75.
1. Cui Wanwei. The Institute of Prohibition of Competition: Extraterritorial Perspectives and Application Experience // Journal of West China Normal University (Philosophy and Social Sciences Edition). – 2018. – No. 6. – pp. 85-93.
2. Lee Weiyi. Understanding and applying the prohibition of competition – Analysis of the labor dispute between W and company A // World of labor protection. Labor Relations. – 2018. – No. 26. – P. 3.
3. Juan Canun. Study of the effectiveness of agreements on the restriction of competition // Legal system and society. – 2019. – No. 6. – pp. 37-40.
4. Shen Qi. Study of issues related to the prohibition of competition in labor contracts // Legal system and society. – 2018. – No. 9. – pp. 51-52.
5. She Ying. Consideration of the issue of the conclusion and validity of the agreement on non-competition upon dismissal // Chinese labor force. – 2018. – No. 12. – pp. 80-84.
6. Zou Shengmao. A Brief Analysis of the Anti-Competition Penalty // Journal of Jilin Radio and Television University. – 2019. – No. 8. – pp. 56-57.
7. At Fangan. Enforcement of obligations to restrict competition // Legal system and economics. – 2019. – No. 6. – pp. 72-75.
FINANCIAL RIGHT
GARIPOVA Elvina Kamilevna
postgraduate student of the Kazan (Privolzhie) Federal University
ON THE QUESTION OF THE CONCEPT OF THE FINANCIAL AND LEGAL MECHANISM OF MUNICIPALITIES
This article examines the financial mechanism of municipalities. The author’s approaches to the definition of the concept of the financial mechanism of a municipality and to the basic elements of the financial mechanism are formulated. Special attention is paid to the issues of the structure (element composition) of the financial mechanism. The author lists the key features of the financial mechanism of municipalities, defines its basic components.
Keywords: local self-government, local finance, financial relations, municipal finances, mechanism, financial mechanism.
Work bibliographic list
1. Avramchikova N.T. State and municipal finance: textbook and workshop for academic bachelor’s degree. – M.: Yurayt, 2019. – S. 12-13.
2. Financial law: a textbook for free software / Ed. EAT. Ashmarina. 3rd ed., revised. and additional – M.: Yurait Publishing House, 2019. – P. 18.
3. Dmitrieva G.K., Viktorova N.N. State sovereignty in the context of attracting foreign investment // Actual problems of Russian law. – 2018. – No. 12 (97). – S. 29-33.
4. Dogodailo E.Yu. Economic sovereignty of the Russian Federation: analysis of the main legal forms of implementation at the present stage // Bulletin of the Tuva State University. university social and humanitarian. science. – 2018. – No. 1. – P. 177-184.
5. Drobozina L. A. Financial system. – M.: Unity, 2004. – S. 114.
6. Finance. Money turnover. Credit / Ed. L.A. Drobozin. – M.: Unity, 2004. – 527 p.
7. Zapolsky S.V. Financial law: a textbook for academic undergraduate studies / Ed. ed. S.V. Zapolsky. 3rd ed., revised. and additional – M.: Yurait Publishing House, 2015. – P. 29.
8. Zapolsky S.V. Decree. op. – S. 29.
9. Ibid.
10. Kovalev V.V., Kovalev Vit.V. Finance of organizations (enterprises): textbook. – M.: Prospekt, 2013. – 352 p.
11. Krokhina Yu.A. City as a subject of financial law. – Saratov. Branch of Institute of State and Law of the Russian Academy of Sciences. Saratov: Volga Region State Academy. services, 2000. – 208 p.
12. Krokhina Yu.A. Financial law of Russia: textbook. 3rd ed., revised. and additional – M.: Norma, 2008. – 720 p.
13. Kurilov K.Yu. Financial mechanism, its content and main components // Bulletin of the Volzhsky University im. V.N. Tatishchev. – 2014. – No. 24. – P.1-4.
14. Melnikov A.E. To the question of the concept of the financial mechanism // Management of economic systems: electronic scientific journal. – 2017. – No. 7 (101). – P.37-41.
15. Molchanov N.P., Molchanov I.N. Conceptual foundations of the financial mechanism of non-profit organizations in the sphere of education in Russia // Audit and financial analysis. – 2015. – No. 2. – P. 438-443.
16. Sedelnikova R.I. Finances of public legal entities as a means of implementing the public interest // Izvestia of the Irkutsk state. economy academy. – 2016. V. 21. – No. 1. – P.135-139.
17. Modern economic dictionary / B.A. Reisberg, L.Sh. Lozovsky, E.B. Starodubtsev. 2nd ed., corrected. – M.: INFRA. M, 1999. – 479 p.
18. Fatyanov A.A. Categories “money”, “finance” and the subject of financial law // Economics. Taxes. Right. – 2013. – No. 2. – P. 80-87.
19. Financial law / (responsible editor Khimicheva N.I. 3rd ed., revised and additional – M.: Yurist, 2004. – 749 p.
20. Chernodubova E.V. Instruments of adaptive financial mechanism for ensuring the profitability of enterprises // Scientific Bulletin: Finance, Banks, Investments – 2013. – No. 3 (22) – P. 44-48.
21. Chesnokov A. A. Municipal entities as subjects of budgetary law: abstract of dissertation …candidate of legal sciences – Saratov, 2000. – 34 pp.
22. Sharinova G. A. Financial mechanism – an active element in the financial management system // Bulletin of the Kalmyk University – 2013. – No. 1 (7) – P. 94-99.
FINANCIAL RIGHT
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, Honored Lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
SOME ASPECTS OF IMPROVING THE LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS
The article analyzes and reveals the essence and features of the legal understanding of the category “digital financial assets” from the standpoint of scientific approaches and legislative definition. The algorithm of actions of the information system operator in the presence of legally binding court decisions in the implementation of bankruptcy procedures, inheritance, enforcement proceedings in the field of accounting and turnover of digital financial assets is investigated. The prospects of improving legislation in the field of taxation of transactions with digital financial assets are analyzed.
Keywords: digital financial assets; information system operator; taxation of digital financial assets.
Work bibliographic list
1. Evsikova E. V., Staritsyn A. V. Some aspects of legal regulation of digital financial assets in the Russian Federation // Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. – 2022. – T. 8 (74). – No. 2. – pp. 143-155.
2. Aryamov A. A., Gracheva Yu. V., Chuchaev A. I., Malikov S. V., Olkov S. G. Taxation of the turnover of digital assets // Asia-Pacific region: economics, politics, law. – 2019. – No. 1. – pp. 96-129.
3. Razdorozhny K. B. Financial and legal regulation of a digital financial asset (cryptocurrency), procedures, issuance and placement of digital financial assets (ICO) in Russia and in foreign countries // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – No. 9 (49). – pp. 163-169.
4. Milos D. V., Gerasenko V. P. Prospects for the development of digital financial assets // Economic Bulletin of the University. – 2020. – No. 44. – pp. 56-63.
5. Akinfieva V. V. Digital financial assets as a new type of digital rights // Ex jure. – 2021. – No. 1. – pp. 46-55.
FINANCIAL RIGHT
KUZMICHEVA Yuliya Valerjevna
magister student of the Samara State University of Economics
TOKMAKOV Maksim Aleksandrovich
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
PECULIARITIES OF LICENSING THE BANKING ACTIVITIES OF CREDIT INSTITUTIONS WITH FOREIGN INVESTMENTS
The paper highlights the main features of creating a credit institution with foreign investment, as well as obtaining a license from the Bank of Russia. There is a downward trend in the level of foreign participation in Russian credit institutions. Separately, a draft law aimed at preserving the activities of companies in Russia and providing for the possibility of introducing an external administration in relation to organizations controlled by foreign persons is being considered.
Keywords: credit organization with foreign investments, licensing, Bank of Russia, foreign capital.
Work bibliographic list
1. The Bank of Russia calculated the amount of participation of foreign capital in the total authorized capital of credit and insurance organizations. – [Electronic resource]. – Access mode: http://www.cbr.ru/press/event/?id=12681 (date of access: 04/12/2022).
2. The Bank of Russia is implementing additional measures to support the financial sector and lending to the economy. – [Electronic resource]. – Access mode: http://cbr.ru/press/pr/?file=15042022_131514BANK_SECTOR15042022_121719.htm (date of access: 06/20/2022).
3. Foreign banks are leaving Russia. How will this affect their customers? – [Electronic resource]. – Access mode: https://www.finversia.ru/publication/ocenka/poslednie-priklyucheniya-inobankov-v-rossii-111868 (date of access: 20.06.2022).
4. Information on operating credit institutions with the participation of non-residents as of January 1, 2021. – [Electronic resource]. – Access mode: https://www.cbr.ru/Collection/Collection/File/32130/PUB_210101.pdf (date of access: 06/22/2022).
5. Quantitative characteristics of operating credit institutions (2021). – [Electronic resource]. – Access mode: https://www.cbr.ru/banking_sector/statistics/ (date of access: 06/22/2022).
6. Tatarinova L. V. Participation of foreign capital in the Russian banking system // Baikal Research Journal. – 2018. – T. 9. No. 3. – P. 11. DOI: 10.17150/2411-6262.2018.9(3).11.
7. The Central Bank agreed on a project on the external management of the assets of a foreign business leaving the Russian Federation. – [Electronic resource]. – Access mode: https://www.interfax.ru/business/829556 (date of access: 06/25/2022).
8. Yaroshenko NV Legal problems of creation and activity of credit institutions with foreign capital // Entrepreneurial Law. – 2021. – No. 3. – pp. 40-49. DOI: 10.18572/1999-4788-2021-3-40-49.
FINANCIAL RIGHT
LITSENBERG Irina Ivanovna
Ph.D. in economical sciences, associate professor, Dean of the Faculty of Law of the Trans-Baikal Institute of Entrepreneurship – Branch of the Siberian University of Consumer Cooperation
THE CENTRAL BANK OF RUSSIA AS A BANKING SUPERVISION BODY
The article reveals the powers of the Bank of Russia as a banking supervision body. It is noted that prudential supervision and the main functions of the central bank clearly complement each other. When choosing corrective actions, one should be guided by the effectiveness of decisions and their dependence on the nature of shortcomings, their causes, and the overall financial condition of the bank. Unfortunately, not all of these criteria are applied by the Bank of Russia all the time. The analysis of the correlation between the norms of the Law and the Administrative Code revealed a number of discrepancies between Article 74 of the Law on the Bank of Russia and art. 15.26 of the Administrative Code, which, taking into account also the very rare application in practice of liability under Article 15.26 of the Administrative Code, allowed us to conclude that it is advisable to bring the punishment under this article in accordance with Article 74 of the Law on the Bank of Russia, or the exclusion of Article 15.26 from the Administrative Code. It is noted that the Bank of Russia has been cleaning up the banking sector since 2013 by revoking licenses from banks. In this regard, an obvious problem is the growing concentration of capital in the largest banks, which gives them the opportunity to displace small players from the market.
Keywords: Bank of Russia, bank, authority, control, supervision, administrative responsibility.
Work bibliographic list
1. Astashov V.S. Problems and prospects for the development of banking regulation and supervision in Russia // Chronoeconomics. 2020. No. 3 (24). May.
2. Lapina M.A., Karpukhin D.V., Komissarova M.V. Comparative legal analysis of the procedure for the application by the Bank of Russia to credit institutions of measures of administrative coercion // Banking Law. 2014. No. 5 // ATP «Consultant Plus».
3. Nalobnova N.V. The problem of compliance with the procedural order of bringing credit institutions to administrative responsibility for violating the legislation on banks and banking // Banking Law. 2012. No. 9.
4. Ninalalova F.I., Gasanova A.G. Analysis of the activities of the Central Bank of the Russian Federation for the control and supervision of the banking sector // Bulletin of the Dagestan State University Series 3. Social Sciences. 2021. Volume 36. Issue. 1.
5. Korshunova S.E. The development of the sphere of supervisory activities of the bank of russia as a mega-regulator of the financial market // Journal of Economy and Business. 2020 Vol. 7 (65).
FINANCIAL RIGHT
SOROKVASHINA Yuliya Sergeevna
magister student of Economics, finance and accounting sub-faculty of the I. S. Turgenev Oryol State University
ANDROSOVA Anastasiya Olegovna
magister student of Economics, finance and accounting sub-faculty of the I. S. Turgenev Oryol State University
WORLD EXPERIENCE IN IMPLEMENTING THE STRATEGY OF GREEN FINANCE
The article discusses international approaches to the definition of “green” financing, and also analyzes the most striking and successful examples of programs for implementing a strategy aimed at developing a “green” economy, which can be taken as a basis and adapted to the national economy for the development of programs to protect the environment and increase standard of living.
Keywords: “green” financing, world experience, “green” economy.
Work bibliographic list
1. G20 Green Finance Synthesis Report / G20 Green Finance Study Group, 2017. [Electronic resource]. – Access Mode: https://www.bundesfinanzministerium.de/Content/EN/Standardartikel/ Topics/world/G7-G20/G20 Documents/Hamburg_reports-mentioned/G20-Green-Finance-Synthesis-Report.pdf?__blob=publicationFile& v=3
2. People’s Bank of China. UNEP Inquiry (2015). Establishing China’s Green Financial System. Theoretical Framework of Green Finance. Available at: [Electronic resource]. – Access Mode: http://unepinquiry.org/wp-content/uploads/2015/04/ECGFS_Background_Paper_A_Theoretical_Framework.pdf.
3. Arkhipova V. V. “Green Finance” as a tool for solving global problems // Higher School of Economics Economic Journal. – 2017. – V. 21. – No. 2. – S. 312-322
4. Bazhenov I.N. “Green” financing: world trends and Russian practice // Problems of national strategy. – 2018. – P. 172-186.
5. Dvoretskaya A.E. Green financing as a modern trend of the global economy // Bulletin of the Academy. Moscow Academy of Entrepreneurship under the Government of Moscow. – 2017. – No. 2. – P. 60-65.
TAX LAW
DIBIROV Yusup Saibulaevich
senior lecturer
GAPAEV Islan Gaparovich
magister student of the 2nd course of study of the Institute of Law of the Dagestan State University
FORMS AND METHODS OF ORGANIZATION OF CONTROL WORK OF TAX AUTHORITIES
The creation of an effective system of control over the collection of tax revenues to the budget system should be among the main tasks of the general socio-economic policy of the state. Tax audits, obtaining explanations from taxpayers, tax agents and payers of the collection, inspection of premises and territories used to extract income (profit), checking accounting and reporting data, tax monitoring, etc. They are the main tools of the control activities of tax authorities, allowing the most complete and thorough verification of the correctness of the payment of taxes (fees) and the fulfillment of other duties by the taxpayer.
Keywords: tax control, tax audits, taxes, tax offenses, tax authorities, desk tax audit, on-site tax audit.
Work 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” // Gazette of the SND and the Supreme Council of the RSFSR. 1991. No. 15. Art. 492.
3. Krokhina Yu.A. Tax law: a textbook for universities. M.: Yurayt, 2020. P. 174.
4. Decree of the Federal Antimonopoly Service of the Moscow District of August 20, 2010 No. KA-A40 / 8830-10 “On the cancellation of the decision of the tax authority” // ATP Consultant Plus.
5. Ledovskaya D.A. Evaluation of the effectiveness of field tax audits // Bulletin of the Ural Institute of Economics, Management and Law. 2018. No. 2. P. 57.
6. Determination of the Constitutional Court of the Russian Federation of 08.04.2010 No. 441-O-O “On the refusal to accept for consideration the complaint of civil Izmailova G.V. to the violation of her constitutional rights, paragraph 1 of Art. 89 of the Tax Code of the Russian Federation // ATP Consultant Plus.
7. Big legal dictionary. [Electronic resource]. – Access mode: https://rus-big-jurisprudence-dict.slovaronline.com/ (date of access: 04/09/2020).
TAX LAW
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor of Public law sub-faculty of the Pacific National University
POLYAKOVA Svatlana Andreevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Far Eastern Law Institute of the MIA of Russia
ON PRINCIPLES IN RUSSIAN TAX LAW
The article is devoted to the study of one of the problems of the theory of tax law. It deals with such an important legal category of tax law as principles.
The authors attempt to consider their essence, group by type, highlighting the principles of tax law, the principles of its general and special parts, as well as institutions. The principles of tax law are called as a separate group.
In addition, the conclusion about the special role of the principles of tax law for law enforcement practice in modern conditions is justified.
Keywords: legal system, tax law, scientists, principle, tax system, legislation, taxation, lawyer, economist, tax establishment, tax introduction, tax, type, industry, general and special part, institute, science.
Work bibliographic list
1. Demin A.V. Norms of tax law: monograph. – Krasnoyarsk: Siberian Federal University, 2010.
2. Financial and economic dictionary. – M.: AO «Finstatinform», 1995.
BUDGET LAW
GAZIZOV Timur Irshatovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOCIAL GUARANTEES IN THE FIELD OF MEDICAL SUPPORT, SANATORIUM AND RESORT TREATMENT FOR EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
This article discusses one of the most important social guarantees for law enforcement officers and members of their families – medical support, analyzes the legislation and highlights the problems that arise when police officers receive medical care, in addition, special attention is focused on measures taken by the state to improve the scope of social guarantees and security. The special importance of sanatorium-and-spa treatment for employees of the internal affairs bodies of the Russian Federation is also considered.
Keywords: medical support, sanatorium treatment, employees of the Internal Affairs of the Russian Federation, social guarantees.
Work bibliographic list
1. Shustrov D. G. The limits of constitutional change and constitutional control over their observance in Russia and the post-Soviet states: a comparative legal study. – M.: Yurlitinform, 2018. – P. 56.
2. Dubak E. A. Some problems of psychological rehabilitation of police officers // Psychopedagogy in law enforcement agencies. – 2008. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-psihologicheskoy-reabilitatsii-sotrudnikov-ovd (date of access: 14.02.2022).
3. On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation: Federal Law of July 19, 2011 No. 247-FZ [adopted by the State Duma on July 7, 2011: approved by the Federation Council on July 13, 2011]. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_116988/
ENVIRONMENTAL LAW
FETISOVA Anastasiya Maksimovna
LL.M, Legal expert, ANO «The International and Comparative Law Research Center», Property Management Department PJSC «RusHydro»
FISHING CONSERVATION AREAS: CHANGES AS A RESULT OF ADMINISTRATIVE REFORM OF CONTROL, SUPERVISION AND PERMITTING ACTIVITY
The purpose of writing an article is to analyze the results of the reform of control, supervision and licensing activities (“regulatory guillotine”) in terms of changes in the legal regulation of fishery conservation areas. Creating conditions for the start of the practice of establishing these zones is an important step with great environmental potential. The abolition of fish protection zones, as duplicating the legal regime of water protection zones, is positively assessed by the author, since this step contributes to an enhance of the level of legal certainty. The following methods of research are used: theoretical, comparative, extrapolation. This work is additional material for lawyers specializing in environmental and land law, as well as for environmentalists.
Keywords: water bodies, fishery protection zones, fishing conservation areas, «regulatory guillotine».
Work bibliographic list
1. Sivakov D. O. Water object and water fund as legal concepts // Reference legal system «ConsultantPlus».
2. Gassy M. V. Water as a multifaceted legal phenomenon. Search for legal status // Proceedings of the I North-West Interregional Public Ecological Conference “Water Resources of the North-West: Problems, Prospects, Solutions”, held by the Public Chamber of the Leningrad Region on March 27-28, 2017.
3. Bogolyubov S. A., Kichigin N. V., Ponomarev M. V. Commentary on the Water Code of the Russian Federation (item-by-article) // Reference Legal System «ConsultantPlus». The author of the commentary to Art. 64 – S. A. Bogolyubov.
4. Brinchuk M. M. Environmental Law: Textbook. – M.: Higher education, 2005. – P. 346.
5. Law of the Republic of Kazakhstan dated July 7, 2006 No. 175-III “On Specially Protected Natural Territories”. – Art. 80. – [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=37348957 (date of access: 06/10/2022).
6. Instead of the fish protection zone – reserve: what has changed for fish farms. – [Electronic resource]. – Access mode: https://crimea.ria.ru/20211215/vmesto-rybookhrannoy-zony—zapovednik-chto-izmenilos-dlya-rybnykh-khozyaystv-1121741367.html (date of access: 06/10/2022).
7. Zolotova O. A. Legal regime of lands of protected zones: Dis. &helli; cand. legal Sciences. – Moscow, 2013. – P. 20.
8. Biological substantiation of the formation of the Western Kamchatka fishery reserve zone. Report of KamchatNIRO, 2011.
ENVIRONMENTAL LAW
ANDROSOVA Anastasiya Olegovna
magister student of Economics, finance and accounting sub-faculty of the I. S. Turgenev Oryol State University
PROBLEMS OF ENVIRONMENTAL MANAGEMENT IN THE RUSSIAN FEDERATION AND WAYS TO OVERCOME THEM
The article examines the main difficulties of the Russian Federation in the field of rational nature management, which, in turn, is a condition for sustainable economic growth, and also considers ways to overcome existing problems.
Keywords: nature management, natural resources, rational use.
Work bibliographic list
1. Bobylev A.O. Development of the system of state management of environmental activities in Russia // EKO. – 2020. No. 3. – P. 154-169.
2. Ivatanova N.P., Bezgubova A.A., Gryaznova E.A. Economic problems of regional management of nature management and the natural environment // Proceedings of the International Conference “Socio-economic and environmental problems of mining, construction and energy”. – TulGU. – 2021. – V. 1. – S. 612-615.
3. Ignatieva I.A. Economic regulation in the field of environmental protection and nature management and tools of the “green” economics: intersection points in law // Ecological law. – 2019. – No. 4. – S. 37-42.
4. Shevchuk V.D., Rogozhin L.K. The economy of the future and a closed resource cycle // The Economist. – 2020. – №3. – S. 32-41.
TRANSPORT LAW
BEBURIYA David Besikovich
postgraduate student of the 1st course of the Institute of Law of the Russian University of Transport (MIIT)
TO THE QUESTION OF THE LEGAL ASPECTS OF DIGITALIZATION IN THE LOGISTICS AND TRANSPORT INDUSTRY IN MODERN CONDITIONS
The article discusses the digitalization of the transport industry in modern conditions. The author analyzes in detail the logistics, which is currently undergoing a serious stage of its development, which in turn requires a serious legal framework. The article reveals the nature of the development of logistics in transport law.
Keywords: transport, logistics, digitalization, legal regulation.
Work bibliographic list
1. Borisov A. V. Threats to transport security in Russia // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2020. – No. 2 (24). – P. 76-79.
2. Dmitrieva O. A., Ilyukhina S. S., Vlasov A. V. Logistics. Tutorial. – Volgograd, 2018.
3. Dukhno N. A., Chebotareva A. A. Transport and Legal Forum: an annual international and leading scientific event of the Law Institute of the Russian University of Transport. // Transport Law and Security. – 2021. – No. 1 (37). – P. 13-20.
4. Dukhno N. A., Zemlin A. I., Gots E. V., Edigareva Yu. G., Zemlina O. M., Lipunov V. I., Mamonova M. V., Matveeva M. A., Melnikov V S., Melnikova Yu. V., Openyshev O. S., Petrov Yu. I., Pishchelko A. V., Rasulov A. V., Filippova M. Yu., Kharlamova Yu. A., Khimich T. M. .Transport law. Textbook. – Moscow, 2022. Ser. 76 Higher education (3rd ed., translated and added).
5. Rudakova E. N., Panshin A. I., Vlasov A. V. Digitalization as one of the trends in the development of transport and logistics in modern conditions. Entrepreneur’s Guide. – 2021. – T. 14. – No. 1. – S. 51-61.
CRIMINAL LAW
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
ABUSE OF OFFICE (ARTICLE 285 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) AND ABUSE OF OFFICE (ARTICLE 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) AS CRIMES AGAINST STATE POWER, THE INTERESTS OF THE STATE AND MUNICIPAL SERVICE: THEIR FEATURES AND DIFFERENCES
This work provides a quantitative description of the crimes provided for in Articles 285, 286 of the Criminal Code of the Russian Federation. The indicators for the number of convicted persons according to these articles and the types of punishment imposed are summarized. The criminal legal features of these types of crimes are considered. Their differences in the objective side and in the list of qualifying features were determined. Some causes of these crimes have been identified and measures have been proposed to prevent them.
Keywords: official, use of official powers, vested interest, material violation of rights and legitimate interests, limits of authority.
Work bibliographic list
1. Crime rates in Russia. – [Electronic resource]. – Access mode: http: //crimestat.ru. (date of access: 03.06.2022).
2. Criminal Code of the Russian Federation of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 23.09.2021).
3. Judicial statistics. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 06/10/2022).
CRIMINAL LAW
BADAMSHIN Ilfat Davletnurovich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
KOSINOV Vyacheslav Vladimirovich
lecturer of Internal affairs in special conditions sub-faculty of the St. Petersburg University of the MIA of Russia
KULIEV Inal Borisovich
lecturer of Special disciplines sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
VIOLENCE IN THE FAMILY: TO THE QUESTION OF ITS INTERPRETATION
Crime in Russia over a long period of time is the most significant, among all, more and more increasing, spectrum causing wide public resonance, phenomenon. This is especially true for the facts of manifestation in the society of intolerance, excessive aggression and violence. Based on the analysis of a criminal nature, violence as such spread in almost all spheres of the life of society and man and finds its expression in its most diverse forms. The family-household sphere did not remain unaffected.
Keywords: family, family relations, conflict, aggression, violence, violent crime.
Work bibliographic list
1. General Prosecutor’s Office of the Russian Federation. Legal Statistics Portal. Crime indicators in Russia. [Electronic resource]. – Access mode: http://crimestat.ru/analytics (date of access: 06/11/2022).
2. Badamshin I.D. On the state of domestic violence // collection of materials of the All-Russian scientific and practical conference “Criminal policy in modern Russia: state and development prospects”. – Ufa: UUI of the Ministry of Internal Affairs of Russia, 2020. – pp. 8-11.
3. Dal V.I. Explanatory Dictionary of the Living Great Russian Language. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Spravochniki/tolkovyj-slovar-zhivogo-velikorusskogo-jazyka-v-i-dalja-bukva-n/2160 (date of access: 06/11/2022).
4. Abubakirov F. M. Criminal-legal assessment of violence in criminal legislation and judicial practice // Russian judge. – 2011. – No. 8. – pp. 19-23.
5. Fateev A. N. Domestic violence: experience of criminological research: author. dis. … cand. legal Sciences. – M., 2006. – 19 p.
6. Baron R., Richardson D. Aggression. – St. Petersburg: Peter, 2001. – 352 p.
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
FEATURES OF CORRECTIONAL AND EDUCATIONAL IMPACT ON JUVENILE OFFENDERS IN CONDITIONS OF PENITENTIARY INSTITUTIONS
The article actualizes the problem of correction of juvenile offenders in conditions of penitentiary institutions; The concepts of “correctional and educational impact”, “penitentiary institutions” are revealed; specific methods of correction of juvenile convicts through educational impact are characterized. The paper also provides statistical data revealing the features of crimes committed by juvenile offenders; modern methods and directions of correction of juvenile offenders in educational colonies are considered.
Keywords: penitentiary system, educational work, methods of education, method of encouragement, method of punishment, moral and patriotic qualities of personality, sanitary and hygienic education.
Work bibliographic list
1. Penal Code of the Russian Federation of 08.01.1997 No. 1-FZ (with amendments and additions that entered into force on 08.01.2019). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_12940/
2. Statistical report of the Federal Penitentiary Service of Russia in the form 2-UIS “Report on the state of crime among persons held in penitentiary institutions” for 2018, 2019, 2020, 2021
3. Guryevskikh P. V. Measures of encouragement as a tool for juvenile convicts // Law Journal. – 2014. – № 2.
4. Borovikov S. A. Compulsory measures of educational influence in relation to minors as an alternative to criminal punishment: dissertation … candidate of legal sciences: 12.00.08. – Vologda, 2017. – 234 p.
5. Tagirova G.S. Psychological and pedagogical correctional work with difficult adolescents. – M.: Ped. Society of Russia, 2015.
CRIMINAL LAW
EVSEEV Ivan Valentinovich
associate professor of Civil law sub-faculty of the Ural Institute of Management of the RANEPA under the President of the Russian Federation
SHULGA Ruslan Yurjevich
senior lecturer of the Kurgan State University
PROBLEMS OF COUNTERING THE OCCURRENCE AND DISTRIBUTION OF EXTREMISM IN THE INSTITUTIONS OF THE CRIMINAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION
In the presented article, the authors present reasoning on the dissemination of ideas of an extremist orientation in institutions of the punishment execution system by means of close interaction for a long time. Based on the analysis of statistical information and analysis of personal conversations with convicts from among those in contact with adherents of extremist views, the authors came to the conclusion that it is necessary to elaborate in detail programs of educational and corrective influence on convicts for extremism and terrorism.
Keywords: penal institutions, convicts, extremist ideas, influence, legal directions.
Work bibliographic list
1. Evseev I.V., Trotsenko O.S. From the history of the emergence of correctional institutions in the Urals from the moment of their inception until the 1970s. Verkhneuralsk prison. – Yekaterinburg, 2021. – 256 p.
2. Kochoi S.M. Terrorism and extremism: criminal law characteristics. – M.: «Prospect», 2005. – P. 175 // Social and humanitarian sciences. Domestic and foreign literature. Ser. 4. State and law: ref. magazine – 2006. – No. 2. – pp. 110-112.
3. Matchanova Z.Sh. Factors of the spread of terrorism in modern Russia: criminological analysis: dis. &helli; cand. legal Sciences. – SPb., 2015. – 219 p.
4. Matchanova Z.Sh. Factors of the spread of terrorism in modern Russia: criminological analysis: dis. &helli; cand. legal Sciences. – SPb., 2015. – P. 181.
5. Merkuriev V.V. Prevention of extremist activity in correctional institutions of the Federal Penitentiary Service of Russia in the context of solving the problems of preserving and developing the personality of convicts // Prison service: official. inform. Synod resource. otd. Moscow Patriarchate for Prison Ministry. [Electronic resource]. – Access mode: http://crimas.ru/wp-content/uploads/2014/12/Doklad-Merkureva-v-Akademii-FSIN-Rossii-27-28.11.2014.pdf (date of access: 31.08.2021).< br />6. Chistyakov A.A., Vladimirov D.M. Countering the possibilities of the emergence and spread of extremism in the institutions of the penitentiary system // Man: crime and punishment. – 2020. – T. 28(1-4), No. 3. – pp. 417-424.
7. Yarovsky M.A. Organization of counteraction to religious extremism in places of deprivation of liberty: textbook – pract. allowance. – Samara: Samar. legal Institute of the Federal Penitentiary Service of Russia, 2015. – 195 p.
8. Yarovsky M.A. Penitentiary extremism: the scale of the threat and circumstances conducive to the commission of offenses of an extremist nature // Man: crime and punishment. – 2017. – T. 25 (1-4). – No. 3. – pp. 443-451.
CRIMINAL LAW
KOMAROVA Lyudmila Viktorovna
Ph.D. in philosophical sciences, Ph.D. in Law, associate professor, professor of Constitutional and administrative law sub-faculty of the Kuban State University
PROBLEMATIC ISSUES OF SENTENCING FOR ENVIRONMENTAL CRIMES: LAW AND JUDICIAL PRACTICE
This work is devoted to the problematic issues of assigning fair punishment for environmental crimes. The article presents a comparative analysis of sentencing for the same crime committed before and after the changes in the criminal legislation in 2018. The author notes that the disproportionate increase in punishment reduces its effectiveness, as practice shows. The comparative legal analysis made it possible to make proposals for improving the Russian criminal legislation when imposing penalties for environmental crimes.
Keywords: offense, individualization of punishment, criminal liability, environmental crimes.
Work bibliographic list
1. Antonov I., Schweiger A. Difficulties in qualifying norms providing for liability for environmental pollution // Criminal law. – 2013. – No. 3. – P. 5.
2. Agarzaeva G.A. On the necessity of fixing the sign of repetition in the criminal-legal structure of Article 250 of the Criminal Code of the Russian Federation // Izvestiya DSPU. – 2015. – No. 2 (31). – P. 98.
3. Vukolova N.V. Sentencing for environmental crimes “On some issues and problems of modern jurisprudence”: Sat. scientific papers based on the results of the international scientific and practical conference. No. 2. – Chelyabinsk, 2015. – P. 57.
4. Galinovskaya E.A. Legal regulation of the use and protection of biological resources: scientific-practical. allowance / Resp. ed. E.L. Minin. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2018. – P. 276.
5. Komarova L.V. Problems of qualification and individualization of punishment for environmental crimes // Essays on the latest cameralistics. – 2021. – No. 2. – pp. 34-37.
6. Luzhbin A., Schweiger A. Difficulties in applying Art. 250 of the Criminal Code of the Russian Federation // Criminal Law. – 2012. – No. 3. – P. 56.
7. Popov I.V. Crimes against the natural environment: problems of theory and practice. – M.: Yurlitinform, 2012. – P. 310.
8. Fatkulin S.T., Grishchenko V.A. The practice of sentencing for environmental crimes: Russian and world experience // Law and order: history, theory, practice. – 2016. – No. 2. –S. 71.
9. Shupletsova V.I. Legal regulation of the use and protection of forests under the legislation of the Russian Federation and foreign countries: monograph / ed. ed. Yu.I. Shupletsov. — M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2019. – P. 100.
10. Beznoshchenko D.A. Pollution of waters and the marine environment: criminal law analysis // Young researcher of the Don. — 2020. — No. 1 (22). — P. 108.
CRIMINAL LAW
KILIMBAEV Roman Valerjevich
Ph.D. in Law, senior lecturer of Criminal law sub-faculty of the Academy of the FPS of Russia
«WRONGFULNESS» AS A SIGN OF AN UNFINISHED CRIME
Since the adoption in 1996 of the current criminal law, the norms of the institution of an unfinished crime (Chapter 6 of the Criminal Code of the Russian Federation) have never been changed or supplemented, which at first glance may indicate its perfection and impeccability. Nevertheless, in the theory of criminal law, this institution still causes a lot of controversy and controversy, and in practice it often presents difficulties in application.
This article raises the question of the presence of a sign of illegality in an unfinished act, interrupted at the stage of preparation and at the stage of attempt. The subject of the article is the domestic criminal legislation and scientific works devoted to the category of wrongfulness and the institution of an unfinished crime. The purpose of the study is to consider the presence of a sign of unlawfulness in an unfinished act interrupted at the preparation stage and in an act interrupted at the attempt stage. The significance of the work lies in the fact that its results complement the doctrine of an unfinished crime and can be used in further scientific research on this criminal law institution. Conclusions are formulated about the presence of a sign of illegality in an unfinished act interrupted at the stage of an attempt and about its absence in an act interrupted at the stage of preparation. Proposals have been formulated to improve legislation in terms of the institution of an unfinished crime.
Keywords: illegality, unfinished crime, preparation for a crime, attempted crime, corpus delicti, criminal liability.
Work bibliographic list
1. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Yur. Literature, 1961.
2. Pavlukhin A. N. Socially dangerous behavior and its criminal wrongfulness. A. N. Pavlukhin, P. N. Nesterov, N. D. Eriashvili; ed. A. N. Pavlukhina. – M., 2007.
3. Dzhamalova B. B., Okruzhko V. Yu. The concept and main characteristics of criminal wrongfulness as a formal sign of a crime // Modern scientist. – 2019. – No. 6.
4. Tishkevich I.S. Preparation and attempt under Soviet criminal law. – Moscow, 1958.
5. Trainin A. N. Criminal liability for preparatory actions for a crime // Socialist legality. – 1953. – No. 12.
6. Nemirovsky E. Ya. Soviet criminal law. – Odessa, 1926.
7. Poznyshev SV Textbook of criminal law. A common part. – M.: Yurid. Publishing House of the People’s Commissariat of Justice, 1923.
8. Kilimbaev R. V. The basis and limits of liability for an unfinished crime: dis. &helli; cand. legal Sciences. – Ryazan, 2021.
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
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
IBRAGIMOV Ibrahim Gebekovich
magister student 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
PECULIARITIES OF THE APPLICATION OF CORRECTIVE MEASURES OF A MEDICAL NATURE IN THE NETHERLANDS
The article analyzes the norms of the criminal legislation of the Netherlands, which provide for various ways of applying coercive measures of a medical nature to persons who have committed a crime in a state of insanity or limited sanity. It also analyzes the unified public information database created in the Netherlands of persons suffering from a disorder of sexual preference (pedophilia) and having or having had a conviction for crimes against sexual integrity and other crimes of a sexual nature against minors.
The experience of the Netherlands in the application of coercive medical measures against persons who have committed a crime and have been declared insane by the court, as well as measures aimed at creating a system of preventive registration of persons prone to committing pedophilic offenses, in our opinion, should be taken into account when developing organizational and legal mechanisms to prevent relapse crime on the part of this category of persons on the territory of Russia.
Keywords: The Netherlands, persons who have committed crimes, the insane, compulsory medical measures, features of criminal legislation, persons suffering from pedophilia.
Work bibliographic list
1. Criminal Code of the Netherlands Scientific. ed. B. V. Volzhenkin; Per. from English. Legal. center. – [Electronic resource]. – Access mode: https://www.studmed.ru/view/ugolovnyy-kodeks-hollandii_7e2360bb71b.html.
2. Hryunhausen M. Some fundamentals and main principles of the Netherlands Criminal Code // Criminal Code of Holland. – SPb., 2001. – P. 10.
3. Tarbagaev A. N. Introduction to the criminal law of the Netherlands: the main institutions of the General part: textbook. allowance. – Krasnoyarsk, 2000. – P. 22.
4. Lensing H. The Dutch Criminal Code in a Comparative Aspect // Criminal Code of Holland. – SPb., 2001. – pp. 10-14.
5. Allen M., Smith V. F. Opening Pandora’s box: The practical and legal dangers of involuntary outpatient commitment // Psychiatric Services. – 2001. – Vol. 52, No. 3. – pp. 342-346.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia.
EDUCATION AS AN ELEMENT OF THE SOCIAL ADAPTATION OF CONVICTS IN CONTINENTAL EUROPE
The article notes the important role of obtaining the necessary vocational education for persons sentenced to deprivation of liberty, which is assigned to it by the countries of continental Europe. The article lists the main directions and levels of education available to convicts in a number countries of continental Europe.
Keywords: education of convicts, social adaptation, resocialization, correction of convicts, social adaptation, Europe.
Work bibliographic list
1. Rezhapova I. M. Education for prisoners abroad / I. M. Rezhapova // Theory and practice of scientific research: psychology, pedagogy, economics and management. – 2020. – No. 1 (9). – pp. 56-62. – EDN LLBYGD.
2. Kazakova T. A. Education of prisoners as an integral part of their resocialization (foreign experience) / T. A. Kazakova, M. I. Kuznetsov // Penitentiary system and society: interaction experience: Collection of materials of the VIII International scientific and practical conference, Perm, 06&ndash ;April 8, 2021. – FKOU VO Perm Institute of the Federal Penitentiary Service of Russia: Perm Institute of the Federal Penitentiary Service, 2021. – pp. 163-164. – EDN WETQYN.
3. Costello Anne; Torfinn Langelid; Wilson, An (2012). “Survey on Prison Education and Training in Europe” (PDF). Europa. OCLC 953824641. Archived from the original (PDF) on June 17, 2013. [Electronic resource]. – Access mode: https://op.europa.eu/en/publication-detail//publication/6480d344-75e7-4573-b860-1f62f1edc6c3.
4. Daria Becker Pestka (2020). “Meaning and meaninglessness of education for convicts. Selected aspects of education for convicts in Poland and in Europe”. Social Sciences & humanities open. 2(1). [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/pii/S2590291120300425.
5. Incarceration within American and Nordic Prisons: Comparison of National and International Policies (2012). [Electronic resource]. – Access mode: http://www.dropoutprevention.org/engage-backup/incarceration-within-american-and-nordic-prisons.
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 N. G. Stoletov Vladimir State University, senior justice adviser
VASILCHENKO Kseniya Vladislavovna
postgraduate student 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
ON THE ISSUE OF CRIMINAL LAW PROTECTION OF THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION FROM UNDESIRABLE ACTIVITIES OF FOREIGN AND INTERNATIONAL NONGOVERNMENTAL ORGANIZATIONS
The article analyzes the specifics of establishing criminal liability for the activities of a foreign or international non-governmental organization, in respect of which a decision was made to recognize its activities as undesirable on the territory of the Russian Federation (Article 284.1 of the Criminal Code of the Russian Federation). The assessment of this legislative decision is given, its socio-legal prerequisites are considered, nonviolent seizure of power.
Keywords: undesirable activity, non-governmental organizations, foreign and international organizations, criminal liability, foundations of the constitutional system, color revolutions.
Work bibliographic list
1. Grigoryeva L. V. The content of the object of criminal law protection, provided for by Article 284.1 of the Criminal Code of the Russian Federation // Bulletin of the Saratov State Law Academy. – 2016. – S. 237-242.
2. Kuznetsov A.P. The concept and general characteristics of crimes against the foundations of the constitutional system and state security // Socio-political sciences. – 2017. – No. 4. – P. 86-90.
3. Sergun E.P. Implementation of activities on the territory of the Russian Federation by an “undesirable” foreign or international non-governmental organization (Article 284.1 of the Criminal Code of the Russian Federation) // Bulletin of the Russian Academy of Law. – 2017. – No. 3. – P. 33-38.
CRIMINAL LAW
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
THE IMPORTANCE OF RETHINKING AND IMPROVING THE CRIMINAL LEGAL MEANS OF PROTECTING TRADITIONAL SEXUAL RELATIONS
The article examines both modern and criminal legal means of protection of traditional sexual relations formed in the Soviet period. Special attention is paid to the importance of rethinking such an object of crimes as sexual freedom. Possible directions for improving criminal legislation in order to maintain the law and order in force in the Russian Federation in the field of traditional sexual relations are formulated.
Keywords: crime, criminal liability, traditional sexual relations, the object of the crime, crimes against sexual freedom.
Work bibliographic list
1. Comprehensive analysis of the state of crime in the Russian Federation at the end of 2021 and expected trends in its development: Analytical review / M.V. Goncharova, O.R. Afanasiev, M.M. Babaev, G.F. Koimshidi, G.E. Bitsadze, V.G. Smirnov. – Moscow: All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – 78 p.
2. Crime conditions // Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/28021552/. (Accessed: 06/20/2022).
3. Mikhailova N.V. The object of crimes against sexual freedom and sexual inviolability // Spiritual situation of the time. Russia XXI century. – 2020. – No. 3 (22). – pp. 57-59.
4. Dydo A.V. Rape (Problems of criminal-legal qualification): author. dis. &helli; Ph.D. – Vladivostok, 2006. – 24 p.
5. Poddubnaya E. V. Rape and violent acts of a sexual nature: criminal law characteristics and qualifications: author. dis. &helli; Ph.D. – M., 2008. – 24 p.
6. Stetyukha MP Sexual freedom as an object of criminal law protection: some aspects // Almanac of modern science and education. – 2016. – No. 3 (105). – P. 120-123.
CRIMINAL LAW
FETISHCHEVA Lidiya Mikhaylovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Perm Institute of the FPS of Russia
SOKOLSKIKH Irina Ivanovna
cadet of the 3rd course of the Perm Institute of the FPS of Russia
THE MAIN ELEMENTS OF THE CONCEPT OF GUILT IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION
The relevance of the chosen topic lies in the fact that the establishment of the subjective side of the corpus delicti, of which guilt is an integral part, is a rather difficult problem. It is necessary to correctly establish the specific form of guilt (intentional crime or it was completely negligent). Guilt is the mental attitude of a person to a socially dangerous act committed by him and its consequences. Even the very concepts of guilt and responsibility are closely related. Since guilt is a feeling inherent in a morally developed person who is able to make responsible decisions. And this very relationship between these concepts is manifested in the fact that responsibility is a property of freedom, and guilt is one of the expressions of responsibility. The article reflects that there is no precise definition of guilt in modern criminal legislation, but only its forms are indicated. Guilt means the mental attitude of a person to a socially dangerous action or inaction committed by him and its consequences, which is expressed in the form of intent or negligence. Guilt should be differentiated from the emotional state, motives and goals that are taken into account when qualifying a crime.
Keywords: crime, guilt, criminal law, subjective side of the crime, signs of guilt, intent, negligence.
Work bibliographic list
1. Guilt in Russian criminal law: Abstract of the day. … candidate of legal sciences. – Rostov-on-Don, 2004. – S. 26.
2. Grebnyuk A.V. Guilt in Russian criminal law: Abstract of the thesis. … candidate of law. Sciences. – Rostov-on-Don, 2004. – P. 6.
3. Brief description of the state of crime in the Russian Federation for January – December 2019. [Electronic resource]. – Access mode: http://www.mvd.ru/ (date of access: 03.10.2021).
4. Brief description of the state of crime in the Russian Federation for January – December 2020. [Electronic resource]. – Access mode: http://www.mvd.ru/ (date of access: 03.10.2021).
5. On the submission to the State Duma of the Federal Assembly of the Russian Federation of the draft federal law “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with the introduction of the concept of a criminal offense”: Decree of the Plenum of the Supreme Court of the Russian Federation of October 13, 2020 No. 24. Access from the reference legal system «ConsultantPlus».
6. Decrees of the Yegenum of the Supreme Court of the Russian Federation dated January 27, 1999 “On judicial practice in cases of murder (Article 105 of the Criminal Code)” // Bulletin of the Supreme Court of the Russian Federation. – 1999. – № 3.
7. Crime: social and legal analysis: textbook / AI Martsev. – Omsk, 2012. – P. 22.
8. Sentence of the Bardymsky District Court No. 1-60/2019 dated June 27, 2019 in case No. 1-60/2019 // Sudact.ru. Judicial and normative acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/aOdE10J9jHw/ (date of access: 02.10.2021).
9. Sverchkov VV Crime and elements of crime. Features of criminal behavior and criminal prosecution. – M., 2019. – S. 18.
10. Chuprin D. A. Implementation of the principle of guilt in the modern criminal law of Russia // Manuscript. – 2017. – No. 11. – P. 196.
CRIMINAL LAW
ZAKHAROV Ivan Sergeevich
postgraduate student of Criminal law and criminology sub-faculty of the Chelyabinsk State University
SOME ISSUES OF QUALIFICATION OF CRIMES PROVIDED FOR IN ARTICLE 273 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses some problematic issues related to Article 273 of the Criminal Code of the Russian Federation. The author points out the complexity of the investigation of computer crimes. The article focuses on the availability of special skills and knowledge of investigators when solving computer crimes. Within the framework of the study, the positions of scientists regarding the definition of the subject of the crime provided for in Article 273 of the Criminal Code of the Russian Federation are analyzed. The article discusses various interpretations of the “malicious computer program”. Based on the results obtained, conclusions are drawn about the existing discussion points.
Keywords: computer crime, malware, computer information, object of crime, subject of crime.
Work bibliographic list
1. Gladkikh V. I., Mosechkin I. N. Problems of improving criminal law measures to counteract crimes in the field of computer information // All-Russian Journal of Criminology. –2021. – No. 2. – pp. 229-237.
2. Evdokimov K. N., Taskaev N. N. Problematic issues of qualifying crimes under article 273 of the Criminal Code of the Russian Federation at the stage of initiating a criminal case // All-Russian Journal of Criminology. – 2018. – No. 4. – pp. 590-600.
3. Stepanov-Egiyants VG On the subject of the crime under Art. 273 of the Criminal Code of the Russian Federation // Innovations and investments. – 2014. – No. 9. – pp. 199-202.
4. Criminal law. Special part: textbook / ed. A. V. Fedorova, S. L. Nikonovich, M. M. Daishutova. – M.: Unity-Dana, 2021. – 577 p.
5. Rarog A. I. Commentary on the Criminal Code of the Russian Federation. – M.: Prospekt, 2017. – 546 p.
6. Engelgardt A. A. Computer information as a subject of a crime under Article 273 of the Criminal Code of the Russian Federation // Law. Journal of the Higher School of Economics. – 2014. – No. 4. – pp. 136-145.
7. Criminal law. Special part: textbook / A. A. Aryamov, T. B. Basova, V. P. Bodaevsky [and others]; ed. V. P. Bodaevsky, V. M. Zimin, A. I. Chuchaev. – M.: Prospekt, 2019. – 384 p.
8. Evdokimov KN Creation, use and distribution of malicious computer programs: criminal law and criminological aspects: monograph. – Irkutsk: Irkutsk Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2013. – 267 p.
9. Geller A. V. Criminal-legal and criminological aspects of ensuring the protection of information and the Internet: dis. &helli; cand. legal Sciences. – M., 2006. – 219 p.
10. Dvoretsky M. Yu. Changes and additions to Chapter 28 of the Criminal Code of the Russian Federation, in the context of optimizing criminal liability and improving the efficiency of law enforcement practice // Crimes in the information sphere: problems of investigation, qualification, implementation of responsibility and prevention: materials of the International Scientific and Practical Conference. – Tambov, 2013. – pp. 59-65.
11. Galushin P. V., Lapina E. A. Other malicious computer information as a subject of a crime under article 273 of the Criminal Code of the Russian Federation // Actual problems of legal science. – 2020. – No. 1 (5). – pp. 61-67.
12. Shakhrai S.S. The system of crimes in the field of computer information: comparative legal, sociological-criminological and criminal-legal aspects: dis. cand. &helli; legal Sciences. – M., 2010. – 214 p.
13. Maslakova E. A. Illicit circulation of malicious computer programs: criminal law and criminological aspects: dis. &helli; cand. legal Sciences. – M., 2008. – 198 p.
14. Russkevich E. A. The concept of a malicious computer program // Actual problems of Russian law. – 2018. – No. 11 (96). – pp. 207-215.
15. Golub V. A., Ovchinnikova M. V. The problem of correct definition of the term “malicious program” // Bulletin of the Voronezh State University. – 2008. – No. 1. – pp. 138-141.
16. Krylov VV Information computer crimes. – M.: Infra-M-Norma, 1997. – 285 p.
17. Borodin S. V., Polubinskaya S. V. Crimes in the field of computer information / Ed. V. N. Kudryavtseva, A. V. Naumova. – M.: Lawyer, 1997. – 350 p.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINAL ANALYSIS OF FRAUD UNDER ARTICLE 640 OF THE ITALIAN PENAL CODE
Insufficient effectiveness in combating manifestations of cross-border crime at the national level of a given State, makes it necessary to take into account international experience of criminal law impact on the sphere of fraud, the article analyzes the features of the criminal legislation and the implementation of the criminal law policy of Italy in this area.
Keywords: fraud, criminal policy, foreign countries, confiscation, exemption from criminal liability, Italy.
Work bibliographic list
1. Criminal law of foreign countries: in 3 volumes. Volume 2. General part. France. Germany. Italy. Japan: textbook for universities / N. E. Krylova, V. N. Eremin, M. A. Ignatova, A. V. Serebrennikova; edited by N. E. Krylova. — 5th ed., revised. and additional — Moscow: Yurayt Publishing House, 2022. — 263 p. — (Higher education). — ISBN 978-5-534-02093-9. — Text: electronic // Educational platform Yurayt. [Electronic resource]. – Access mode: https://urait.ru/bcode/490953 (date of access: 06/08/2022).
2. Criminal law of foreign countries: in 3 volumes. Volume 3. Special part: a textbook for universities / N. E. Krylova [and others] executive editor N. E. Krylova. — 5th ed., revised. and additional — Moscow: Yurayt Publishing House, 2022. — 397 p. — (Higher education). — ISBN 978-5-534-01775-5. — Text: electronic // Educational platform Yurayt. [Electronic resource]. – Access mode: https://urait.ru/bcode/490317 (date of access: 06/08/2022).
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 N. G. 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 Vladimir Law Institute of the FPS of Russia, lieutenant colonel of the internal service
FEATURES OF JUDICIAL PENALIZATION OF CRIMES AGAINST FREEDOM, HONOR AND DIGNITY OF THE INDIVIDUAL
The article discusses the features of judicial activity for the period from 2017 to 2021. on the appointment of punishment for crimes, provided for by Ch. 17 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The article specifies which types of punishment are the most preferable in this area. A general assessment of the law enforcement approach regarding the punishability of these crimes at the present stage is given.
Keywords: freedom; honor; dignity of the individual; types of punishment; terms of punishment; deprivation of liberty; judicial penalty.
Work bibliographic list
1. Vardanyan A. A. Crimes related to human trafficking in the context of the globalization trend of illegal encroachments on freedom, honor and dignity of the individual // Philosophy of Law. – 2011. – No. 3 (46). – pp. 106-109.
2. Ivanov A. L., Ermolovich Ya. N. Controversial issues of qualification of kidnapping, illegal imprisonment and human trafficking // Investigation of crimes: problems and ways to solve them. – 2021. – No. 1 (31). – pp. 51-55.
3. Mikhailova I. A. Modern criminogenic situation associated with trafficking in minors // Problems of Law Enforcement. – 2019. – No. 3. – P. 19-23.
CRIMINAL LAW
PROZUMENTOV Andrey Aleksandrovich
postgraduate student of the A. G. and N. G. Stoletovs Vladimir State University, Deputy prosecutor of the Selivanovsky district of the Vladimir region
VARIETY OF SUBJECTS OF LAND CRIMES
The article provides a comprehensive theoretical and legal analysis of a wide range of subjects of crimes infringing on land relations, reflected in various articles of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). A generalizing conclusion is made about what constitutes the modern subject of crimes encroaching on land and land relations.
Keywords: earth; land crimes; subject of crimes encroaching on land relations.
Work bibliographic list
1. Bredikhin A. L. To the question of the concept of the object of crime // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 1 (9). – P. 40-45.
2. Kolosovsky VV Theoretical problems of qualification of criminal acts: monograph. – Moscow: Statute, 2011. – 398 p.
3. Korzhansky N. I. The object of encroachment and qualification of crimes: Proc. allowance. – Volgograd, 1976. – 120 p.
CRIMINAL PROCESS
BELYAEV Mikhail Alexandrovich
lawyer, Moscow Chamber of Advocates, the bar Association “Eksledzh” of the city of Moscow
PRE-TRIAL COOPERATION AGREEMENT: TRANSACTION WITHOUT GUARANTEES
Within the framework of the article, the author examines the legal nature and essence of the institution of a pre-trial cooperation agreement, identifies the subjects and main features of its implementation. The analysis of statistical data and empirical material was carried out, as a effect of which permitted contradictions that want to be determined in order to growth the helpfulness of the institution in question have been identified. The author suggests ways to improve the implementation of the institute of pre-trial agreement, including changes in legislation. Тhe institution of a pre-trial cooperation agreement, identifies the subjects and main features of its implementation.
Keywords: agreement, cooperation, investigation, subjects of pre-trial agreement, limits of criminal liability.
Work bibliographic list
1. Overview report of the Prosecutor’s Office of the Krasnodar Territory on the practice of concluding pre-trial cooperation agreements for 2016-2017. – Krasnodar, 2017.
2. Overview report of the Prosecutor’s Office of the Altai Territory on the practice of concluding pre-trial cooperation agreements for 2015-2016. – Barnaul, 2016.
3. Sakaeva E. Z. The concept of a pre-trial cooperation agreement // Interactive Science. – 2021. – No. 58. – pp. 88-90.
4. Summary statistical data on the activities of federal courts of general jurisdiction and justices of the peace: Statistical data of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79.
CRIMINAL PROCESS
KALAMOV Zhannur Sarsenuly
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Peoples` Friendship University of Russia
THE PROBLEM OF APPLICATION OF ELECTRONIC EVIDENCE IN THE CRIMINAL PROCEEDINGS OF THE RUSSIAN FEDERATION AND COUNTRIES WITH CONTINENTAL SYSTEM LAW
Proving is the most important institution of the criminal justice system and a key element of the criminal investigation process in criminal proceedings. The criminal procedure legislation includes mandatory rules that any guilt in committing a crime shall be proved by the person conducting the preliminary investigation, as well as by the court. Other circumstances are also subject to proving, in particular, the event of the crime, the identity of the accused, and the terms of commissioning the crime. In fact, the whole criminal prosecution process is aimed at proving the guilt or innocence of the person under prosecution.
The global PR informatization has also affected such an important state institution as criminal proceedings. Currently, the RF Criminal Procedure Code legally regulates digital media used as evidence and their enclosure to the criminal case, thus making it possible to talk about certain digitalization of criminal proceedings.
In the civil law countries, digital evidence is also an integral part of the law of evidence and proving in criminal proceedings. It becomes statutory in the relevant procedural codes and laws, which reflects a global trend of introducing digital technology in every significant area of public relations.
Meanwhile, an active development and introduction of digital technology in criminal proceedings has also generated new issues previously unknown both to domestic and foreign legislators. They include clarification of digital evidence status, its provenance and usage, digitalization prospects for criminal proceedings in Russia and abroad.
This article analyzes some modern possibilities of using digital evidence in criminal proceedings in the Russian Federation and civil law countries. In addition, the article highlights current challenges and suggests ways to solve them.
Keywords: criminal proceedings, law of evidence, digital evidence, digital media, information technology.
Work bibliographic list
1. Voronin M.I. Electronic evidence in the Code of Criminal Procedure: to be or not to be? // Lex russica. 2019. No. 7. P. 74-84.
2. Glushkov M.R. Fixing the course and results of an investigative action: the problem of new technologies // Actual problems of Russian law. 2016. No. 12. P. 159-163.
3. Golovnenkov P., Spica N. Code of Criminal Procedure of the Federal Republic of Germany – Strafprozessordnung (StPO): Scientific and practical commentary and translation of the text of the law. Potsdam, 2012.
4. Golubtsov V.G. Electronic evidence in the context of e-justice // Bulletin of the civil process. 2019. No. 1. P. 170-188.
5. Zarubina M.N., Pavlov A.A. On procedural realities and potential possibilities of using electronic evidence in the civil process // Bulletin of the civil process. 2019. No. 1. P. 205-222.
6. Zigura N.A., Kudryavtseva A.V. Computer information as a type of evidence in the criminal process of Russia: Monograph. M., 2011. 234 p.
7. Marfitsin P.G. Some approaches to the formulation of the concept of “electronic evidence” in criminal proceedings // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2017. No. 3 (39). pp. 107-111.
8. Okonenko R.I. “Electronic evidence” and problems of ensuring the rights of citizens to protect the secrets of personal life in criminal proceedings: a comparative analysis of the legislation of the United States of America and the Russian Federation: Abstract of the thesis. … cand. legal Sciences. M., 2016. 22 p.
9. Osipenko A.L. New operational-search activity “obtaining computer information”: content and basics of implementation // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2016. No. 3. P. 83-90.
10. Fundamentals of the theory of electronic evidence: Monograph / Ed. Dr. jurid. Sciences S.V. Zuev. M.: Yurlitinform, 2019. 383 p.
11. Pastukhov P.S. “Electronic evidence” in the normative system of criminal procedural evidence / Ed. O.A. Kuznetsova, V.G. Golubtsova, G.Ya. Borisevich, L.V. Borovykh, Yu.V. Vasilyeva, S.G. Mikhailova, S.B. Polyakova, A.S. Telegina, T.V. Hornet // Perm legal almanac. Annual scientific journal. 2019. No. 1. P. 695-699.
12. Sentence of the Leninsky District Court of Kirov No. 1-144/2017 dated August 11, 2017 – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
13. Sentence of the Minusinsk City Court (Krasnoyarsk Territory) No. 1-260/2019 dated May 30, 2019 – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
14. Sentence of the Oktyabrsky District Court of Novorossiysk No. 1-322/2017 dated November 9, 2017 – [Electronic resource]. – Access mode: http://sudact.ru.
15. Sentence of the Soviet District Court of Tomsk No. 1-254/2017 dated October 16, 2017 – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
16. Criminal Procedure Code of the Republic of Belarus dated July 16, 1999 No. 295-З. – [Electronic resource]. – Access Mode: http://continent-online.com/document/?doc_id=30414958.
CRIMINAL PROCESS
KAAZ Marina Еvaldovna
Ph.D. in Law, associate professor, associate professor of Criminal process sub-faculty of the Ufa law Institute of MIA of Russia
ISAEVA Regina Miniyarovna
Ph.D. in Law, associate professor, Head of the Research and Information Center of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
TO THE QUESTION OF THE CONCEPT AND ESSENCE OF THE INTERACTION OF INVESTIGATIVE BODIES WITH THE COURT AT THE STAGE OF INVESTIGATION
The article gives a brief description of certain aspects that reveal the essence and concept of the interaction of investigative bodies and the court during the criminal proceedings. The points of view available in the legal literature on the concept and forms of organization of interaction between the investigator and the court are analyzed, its main tasks are established. On the basis of the above, the relevant conclusions are drawn, the concept of interaction of the investigator with the judicial authorities is proposed, an opinion is expressed on the possible introduction of a special position of an “investigative judge” into the domestic criminal process, as well as possible changes in the current legislation in this regard.
Keywords: judicial control over the activities of the investigator, “investigative judge” in criminal proceedings, interaction of the investigator and the court in criminal proceedings.
Work bibliographic list
1. Vinokurov L. V. Mutual relations between the investigator, the prosecutor and the court in the investigation of crimes: a monograph. Moscow, 2020. P. 129.
2. Judicial statistics data of the Judicial Department at the Supreme Court of the Russian Federation for 2021. [Electronic resource]. Access mode: https://cdep.ru (date of access: 06/12/2022).
3. On the practice of application by courts of legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions: resolution of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41 // Bulletin of the Supreme Court of the Russian Federation. 2014. No. 2.
4. On the practice of consideration by the courts of petitions for the production of investigative actions related to the restriction of the constitutional rights of citizens (Article 165 of the Code of Criminal Procedure of the Russian Federation): Resolution of the Plenum of the Supreme Court of the Russian Federation of June 01, 2017 No. 19 // Bulletin of the Supreme Court of the Russian Federation. 2017. No. 7.
5. Rogava I. G., Mamedov N. A. Prospects for introduction Olimpiyev A. Yu., Gavryushkin Yu. B. Witness in the criminal process of the Russian Federation // Criminal proceedings: problems of theory and practice. 2019. No. 2. P. 43-45.
6. Frantsiforov Yu. V., Solovieva N. A., Shinkaruk V. V. Features of interaction between the prosecutor, the investigating authorities and the court in pre-trial proceedings in a criminal case // Legal paradigm. 2021. V. 20. No. 2. S. 49-56.
CRIMINAL PROCESS
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia
SOME FEATURES OF THE TACTICS OF THE INVESTIGATIVE EXPERIMENT INVOLVING THE MINORS
The article touches upon the issue of the legal status of the minor “statistician”, as well as the specifics of the tactics of an investigative experiment involving the minor. It is proposed to amend the Article 191 of the Criminal Procedure Code of the Russian Federation by supplementing it with such an investigative action as the investigative experiment. Conducting the investigative experiment with the participation of the minor involves thorough the psychological and organizational preparation for this investigative action.
Keywords: the investigative actions, the investigative experiment, statistician, witnesses, the minor.
Work bibliographic list
1. Khismatullin R.S. The Tactics of the Judicial Experiment in Juvenile Affairs // Legal State: Theory and Practice. – 2014. – No. 2 (36). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/taktika-sudebnogo-eksperimenta-po-delam-nesovershennoletnih (date of access: 04/27/2022).
2. Fedotov I.S. Features of conducting an investigative experiment with the participation of minors // Bulletin of the VI Ministry of Internal Affairs of Russia. – 2016. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-provedeniya-sledstvennogo-eksperimenta-s-uchastiem-nesovershennoletnih (date of access: 04/27/2022).
3. Sheifer S.A. Investigative actions. Grounds, procedural order and evidentiary value. – Samara: Samara University, 2004. – 183 p.
4. Fedotov I.S. Investigation of violent crimes committed against minors: legal, theoretical and organizational foundations: monograph. – M.: Yurlitinform, 2010. – 404 p.
5. Latypov V.S., Salakhova Zh.V. Statistician as another subject (participant) of criminal procedure activity // Historical, philosophical, political and legal sciences, cultural studies and art criticism. Questions of theory and practice. – 2013. – No. 6. – 240 p.
CRIMINAL PROCESS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor 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
ZHARKO Nataliya Viktorovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FEATURES OF THE PREPARATION AND CONDUCT OF AN INVESTIGATIVE EXPERIMENT DURING THE INVESTIGATION OF THE DISORGANIZATION OF THE ACTIVITIES OF INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
Тhis article discusses the features of the organization and conduct of an investigative experiment during the investigation of the disorganization of the activities of institutions of the penal system of Russia, providing isolation from society. The peculiarities of the preparation and conduct of this investigative action in the conditions of a penitentiary institution are indicated. Separate organizational and tactical recommendations for the preparation and conduct of an investigative experiment in a criminal case of this category are proposed.
Keywords: investigative experiment, tactical tasks, recommendations, experimental actions, disorganization of the institution’s activities.
Work 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
MURADOV Suleyman Gadzhimuradovich
assistant prosecutor of the Republic of Dagestan for supervision of the legality of the execution of criminal penalties
PROBLEMS OF JUDICIAL FINES IN CRIMINAL PROCEEDINGS
The article considers the possibility of applying a penalty in the form of a fine imposed by a court for releasing a person from criminal liability to a potential criminal. The author points out some conflicts in legal regulation, as well as the connection of this institution with other institutions of criminal and criminal procedure law, including those that regulate the reasons and procedure for exemption from criminal liability. This article discusses the issues of a criminal case initiated at the request of an investigator to terminate a criminal case or criminal prosecution in connection with the imposition of a preventive measure in the form of a fine.
Keywords: exemption from criminal liability, compensation for damage, victim, compensation for damage, judicial fine.
Work bibliographic list
1. Vdovtsev P.V., Charykov A.V. On exemption from criminal liability with the appointment of a criminal law measure in the form of a judicial fine in the absence of a victim in a criminal case // Russian investigator. – 2021. – No. 6. – pp. 26-30.
2. Judicial statistics data of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=5461.
3. Koryakin A.L. Theory and practice of terminating a criminal case in connection with the appointment of a criminal law measure in the form of a judicial fine // Vestn. Omsk jurid. acad. – 2017. – No. 1. – P. 67.
4. Makarov A. V., Vdovenko M. A. Smoothing out the harm caused in the absence of the victim in pursuance of the conditions for exemption from criminal liability in connection with the appointment of a judicial fine // Russian judge. – 2021. – No. 8. – pp. 31-36.
5. Reshetnyak V. I. Judicial fine in criminal proceedings // Judge. – 2017. – No. 4. – P. 7.
6. Skripchenko N. Yu. Judicial fine: problems of implementation of legislative novels // Zhurn. grew up rights. – 2017. – No. 7. – P. 102.
7. Filchenko A.P. Compensation for damage and making amends for harm as a condition for exemption from criminal liability with the appointment of a judicial fine // Advocate Practice. – 2019. – No. 4. – P. 24.
8. Yusupov M. Yu. Practice and problems of applying a judicial fine // Criminal process. – 2017. – No. 1. – S. 83.
CRIMINAL PROCESS
LEBEDEV Igor Vladimirovich
postgraduate student of N. V. Radutnaya Criminal process law sub-faculty of the Russian State University of Justice
NULLIFICATION OF THE CRIMINAL LAW AS A BASIS FOR REVISING THE VERDICT OF A JURY IN THE RUSSIAN FEDERATION
In this article, the author analyzes a rare legal phenomenon that arises during the consideration of a jury case, which is a special type of procedural decision, called the nullifying verdict. The author identifies the peculiarities of the implementation of this right in the criminal proceedings of the United States and the Russian Federation, and also considers the question of whether such a verdict is contradictory from the point of view of domestic criminal procedure legislation. Taking into account the opinions formed in foreign and domestic literature, the author forms his view on the implementation of this right by the jury.
Keywords: jury verdict, acquittal, jury nullification, law, review.
Work bibliographic list
1. Conrad, C. Jury Nullification: The Evolution of a Doctrine. Washington, D.C.: Cato Institute and Carolina Academic Press. – 2014. – P. 311.
2. Stern, S. Between Local Knowledge and National Politics: Debating Rationales for Jury Nullification After Bushell’s Case // Yale Law Journal. -2002. – Vol. 111. – P. 1815-1859.
3. Parmenter, A.J. Nullifying the Jury: “The Judicial Oligarchy” Declares War on Jury Nullification // Washburn Law Journal. – 2007. – Vol. 46. - P. 379-428.
4. Bobrischev-Pushkin A.M. Empirical laws of the activities of the Russian jury. With an atlas. – M.: Russian Thought, 1896. – 615 p.
5. Vedischev N.P. Statement of questions to be resolved by jurors (Article 338 of the Code of Criminal Procedure) // Lawyer. – 2011. – No. 10. – P. 20-40.
6. Esakov G.A. “Nullification” criminal law in court with the participation of jurors // Criminal law. – 2013. – No. 2. – P. 121-129.
7. Lodyzhenskaya I.I. Malysheva D.D. Contradictions in the verdict of the jurors as a basis for the annulment of the court verdict // Leningradsky juridical journal. – 2018. – No. 1 (51). – P. 153-164.
8. Markova T.Yu. Statement of questions to be resolved by jurors: author. dis. &helli; cand. legal Sciences. – M., 2007. – 33 p.
9. Ryabtseva E.V. Trial by jury in Russia: controversial issues // Russian justice. – 2008. – No. 1. – P.57-60.
10. Ryabtseva E.V. Changing the competence of jurors: is history repeating itself? // Russian justice. – 2009. – No. 6. – P. 52-54.
11. Strelkova Yu.V. Nullifying verdict of jurors as a kind of acquittal // Development of modern science: theoretical aspects. – 2016. – No. 4. – P. 74-76.
12. Chesnykh V.I. Jury trial in Russia as a complex legal institution: theory, history and modernity: author. dis. &helli; cand. legal Sciences. – M., 2003. – 24 p.
13. Shmelev A.N. “What are judges silent about?”, or “Nullificatio legis in justice administered by jury”; // World judge. – 2013. – № 6. – S. 29-32.
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
THE NATURE OF CRIMINALLY SIGNIFICANT INFORMATION
The analysis of the structurally complex composition of information is carried out taking into account the maximum level of its generalization as a category. The consolidation of knowledge about objects and phenomena of life is manifested in information as a model and includes the most essential features of specific types of information (images of the being around us). Based on this approach, the signs of criminalistically significant information are given, through clarifying the elements of information interaction of a person with the surrounding reality during the investigation of crimes, its concept is proposed. The conclusion is made about the concretization of the content of criminalistically significant information through the information environment inherent in criminal proceedings.
Keywords: human, surrounding reality, elements of information interaction, criminal proceedings, criminalistics.
Work bibliographic list
1. Abdullaev A. Sh., Novik I. B. Introduction to the information world. – M.: Nauka, 1991. – 228 p.
2. Agibalov V.Yu. Virtual traces in criminalistics and criminal procedure: author. dis. &helli; cand. legal Sciences. – Voronezh, 2010. – 24 p.
3. Bednyakov D. I. Non-procedural information and investigation of crimes. – M., 1991. – 208 p.
4. Belkin R. S. Forensic science: today’s problems. Topical issues of Russian criminalistics. – M.: Publishing house NORMA (Publishing group NORMA-INFRA-M), 2001. – 240 p.
5. Belkin R. S., Vinberg A. I. Forensic science and proof (methodological problems). – M.: Yurid. literature, 1969. – 216 p.
6. Wiener N. Cybernetics and society / Per. E. G. Panfilova. – M.: Foreign Literature, 1958. – 199 p.
7. Vasiliev A. M. Legal categories. Methodological aspects of development of the system of categories of the theory of law. – M., 1976. – 264 p.
8. Ivanov V. Yu. On the theoretical aspects of the use of the concept of electronic digital footprint in forensic science // Legal Studies. – 2020. – No. 7. – pp. 75-80.
9. Koldin V. Ya., Polevoy NS Information processes and structures in criminalistics. – M., 1985. – 134 p.
10. Kuznetsov P. U. Information bases of law. – Yekaterinburg: Publishing House “Ural State Law Academy”, 2005. – 204 p.
11. Pavlov I.P. Full. coll. op. T. 3, Book. 2. – M., 1951. – 439 p.
12. Petrov M. A., Raibekas A. Ya. Phenomenon of information and knowledge. – Krasnoyarsk, 2006. – 135 p.
13. Polyakov V. V., Shebalin A. V. On the use of the concepts of “virtual traces” and “electronic digital footprints” in criminalistics // Actual problems of combating crimes and other offenses: materials of the eleventh international scientific and practical conference. – 2013. – pp. 123-125.
14. Legal informatics and cybernetics: textbook / Ed. N. S. Polevoy. – M.: Yurid. lit., 1993. – 528 p.
15. Siforov VI Methodological issues of information science development. // Cybernetics and modern scientific knowledge. – M.: Nauka, 1976. – 428 p.
16. Streltsov A. A. Ensuring the information security of Russia. Theoretical and methodological foundations / Ed. V. A. Sadovnichy, V. P. Sherstyuk. – M.: MTsNMO, 2002. – 86 p.
17. Chubukova S. G., Elkin V. D. Fundamentals of legal informatics (legal and mathematical issues of informatics): textbook. allowance. – M.: Law Firm «KONTRAKT», 2007. – 287 p.
18. Churinov NM Philosophical Foundations of Informology. – Krasnoyarsk: Publishing House Krasnoyar. state un-ta, 1990. – 233 p.
CRIMINAL AND EXECUTIVE LAW
KASHIRGOV Astemir Khasanovich
lecturer of Organization of law enforcement sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
THE MAIN PROBLEMS OF ADMINISTRATIVE PROCEEDINGS ON ADMINISTRATIVE SUPERVISION OF PERSONS RELEASED FROM PLACES OF DEPRIVATION OF LIBERTY
Administrative supervision is a body of administrative jurisdiction, while external control bodies cannot have such powers. Ensuring compliance with norms, rules, legality in management, regulating the behavior of citizens, ensuring the order of traffic – all this is part of the tasks of administrative supervision. In the prevention of recidivism, an extremely important way is to implement the norms of administrative supervision. The effectiveness of the system of supervision of persons who have served time in places of deprivation of liberty is achieved by solving practical problems arising in the implementation of this institution.
Keywords: administrative supervision, recidivism, criminal identity, code of administrative procedure, rehabilitation, correctional institutions.
Work bibliographic list
1. Fomin P. P. Preventive value of administrative supervision of the police in the field of ensuring public order and public security // Bulletin of the Luhansk Academy of Internal Affairs named after E. A. Didorenko. – 2016. – No. 1 (1). – P. 143-152.
2. Pekhterev A.F. administrative punishment measures applied in the field of public order and public safety // Modern law. – 2004. – No. 2. – P. 25-29.
3. Karpenko T. A. Peculiarities of qualification of administrative offenses for violation of public order and public safety during mass events // Power and management in the East of Russia. – 2013. – No. 4 (65). – P. 187-192.
4. Shkil E. S. The role of the Department of Internal Affairs in identifying, preventing and suppressing administrative offenses that encroach on public order and public safety. Naukosphere. – 2020. – No. 10-2. – P. 105-109.
5. Berezin A. A. Measures of administrative prevention of violations of public order and public safety during public events // Leningrad Journal of Law. – 2014. – No. 3 (37). – S. 127-134.
CRIMINAL AND EXECUTIVE LAW
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of R&D in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
THE INFLUENCE OF THE ETHNICITY OF CONVICTS TO A CRIMINAL COMMUNITY AS A SOURCE OF EXTREMISM IN CORRECTIONAL FACILITIES
Today, crime in correctional facilities is a fairly serious problem. This fact explains the fact that recently the qualitative composition of convicts in places of deprivation of liberty is mostly made up of persons convicted of grave and especially grave crimes. In turn, the high public danger of penitentiary crimes is also explained by the degree of latency of committed criminal acts in the territory of places of detention. All this certainly affects the effectiveness of certain security measures, which are a means of correction and a way to achieve the main goal of the penitentiary policy as a whole. Noting the high social danger of penitentiary crime, special attention should be paid to its subjects. Thus, according to the author, the ethnicity of some convicts contributes to the spread of extremism in places of deprivation of liberty, which, in turn, can destabilize the activities of not only institutions of the penitentiary system, but in the whole world as a whole. The ethnic diversity of convicts in places of deprivation of liberty is due to the historical features of Russia. Today, convicts, being in places of deprivation of liberty, tend to unite in groups of the same ethnicity, realizing a criminal plan, attracting (recruiting) other convicts. Revealing the spread of the ideology of extremism in places of deprivation of liberty, as well as minimizing the dissemination of this information, is a rather laborious process, which, in turn, is of particular interest.
Keywords: penitentiary system, places of deprivation of liberty, penitentiary crime, correctional institutions.
Work bibliographic list
1. Laskova A.I. Some criminal and legal aspects of crimes against life and health committed in correctional institutions // Forensic and procedural support for the investigation of crimes in the penitentiary system: Proceedings of the interuniversity scientific and practical conference. – Vladimir, 2017. – pp. 91-94.
2. Ethnopsychological Dictionary / Ed. V. G. KRISKO. – M .: Moscow Psychological and Social Institute, 1999. – 518 c.
3. Bakulina L.V., Khalilov R.N., Mustafina A.R. Extremism in places of deprivation of liberty // Bulletin of Economics, Law and Sociology: Journal. Kazan: Infocenter Expert. – 2016. – No. 4. – pp. 144-149.
4. Shipilov S.N. On the issue of the spread of extremism in correctional institutions // Bulletin of the Institute: crime, punishment, correction. Vologda: Vologda Institute of Law and Economics 3 1 10 of the Federal Penitentiary Service. – 2018. – No. 2. – pp. 88-90.
5. Marchenko V.S. The use of methods of operational-search prevention among the leaders of the criminal environment in correctional institutions // Penitentiary system: pedagogy, psychology and law. Materials of the interregional scientific-practical conference. Under the general editorship of V.A. Utkin. – 2017. – pp. 139-140.
CRIMINAL AND EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor of Regime and security in the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
ISAEVA Mariya Alekseevna
cadet of the Samara Law Institute of the FPS of Russia
FEATURES OF THE RESPONSIBILITY OF CONVICTS DURING THE PERIOD OF SERVING A SENTENCE FOR CAUSING DAMAGE TO THE INSTITUTION
Compensation for property damage is one of the main institutions of civil law. Scientists pay special attention to this issue, since the property of an individual and a legal entity is a value, the encroachment on which is punished in accordance with the legislation. The procedure for compensation of property damage in institutions of the penal enforcement system is regulated not only by civil, but also by penal enforcement legislation and has a number of features. In addition, the infliction of property damage to the institution of the penal enforcement system affects the process of serving a sentence by convicted persons.
Keywords: convicted, property damage, material damage, material liability, civil liability.
Work bibliographic list
1. Kosarev K. V., Sinelnikova T. V. On the issue of civil liability of those sentenced to imprisonment // Bulletin of the Kuzbass Institute. – 2012. – No. 1. – P. 52-58.
2. Zhiltsova NL The procedure for compensation for property damage caused to institutions of the penitentiary system, as a result of illegal actions of persons contained in them // Bulletin of the penal system. – 2020. – № 4. – S. 18-24.
CRIMINAL AND EXECUTIVE LAWО
PROKHOROVA Mariya Vladimirovna
Ph.D. in Law, Head of Organization of the execution of punishments sub-faculty of the Tomsk Institute of Advanced Training of Employees of the FPS of Russia, lieutenant colonel of the internal service
CHARACTERISTICS OF CONVICTS SERVING SENTENCES IN EDUCATIONAL COLONIES (BASED ON THE RESULTS OF RESEARCH IN 2010-2022)
The article presents the results of scientific and practical studies of the criminological characteristics of 1600 convicts serving sentences of imprisonment in educational colonies in the period 2010-2022. Analyzed information about the characteristics of convicts, their behavior in a correctional facility. As a result of the research, a number of negative trends have been identified related to the deterioration of the socio-demographic characteristics of minors, the increased influence of the family and relatives of adolescents on their attitude to crimes committed and punishment, and the assessment of their stay in an educational colony in general. There is a significant reduction in the number of juvenile convicts, which results in an increase in negatively characterized adolescents held in educational colonies. This is also associated with the consequences of the ongoing judicial practice, when deprivation of liberty as a form of punishment is used in extreme cases. An average portrait of a teenager serving a sentence of imprisonment is given. One of the factors contributing to the commission of crimes by teenagers is the family and the immediate environment of minors. Based on the results of the study, it is concluded that it is necessary to develop new programs for the re-socialization of juvenile convicts released from places of deprivation of liberty that correspond to reality.
Keywords: deprivation of liberty; minors; teenagers; convicts; characteristic; educational colonies.
Work bibliographic list
1. Convicted and detained in Russia. Based on the materials of a special census of convicts and persons held in custody, November 12-18, 2009 / under general. ed. Honored Lawyer of the Russian Federation Yu.I. Kalinin; under scientific ed. Doctor of Law, Professor, Honored Scientist of the Russian Federation V.I. Seliverstov. – M.: Publishing House “Jurisprudence”, 2012. – 938 p.
2. Fetisov V.Z., Shamis A.V., Lastochkin V.A. Characteristics of convicts serving sentences in VTK. – M.: VNII MVD USSR, 1982. – 110 p.
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, аssociate 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 COMPETENCE OF THE PROSECUTOR TO ENSURE THE RULE OF LAW IN THE ACTIVITIES OF INSTITUTIONS AND BODIES OF THE CRIMINAL JUSTICE SYSTEM
The punishment in the form of deprivation of liberty is executed in the IU, which is a regime facility where access of unauthorized persons is restricted, which creates conditions for violation, restriction of the rights and interests of convicts. The analysis of the prosecutor’s check shows that the administration of the IU allows violations of the rights of convicts and takes measures to conceal them.
The publication of the departmental order “On the state of legality in the field of enforcement of legislation aimed at suppressing illegal methods of influence against convicted and detained persons” [1] testifies to the disadvantage in ensuring the rights and interests of suspects, accused, convicted persons held in the penal system, where it was recognized that the protection of the rights and freedoms of convicted persons needs in qualitative improvement.
Keywords: powers of the prosecutor, legality, suspect, accused, convicted, institutions and bodies of the criminal justice system.
Work bibliographic list
1. Collegium on the state of legality in the field of enforcement of legislation aimed at suppressing illegal methods of influence against convicted and detained persons. 04/23/2019. [Electronic resource]. – Access mode: https://genproc.gov.ru/smi/news/genproc/news-1599844/l
2. Federal Law “On the Prosecutor’s Office of the Russian Federation” dated 17.01.1992. No. 2202-1
3. Akhmerova V.R. The role of the prosecutor’s office in the implementation of supervision over the activities of the penitentiary system // Nauka. Society. State. 2019. No. 7. P. 51.
4. Tambovtsev A.I. Grounds, procedure and results of conducting operational-search measures as a subject of prosecutorial supervision // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2014. No. 3 (54). P. 36.
5. Galiev F.F. Presentation of the prosecutor as a form of response to violation of the law // State of Law: Theory and Practice. 2013. No. 1 (31). P.81.
6. Decree of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2011 No. 21 “On the practice of application by courts of legislation on the execution of sentences”.
7. Kuzmina D.N. Tasks of prosecutorial supervision over compliance with laws in correctional institutions // Actual problems of the humanities and natural sciences. 2015. No. 7-2. P. 22.
8. Ovodkova L.S. Procurator’s supervision as a means of ensuring the rights and legitimate interests of convicts // Bulletin of the penal system. 2017. No. 9. P. 23.
LEGAL PROCEEDINGS
ABBASOV Nail Ibad ogly
Ph.D. in Law, Head of the Department of Ballistic and traceological expertise of the Forensic Center of the Ministry of Justice of the Republic of Azerbaijan, Counselor of Justice
DIRECTIONS FOR IMPROVING THE EFFICIENCY OF EXPERT ACTIVITIES AND ITS IMPACT ON THE DEVELOP- MENT OF FORENSIC EXPERTISE
The article discusses current trends in improving the level of organization of expert activities. Forensic activity covers directly the activities of the expert institution and the expert himself. In the context of increasing competition, the question of the level of effectiveness of such activities seems to be relevant. Ensuring the effectiveness and influence of forensic activities is interdependent on a set of factors and elements. The identification of the optimal formula for such components seems to be very interesting in the international plane as well. According to the author, these aspects are closely related to the data of the results of the implementation of activities and the achievement of the goal is possible using modern management methods, the implementation of the management system in the activities of forensic examination
The author proposes to consider the possibility of converting statistical reports of expert activity data into a dynamic analysis format. From the point of view of the author, it is also important to form a unified expert practice in order to increase confidence in the activity and confidence in its results.
Keywords: efficiency, development of forensic expertise, management of forensic activities, data of expert activities, performance results, unified expert practice.
Work bibliographic list
1. Abbasov N.I. Perspective Directions for the Development of Forensic Expertise in the Conditions of Adversarial Criminal Proceedings // Law and State: Theory and Practice. – 2021. – No. 11 (203). – pp. 253-256. – DOI 10.47643/1815-1337_2021_11_253. – EDN CIVHQH.
2. Abbasov N.I. Actual problems of methodological support of forensic examination // Eurasian legal journal. – 2021. – No. 12 (163). – pp. 371-374. – DOI 10.46320/2073-4506-2021-12-163-371-374. – EDN SLGDII.
Explanatory dictionary of the Azerbaijani language. Baku, in 4 volumes. 1st volume, 2006, p.
3. Pleshakov S.M., Shnaider A.A. Issues of the effectiveness of forensic activities // Actual problems of improving criminal law, criminological and forensic measures to combat crime. Materials of scientific and practical. conf. – Saransk, 2006. – pp. 180-185.
4. Activity of forensic subdivisions of internal affairs bodies on the use of expert forensic methods and means in the detection and investigation of crimes / Ed. V.A. Snetkova: textbook. – M., 1996. – S. 5.
5. Sarteeva N.A. Efficiency of laws: statement of the problem // Universitetskie ucheniy zapiski. – 2007. – No. 2 (22). – S. 51.
6. Pleshakov S.M. Modern expert technologies in the activities of forensic institutions in Russia. Dis. &helli; Ph.D. – Nizhny Novgorod. – pp. 121-122, 124-128.
7. Rossinskaya E.R. Efficiency of forensic activity through the prism of forensic expertology // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – pp. 85-86.
8. Denizova T.V., Bushuev V.V. Efficiency of forensic activity: problems and solutions // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – pp. 43-44.
9. Pleshakov S.M. Problems of increasing the effectiveness of forensic activities // State and Law (Actual Problems of the Present). Math.interuniversity.scientific and practical. conf. – M., 2006. – pp. 227-230.
10. Nefedov S.N. Formation of a new paradigm of forensic science in the US and Europe. – pp. 297-298, 299-300
11. Kingsley A. Implementing Forensic Management in Large Scale Business Organizations // Global Journal of Management and Business Research: Administration and Management. Volume 18, Issue 6, Version 0. – 2018. – P. 21-26.
LEGAL PROCEEDINGS
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
HOLODNAYA Mariya Yakovlevna
student of the 4th course of the Crimean branch of the Russian State University of Justice
ORGANIZATIONAL AND ADMINISTRATIVE DOCUMENTS OF THE COURT: CONCEPT, PURPOSE, PROPOSALS FOR IMPROVING THE DESIGN
In this publication, the author analyzes the types, purpose, requirements for organizational and administrative documents of the court. Due to the fact that the current legislation does not disclose the concept of organizational and administrative documents of the court, the author, based on the characteristics characterizing these types of documents, formulated this definition in order to eliminate the gap in legal regulation. At the end of the study, measures aimed at improving the studied area are proposed.
Keywords: document management, office work, organizational and administrative documents, order, order, instruction, digitalization, electronic document management.
Work bibliographic list
1. Burdina E.V. Digitization of Judicial Activities: Directions, Forecasts and Risks // Court Administrator. 2020. No. 2. P. 10-15.
2. Zakirov R.F. Formation of office work at the present stage of the development of the judicial system of the Russian Federation // Scientific notes of the Kazan branch of the “Russian State University of Justice”. 2019. Volume 15. P. 174-177.
3. Latysheva N.A. Organization and control of record keeping in the courts of general jurisdiction of the Russian Federation: dis. &helli; PhD in Law, Specialist 12.00.11. M., 2016. 231 p.
4. Poselskaya I.B., Kiseleva N.V. The concept and types of judicial office work // Stolitsa nauki. 2020. No. 4 (21). pp. 271-275.
5. Electronic Justice: Monograph / E.V. Burdina [and others]; ed. E.V. Burdina, S.V. Zuev. M.: RGUP, 2021. 344 p.
CRIMINALISTICS
GUMENCHUK Oksana Olegovna
lecturer of Criminal process and forensic science sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KASYANOVA Alisa Olegovna
listener of the 5th course of the Crimean branch of the Krasnodar University of the MIA of Russia
ANALYSIS OF MODERN EXPERT RESEARCH AND THE POSSIBILITY OF USING NON-TRADITIONAL METHODS OF COLLECTING INFORMATION IN THE PROCESS OF INVESTIGATING CRIMES
The article deals with the current state of expert research and the possibilities of their application. The roles of a specialist and an expert in evidence in criminal cases are considered. It is concluded that it is necessary to recognize as admissible certain types of non-traditional ways of obtaining evidentiary information.
Keywords: special knowledge, expert, specialist, forensic examination, non-traditional research methods, hypnosis, polygraph.
Work bibliographic list
1. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on June 28, 2022). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
2. Khrustalev VN Theory of forensic examination: a tutorial. – Moscow: KNORUS, 2020. – 242 p.
3. Gumenchuk O. O. The practice of using special knowledge in the form of the appointment of a forensic examination before initiating a criminal case: discussions, problems and ways to solve them // Law and Education. – 2017. – No. 6. – pp. 144-153.
4. Bakuradze N.S. To the question of the application of special knowledge in criminal proceedings // Young scientist. – 2020. – No. 44 (334). – pp. 170-173. – [Electronic resource]. – Access mode: https://moluch.ru/archive/334/74684/ (date of access: 06/30/2022).
5. Federal Law “On State Forensic Activities in the Russian Federation” dated May 31, 2001 No. 73-FZ (as amended on July 1, 2021). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
6. Sorokotyagin I. N., Sorokotyagina D. A. Judicial examination: textbook and workshop for universities. – Moscow: Yurayt Publishing House, 2022. – 288 p. – [Electronic resource]. – Access mode: https://urait.ru/bcode/489334 (date of access: 06/30/2022).
7. Order of the Ministry of Internal Affairs of Russia dated June 29, 2005 No. 511 (as amended on June 27, 2019). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
8. Decree of the Plenum of the Supreme Court of the Russian Federation of December 21, 2010 No. 28 “On Forensic Expertise in Criminal Cases” (rev. 29.06.2021). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
9. Neretina N. S. The emergence of new genera and types of forensic examinations at the turn of the century // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 6. June. – pp. 72-78. – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
10. Interview of Mikhail Ignashkin, Acting Director of the SEC of the Investigative Committee of Russia, to the RIA Novosti news agency. – [Electronic resource]. – Access mode: https://sledcom.ru/press/interview/item/1532317/?print=1 (accessed 30.06.2022).
11. Sysenko A. R. Participation of a specialist in interrogations and searches conducted during the investigation of crimes in hot pursuit // Forensic expert. – 2010. – No. 3. – pp. 30-33.
12. Smolkova I. V. Non-traditional methods of crime investigation and proof // Laws of Russia: experience, analysis, practice. – 2017. – No. 5. – pp. 30-34. – [Electronic resource]. – Access from the GARANT system (date of access: 06/30/2022).
13. Sterkhov P. A. To the question of the expediency of legislative regulation of the grounds for the use of hypnosis in order to improve the efficiency of police law enforcement // Bulletin of the Russian University of Cooperation. – 2016. – No. 3 (25). – pp. 133-137.
CRIMINALISTICS
DUDIN Nikita Sergeevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE MECHANISM OF COMMITTING CATTLE THEFTS COMMITTED BY ORGANIZED GROUPS
The article discusses the theoretical and practical aspects of the criminalistic understanding of the mechanism of crime. Its role and place in the structure of forensic characteristics are indicated. The importance of understanding the mechanism of crime in the disclosure and investigation of cases related to the theft of livestock committed by organized groups is determined. In addition, the step-by-step process of preparation, commission and concealment of traces in cases of cattle theft, as well as possible ways of finding traces that could contribute to the disclosure of the crime, is considered in detail.
Keywords: criminalistics, preliminary investigation, cattle theft, crime mechanism, organized groups.
Work bibliographic list
1. Kustov A.M. Forensic concept of the mechanism of crime // Bulletin of the MFYuA. – 2016. – № 2.
2. Nugaeva E.D. Features of the investigation of fraud in the provision of occult services: dis. … cand. legal Sciences. – Ufa, 2018.
3. Ishchenko E.P. Criminalistics: a textbook for bachelors. – M.: Prospekt, 2017.
CRIMINALISTICS
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
BERDNIKOV Grigoriy Aleksandrovich
student of the Ural Law Institute of the MIA of Russia
ZABOLOTNYKH Aleksandr Aleksandrovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOME ISSUES OF INVESTIGATIVE ACTIONS AND GENERAL RULES OF THEIR PROCEEDING
The article discusses the theoretical aspects of investigative actions and the general rules for their proceeding. The problem of the lack of normative consolidation of the definition to the concept of «investigative actions» is analysed. A prospectively legal definition is proposed for the concept of «investigative actions». Significant features of the general rules for the conduct of investigative actions are formulated, on the basis of which the definition is developed for this concept.
Keywords: investigative actions, general rules of investigative actions, regulation, criminal proceedings, proof.
Work bibliographic list
1. Khalili U.D. The concept of investigative actions and their place in the system of procedural actions // Pravovestnik. – 2018. – No. 6 (8).
2. Stelmakh V. Yu. The concept and distinctive features of investigative actions // Russian Journal of Law. – 2014. – No. 2 (95). – P. 96.
3. Maslov A. V., Tonkikh D. A. Investigative actions as a way to form evidence // International Bulletin of Medicine and Law. – 2018. – No. 1. – P. 33.
4. Bykov V. M. Legal grounds for the production of investigative actions under the Code of Criminal Procedure of the Russian Federation // Criminal Law. – 2007. – № 1.
5. Radchenko V. I. Criminal process: textbook. for universities / Under the general. ed. V. I. Radchenko. 2nd ed., revised. and additional – M.: Yustitsinform, 2006.
6. Tsoi B. A., Bondarenko E. V. The concept of investigative actions and their procedural significance // Science and education: economy and economy; entrepreneurship; law and management. – 2020. – No. 3 (118).
7. Bykov V. M., Zhmurova E. S. Investigative actions under the Code of Criminal Procedure of the Russian Federation // Jurisprudence. – 2003. – № 2.
8. Kruglikov A.P. Urgent investigative actions // Criminal law. – 2004. – № 3.
9. Sheifer S. A. Investigative actions. Grounds, procedural order and evidentiary value. – M.: Yurlitinform, 2004.
10. Akhmetshin R.E. Theory and practice of criminal procedure law: a tutorial. – 2nd ed., revised. – Khabarovsk: Togu Publishing House, 2019.
11. Pletnikova M.S., Barabash A.S., Fedorova I.A. Criminal procedural activity: textbook. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2019.
12. Titov P.S. The concept of investigative action and its signs // Russian investigator. – 2013. – № 14.
CRIMINALISTICS
SAFONOV Denis Andreevich
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE MAIN PROBLEMATIC ISSUES OF THE INVESTIGATION OF CRIMES RELATED TO THE REPEATED VIOLATION OF THE ESTABLISHED PROCEDURE FOR ORGANIZING OR HOLDING A MEETING, RALLY, DEMONSTRATION, PROCESSION OR PICKETING
The article deals with certain problematic issues of the investigation of crimes related to repeated violations of the established procedure of organizing or holding a meeting, demonstration, march or picketing in terms of identifying, recording and evaluating evidentiary information, as well as determining the tactical and psychological features of investigative actions at the pre-trial stage.
Keywords: methodology of crime investigation, disorderly conduct, unauthorized rally, insubordination to police officers, forensic tactics, technical and forensic tools
Work bibliographic list
1. Khmeleva A. V. Causes of mass riots in the modern period and features of their investigation (on the basis of a generalization of investigative practice) // Investigation of crimes: problems and ways to solve them. – 2021. – No. 3 (33). – P. 112.
2. Butkevich S. A. Fake news and media: problems of differentiation and penalization // Yurist-Pravoved. – 2021. – No. 2 (97). – P. 75. – EDN DPNQKL.
3. From bloggers to influencers: the struggle for attention and influence on the audience. New trends. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reports/analiticheskii-doklad/ot-blogerov-k-inflyuenseram-borba-za-vnimanie-i-vliyanie-na-auditoriyu-novye-trendy.
4 . Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P “On the case of checking the constitutionality of the provisions of Article 212.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen I. I. Dadin”. [Electronic resource]. – Access mode: https://legalacts.ru/sud/postanovlenie-konstitutsionnogo-suda-rf-ot-10022017-n-2-p/
5. Determination of the Constitutional Court of the Russian Federation of January 27, 2020 No. 7-O “According to the complaint of citizen Kotov Konstantin Aleksandrovich about the violation of his constitutional rights by Article 212.1 of the Criminal Code of the Russian Federation”. [Electronic resource]. – Access mode: https://publication.pravo.gov.ru/Document/View/0001202001280002.
CRIMINALISTICS
SAFONOV Andrey Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic support for expert research sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ZAVYALOVA Anna Aleksandrovna
Ph.D. in chemical sciences, associate professor, associate professor of Technical and forensic support for expert research sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
PSYCHOLOGICAL PECULIARITIES OF THE INTERROGATION OF THE VICTIM AND WITNESS
Тhe article is devoted to the issues of organizational and tactical support for the interrogation of victims and witnesses, in particular its psychological component, which causes many difficulties in practice. The objective and subjective factors of the psychological characteristics of the interrogation of the victim and witnesses are analyzed. The classification of the interrogated is given depending on the need to use tactical methods of establishing psychological contact.
Keywords: interrogation, investigative action, code of criminal procedure, types of interrogation, victim, witness, tactics.
Work bibliographic list
1. Shumilin S.F., Zavidov B.D. Methodological, tactical and legal problems of interrogation: the article was prepared for the ConsultantPlus system, 2003. The material was prepared using legal acts as of 01.11.2003 // Reference and legal system “ConsultantPlus” ;.
2. Ishchenko E. P., Toporkov A. A. Criminalistics: textbook / ed. E. P. Ishchenko. 2nd ed., corrected, supplemented. and reworked. – M.: CONTRACT, INFRA-M, 2010. – 784 p.
CRIMINOLOGY
ABDULMUSLIMOVA Leyla Huseynovna
Ph.D. in Law, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
LATENCY OF CRIME AND VICTIMIZATION
This article discusses the influence of latency on the victimization process at any level, especially at the individual level. Impunity of a crime, including due to latency, is the most fraught, because impunity is one of the corrupting factors of persons with a criminal bias, serves as an example for further behavior. In the study of latency, it turns out that it is impossible to establish a real picture of the state of crime. One of the reasons is the methods, methods of detection and registration of crimes that require improvement.
Therefore, it is necessary to strengthen measures of victimological protection and victimological prevention in all directions to reduce the victimization of the population with the involvement of the widest segments of the public, civil society institutions and the state itself.
Keywords: state of crime, latency, victimization, mass, group, individual, registration, victimological prevention, protection.
Work bibliographic list
1. Vishnevetsky K. V. Criminogenic victimization of social groups in modern society: dis. &helli; doc. legal Sciences. – M.E: MU MVD. – S. 106.
2. Getmanenko A. V. Possible means of dealing with the problem of growing latency in the criminal process. — Text: direct // Young scientist. – 2017. – No. 21 (155). – S. 294-298. [Electronic resource]. – Access mode: https://moluch.ru/archive/155/43732/ (date of access: 06/03/2022).
3.Criminal statistics: mechanisms of formation, causes of distortion, ways of reforming: a research report. – St. Petersburg; M., 2015. – S. 49-52.
4. Timergaliev I. Oversight of the search for the missing // «Legality». – 2007. – № 6.
CRIMINOLOGY
ARTEMJEVA Ekaterina Vadimovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF THE INTERNATIONAL SEARCH FOR PERSONS WHO HAVE COMMITTED CRIMES
The article deals with the problems of the international search for persons who have committed a crime. Improving international cooperation in the field of combating crime is one of the urgent problems in modern interstate relations. In the 19th-20th centuries, there is a need for interaction between countries to effectively combat crime. The factors causing the current situation can be called: progress in the field of communication technologies among various countries, the widespread popularity of tourism, the relaxation of customs procedures, professional and organized international crime is becoming widespread. At the same time, there is a unification of the efforts of states in the field of combating crime. One of the most effective measures taken to achieve these goals was the creation of international law enforcement organizations. For example, the International Criminal Police Organization – Interpol. This article analyzes the problems of the international search for persons who have committed crimes.
Keywords: crime, international search, Interpol, international organization, international cooperation.
Work bibliographic list
1. European Convention on Extradition (signed in Paris on December 13, 1957) (as amended on September 20, 2012) // Collected Legislation of the Russian Federation. – 06/05/2000. – No. 23. – Art. 2348.
2. Samarin V. I. Interpol – an organization and its regulations in the light of the trend of tightening accountability in international law // International public and private law. – 2021. – No. 5. – P. 25-28.
3. Tarasov M. Yu. Actions of foreign bodies of justice and law enforcement agencies in connection with the announcement in the Russian Federation of a person on the international wanted list // International criminal law and international justice. – 2021. – No. 3. – P. 10-14.
4. Tarasov M.Yu. On the rules for publishing international wanted notices on the public part of the website of the Interpol General Secretariat // International criminal law and international justice. – 2020. – № 4. – P. 15-18.
CRIMINOLOGY
ISHCHENKO Evgeniy Petrovich
Ph.D. in Law, professor, Head of Forensics sub-faculty of the O. E. Kutafin Moscow State Law University, Honored Scientist of the Russian Federation, Honored Lawyer of Russia
SOCHIVKO Olga Ivanovna
Ph.D. in psychological sciences, lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia in Novokuznetsk, major of internal service
PLOTKIN Dmitriy 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
ON COUNTERACTING CRIMES OF EXTREMIST ORIENTATION IN RUSSIA
The authors consider the issue of nationalist manifestations among young people. Examples of some crimes committed in the city of Ryazan are given. It is indicated that many persons from criminal groups sought to transform into a community with a complex structure. The action plan of extremists was quite simple and was reduced to several ostentatious events. The authors emphasize that in most cases, parents and the teaching staff of educational organizations did not show concern when two “eights” suddenly appeared on the surface of teencies and tigers on the surface of jackets of adolescents – numbers symbolizing the greeting “Heil, Hitler!” All established facts of crimes were investigated and transferred to court. These crimes belonged to the category of grave and committed by adolescents aged 13 to 18 years using piercing-cutting objects. It was noted that females were also active in them, the uniform of which, unlike men’s, was less frank, but, for example, gold earrings in the form of Nazi swastika were present. Along with this, in contrast to nationalist ideas, anti-fascist organizations and movements appeared in the youth environment. As a result, conflicts and group fights began to flash. Summing up, the authors noted that in order to prevent extremist crimes among young people, it is necessary to strengthen military-patriotic education in a secondary educational school and improve youth leisures: to conduct free hobby classes, involve to sports sections.
Keywords: nationalist manifestations, extremism, youth environment, crime, opposition.
Work bibliographic list
1. Sochivko D. V., Polyanin N. A. Youth of Russia: educational systems, subcultures, correctional institutions: study method. allowance. – M.: MPSI, 2009. – 264 p.
CRIMINOLOGY
FALKINA Tatyana Yurjevna
Ph.D. in Law, associate professor of the Ural State University of Economics
ALIMPIEV Sergey Aleksandrovich
Ph.D. in Law, associate professor of the Ural State University of Economics
THE FIGHT AGAINST UNEMPLOYMENT AS A FACTOR IN PREVENTING THE INVOLVEMENT OF MINORS IN ANTI-SOCIAL ACTIONS
The involvement of minors in the commission of antisocial actions, of course, generates the elimination of positive values and criminalization of them in the future. Preventive measures are designed to help eliminate the causes and conditions associated with the commission of offenses and crimes. The article discusses the features of the fight against unemployment as a factor in preventing the involvement of minors in anti-social actions. The publication analyzes the preventive measures that can be applied to minors to prevent their involvement in the commission of antisocial actions.
Keywords: unemployment, prevention, delinquency, labor, upbringing, education, security, involvement, minor, victimization, behavior, measures, prevention.
Work bibliographic list
1. Dashkov G. V., Koroleva M. V., Matskevich I. M. et al. Criminology: textbook / Ed. ed. V. E. Eminov. – Moscow: Prospect, 2019. – 368 p. – ISBN 978-5-392-29570-8. [Electronic resource]. – Access mode: http://ebs.prospekt.org/book/27620 (accessed 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. – ISBN 978-5-91768-394-2. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1052213 (date of access: 05/01/2022).
3. Criminology: textbook / Ed. ed. A. I. Dolgova. — 4th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 1008 p. – ISBN 978-5-91768-038-5. – Text: electronic. [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. – ISBN 978-5-238-02908-5. [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. – S. 77-80.
6. Rasulova Z. O. Actual problems of preventing the involvement of minors in the commission of antisocial actions // Society: politics, economics, law. – 2019.
7. Polshnikov A. V., Budanova E. A. Problems of prevention of crimes related to the involvement of minors in the commission of 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 offenders: textbook. – 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. &helli; cand. legal Sciences. – M., 2004.
10. Gereikhanova A. Respond to a request // Rossiyskaya Gazeta. – 2021. – August 16.
11. Staursky E. S., Staursky S. S. Features of structural unemployment in modern Russia // Bulletin of the University “Cluster”. – 2022. – P. 61. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-strukturnoy-bezrabotitsy-v-sovremennoy-rossii.
CRIMINOLOGY
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia
DMITRYACHKOVA Anna Andreevna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia
CRIMINOLOGICAL ASPECTS OF THE INVOLVEMENT OF MINORS IN THE COMMISSION OF TERRORIST CRIMES
In the article, the authors draw attention to the circumstances that contribute to the involvement of minors in the commission of terrorist crimes. The reasons for the successful impact on minors are also indicated. The authors give examples of measures to counteract the commission of terrorist crimes by minors, to the formation of a negative attitude among minors towards crimes in general, and in particular to crimes of a terrorist nature.
Keywords: terrorism, minors, recruitment, extremism.
Work bibliographic list
1. Federal Law “On Combating Terrorism” dated March 6, 2006 No. 35-FZ (as amended on December 31, 2014). Access from reference – legal system “ConsultantPlus”.
2. Spitsina A. Yu. Categories of the population affected by the ideology of terrorism, forms and methods of influencing them during preventive measures // Bulletin of the National Anti-Terrorist Committee. – 2012. – No. 2 (7). – 111 p.
3. Lopatina T. M. New types of modern terrorist activities // Modern law. – 2012. – № 4. – P. 123.
CRIMINOLOGY
NECHEVIN Ivan Dmitrievich
postgraduate student of Criminology sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
REASONS AND CONDITIONS FOR THE PREVENTION OF JUVENILE DRUG CRIME: THEORETICAL SOCIAL PROBLEMS
The article discusses the causes and conditions for the prevention of teenage drug crime, their social problems.
Keywords: prevention, juvenile drug crime, causes, family, school, mass media, general social measures, teenagers.
Work bibliographic list
1. The Constitution of the Russian Federation of December 12, 1993 (as amended during the all-Russian vote on July 1, 2020, taking into account the amendments made by the law of the Russian Federation on amendments to the Constitution of the Russian Federation of July 27, 2006 No. 149-FZ).
2. Zvirbul V.K., Kuznetsova N.F., Minkovsky G.M. Criminology: Textbook. – M., 2009.
3. Federal State Statistics Service.
4. Chinkov V.R., Piskunov M.S. Problems and prospects for the development of educational systems in European countries // Standards and monitoring in education. – 2009. – № 3.
5. Dolgova A.I. Criminology: Textbook for universities. – 3rd ed., revised. and additional – M., 2008.
6. Krutetsky V.A., Lukin N.S. Psychology of a teenager: Textbook. – M., 2008.
7. Luneev V.V. Criminological, victimological and penitentiary problems of minors. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminologicheskie-viktimologicheskie-i-penitentsiarnye-problemy-nesovershennoletnih/viewer (date of access: 06/17/2022).
LAW ENFORCEMENT AUTHORITIES
BOGDANOV Aleksey Viktorovich
Ph.D. in Law, associate professor of Organization of the activities of the internal affairs bodies sub-faculty of the Center for Command Staff Trainings of the Academy of Management of the MIA of Russia
TSEPELEV Aleksey Nikolaevich
student of the 2nd Faculty of the Academy of Management of the MIA of Russia
THE CONCEPT, SHAPES AND ROLE OF DELEGATION OF AUTHORITY OF THE HEAD OF THE INTERNAL AFFAIRS BODY IN THE ORGANIZATION OF MANAGEMENT ACTIVITIES
One of the effective tools for organizing management activities in the system of the Ministry of Internal Affairs of Russia is the delegation of certain powers of the head of the internal affairs body to officials subordinate to him. We believe that the potential of this tool of departmental management is currently not fully disclosed, which is due to a number of problematic issues, the main of which are determining the content of delegated powers, clarifying the boundaries of responsibility of officials when delegating to them the powers of a superior manager, as well as compliance of the delegation mechanism with the basic principles of organizing activities in the system of the Ministry of Internal Affairs of Russia. It is proposed to clarify the concept of delegating the powers of the head of the internal affairs body, to disclose the requirements for the content of delegated powers, to identify the forms of delegation, to determine the criteria for delineating the responsibility of officials when delegating powers to them, and also to assess the competence of the implementers he mechanism of delegation from the position of compliance with the principle of service in the internal affairs bodies of the Russian Federation – unity of command and subordination.
Keywords: internal affairs bodies, managerial activity, head, delegation of authority, management mechanism, transfer of authority, management apparatus, principles of service in internal affairs bodies, subordination, unity of command.
Work bibliographic list
1. Anisimov A. P., Parshakov S. V. Some issues of delegation of authority by managers (chiefs) of their subordinates in the internal affairs bodies // Law and Law. – 2019. – No. 11. – pp. 139-143.
2. Baldanov E. B. Delegation of official powers in the internal affairs bodies: author. dis. &helli; cand. legal Sciences: 12.00.11. – M., 2008. – 22 p.
3. Bogdanov A. V., Pushkov M. A. On the issue of improving the theoretical foundations of managerial activity in the internal affairs bodies of the Russian Federation // Journal of Criminology. – 2021. – No. 2. – pp. 119-122.
4. Egorova T. V. Dictionary of foreign words of the modern Russian language. – M .: Publishing house «Adelant», 2014. – 801 p.
5. Igolkina IN How to learn to delegate // Personnel service and personnel management of the enterprise. – 2019. – No. 2. – pp. 75-83.
6. Korolev A. Yu. Delegation of powers to competent employees as one of the principles of effective work of the organization // Kazanskaya Nauka. – 2011. – No. 9. – pp. 69-71.
7. Ozhegov S. I. Explanatory dictionary of the Russian language / ed. L. I. Skvortsova. 28th ed., revised. – M.: Publishing house “Mir and Education”, 2015. – 1375 p.
8. Porshnev A. G. Management of the organization. Encyclopedic Dictionary. – M .: Publishing house «INFRA-M», 2001. – 822 p.
9. Sokolov E. V., Musaev M. M. On the delegation of powers in the internal affairs bodies // Law and Law. – 2020. – No. 11. – pp. 163-166.
10. Yaskov E. F. Theory and practice of social management: a dictionary-reference book. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 1997. – 268 p.
LAW ENFORCEMENT AUTHORITIES
GABDULLIN Timur Rinatovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PESTOV Roman Arkadjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
KUZNETSOVA Kristina Aleksandrovna
lecturer of Administrative law and administrative and service activities of the department of internal affairs sub-faculty of the Far-Eastern Law Institute of the MIA of Russia
ANALYSIS OF SOCIAL GUARANTEES OF EMPLOYEES OF INTERNAL AFFAIRS BODIES IN THE CONTEXT OF PRESERVING THE PERSONNEL CORE OF THE SERVICE OF DISTRICT POLICE COMMISSIONERS
The article analyzes the social guarantees of employees of internal affairs bodies, using the example of law enforcement practice on the implementation of one of the social guarantees – a one-time social payment for the purchase or construction of housing, conclusions are drawn about the need for a new approach to the mechanism of housing for employees of internal affairs bodies in the context of preserving the personnel core of the service of district police commissioners.
Keywords: police, internal affairs bodies, district police commissioners, social functions of the state, social guarantees, housing, unified social payment
Work bibliographic list
1. Speech by the Minister of Internal Affairs of the Russian Federation, Police General of the Russian Federation Vladimir Kolokoltsev at an expanded meeting of the collegium of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/news/item/28589724/
2. Federal Law No. 247-FZ of July 19, 2011 (as amended on December 30, 2021) “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” // Collection of Legislation of the Russian Federation, 25.07.2011, No. 30 (part 1), art. 4595.
3. Federal Law No. 342-FZ of November 30, 2011 (as amended on April 30, 2021) “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” // Collection of Legislation of the Russian Federation, 05.12.2011, No. 49 (part 1), art. 7020.
4. Decree of the Government of the Russian Federation of December 30, 2011 No. 1223 (as amended on June 21, 2021) “On the provision of a one-time social payment for the acquisition or construction of residential premises to employees of the internal affairs bodies of the Russian Federation, persons serving in the troops of the National Guard of the Russian Federation and having special police rank, as well as other persons entitled to receive such payment. (together with the “Rules for the provision of a one-time social payment for the acquisition or construction of residential premises to employees of the internal affairs bodies of the Russian Federation, persons serving in the troops of the National Guard of the Russian Federation and having special police ranks, as well as other persons entitled to receive such payment” 😉 // Collection of Legislation of the Russian Federation, 01/16/2012, No. 3, art. 430.
5. Information on the provision of a one-time social payment for the purchase or construction of a residential building based on the results of work for 2021. [Electronic resource]. – Access mode: https://mvd.rf/eu.
6. Review of the results of monitoring indicators for achieving the goal of the Concept for the Development of the Service of Precinct Authorized Police of the Territorial Bodies of the Ministry of Internal Affairs of Russia for 2020-2023 // SPS STRAS «Yurist».
7. Order of the Ministry of Internal Affairs of Russia dated March 30, 2020 No. 191 “On approval of the Concept for the development of the service of district police officers of the territorial bodies of the Ministry of Internal Affairs of Russia for 2020-2023” // SPS STRAS «Lawyer».
8. Federal Law No. 117-FZ of August 20, 2004 (as amended on July 2, 2021) “On the accumulative mortgage system for housing provision for military personnel” // Collection of Legislation of the Russian Federation, 23.08.2004, No. 34, art. 3532.
9. The main indicators of mortgage lending to participants in the accumulative mortgage system of housing for military personnel. [Electronic resource]. – Access mode: https://www.rosvoenipoteka.ru/rp/lichnaya_informaciya/infografika
10. Decree of the Government of the Russian Federation of December 26, 2017 No. 1640 (as amended on July 24, 2021) “On Approval of the State Program of the Russian Federation “Health Development” // Collection of Legislation of the Russian Federation, 01.01.2018, No. 1 (Part II), art. 373.
11. Federal Law No. 3-FZ of February 7, 2011 (as amended on December 21, 2021) “On the Police” // Collection of Legislation of the Russian Federation, February 14, 2011, No. 7, art. 900.
12. In several villages of Kazan, housing complexes for district police officers were opened. [Electronic resource]. – Access mode: https://16.mvd.rf/news/item/9068244
LAW ENFORCEMENT AUTHORITIES
ZHAMBOROV Anzor Anatoljevich
Ph.D. in Law, associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
THE ROLE OF SHOOTING EXERCISES WITH PHYSICAL AND PSYCHOLOGICAL STRESS IN MODERN FIRE TRAINING OF AN IAB OFFICER
This article examines some features of the formation of psychological stability and physical readiness of police officers for the lawful use of firearms in non-standard situations of official activity. In addition, the author suggests some methods for practicing special shooting exercises in complicated conditions using psychological and physical exertion to consolidate the necessary professional skills for consideration and implementation in the process of fire training of police officers.
Keywords: educational and training exercises, psychological load, physical readiness, integrated approach, training process, modeling, psychological impact, extreme situation.
Work bibliographic list
1. Kryzhanovsky Yu. S. Organization of fire training classes with employees of internal affairs bodies using elements of physical and psychological stress [Text]: teaching aid. – Domodedovo: VIPK MIA of Russia, 2014. – 60 p.
2. Timoshenko L. I., Kudryavtsev R. A. Teaching shooters of psychological readiness for firing a shot // Modern high technologies. – 2015. – No. 12-2. – P. 375-378.
3. Voiloshnikov O. D. Practicum on tactical-special, fire and physical training for students enrolled in a vocational training program: prospects for improving the methodology for conducting complex classes // Scientific and methodological electronic journal «Concept». – 2016. – T. 15. – S. 1546-1550. [Electronic resource]. – Access mode: http://e-koncept.ru/2016/96228.htm.
4. Zhamborov A.A. Topical issues of organizing and conducting fire training classes with employees of internal affairs bodies // Eurasian Law Journal. – 2018. – No. 3 (118). – P. 396-397.
5. Zhamborov A. A. Some features of the formation of psychological stability and physical readiness of employees of internal affairs bodies for the use of military weapons // Eurasian Law Journal. – 2021. – No. 3 (154). – S. 343-345.
LAW ENFORCEMENT AUTHORITIES
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KYMISHEVA 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
SPECIAL THEORETICAL KNOWLEDGE AND PRACTICAL SKILLS OF EMPLOYEES LAW ENFORCEMENT AGENCIES WHEN USING A VEHICLE TO TRANSPORT AND (OR) ACCOMPANY A PROTECTED PERSON
An independent regulatory approach to regulating the specifics of the activities of law enforcement officers when using a vehicle to transport and (or) accompany a protected person has not been developed in Russian legislation. Separate acts that would somehow more or less comprehensively approach the solution of the above problems have not been adopted, including even at the level of departmental law-making. Transportation or escort of protected persons using transport has not yet received proper legal regulation, and special training for employees of physical protection units is due to the specifics of their functioning in the framework of ensuring security measures in relation to protected persons, depending on the specific situation. Transportation and escort using a vehicle is not regulated by federal law. Based on this, focusing on the development of the physical capabilities of law enforcement officers who ensure the security of persons subject to state protection seems to be quite justified given the importance of their professional activities in the face of emerging threats.
Keywords: police officers, vehicles, transportation and escort of a protected person, state protection, special training.
Work bibliographic list
1. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” also proclaims the protection of fundamental rights and freedoms of man and citizen as a priority and one of the main strategic tasks in the field of state and public security. P. 42.
2. Decree of the Government of the Russian Federation of July 21, 2018 No. 855 (as amended on April 8, 2022) “On approval of the Rules for the application of security measures in the form of transferring a protected person to another, temporary or permanent, place of work (service) or study, relocation to another, temporary or permanent, place of residence in relation to judges, officials of law enforcement and regulatory bodies, certain categories of military personnel and federal state civil servants, whose monetary maintenance is carried out at the expense of the federal budget.
3. Order of the Ministry of Internal Affairs of Russia dated May 5, 2018 No. 275 “On approval of the Procedure for organizing the training of personnel for filling positions in the internal affairs bodies of the Russian Federation”.
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
INTERNAL AFFAIRS BODIES AS PART OF THE SYSTEM OF EXECUTIVE AUTHORITIES
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 realizing their tasks and functions. The article discusses the concepts, powers, structure, legal status of internal affairs bodies and their interaction with other executive authorities. It also reveals the essence of the Department of Internal Affairs as a subject of executive power.
Keywords: internal affairs bodies, concept, tasks, powers, functions, structure, police
Work 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 . Order of the Ministry of Internal Affairs of Russia dated April 12, 1999 No. 288 (as amended on June 19, 2018) “On measures to implement the Decree of the Government of the Russian Federation dated July 21, 1998 No. 814” (together with the “Instruction on organizing the work of internal affairs bodies to control the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation”).
LAW ENFORCEMENT AUTHORITIES
MARTYNOV Vadim Alekseevich
Deputy Head of the Center for Professional Training of Employees of the Ministry of Internal Affairs of Russia in the Kaluga region, colonel of police
MANAGEMENT DECISION IN THE INTERNAL AFFAIRS BODIES AS A SYSTEM
The article offers a theoretical justification of a systematic approach to the study of managerial decisions in the internal affairs bodies. The main approaches to the concept of managerial decision in various sciences are described. Based on the analysis of scientific literature, the main components and elements of the management decision system in the internal affairs bodies are identified and their interrelations are displayed.
Keywords: management decision, internal affairs bodies, system, subject of management decision, object of management decision.
Work bibliographic list
1. Demin G. A. Methods of making managerial decisions: textbook. Benefit. – Perm, 2019. – P. 11. [Electronic resource]. – Access mode: http://www.psu.ru/files/docs/science/books/uchebnie-posobiya/demin-metody-prinyatiya-upravlencheskikh-reshenij.pdf.
2. Kolchina V. S. Political and managerial decisions: features of preparation, adoption and implementation by authorities // Bulletin of the Volga Institute of Management. – 2006. – No. 11. – P. 70-77.
3. Krapivina E. S. Organization of the control system of internal affairs bodies // Bulletin of the Belgorod University of Cooperation, Economics and Law. – 2013. – No. 2. – P. 303-308.
4. Mardas A. N., Gulyaeva O. A. Fundamentals of management. – M.: Yurayt, 2019. – 175 p.
5. Musatov D. A. The concept and signs of management decisions in the activities of internal affairs bodies // Business in law. – 2014. – No. 1. – P. 182-184.
6. Organization of management of internal affairs bodies: textbook, 2nd edition, supplemented and revised / Ed. A. M. Kononova, I. Yu. Zakhvatova. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2017. – 421 p.
7. Petrova O. V. Methodology of managerial decision-making: educational. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. – 92 p.
8. Raizberg B. A., Lozovsky L. Sh., Starodubtseva E. B. Modern economic dictionary. – 2nd ed., corrected. – M.: INFRA-M, 1999. – 479 p.
9. Russian Sociological Encyclopedia / Ed. G. V. Osipova. – M.: NORMA-INFRA M, 1998. – 672 p.
10. Rusakov V. K. Management decisions in the field of law enforcement in the territorial bodies of the Ministry of Internal Affairs of Russia at the district level: author. dis. &helli; to-ta jurid. Sciences: 12.00.11. – M., 2013. – 23 p.
11. Sirota N.M. Political science. Classics of science. Terms. Tests. – St. Petersburg, 2012. – 32 p.
12. Sorokin V. A. Psychological foundations of managerial decisions of the leaders of the internal affairs bodies: Abstract of the thesis. &helli; cand. crazy. Sciences: 19.00.06. – St. Petersburg, 2006. – 22 p.
LAW ENFORCEMENT AUTHORITIES
OSIPOV Danila Denisovich
lecturer of the Samara State University of Economics
PROSPECTS FOR THE DEVELOPMENT OF PRIVATE DETECTIVE ACTIVITIES IN THE RUSSIAN FEDERATION
This article analyzes private detective activity. Particular attention is paid to the “points of contact” with law enforcement activities. The problems of the current state of private detective activity and possible ways of overcoming them in the long term are investigated.
Keywords: private detective work, law enforcement, public safety, private detective, protection of rights and freedoms.
Work bibliographic list
1. Law enforcement agencies: Textbook for law schools and faculties / Ed. K. F. Gutsenko. — M.: Publishing house «ZERTSALO», 2007. — P. 9.
2. 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).
3. 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”. [Electronic resource]. – Access mode: SPS K+ (date of access: 09/05/2021).
4. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020). [Electronic resource]. – Access mode: SPS K+ (date of access: 09/05/2021).
5. Criminal procedural law of the Russian Federation in 2 hours. Part 1: a textbook for universities / G. M. Reznik [et al.]; under the general editorship of G. M. Reznik. — 3rd ed., revised. and additional — Moscow: Yurayt Publishing House, 2021. // Yurayt Educational Platform [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/470369 (date of access: 04.09.2021).
LAW ENFORCEMENT AUTHORITIES
SHULGIN Andrey Aleksandrovich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
THE ACTIVITIES OF LOCAL POLICE COMMISSIONERS IN RESOLVING FAMILY AND DOMESTIC CONFLICTS
The article deals with the issues of resolving family and domestic conflicts by the district police commissioner. The author attempts to highlight the difficulties encountered in solving this category of offenses in conjunction with the opinions of other scientists in the field of administrative law. The analysis of normative legal acts regulating the sphere of family and household relations is carried out, on the basis of which the author comes to the conclusion about the imperfection of the legislative framework of this sphere of relations, in connection with which measures for improvement are proposed.
Keywords: district police commissioner, offense, conflict, family and household relations, preventive accounting, individual preventive work, administrative responsibility.
Work bibliographic list
1. Volosova N.Yu., Zhurkina O.V., Filippova E.O. The problem of family (domestic) violence during the fight against a new coronavirus infection: prevention issues // Russian Justice. – 2021. – No. 1. – P. 49-51.
2. Ravnyushkin A.V. Domestic offense: concept and composition. // Journal Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2012. – No. 1. – P. 116-122.
3. Romanov A.A. Scientific commentary on the draft federal law “On the Prevention of Domestic Violence in the Russian Federation” // Journal Law: retrospective and perspective. – 2020. – № 2. – P. 44-50.
LAW ENFORCEMENT AUTHORITIES
BOGDANOV Aleksey Viktorovich
Ph.D. in Law, associate professor of Organization of the activities of the internal affairs bodies sub-faculty of the Center for Command Staff Trainings of the Academy of Management of the MIA of Russia
DANSHIN Dmitriy Lvovich
student of the 2nd Faculty of the Academy of Management of the MIA of Russia
GENERAL CHARACTERISTICS OF THE FORMS AND METHODS OF MANAGEMENT USED IN THE TERRITORIAL BODIES OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION AT THE PRESENT STAGE
The article discusses some issues of improving management activities in the system of the Ministry of Internal Affairs of Russia, in terms of determining the forms and methods of departmental management, disclosure of their content and topical issues when used at the present stage. The rapid development of information and telecommunication technologies creates prerequisites for optimizing the methods of communication between subjects and objects of management in the internal affairs bodies of the Russian Federation, which in turn entails the transformation of traditional forms of departmental management. In turn, the knowledge of the entire set of existing management methods by modern managers of the Ministry of Internal Affairs of Russia and their complex, selective use in daily operational and official activities will significantly improve the quality and increase the efficiency of departmental management.
Keywords: internal affairs bodies, management activities, management methods, forms of management, head of the internal affairs body, organization staff, social management, law enforcement system, organization of the activities of internal affairs bodies.
Work bibliographic list
1. Bogdanov A. V., Kochnev A. A. The role of modern software in the process of optimizing information and analytical work in the internal affairs bodies of the Russian Federation // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 403-404.
2. Bavsun I. G. On the possibilities of improving the management activities of internal affairs bodies at the present stage // Actual problems of combating crimes and other offenses. – 2016. – No. 14-1. – P. 216-217.
3. Daineko OA Graphic methods in production management. Lecture. – M., 1966. – 56 p.
4. Kozlova O. V. Scientific bases of production management. – M.; Publishing house “Economics”, 1979. – 285 p.
5. Mikhailov V. I. Some questions of the organization of managerial activity in the internal affairs bodies // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2013. – No. 2 (60). – S. 50-55.
6. Radchenko N. S., Azarova A. I., Gretskaya S. S. Ways to improve the forms and methods of managerial activity in the internal affairs bodies // Young scientist. – 2019. – No. 3 (214). – P. 286-288.
7. Reichert E. S. Social management as a special kind of management // Bulletin of SUSU. – 2006. – No. 13. – P. 33-342.
SAFETY AND LAW
AGUMAVA Alkhas Ardonbeyevich
senior adviser of Justice, Prosecutor of Sukhum. Republic of Abkhazia
MUKHTAROV Dalgat Jamaludinovich
lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Training of the MIA of Russia (branch) Krasnodar University of the MIA of Russia
ON WAYS TO COUNTER ORGANIZED CRIME AT THE PRESENT STAGE
The author of the article, having examined the statistics of crimes of previous years, concluded that organized crime in modern Russia in combination with corruption, drug trafficking, weapons, etc. according to the National Security Strategy of the Russian Federation, is the main threat to state and public security. The author argues that today the state and society are faced with the task of protecting future generations, and for this it is necessary to fight not only with private cases of drug trafficking, but to find a method of combating the entire system. The analysis allows us to state that organized crime continues to be one of the priority threats to national security.
Keywords: criminal formations are cohesive and have a certain internal hierarchy of management, high latency of crimes.
Work bibliographic list
1. Tishkin D. N. Issues of organizing the fight against organized crime in the system of modern international relations // In the book: Interdisciplinary problems of international relations in a global context. Monograph. Scientific editors: A. U. Albekov, A. M. Starostin. – Rostov-on-Don, 2019. – pp. 284-289.
2. Written K. S. Organized crime: concept, signs, development // Legal fact. – – No. 75. – pp. 75-77.
3. Korkmazov A. V., Bozieva Yu. G. Functioning of modern organized crime in a pandemic // Journal of Applied Research. – 2022. – T. 2. No. 3. – pp. 172-175.
4. Dyachenko N. N., Vaile S. P. State and trends of modern organized crime // In the collection: Activities of law enforcement agencies in modern conditions. Collection of materials of the XXV international scientific-practical conference. – – pp. 75-82.
5. Baikov D. M. Expansion of organized crime as a threat to the national security of Russia // Young scientist. – 2014. – No. 8 (67). – pp. 651-655.
6. Dyachenko N. N., Vaile S. P. Status and trends of modern organized crime // In the collection: Activities of law enforcement agencies in modern conditions. Collection of materials of the XXV international scientific-practical conference. – – pp. 75-82.
7. Written K. S. Organized crime: concept, signs, development // Legal fact. – – No. 75. – pp. 75-77.
SAFETY AND LAW
BITOV Alim Aslanovich
lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences, enior lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ENSURING INFORMATION SECURITY IN THE FINANCIAL SECTOR OF THE RUSSIAN FEDERATION: PROBLEMS AND COUNTERMEASURES STRATEGY
The credit and financial sector is the most vulnerable in terms of information security. The introduction of information technologies in credit institutions makes it possible to increase the efficiency of the functioning of credit institutions and increase the availability of financial services for customers. However, despite a number of advantages, the introduction of information technology also leads to an increase in the number of cybercrimes in the financial sector. In the Russian Federation, the Bank of Russia acts as the coordinator in the field of information security of the financial sector. The activity of the Bank of Russia is aimed at the legal regulation of the sphere of information security and the technological equipment of the cybersecurity system. The implemented information protection measures in the banking sector need to be constantly improved, as cybercriminals are also actively mastering new technologies for committing crimes.
Keywords: financial sector, cyber security, cyber attacks, digital technologies, banks, information risks, cyber threats.
Work bibliographic list
1. Standard of the Bank of Russia “Ensuring information security of organizations of the banking system of the Russian Federation. General provisions» STO BR IBBS-1.0-2014 (adopted and put into effect by Order of the Bank of Russia dated May 17, 2014 N R-399) The main directions for the development of information security in the financial sector for the period 2019-2021 (approved by the Bank of Russia).
2. Vasilenko O. A. Measures of the Central Bank of Russia to protect information in the financial sector // Science, technology and education. – 2018. – No. 8 (49). – P. 66-68.
3. Zhukov A. Z. The problem of growth in the number of economic crimes in the Russian Federation through the use of information technologies in the context of globalization // Problems of Economics and Legal Practice. – 2019. – No. 3. – P. 119-121.
4. Alekseev VN Approaches to the development of the information and regulatory system of the financial infrastructure // Research Financial Institute. Financial magazine. – 2019. – No. 2 (48). – S. 109-121.
SAFETY AND LAW
GUTAEV Alim Magomedovich
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 the police
KRIVITSKY Dmitriy Evgenjevich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF LEGAL REGULATION OF ARMS TRAFFICKING IN RUSSIA
The problem of responsibility for crimes related to the circulation of firearms is one of the most relevant. Illegal possession of weapons leads to an aggravation of the criminogenic situation, forms the prerequisites for the commission of socially dangerous acts against a person and property. Unresolved are the issues of determining the varieties, mode of storage and transportation of weapons. A universal model for regulating the circulation of civilian weapons has not been created in the world, the most effective implementation of the presented models is possible only if all objective factors for each particular state are balanced.
Keywords: circulation and types of weapons, state regulation, permits and restrictions, illegal actions, crime situation
Work bibliographic list
1. Ostashev A. A. Legislative regulation of arms turnover in Russia and foreign countries // E-Scio. – 2021. – No. 12 (63). – P. 484-496.
2. Federal Law “On Weapons” dated December 13, 1996 No. 150-FZ. [Electronic resource]. – Access mode http://www.consultant.ru/document/cons_doc_LAW_12679/
3. Decree of the Government of the Russian Federation of July 21, 1998 No. 814 “On measures to regulate the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_19504/
4. Federal Law “On Weapons” dated December 13, 1996 No. 150-FZ. [Electronic resource]. – Access mode http://www.consultant.ru/document/cons_doc_LAW_12679/
5. Federal Law “On Amendments to the Federal Law “On Weapons” and separate legislative acts of the Russian Federation dated June 28, 2021 No. 231-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_124569/
SAFETY AND LAW
GALYAUTDINOV Rustem Flyurovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
NASYROV Ramil Rasilevich
lecturer of the cycle of professional service and physical training of the Ufa school for training of specialists-cynologists of the MIA of Russia, major of police
NEW SCHEMES OF CYBER FRAUD
The article discusses the main schemes of fraudulent actions with the use of information technologies that have become widespread in our country. The author draws attention to the possible negative consequences and the degree of public threat of the considered illegal actions. Special attention is paid to new schemes of deception that have become widespread over the past year.
Keywords: fraud, cybercriminals, risks and threats in the information space, phishing.
Work bibliographic list
1. Zaiganov M. Experts called the most frequent schemes of swindlers. – [Electronic resource]. – Access mode: https://rg.ru/2021/12/02/moshenniki-izobreli-novye-sposoby-ohoty-na-nashi-dengi.html – 06/30/2022.
2. Stepanova Y. Fraudsters activate QR codes. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5170355 – 13.02.2022.
SAFETY AND LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, lecturer of Law enforcement sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of MIA of Russia, lieutenant of police
PROBLEMATIC ASPECTS OF COUNTERING EXTREMIST CRIMES
The relevance of the chosen topic of scientific research is explained by the fact that in the conditions of increasing aggression of foreign countries, countering crimes of extremist and terrorist orientation is one of the priorities of the state.
The dissemination of extremist materials, the recruitment of young people into the ranks of armed formations and the inculcation of an ideology of confrontation between society and the state are currently threats to national security.
The analysis demonstrates that, despite the work of law enforcement agencies in the direction of preventing extremist movements, this illegal activity continues to spread. Therefore, the employees of the competent authorities require modern theoretical and practical knowledge in the field of countering extremist activities.
The author comes to the conclusion that the fight against extremism is possible with the comprehensive mutual work of all bodies and institutions, as well as with the use of a set of measures to improve the standard of living of the population, measures aimed at fostering interfaith tolerance and civic-patriotic education of young people in society.
Keywords: extremism, extremist activity, recruitment, countering extremism.
Work bibliographic list
1. Federal Law No. 114-FZ of July 25, 2002 “On counteracting extremist activity” (as amended). [Electronic resource]. – Access mode: https://base.garant.ru/12127578 (date of access: 05/23/2022).
2. Kirilenko V.P., Alekseev V.P. Actual problems of countering extremist crimes // All-Russian Journal of Criminology. – 2018. – V. 12. – No. 4. – C. 561-571 (date of access: 19.04.2022).
3. Stukalov V. V., Zaporozhets E. V. Problems of countering extremism on the Internet // Society and Law. – 2016. – No. 4 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-protivodeystviya-ekstremizmu-v-seti-internet-1 / (date of access: 06/10/2022).
SAFETY AND LAW
KASHIRGOV Astemir Khasanovich
lecturer of Organization of law enforcement sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
GUTAEV Alim Magomedovich
lecturer of Organization of law-enforcement activity sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE FIGHT AGAINST CORRUPTION AS THE MAIN CONDITION OF NATIONAL SECURITY
Corruption is a powerful factor in social disorganization and social disharmony. When it reaches a certain level of prevalence, it becomes a threat to national security. This phenomenon has a high survivability, adaptability to anti-corruption impacts – adaptability, which forms many degrees of protection in relation to legal measures.
Keywords: anti-corruption dialectic, corruption, national security theory, anti-corruption strategies, anti-corruption efficiency factors
Work bibliographic list
1. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Mode of access: http://www.consultant.ru/document/cons_doc_law_10699/
2 Kondrashova T. V. Fight against corruption: fight or its imitation? // In the collection: Corruption: the anatomy of a phenomenon. Materials of the International scientific-practical conference. Ural State Law University, Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences. – 2020. – P. 70-78.
3. Gaibullaeva S. M., Gadzhimagomedova Sh. S. Fighting corruption is the main condition for economic growth // Innovations. The science. Education. – 2021. – No. 46. – P. 1421-1426.
4. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_law_10699/
5. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_law_10699/
6. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_law_10699/
SAFETY AND LAWО
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ARDAVOV Mikhail Mukhamedinovich
Ph.D. in Law, Head of Special disciplines sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, colonel of police
MEASURES TO PREVENT AND COMBAT MANIFESTATIONS OF EXTREMISM AND TERRORISM IN EDUCATIONAL INSTITUTIONS
In the article, the author gives the concept of extremism, describes its main manifestations. The importance of countering this dangerous phenomenon, which often develops into terrorist acts, incitement of discord on the basis of religious confrontation, racial, political, etc., is emphasized.
The author draws attention to the fact that not only the state should pursue a policy of countering these phenomena, law enforcement agencies and security services, but also social services, educational institutions, and citizens themselves. It is important to “put” into the heads of young people an understanding of the inadmissibility of supporting the ideas of violence, bullying, vandalism and other manifestations, to emphasize that any illegal acts, especially under the auspices of radical views, entail criminal liability.
Keywords: counteraction, extremism, terrorism, violence, ideology, prevention, patriotism, education.
Work bibliographic list
1. In Russia, the number of extremist crimes increased by a quarter in 2021-Incidents–TASS. [Electronic resource]. – Access mode: https://tass.ru/proisshestviya/13459223?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 05/20/2022).
2 . Lenin V.I. Why should social democracy declare a resolute and merciless war against socialist revolutionaries // PSS. – T. 6. – S. 376.
3. Mishin A. A. Socio-demographic characteristics of those convicted of extremist and terrorist crimes // Man: crime and punishment. – 2021. – V. 29 (1-4). – No. 1. – P. 123-128
4. Extremist organizations in the USSR. Is history repeating itself? – Blog of Nadezhda Suptelya. [Electronic resource]. – Access mode: https://uspehmoney.ru/ekstremistskie-organizatsii-v-sssr-istoriya-povtoryaetsya (date of access: 05/20/2022).
SAFETY AND 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
ON THE ISSUE OF COUNTERING EXTREMISM AT THE PRESENT STAGE
In the article, the author gives the concept of extremism and its main causes in the current situation in the country and the world. The importance of countering this most dangerous direction is emphasized not only from a legislative point of view, but also with the help of public work, education and other things.
The author in the article gives examples of the measures that have already been taken, draws attention to the important role of law enforcement agencies and security services, as well as educational institutions in countering extremism, conducting preventive work with young people.
Keywords: extremism, terrorism, counteraction, prevention, patriotism, education, strategy of countering extremism, coronavirus, law enforcement agencies.
Work bibliographic list
1. In Russia, the number of extremist crimes increased by a quarter in 2021 – Incidents – TASS. [Electronic resource]. – Access mode: https://tass.ru/proisshestviya/13459223?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 06/04/2022).
2 . Zorina P. A. Features of the prevention of extremism in the youth environment // Humanitarian, socio-economic and social sciences. – 2017. – No. 4. – P. 26-28.
3. Illegal anti-extremism in May 2022 / June / 2022 / Publications / Illegal anti-extremism / SOVA. [Electronic resource]. – Access mode: https://www.sova-center.ru/misuse/publications/2022/06/d46381/ (date of access: 20.05.2022).
4. Putin called for the development of preventive measures to combat extremism – RIA Novosti, 02/17/2022. [Electronic resource]. – Access mode: https://ria.ru/20220217/ekstremizm-1773313556.html (date of access: 05/20/2022).
5. Rosstat named the number of Russians living below the poverty line — RBC. [Electronic resource]. – Access mode: https://www.rbc.ru/economics/11/03/2022/622b53209a7947ef35d91afb (date of access: 05/20/2022).
SAFETY AND LAW
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KYMISHEVA 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
FEATURES OF ADMINISTRATIVE AND LEGAL REGULATION OF RELATIONS ARISING FROM THE INTRODUCTION OF A STATE OF EMERGENCY IN THE RUSSIAN FEDERATION
Today, various large-scale transformations are taking place all over the world, entailing both positive changes and significant threats, the degree and nature of which are constantly changing. First of all, there is an imperfection of the legislation regulating the activities of the internal affairs bodies and other law enforcement agencies involved in ensuring the state of emergency and eliminating its further consequences. Another significant drawback is the failure to hold accountable those state authorities, law enforcement agencies, officials who not only ensure the order of the special regime, but also carry out illegal or gross actions that entail unreasonable and significant restriction of human rights and freedoms in a state of emergency. The article examines the totality of administrative and legal norms, legal acts regulating social relations arising from the establishment and operation of the state of emergency in Russia. The purpose of the scientific article is to comprehensively consider the institution of a state of emergency, the procedure for its introduction and the peculiarities of the legal status of the subjects of administrative and legal relations arising from the introduction of a state of emergency in Russia.
Keywords: state of emergency, emergency situation, administrative and legal regulation of public authorities, internal affairs bodies.
Work 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). – Art. 56.
2. Kostrikova N. A. Legal regulation of the regime of martial law and state of emergency: V International Baltic Maritime Forum / Forum Materials. – 2017. – S. 796-802.
3. Yurasyuk N. V., Matveev A. G. Legal regulation of the regime of military and state of emergency // In the collection: V International Maritime Forum. Forum materials. Compiled by Kostrikova N. A., 2017. – P. 799-802.
HUMAN RIGHTS
KLINCHUK Svetlana Vasiljevna
lecturer of Criminal process and forensic science sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
BENEDISHIN Bogdan Aleksandrovich
cadet of the Crimean branch of the Krasnodar University of the MIA of Russia, ordinary police
CERTAIN ASPECTS OF THE INVESTIGATION OF FRAUD COMMITTED IN ORDER TO RECEIVE SOCIAL BENEFITS
There is a special provision of the criminal law, according to which criminals are brought to criminal responsibility, namely Article 159.2 of the Criminal Code of the Russian Federation “Fraud in receiving payments”. The complexity of the investigation of such crimes lies in the fact that the person who carries out the preliminary investigation needs to be guided in the work of banks, credit organizations, to know the legislative framework, according to which various social benefits are accrued.
Keywords: fraud, social benefits, economic activity, government agencies, criminal case, investigation.
Work bibliographic list
1. Kopeiko T. G. Reasons and conditions for committing fraud when receiving payments // Humanitarian, socio-economic and social sciences questions of qualification and investigation of fraud when receiving payments. – 2021. – No. 4. – P. 42-53.
2. Potetinov V.A. On the issue of qualifying fraud in receiving social payments (Article 159.2 of the Criminal Code of the Russian Federation) // Law and Practice. – 2021. – No. 3. – P. 16-22.
3. Fedorov A. V., Kravtsov S. S. Questions of qualification and investigation of fraud in receiving payments // Yurist-Pravoved. – 2021. – No. 10. – P. 36-57.
4. Shcherbachenko A. K. Stability of the mechanism of fraud committed by a group of persons // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 9. – S. 26-47.
HUMAN RIGHTS
KHARLAMPJEVA Nadezhda Klimovna
Ph.D. in historical sciences, associate professor of the World politics sub-faculty of the Saint-Petersburg State University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of the World politics sub-faculty of the St. Petersburg State University
POLITICAL AND LEGAL PRINCIPLES OF PRESERVING CULTURAL HERITAGE IN THE METHODOLOGY OF STUDYING THE ARCTIC
The article updates the features of studying and evaluating the principles of preserving cultural heritage in the Arctic. With the help of world political analysis, a feature of the academic and expert-pragmatic approaches to the study and evaluation of the principles of preserving cultural heritage in the Arctic has been revealed. In the academic environment, intangible cultural heritage is discussed in order to develop scientific and methodological topics for educational programs for higher educational institutions and disseminate knowledge using the example of the Arctic. The political and legal contradictions of the object of study are assessed from a pragmatic point of view and the expediency of signing new international acts. Attention is focused on the problem of coordination of competencies between federal and regional authorities.
Keywords: space of knowledge, indigenous peoples of the Arctic, cultural heritage, world policy approach.
Work bibliographic list
1. Andrichenko L. V. Problems of legal support for the preservation of the cultural heritage of indigenous peoples: international and national aspects // Journal of Foreign Legislation and Comparative Law. – 2019. – No. 4. – pp. 17-32.
2. Ignatieva I. A. Legal foundations for the development of the Arctic zone of the Russian Federation and the concept of sustainable development // Ecological Law. – 2021. – No. 6. – pp. 11-16.
3. Ignatieva S. S., Bogolyubova N. M., Kuznetsova A. E., Matveevskaya A. S., Nikolaeva Yu. V., Kharlampyeva N. K., Osadchaya E. V. St. Petersburg State University and the Arctic State Institute culture and arts: experience and prospects for cooperation in intercultural communication and tourism in the Arctic // Vestnik AGIKI. Arctic State Institute of Culture and Arts. – 2020. – No. 11 (1). – pp. 35-38.
4. The development of consistency in the development of the natural potential of the northern little-studied territories / Tatarkin A. I., Ignatieva M. N. et al. – Yekaterinburg, 2015.
5. Kharlampyeva N. K. The Arctic in the modern system of the global world // Science and innovative developments – North: Sat. reports. Tot. ed. A. A. Goldman, I. V. Zyryanov, I. S. Tomsky. – Novosibirsk: Publishing House of the Siberian Branch of the Russian Academy of Sciences, 2014. – pp. 397-390.
6. Ecological restoration in the Arctic: a review of international and Russian experience / ed. T. Yu. Minaeva. – Syktyvkar – Naryan-Mar, 2016. – 288 p.
7. Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) 2007 [Electronic resource]. – Access mode: https://www.docip.org/ru/korennye-narody-v-oon/ehkspertnyi-mekhanizm/ (date of access: 05/01/2022).
8. Ethno-national processes in the Arctic: trends, problems and prospects: monograph / I. F. Vereshchagin, K. S. Zaikov, A. M. Tamitsky, T. I. Troshina, F. Kh. Sokolova, N. K. Kharlampyeva et al. .; under total ed. N. K. Kharlampyeva; Sev. (Arctic) feder. un-t. M. V. Lomonosov. – Arkhangelsk: NArFU, 2017. – 325 p.
9. Huhmarniemi M., Jokela T. 2020. Arctic Arts with Pride: Discourses on Arctic Arts, Culture and Sustainability. Sustainability (Switzerland), 12(2): 1-21. https://doi.org/10.3390/su1202060.
10. Jokela T., Huhmarniemi M., Beer R., Soloviova A. 2021. Mapping New Genre Arctic Art. [Electronic resource]. – Access mode: https://arcticyearbook.com/images/yearbook/2021/Scholarly-Papers/29_AY2021_Jokela.pdf (accessed 05/01/2022).
PEDAGOGY AND LAW
ASHKHOTOVA Liana Arkadjevna
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, senior lieutenant of police
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
TECHNOLOGY FOR IMPROVING THE COMMUNICATIVE MOBILITY OF DIA EMPLOYEES IN ADDITIONAL PROFESSIONAL EDUCATION
Almost every employee of the Department of Internal Affairs, regardless of the functions performed, has to apply adaptive strategies daily in communicating with various categories of citizens. This suggests that within the framework of additional professional education, it is necessary to implement special measures aimed at mastering the necessary knowledge and skills that ensure the mobility of communication in different conditions of professional activity.
Keywords: communicative mobility, professional education, pedagogical practice, technologization, evolutionism, contextual learning technology.
Work bibliographic list
1. Bespalko V.P. Components of pedagogical technology. – Moscow: Pedagogy, 1989. – 190 p.
2. Guzeev VV Educational technology: from admission to philosophy. – Moscow: Ed. Firm «September», 1996. – 112 p.
3. Nikonorov E. A., Vokhontseva N. S. Pedagogical technologies in modern pedagogy // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 6. – pp. 280-282.
4. Shamshina I. G. Pedagogical technologies used in andragogy // Bulletin of science and education. – 2014. – No. 1 (1). – pp. 66-69.
5. Verbitsky A. A. Pedagogical technology in contextual learning // Pedagogy and psychology of education. – 2009. – No. 3. – pp. 48-54.
PEDAGOGY AND LAW
KUBEEV Alibek Zhanabaevich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Eduard Vadimovich
senior lecturer of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia
PROBLEMS OF PROVIDING SECURITY MEASURES FOR PHYSICAL TRAINING CLASSES BY EMPLOYEES OF INTERNAL AFFAIRS BODIES
The article deals with the problem of ensuring security measures at training sessions in the discipline «Physical training». The activities of the employees of the internal affairs bodies are aimed at combating crime, which determines the important role of the physical fitness of the employee. However, at the stage of studying this section and working it out, it is necessary to minimize injuries, since this negatively affects the health of the student himself, and also becomes an obstacle to implementation as an employee of the internal affairs bodies. Both the student and the teacher can prevent the occurrence of such situations.
Keywords: security measures, police officer, physical training, combat fighting techniques, training of cadets.
Work bibliographic list
1. Krasilov O.V., Manannikov S.V., Balakin Yu.P. Physical training as a component of the complex of bases for professional training of an internal affairs officer // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. 2019. No. 2 (37). pp. 179-181.
2. Barkalov S.N. Causal factors of sports injuries and ways to prevent it in the physical training classes of police officers // Training of personnel for law enforcement agencies: modern trends and educational technologies. Collection of materials all-Russian. scientific and methodical. conf. Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2017. P. 8-13.
PEDAGOGY AND LAW
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational-investigative activity of internal affairs bodies sub-faculty of the Ufa Law Institute of MIA of Russia
THE USE OF INFORMATION AND COMMUNICATION TECHNOLOGIES IN THE EDUCATIONAL PROCESS
The priority areas of activity of the internal affairs bodies are the implementation of a unified technical policy of informatization of the internal affairs bodies, the development of information technology infrastructure, means and communication systems, information security, organization of external electronic interaction. This approach requires improving the training of future police officers. In this regard, the transition to training using information and communication technologies is very relevant today. Despite the necessity and importance of all research conducted in the field of the use of information and communication technologies in education, there are a number of problems.
Keywords: information and communication technologies, training, education, information and analytical support, informatization, digital educational environment.
Work bibliographic list
1. Sychev A. V. Perspective technologies and languages of web development. [Text]. – M.: Open National University «INTUIT», 2016. – 494 p.
2. Mashchenko M. V. Modern information and communication support of the educational process by means of online services: Educational and methodological manual [Electronic resource] / M. V. Mashchenko, E. A. Koksharova, I. V. Belenkova. – Electron. text data. – Krasnoyarsk: Scientific and Innovation Center, 2019. – S. 8.
PEDAGOGY AND LAW
NOSKOV Oleg Sergeevich
Ph.D. in Law, Acting Deputy Head of the Institute (for Academic Affairs) of the Ufa Law Institute of the MIA of Russia
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
METHODS OF PSYCHOLOGICAL INFLUENCE DURING TRAINING SESSIONS ON FIRE TRAINING WITH CADETS (TRAINEES) OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses methods of improving the effectiveness of shooting in the classes of fire training for cadets (students) of educational organizations of the Ministry of Internal Affairs of Russia. The psychological state of the police officers is the key to an accurate shot when firing from a combat weapon. The use of various methods of psychological influence on the self-consciousness of cadets (listeners) is necessary for the training of future police officers.
Keywords: fire training, methods of psychological influence, cadet, listener, educational organizations, the Ministry of Internal Affairs of Russia.
Work bibliographic list
1. Noskov O. S., Pugachev A. V. Influence of training load on the success of cadets in the discipline “fire training” // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (90). – S. 204-212. – EDN ZJINJF.
2. Problems of organization of conducting practical exercises on fire training in the territorial bodies of the Ministry of Internal Affairs of Russia: methodological recommendations / O. S. Noskov, N. Yu. Goryacheva, A. I. Murtazin, R. F. Faskhutdinov, A. A. Daminov. – Ufa: Ufimsky Institute of the Ministry of Internal Affairs of the Russian Federation, 2019. – 42 p.
3. Exercises for complex classes in fire and physical training: teaching aid / Comp. V. N. Konstantinov, L. N., Nenashev, D. V. Oshurkov, T. D. Keldasov. – Irkutsk: FGKOU VO VSI MIA of Russia, 2018. – 48 p.
PEDAGOGY AND LAW
YAKUSHEV Vadim Aleksandrovich
Ph.D. in Law, associate professor of Organization of fire and physical training sub-faculty of the Academy of Management of the MIA of Russia
ZHAMBOROV Anzor Anatoljevich
Ph.D. in Law, associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
RASHIDOV Murad Magomednurovich
student of group № 2UZ-2014 of the Academy of Management of the MIA of Russia
РROBLEMS OF ORGANIZATION OF PROFESSIONAL TRAINING OF YOUNG EMPLOYEES OF INTERNAL AFFAIRS BODIES AT THE STAGE OF REFERRAL TO THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses the organizational and legal foundations of special training for employees of the internal affairs bodies of the Russian Federation. The study of the current regulatory legal acts regulating this area of activity was carried out, attention was drawn to the existing certain shortcomings of legal support in terms of organizing the process of referral to vocational training of young employees of internal affairs bodies. The dependence of timely referral to vocational training and combat capability of not only individual employees, but also the unit as a whole is determined; in addition, the regulation of labor relations in terms of recreation organization depends on it, that is, timely provision of days off, compliance with vacation schedules, vacations for personal or other circumstances; uniform workload, full staffing and the availability of appropriate competencies of the personal staff is the basis for the successful performance of operational tasks by the unit, as well as a favorable moral and psychological climate in service teams. The most problematic issue encountered in the practical daily activities of internal affairs bodies was touched upon, ensuring the referral of personnel to training programs for the position of a police officer to educational organizations of the Ministry of Internal Affairs of Russia, as well as the issue of paying bonuses (for DVSO) to various categories of police officers who are not allowed to full-fledged services. The authors have proposed their own solution to the problem, which consists in fixing changes in a certain regulatory legal act of the Ministry of Internal Affairs of Russia, the purpose of which is to develop additional motivation for employees to train.
Keywords: educational organizations, training, vocational training, performance of duties, program, award, final certification, special training, attestation commission.
Work bibliographic list
1. Federal Law No. 3-FZ of February 7, 2011 (as amended on February 6, 2020) “On the Police”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_110165/
2. Federal Law No. 342-FZ of November 30, 2011 (as amended on July 31, 2020) “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_122329.
3. On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation (Registered with the Ministry of Justice of Russia on March 22, 2018 No. 50460): order of the Ministry of Internal Affairs of Russia dated August 01, 2018 No. 50 (as amended on November 24, 2020). [Electronic resource]. – Access mode: https://mvd.consultant.ru/documents/1056428?items=100 (date of access: 15.02.2022).
4. Federal Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_140174. (date of access: 01/19/2022).
5. “On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation” (Registered with the Ministry of Justice of Russia on April 29, 2021 No. 63298): Order of the Ministry of Internal Affairs of Russia dated March 31, 2021 N 181. [Electronic resource]. – Access mode: https://mvd.consultant.ru/documents/1057322 (date of access: 02/15/2022).
PSYCHOLOGY AND LAW
GAINULLINA Aigul Vilevna
Ph.D. in psychological sciences, Head of Pedagogy and psychology in the activity of internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
THE CONTENT OF THE CONTROL AND SUPERVISORY ACTIVITIES OF THE INTERNAL AFFAIRS BODIES IN THE FIELD OF MIGRATION
The article reveals the psychological features of the activities of investigators, analyzes the structure of their professional and psychological readiness, presents the results of a questionnaire survey of students regarding the main difficulties that await them in practical activities, raises questions of improving the professional and psychological training of future specialists for investigative units, taking into account the use of interactive forms of training and practice-oriented approach, as well as the possibilities of psychological and pedagogical support.
Keywords: investigators, participants in the criminal process, professional and psychological readiness, students, socio-psychological training.
Work bibliographic list
1. Eremeev S. G. Psychological features of the formation of testimony // Actual problems of combating crimes and other offenses. – 2018. – No. 18-2.
2. Kolokoltsev V. A. Speech at an expanded meeting of the collegium of the Ministry of Internal Affairs of the Russian Federation on February 17, 2022. [Electronic resource]. – Access mode: http://www.kremlin.ru (date of access: 05/30/2022).
3. Applied legal psychology: textbook for universities / ed. prof. A. M. Stolyarenko. – M.: UNITI-DANA, 2001.
4. State of Crime – January-December 2021. [Electronic resource]. – Access mode: https://mvd.rf (date of access: 05/30/2022).
5. Fetiskin N. P., Kozlov V. V., Manuylov G. M. Socio-psychological diagnostics of the development of personality and small groups: a study guide. – M.: Institute of Psychotherapy, 2002.
PSYCHOLOGY AND LAW
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 of the Federal Penitentiary Institution «Research Institute of the Federal Penitentiary Service»
MARCHUK Olga Anatoljevna
Ph.D. in pedagogical sciences, Head of the cycle of general legal and social disciplines of the Federal State Educational Institution «Interregional Training Center of the Federal Penitentiary Service of the Moscow Region»
STRESSFUL FACTORS IN THE PROFESSIONAL ACTIVITY OF EMPLOYEES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The article deals with issues related to stress in the conditions of a pandemic, which can be experienced by employees of the penitentiary system of the Russian Federation, both in the performance of official duties and in life. The mechanism of stress influence on the body is described, the characteristics of the types of stress factors affecting the employees of the penal system of the Russian Federation are given. The criteria of mental health, which can be used in a stressful situation, are also described. Methods of dealing with professional stress are given as self-defense.
Keywords: stress, stress factors, institutions and bodies, employees, penal enforcement system.
Work bibliographic list
1. Great Russian encyclopedia. [Electronic resource]. – Access mode: https://bigenc.ru/search?q==stress (date of access: 05/27/2022).
2. Petrenko D.P. Stress during the COVID-19 pandemic and after it // Forum of Youth Science. – 2021. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stressy-v-period-pandemii-covid-19-i-after-neyo (date of access: 05/27/2022).
3. Psychology of stress and methods of its prevention: teaching aid / Auth.-comp. – Art. teacher V. R. Bildanova, Assoc. G. K. Biserova, Assoc. G. R. Shagivaleeva. – Yelabuga: Publishing house of EI KFU, 2015. – 142 p.
4. Putintseva A. V. Stress in the workplace and its impact on the employee / A. V. Putintseva. // Young scientist. – 2021. – No. 17 (359). – pp. 344-346. [Electronic resource]. – Access mode: https://moluch.ru/archive/359/80268/ (date of access: 05/26/2022).
5. Sidorcheva EN Modern approaches to stress management. Practical recommendations for improving psychological stability. Guidelines. – Chelyabinsk, 2014. [Electronic resource]. – Access mode: https://www.profpsz.ru/images/files/v-pomosh-proforgu/2018/Metodicka%20Prakticeskie%20rekomendacii%20po%20povyseniu%20psihologiceskoj%20ustojcivosti.pdf. (date of access: 05/29/2022).
6. Trufanova T. A. Modern approaches to managing professional stress // Bulletin of TSU. – 2015. – No. 4 (144). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-podhody-k-upravleniyu-professionalnymi-stressami (date of access: 05/29/2022).
MEDICAL LAW
GOROVENKO Sergey Viktorovich
Ph.D. in Law of the Tyumen State Medical University of the Ministry of Health of Russia
SANITARY AND EPIDEMIOLOGICAL AUDIT: INTERNATIONAL EXPERIENCE AND RUSSIAN LEGISLATION
At the moment, in Russia, sanitary and epidemiological audit as an independent assessment of the compliance of activities, works and services with sanitary requirements does not have reliable legal support. This concept is absent in Federal Law No. 52-FZ of 12.03.1999. “On the sanitary and epidemiological welfare of the population”, in contrast to the legislation, for example, of the Republic of Belarus and the Republic of Kazakhstan. The study of foreign experience in creating a system of independent assessment of compliance with sanitary and epidemiological standards will allow us to determine the optimal provisions that could be used in Russian legislation.
Keywords: sanitary and epidemiological audit, sanitary risk management.
Work bibliographic list
1. Mai I. V., Sedusova E. V., Lebedeva T. M. Sanitary and epidemiological audit in Russia and abroad: problems and development prospects (analytical review) // Health risk analysis. – 2016. – No. 4. – pp. 135-143.
2. Ternov V. I. Sanitary and epidemiological audit in the Republic of Belarus: state, problems and development prospects // Zdravookhranenie. – 2019. – No. 9. – 42-44.
SOCIOLOGY AND LAW
DAUTOVA Tanzilya Akhtyamovna
Ph.D. in sociological sciences, associate professor of State management sub-faculty of the Bashkir State University
GALLYAMOVA Ainaz Faatovna
magister student of State management sub-faculty of the Bashkir State University.
«SOCIAL CONTRACT» AS A NEW METHOD OF COMBATING POVERTY IN THE REPUBLIC OF BASHKORTOSTAN
The article analyzes the phenomenon of social contracts as one of the new forms of social protection of the population. Their varieties, advantages and problems arising in the process of their implementation are considered. It is noted that social contracts are in high demand among the target audience. It is proposed to simplify the administration procedure, which will improve the efficiency of using a new socio-economic tool to increase the business activity of the population.
Keywords: social contract, poverty, living wage.
Work bibliographic list
1. Kravchenko E.V. Social contract as a promising mechanism for increasing the efficiency of social protection of the population // Labor Economics. – 2019. – Volume 6. – No. 2. – pp. 827-840.
2. Regional management in Russia: historical experience and factors of modern development: Collective monograph / Aznabaev B.A., Rakhimov R.N., Urazova A.I. (and etc.); ed. Frolova I.V. – Ufa: Inesh, 2020. – 216 p.
SOCIOLOGY AND LAW
FASTOVA Marina Andreevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Astrakhan State University
MITYACHKINA Ekaterina Sergeevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Kutafin O. E. Moscow State University of Law (MSAL)
KHACHIROV Alik Vissarionovich
associate professor of Fire drilling and gas and smoke protection training sub-faculty (as part of the UNK for fire fighting) of the Academy of the State Fire Service of the Ministry of Emergency Situations of Russia
THEORETICAL AND LEGAL ASPECT OF MEDIATION FROM THE POSITION OF THE INSTITUTIONAL APPROACH
The article analyzes the institutional aspects of mediation as a general legal institution, taking into account the provisions of scientific thought in various fields of activity in the field of sociology, jurisprudence, and economics. The study made it possible to generalize the available categorical interpretations of mediation, separating them into certain groups and modules, united according to similar characteristics, revealing mediation as a form, activity, process, system, phenomenon, institution, action, legal relationship. For a complete and comprehensive conceptual understanding of mediation, it seems possible to use a systematic and integrated approach that would allow us to explore mediation relations as an integral dynamic system that meets the challenges of modern society.
Keywords: mediation, intermediary, law, conflict, deal, contract, mediation, mediator, agreement, public relations.
Work bibliographic list
1. Arkhipkina A. S. To the question of the possibility of using mediation in public law disputes // State power and local self-government. – 2022. – No. 3. – P. 15-20.
2. Gavryushkin S. N. Mediation in the sphere of intellectual property // IS. Industrial property. – 2022. – No. 2. – pp. 45-55.
3. Gochyev T. D. Ethical code of mediation: moral and legal aspects // Arbitration and civil process. – 2021. – No. 10. – pp. 17-21.
4. Kuznetsov V. A., Kutsenko S. V. Mediation in anti-crisis management and bankruptcy // Property relations in the Russian Federation. – 2022. – No. 4. – pp. 51-56.
5. Kutsenko S. V., Golikov V. D. Mediation // Sociology of Economics: in 2 books. – Book. 2. – Ufa: UGATU, 2008. – 423 p.
6. Maslow A. Motivation and personality. 3rd ed. / Per. from English. – St. Petersburg: Peter, 2014. – 532 p.
7. Ryasentsev VA The origin of representation and its essence in bourgeois civil law. – Issues of civil law. Scientific notes of VUZI. – Issue. 10. – M., 1960. – 214 p.
8. Modern methods of research in jurisprudence / Ed. N. I. Matuzova and A. V. Malko. – Saratov: SUI of the Ministry of Internal Affairs of Russia, 2007. – 375 p.
9. Financial intermediation of commercial banks: monograph / ed. prof. Yu. V. Rozhkova. — Khabarovsk: RIC KhGAEP, 2011. – 203 p.
10. Sheremetova G.S. Mediation agreement as an executive document // Arbitration and civil process. – 2020. – No. 2. – pp. 23-27.
LANGUAGE AND LAW
ILYASOVA Diana Fanilevna
magister student of the Faculty of Chemistry and Technology of Production of Inorganic Substances of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
KNYAZEV Dmitriy Aleksandrovich
magister student of the Faculty of Chemistry and Technology of Production of Inorganic Substances of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
AMINOV Sherozjon Rasulzhonovich
magister student of the Faculty of Chemistry and Technology of Production of Inorganic Substances of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of Humanities sub-faculty of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
INNOVATIVE TECHNOLOGIES OF TEACHING A FOREIGN LANGUAGE IN EDUCATIONAL INSTITUTIONS
The article is devoted to the application of innovative technologies in the process of foreign language teaching. The relevance of using of innovative technologies is increasing due to the rapid development of society. The aim of the work is to reveal the importance of innovative technologies in foreign language learning. The scientific significance of the article is the study of the main personality-oriented and information-computer innovative learning technologies. The practical significance of the article is the comprehensive study of the theoretical foundations of innovative technologies for teaching foreign languages in educational institutions. The results of the study allowed us to offer practical recommendations for educational institutions.
Keywords: innovative technologies, modern technologies, foreign language, education, opportunities, internet, teaching methods.
Work bibliographic list
1. Braslavsky P. I., Danilov S. Yu. Internet as a means of inculturation and acculturation // Mutual understanding in the dialogue of cultures: conditions for success: monograph: in 2 hours / Ed. Ed. L. I. Grishaeva, M. K. Popova. – Voronezh: Voronezh state. university, 2017. – Part 1. – pp. 215-228.
2. Golub L. N. Technology of problem-based teaching of foreign languages // In the collection: Issues of modern philology and problems of methods of teaching languages. Materials of the fourth international scientific-practical conference. Ed. Artemova V. S., 2016. – pp. 182-189.
3. Kozina T. A., Steshina E. G., Sbotova S. V. Innovative technologies in the process of teaching a foreign language at a university: monograph. – Penza: PGUAS, 2013. – P. 8.
4. Latypova ER On the problem of applying innovative technologies for teaching foreign languages. – Science and School, 2015. – P. 3.
5. Makarova T. N. Innovative technologies in teaching a foreign language // Social and humanitarian education in the modern world: problems, searches, solutions. – 2019. – pp. 176-180.
6. Palagutina M. A. Innovative technologies for teaching foreign languages / M. A. Palagutina, I. S. Serpovskaya. // Problems and prospects for the development of education: materials of the I Intern. scientific conf.–T. 1. – Perm: Mercury, 2019. – pp. 156-159.
7. Passov E.I. Pedagogy // A unified approach to the subjects of the language cycle 2nd edition, corrected. and additional – M.: Enlightenment, 2019. – P. 94.
8. Sysoev P. V., Evstigneev M. N. The use of new educational Internet technologies in teaching a foreign language (on the material of US cultural studies) // Bulletin of TSU. – 2018. – No. 2 (58). – P. 363.
9. Umarova B. Kh. Innovative technologies for teaching a foreign language in a non-linguistic university // Education as a factor in the development of the intellectual and moral potential of the individual and modern society. – 2019. – pp. 69-74.
10. Khramova Yu. N., Khairullin R. D. Possibilities of using ICT in foreign language classes using critical thinking technology // Modern trends in the development of science and technology. – 2016. – pp. 135-137.
11. Chistyakova VV Mobile technologies in the system of teaching a foreign language: expectations and opportunities // Bulletin of the Cherepovets State University. – 2014. – P. 153.
12. Joey J. Lee Gamification in Education: What, How, Why Bother? // Academia.edu. – 2018. – [Electronic resource]. – Access mode: http://www.academia.edu/570970/Gamification_in_Education_What_How_Why_Bother (accessed 10/18/2021).
13. O’malley J. M. And Chamot, A.U., 2020. Learning Strategies In Second Language Acquisition. – Cambridge University Press. – P. 112.
ECONOMY. RIGHT. SOCIETY
ZASHCHITINA Elena Konstantinovna
Ph.D. in economical sciences, associate professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, Taganrog
EVCHENKO Natalya Nikolaevna
Ph.D. in economical sciences, professor of the Faculty of Management of the Southern Federal University
THE ROLE OF EDUCATION AND INNOVATION IN INCREASING THE COUNTRY’S COMPETITIVENESS ON THE WORLD STAGE
The purpose of this article is to identify modern trends in the development of human capital by studying the experience of the leading countries of the world. To achieve this goal, the following were considered: the model of the triple helix of innovation, the global innovation index, as well as the cases of the world’s leading countries on the use of public-private partnership mechanisms to stimulate innovation and the development of education.
Keywords: triple helix of innovation, world economy, global innovation index, public-private partnership, human capital.
Work bibliographic list
1. Kapelyushnikov R. I. How much is the human capital of Russia? – M.: Ed. House of the Higher School of Economics, 2019. – 76 p.
2. Best practices of public-private partnership in the innovation sphere // Scientific, technological and innovation policy in the Netherlands. [Electronic resource]. – Access mode: https://lsts.hse.ru/news/38943494.html (date of access: 06/05/2022).
3. Why is Switzerland a leader in innovation? [Electronic resource]. – Access mode: https://www.swissinfo.ch/eng/business (Accessed: 05/14/2022).
4. Saginova O. V. Internationalization of higher education as a factor of competitiveness // Bulletin of the Russian Academy of Economics. G. V. Plekhanov. – 2004. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internatsionalizatsiya-vysshego-obrazovaniya-kak-faktor-konkurentosposobnosti (date of access: 05/06/2022).
5. Ranking of countries by level of innovation. [Electronic resource]. – Access mode: https://nonews.co/directory/lists/countries/global-innovation-index (accessed 05/14/2022).
ECONOMY. RIGHT. SOCIETY
KULIKOVSKIY Aleksey Petrovich
postgraduate student of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
POLTORYKHINA Svetlana Valerjevna
Ph.D. in economical sciences, associate professor, Head of Finance and credit sub-faculty of the Naberezhnye Chelny branch of the V. G. Timiryasov Kazan Innovative University (IEML)
SIVTSOVA Inna Sergeevna
postgraduate student of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
KHAPILINA Svetlana Ivanovna
leading specialist of the Department of Quality management, practical training and employment of graduates of the N. V. Parakhin Orel State Agrarian University
MODERN PROBLEMS OF THE FUNCTIONING OF REGIONAL INNOVATION SUBSYSTEMS (ON THE EXAMPLE OF AN AGRARIAN REGION)
The article deals with the process of formation and development of regional innovative subsystems of the agrarian region. Their relevance and place in the modern national innovation system of the state is substantiated. The complex and contradictory nature and specificity of the concept of regional innovation subsystems is shown. The constituent processes of formation and functioning of regional innovation subsystems are characterized. It is proved that in the process of functioning of regional innovation subsystems, many problems inevitably arise. It is concluded that it is necessary to take into account modern problems of the functioning of regional innovation subsystems in order to ensure the effectiveness of the development of the agrarian region.
Keywords: national innovation system, regional innovation subsystems, regional social innovation ecosystems, regional development, regional innovation policy.
Work bibliographic list
1. Bryzgalova-Plan EA Regional innovation subsystems and problems of their formation // Innovations and investments. – 2021. – No. 4. – P. 8-12.
2. Levizov V. A. Problems of formation of regional innovation subsystems and ways to solve them // Bulletin of the Russian Academy of Natural Sciences. – 2014. – No. 18. – P. 101-103.
3. Petrukhina N. V., Sabinina A. L. Formation of a regional innovation subsystem from the standpoint of network and institutional approaches // Bulletin of the Tula State University. – 2017. – No. 4-1. – P. 308-318.
4. Petrukhina N. V. Formation of regional innovation subsystems in the spatial aspect of the development of the national innovation system: author. dis. &helli; cand. economy Sciences: 08.00.05. – Tula, 2018. – 25 p.
5. Serdyukova L. O. Problems of formation of regional innovation systems as subsystems of the national innovation system // Questions of Economics and Law. – 2011. – No. 3. – P. 123-126.
6. Serebryakova N. A. The mechanism of formation of the regional innovation subsystem / N. A. Serebryakova, N. V. Dorohova, M. I. Isaenko // Bulletin of the Voronezh State University of Engineering Technologies. – 2019. – Volume 81. – No. 4. – P. 268-273.
7. Solovieva T. S. Development of social innovation ecosystems in the context of the formation of regional innovation subsystems // Regional Economics. South of Russia. – 2019. – V. 7. – No. 3. – S. 42-50.
ECONOMY. RIGHT. SOCIETY
MARCHENKOVA Liliya Mikhalovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
SKVORTSOVA Natalya Aleksandrovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
MAKAROVA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
LEGAL REGULATION OF TOURIST ACTIVITIES IN RUSSIA
The development and prosperity of tourism activities is based on a well-developed legal framework, legal culture, and legal norms. In this regard, one of the directions of state regulation of the Russian economy is currently becoming the legal regulation of tourism activities. It includes a system of measures aimed at the formation, development and implementation of a special tourist product. The organization and conduct of tourism activities is carried out on the basis of a special license issued to legal entities or individual entrepreneurs. Intensive development and transformation of tourism activity leads to a number of problems related to the provision of tourist services.
In this regard, there is a need to consider the issue of legal regulation of tourism activities, identify problems and develop ways and means of solving emerging problems.
Keywords: tourism, international relations, tourist service, legal regulation.
Work bibliographic list
1. “On the basics of tourism activities in the Russian Federation” Federal Law of the Russian Federation No. 132-FZ dated October 4, 1996 (as amended and supplemented as of January 10, 2003, August 22, 2004, February 5, 2007, December 30, 2008, June 28, December 27, 2009 July 30, 2010, July 1, 2011, May 3, 2012, November 24, 2016)
2. Larousse. “Big encyclopedic Larousse in 10 volumes” (1960-64, additional volume – in 1968) [Electronic resource]. – Access mode: https://slovar.cc/rus/bse/500433.html.
3. Interparliamentary Conference on Tourism The Hague Declaration on Tourism of April 14, 1989 [Electronic resource]. – Access mode: https://www.lawmix.ru/abro/10787.
4. Golts T.V. Problems of regulating the protection of consumer rights in the field of tourist services in Russia / / FGOUVPO «RGUTIS». – M., 2017. – pp. 53-60
5. Kirillov V.P. Improving the problem of legal regulation of domestic tourism // Proceedings of the XIII International Scientific and Practical Conference “Tourism and Service: Training, Problems and Prospects of Development” October 28, 2011, Moscow. – P. 202.
6. Kleiman A.A. Improving the management of tourism infrastructure development in the region // Baltic Academy of Tourism and Entrepreneurship. – St. Petersburg, 2011. – pp. 44-48
7. Sirik N.V. Legal support of the tourism sector. Tutorial. – M., 2019. – 502 p.
8. Sachenok L.I. Problematic aspects of legal regulation of tourism activities: directions for their solution // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2020. – T. 6 (72). No. 4. – pp. 437-449.
9. Blog about marketing strategies in tourism. Russian tourism market trends 2022. [Electronic resource]. – Access mode: https://ru.russia-promo.com/rmaa-group/blog/travel-market-trends-2022
10. About tourism 2022: market and trends. [Electronic resource]. – Access mode: https://corp.wtcmoscow.ru/services/international-partnership/actual/o-turizme-2022-rynok-i-trendy/
ECONOMY. RIGHT. SOCIETY
PAVLOV Pavel Vladimirovich
Ph.D. in economical sciences, Ph.D. in Law, professor, professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, Taganrog
KARAGODIN Andrey Vladimirovich
competitor of the Southern Federal University
WAYS OF DIGITAL TRANSFORMATION OF THE BANKING SYSTEM IN THE CONTEXT OF GLOBAL CHALLENGES
The presence of a stable and modern banking system at all times is one of the most important conditions for ensuring the stability of the world economy and a factor in the successful economic development of the state and increasing its investment attractiveness. To meet the requirements of the global economy, the banking system must be constantly transformed. Digitalization, which has become a global challenge for the entire world economy, is currently contributing to the complete reformation of almost all structural elements of banks: from business processes and organizational structure to the need to use new software and hardware, which makes the topic of this study particularly relevant. The article discusses the main stages in the formation of the global banking system, new competition factors that have appeared among the participants of the banking system due to digitalization, and also, using the Russian banking system as an example, considers the goals that can be achieved through the collaboration of banks and a fintech company implemented on the basis of Open API.
Keywords: banking system, digital transformation, banking, global economy, Open API.
Work bibliographic list
1. Galper M. A. Transformation of the bank in a global unstable environment: dis. &helli; cand. economy Sciences. – St. Petersburg, 2020. – 171 p.
2. Karagodin A. V. Transformation of banking activity: from bank to banking // Management in economic and social systems. – 2019. – No. 2 (2). – pp. 26-31.
3. King B. Bank 4.0: The New Financial Reality. – M.: OlimpBusiness, 2020. – 476 p.
4. Kulagin V., Sucharevsky A., Jurgen M. Digital@Scale: Handbook on business digitalization. – M.: Intellectual Literature, 2020. – 293 p.
5. Levitskaya E. N., Shashkina E. O. Perspective directions of interaction between the banking business and fintech start-ups // Problems of National Strategy. – 2020. – No. 1 (58). – pp. 146-162.
6. Macmillan J. The End of Banking. Money and credit in the era of the digital revolution. – Moscow: AST Publishing House: CORPUS, 2019. – 256 c.
7. Urazova S. A. Emergence and development of banking systems (historical aspect) // Financial research. – 2004. – No. 9. – P. 3-8.
ECONOMY. RIGHT. SOCIETY
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Accounting and audit sub-faculty of the Ufa State Petroleum Technical University
STOTSKAYA Adelina Olegovna
bachelor of the Ufa State Petroleum Technical University
ANALYTICAL TOOLS FOR MANAGING A PORTFOLIO OF FINANCIAL INVESTMENTS
The article presents an algorithm for the formation of the financial investments portfolio which considers the current conditions of high instability in financial markets. It is based on a combination of the index method and fundamental analysis. As a result, it reduces the investment risk of the enterprise while maintaining the profitability of financial investments at the required level.
Keywords: financial investments, investment portfolio, return on investment, diversification, stock indices, fundamental analysis.
Work bibliographic list
1. Aliyev A. T., Somik K. V. Investment portfolio management: a tutorial. — Moscow: Dashkov i K, 2021. — 40 p.
2. Tolkachenko G. L. Corporate finance: a tutorial. — Tver: TVGU, 2020. — 103 p.
3. Prokhorov VV Otsenka i upravlenie stoimosti tsentricheskikh bucurii predpriyatiya: uchebnoe posobie [Evaluation and management of the value of enterprise securities: a tutorial]. — Krasnoyarsk: SibGU im. ak. M. F. Reshetneva, 2020. — 100 p.
ECONOMY. RIGHT. SOCIETY
SAKOVA Mariya Sergeevna
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture and Construction of the Ufa State Petroleum Technical University
GARIFULLIN Bulat Askhatovich
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture and Construction of the Ufa State Petroleum Technical University
BOLGOVA Valeriya Sergeevna
student of the specialty group “Industrial and civil construction” of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technical University
KUZNETSOVA Elena Viktorovna
Ph.D. in technical sciences, associate professor of “Ufa Higher School of Economics and Management” sub-faculty of the Ufa State Petroleum Technical University
STUDY OF DYNAMICS AND FACTORS OF PRICE GROWTH FOR NEW BUILDINGS OF THE RUSSIAN FEDERATION
Тhe article discusses the problems of rising prices for new buildings in the Russian Federation by federal districts. The analysis of the cost per square meter of living space for the period 2019-2021 is carried out. At the same time, the shortage of materials for the construction and development of housing is revealed. The partial reorientation of construction in low-rise housing construction from wooden and frame housing construction to block construction was evaluated.
Keywords: new buildings, house, metal products, lumber, district of the Russian Federation, square meter, mortgage, prime cost, Far Eastern hectare.
Work bibliographic list
1. Vasiliev N.I. Investing in real estate – “popular” type of profit in the modern economy after the pandemic // Matrix of scientific knowledge. – 2021. – No. 1-1. – pp. 75-77.
2. Gustova N. Price rally: the cost of wooden houses and lumber has reached a peak // RBC. – [Electronic resource]. – Access mode: https://realty.rbc.ru/news/60ccc1c29a7947f7ab3bccc4 (date of access: 04/15/2022).
3. Davletshina A. F., Kuznetsova E. V. Mortgage lending in Russia and abroad as a tool for activating the economic development of the state // Actual problems of the humanities. Proceedings of the International Scientific and Technical Conference. – 2018. – pp. 128-131.
4. Zamalutdinova E. R., Smirnova Yu. O. Analysis of the residential real estate market during the pandemic of 2020 // Education and science in the modern world. Innovation. – 2021. – No. 2 (33). – P.118-125.
5. Kuznetsova E. V., Turumtaev G. R. On ensuring the economic efficiency of procurement in construction // Actual problems of science and technology – 2019. – pp. 278-280.
6. Kuznetsova E. V., Gareeva Z. A., Davletshina A. F. Influence of the demographic situation on the prospects for the development of the residential real estate market // Eurasian Law Journal. – 2018. – No. 11 (126). – pp. 406-408.
7. Kropotukhina N. A., Khirevich S. A. Analysis of factors affecting the cost of residential real estate // Investments, urban planning, real estate as drivers of the socio-economic development of the territory and improving the quality of life of the population. Materials of the XI International Scientific and Practical Conference. In 2 parts. Edited by T. Yu. Ovsyannikova, I. R. Salagor. – Tomsk, 2021. – pp. 134-140.
8. Lunkova V. Key events of the real estate market in 2020 // RBC. – [Electronic resource]. – Access mode: https://realty.rbc.ru/news/5fe102f99a7947b448dc2cb2 (date of access: 04/20/2022).
9. Palchikova O. A., Bolgova V. S., Kuznetsova E. V. Application of BIM-technologies in construction / Topical issues of economics and management in the oil and gas business. materials of the VI All-Russian scientific-practical conference. – 2021. – pp. 95-98.
10. Shlapakova N. A., Glazkova S. Yu., Khrustalev B. B. Organization, planning and management in construction: guidelines for the implementation of independent work // under the general. ed. Dr. tech. sciences, prof. Yu. P. Skachkova. – Penza: PGUAS, 2014. – 64 p.
11. Rosstat. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/ (date of access: 20.04.2022).
ECONOMY. RIGHT. SOCIETY
ZAYNIGABDINOVA Galima Flurovna
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture Civil Engineering of the Ufa State Petroleum Technical University
YURASOVA Viktoriya Dmitrievna
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technical University
BOLGOVA Valeria Sergeevna
student of the specialty group “Industrial and civil construction” of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technical University
KUZNETSOVA Elena Viktorovna
Ph.D. in technical sciences, associate professor of “Ufa Higher School of Economics and Management” sub-faculty of the Ufa State Petroleum Technical University
FEASIBILIY STUDY OF VENTILATION EQUIPMENT FOR LOW-RISE RESIDENTIAL BUILDINGS
Several models of supply and exhaust systems with heat recovery have been compared. During the comparison, a conclusion was made about the best of the proposed equipment by calculating such indicators as cost, service life, operating costs and components for installations, wear.
Keywords: supply and exhaust system, wear, cost, indicators, rational choice.
Work bibliographic list
1. Catalogue: “Compact air handling units with heat recovery RWC”. [Electronic resource]. – Access mode: file:///D:/downloads2/Compact%20air handling units%20%20with%20recovery%20heat%20RWC%20(1).pdf (Accessed 12.03.2022)
2. Catalog: “Compact air handling units of the SOFFIO PRIMO series”. [Electronic resource]. – Access mode: https://royal.ru/catalog/ventilacia/soffio-primo/ (accessed 12.03.2022)
3. Catalog: “Compact air handling units of the STAR series”. [Electronic resource]. – Access mode: https://homecomfort.ru/catalog/ventilyatsionnoe_oborudovanie/pritochno_vytyazhnye_ustanovki/seriya_star/ustanovka_pritochno_vytyazhnaya_electrolux_epvs_350 (accessed 12.03.2022)
4. Kuznetsova E.V., Galiullina A.Ya. Economic efficiency of energy-saving devices // Eurasian legal journal. – 2019. – No. 5 (132). – pp. 366-368.
5. Zentsov V.N., Astashina M.V., Kuznetsova E.V., Khairullin V.A. Decision on energy saving when changing the design solutions of water supply and sanitation facilities // Science Journal Internet Journal. – 2016. – T. 8. – No. 3 (34). – P. 28.
6. Aminov D.V., Kuznetsova E.V. Economic efficiency of energy saving // Bulletin of the Eurasian Science. – 2019. – T. 11. – No. 2. – P. 2.
7. Kuznetsova E.V., Turumtaev G.R., Khristolyubova D.V. The system of automated regulation of the microclimate parameters of a residential building in the city of Ufa // In the collection: actual problems of technical, natural and humanitarian sciences. Proceedings of the International Scientific and Technical Conference. – 2018. – pp. 224-226.
8. Mullagazieva K.M., Kuznetsova E.V. Economic feasibility of choosing an energy-efficient “Smart Home” system // Bulletin of the Eurasian Science. 2019. – T. 11. – No. 5. – P.65.
9. Yakhanov V.A., Kuznetsova E.V. The principle of operation and energy efficiency of air heating // In the collection: problems of the construction complex in Russia. Proceedings of the XXIII International Scientific and Technical Conference dedicated to the 50th anniversary of the Institute of Architecture and Construction of the Federal State Budgetary Educational Institution of Higher Education “UGNTU”. – 2019. – P.306-308.
10. Gorguts A.A., Kuznetsova E.V. Assessment of the technical and economic consequences of the influence of the microclimate of the premises on the efficiency and quality of work of industrial and production personnel // Eurasian legal journal. – 2019. – No. 12 (139). – pp. 394-398.
ECONOMY. RIGHT. SOCIETY
KIZKO Ilya Petrovich
magister student of the National Research University “Higher School of Economics”
DELISTING FACTORS FOR PUBLIC COMPANIES: RUSSIAN SPECIFIC
This paper discusses the most researched factors that affect the likelihood of public companies delisting. It is shown that the main method of analysis of delisting determinants used in the literature has a high heterogeneity of results. A sample of 170 Russian public companies was compiled, on the basis of which an econometric study of delisting determinants was carried out. As a result of testing, the influence of the operating effeciency factor was rejected and the positive influence of the equity efficiency factor on the probability of the event was confirmed. Also the positive impact of the volume of investment is noted out, which is not a characteristic of other markets.
Keywords: delisting, financing policy.
Work bibliographic list
1. Martinez I. and Serve S. (2013) Reasons for delisting and consequences: A literature review and research agenda // Journal of Economic Surveys, Wiley Blackwell. – Vol. 31(3). – R. 733-770.
2. Macey J., M. O’Hara and Pompilio D. (2008) Down and out in the stock market: the law and economics of the delisting process // Journal of Law and Economics. – Vol. 51(4). – R. 683-713.
3. Kashefi Pour E. and Lasfer M. (2013) Why do companies delist voluntarily from the stock market // Journal of Banking and Finance. – No. 37. – R. 4850-4860.
4. Weir C. and Wright M. (2006) Governance and takeovers: are public-to-private transactions different from traditional acquisitions of listed corporations? // Accounting and Business Research. – No. 36(4). – R. 289-307.
5. Bortolon P. and da Silva A. (2017) Delisting Brazilian Public Companies: Empirical Evidence about Corporate Governance Issues // BBR Special Issues. – 2015. – R. 92 – 117.
6. Vulcheva M. I. (2011) International accounting standardization across countries with unequal enforcement – Questionable benefits at a high price? PhD dissertation, Faculty of the James T. Laney School Emory University.
7. Thomsen S. and F. Vinten (2014) Delistings and the costs of governance: a study of European stock exchanges 1996 – 2004 // Journal of Management and Governance. – No. 18. R. 793-833.
8. Kizko I.P. Delisting of companies at different stages of the life cycle cycle (2022). – [Electronic resource]. – Access mode: hse.ru.
ECONOMY. RIGHT. SOCIETY
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Accounting and audit sub-faculty of the Ufa State Petroleum Technical University
KHAMATOV Ainur Razifovich
bachelor of the Ufa State Petroleum Technical University
CONSTRUCTION OF A FINANCIAL AND ECONOMIC MODEL OF THE EFFICIENCY OF A HYDROTREATING PLANT
The article presents the results of modeling the marginal profit and other financial and economic indicators of a diesel fuel hydrotreatment unit in two versions: for an autonomous refinery, and for a refinery that is part of a VIOC. To do this, the costs of the technological stage were calculated taking into account all factors, and a mechanism for estimating the profitable part of the installation was also proposed. The developed efficiency model makes it possible to quickly assess the consequences of the influence of changes in internal and external factors on the financial result of a diesel fuel hydrotreatment unit.
Keywords: efficiency, operating activity, profit margin, sensitivity analysis.
Work bibliographic list
1. Faramazov S. A. Equipment for oil refineries and its operation. – M.: “Chemistry”, 1978. – 320 p.
2. The dollar to the ruble. [Electronic resource]. – Access mode: https://cbr.ru/currency_base/daily/
3. The price of diesel fuel on the St. Petersburg Stock Exchange. [Electronic resource]. – Access mode: https://spimex.com/
4. World price for diesel fuel. [Electronic resource]. – Access mode: https://www.finanz.ru/birzhevyye-tovary/diesel-benzinpreis.
ECONOMY. RIGHT. SOCIETY
JI Hao
postgraduate student of the St. Petersburg State University of Aerospace Instrumentation
ON SOME RELEVANT PROBLEMS OF THE MODERN THEORY OF CURRENCY COMPETITION
The article provides an analytical review of the current state of the international monetary system, which is going through different stages of its development and is changing along with the global economy. The author’s focus is on the theoretical problems and shortcomings of modern currency theory, of which the five most relevant for the state of the modern world economy are distinguished, and their meticulous analysis is carried out. In particular, a currency pyramid with seven levels is discussed in detail, depicting the hierarchical structure of the foreign exchange market. The author concludes that the state of the national currency within the country, as well as its position in the international monetary system, is influenced by many often contradictory factors, including the needs of the theory of pricing and settlement, the scale of the country’s foreign trade, the movement of regionalization of money towards globalization, etc., which in total forms modern conditions for the development of currency competition.
Keywords: currency competition, globalization, the international monetary system, modern monetary theory.
Work bibliographic list
1. Balyuk I. A., Balyuk M. A. Internationalization of currencies of developing countries: problems and prospects // Economics. Taxes. Right. – 2021. – No. 14 (5).
– P. 101-111.
2. Golovnin M. Yu. Transformation of supply and demand mechanisms for the leading world currencies in modern conditions // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2019. – No. 6. – P. 77-91.
3. Krylova L. V. Transformations of the global monetary and financial system in the direction of polycentrism and regionalization // Economics. Taxes. Law.
– 2021. – No. 14 (5). – P. 39-50.
4. Chuvakhina L. G. Currency competition in the context of the global crisis // Bulletin of the Tula State University. Economic and legal sciences. – 2012. – Issue. 2-1. – P. 3-12.
5. Shalamov G. A., Chang D. K. Chinese yuan – world reserve currency: myth or reality // Bulletin of ISTU. Socio-economic and social sciences. – 2015. – No. 4 (99). – S. 354-358.
PHILOSOPHY. RIGHT. SOCIETY
BURKIN Dmitriy Olegovych
Ph.D. in Law, associate professor of Environmental, land and labor law sub-faculty of the North Caucasus Federal University
DIVERSIFICATION OF THE PROBLEM OF NORMATIVE LEGITIMATION OF POWER IN THE CONTEXT OF INFORMATIZATION AND DIGITALIZATION
The article discusses the role of religion, law and morality in the process of legitimation of political power. In modern society, both the configuration of power itself and the configuration of the system of normative legitimation have changed. Power uses not only force, but also, largely, moral and legal authority. In the Modern era, a situation was created of strengthening legal norms in the activities of social institutions and individual subjects, but the modern growth of fundamentalist sentiments, extremism and terrorism around the world has called into question the possibility of developing civil society and the unconditional dominance of legal norms. In modern society in various countries of the world, including Western countries, religious norms have again come to the forefront of modern social relations. Legal, moral, religious norms are subject to more and more diversification under the influence of internal and external factors associated with social changes taking place in the modern post-industrial digital society. It is argued that in modern society the most significant is the legal legitimation of power, although the moral and religious legitimization of power also has not disappeared from the forefront of socio-historical development even in the context of digitalization and the formation of the sixth technological order.
Keywords: social philosophy, law, religion, morality, legitimation of power, Modern societies, post-industrial society.
Work bibliographic list
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: socio-philosophical aspect // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
3. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 214-217.
4. Burkin D. O. Axiological measurement of the phenomenon of legitimation of power // Humanitarian and socio-economic sciences. – 2019. – No. 5. – P. 26-30.
5. Burkin D. O. Philosophical analysis of the formation of normative mechanisms for the legitimation of political power: social reconstructions of interaction // Eurasian Law Journal. – 2021. – No. 5. – P. 493-495.
6. Burkin D. O. Theoretical and practical significance of the problem of legitimation of power in society // Eurasian Law Journal. – 2020. – No. 4. – P. 467-469.
7. Zizek S. About violence. – M.: Publishing house “Europe”, 2010. – 184 p.
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 philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
CASE «TAIRA» AS A COGNITIVE AND COMMUNICATIVE PROBLEM
No war can one come fully prepared. Combat operations reveal weaknesses not only in the army, but also in civil society, in media communication. At the end of June 2022, one of the first cognitive collisions of the Russian public consciousness was the case of Ukrainian volunteer Yu. G. Paevskaya (call sign “Taira”), which, then, with some variations, was reproduced in the case «Exchange of Azov» and the case «Snake (Zmiinyi) Island». In general, they can be combined into the problem of communication of the coherence of the denazification and demilitarization strategy to operational tasks.
Keywords: Taira, Yulia Paevskaya, manipulation, cognitive dissonance, guards, media policy, SVO, special military operation, Eurasian sustainability.
Work bibliographic list
1. Bakulin A. V., Bakulin D. V. “The social composition of the national battalion” Azov ” (banned in the Russian Federation) as a reflection of the work of social elevators for Ukrainian youth” // Materials of the International Youth Scientific Forum “LOMONOSOV-2021” / Rev. ed. I. A. Aleshkovsky, A. V. Andriyanov, E. A. Antipov, E. I. Zimakova. – M.: MAKS Press, 2021.
2. Ryzhov PS Differentiation between the concepts of fascism and Nazism in the Patriotic legal system // Gaps in Russian legislation. Legal Journal. – 2018. – No. 3. – S. 383-388.
3. Khutin A.F., Bryantseva M.V. Nazism, Fascism, Nationalism: An Analytical Approach to Conceptual Historical Categories in the Study of the Humanities at the University // Problems of Modern Education. – 2020. – No. 2. – P. 66-76.
4. Yurlov A. A. Fascism, Nazism and Nationalism: Problems of Interpretation of Concepts in Modern Society // Proceedings of the Conference. – Ekaterinburg: RSGPU, 2016. – P. 131-137.
PHILOSOPHY. RIGHT. SOCIETY
ZOLOTAREV Sergey Petrovich
Ph.D. in philosophical sciences, associate professor, professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
SHMATKO Olga Nikolaevna
Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
LEGAL VALUE: ITS PLACE AND ROLE IN MODERN SOCIETY
The problem of the implementation of the category “legal value” is considered on the basis of a methodological approach taking into account its objectivity and subjectivity. Several theoretical points of view on this problem are presented by both Western European and Russian philosophers. The analysis is based on the theory of postclassicism as the integrity of the social reality of human existence and society. The author’s understanding of the value structure based on personal, group and social views on the system of norms and rules of human behavior established by the state is presented. It is concluded that modern conditions have a negative effect on the existing levels of legal reality – the adoption of laws, the exercise of human and civil rights and freedoms, the fulfillment by a person of his constitutional duties.
Keywords: value, law, traditions, laws, personality, principles, mentality, society, spirituality, system.
Work bibliographic list
1. Babenko A. N. Legal values and development of their personality: Abstract of the thesis. dis. for the competition scientist step. Doctor of Law: Spec. 12.00.01 / Acad. ex. Ministry of Internal Affairs of Russia. – M., 2002. – 46 p.
2. Vengerov A. B. Theory of State and Law: A Textbook for Law Schools. – M.: Omega-L, 2004. – 608 p.
3. Vershok I. L. Values in law: emotional and psychological aspect // Actual problems of the philosophy of law: legal axiology: mater. Intern. “round table” (m. Odesa, 9th chest, 2011). – Odessa: Phoenix, 2012. – pp. 45-48.
4. Gavrilova Yu. A. Legal values and the meaning of law // Russian Journal of Legal Research. – 2015. – No. 3 (4). – P. 36.
5. Glukhareva L. I. Anthropological insufficiency in the legitimation of individual law // Communicative theory of law and modern problems of jurisprudence: On the 60th anniversary of Andrei Vasilyevich Polyakov. Collective monograph: in 2 vols. Vol. 2: Actual problems of philosophy of law and legal science in connection with the communicative theory of law / ed. M. V. Antonova, I. L. Chestnova; foreword D. I. Lukovskaya, E. V. Timoshina. – St. Petersburg: LLC Publishing House «Alef-Press», 2014. – pp. 262-280.
6. Gorobets KV Axiosphere of Law: Philosophical and Legal Discourse. – Odessa: Phoenix, 2013. – 218 p.
7. Zamahina T. Trust the Levada Center. More and more Russians support the church. // Russian newspaper. Federal issue No. 6906. – 02/24/2016.
8. Kistyakovsky B. A. In defense of the law // Bulletin of the Moscow University. – Ser. 7. Philosophy. – 1990. – No. 3. – P. 53.
9. Migidina M. V. To the question of the properties of legal values // Porivnyalno-analytical law. – 2014. – No. 3. – pp. 29-31.
10. Mishutina E. I. Current legislation and understanding of values in the history of philosophy: connection through the centuries // History of State and Law. – 2010. – No. 20. – pp. 37-40.
11. Oborotov Yu. N. Levels of comprehension of legal values // Actual problems of the philosophy of law: legal axiology: mater. Intern. “round table” (m. Odesa, 9th chest, 2011). – Odessa: Phoenix, 2012. – pp. 39-43.
12. Published in sections: News, Speeches and transcripts. Publication date: July 8, 2021, 17:50. – [Electronic resource]. – Access mode: kremlin.ru/d/66163. Text version.
13. Polyakov A. V. St. Petersburg School of Philosophy of Law and the Tasks of Modern Jurisprudence // Jurisprudence. – 2002. – No. 2. – P. 10.
14. Skorobogatov A. V., Krasnov A. V. The role of legal awareness in the development of legal reality // Baltic Humanitarian Journal. – 2015. – No. 2 (11). – pp. 18-21.
15. Skorobogatov A. V., Krasnov A. V. Russian legal archetype: essence and content // Russian Journal of Legal Research. – 2015. – No. 4. – pp. 28-33.
16. Tishchenko Yu. V. The role of myth in the formation of the axiosphere of law // Actual problems of the philosophy of law: legal axiology: mater. Intern. “round table” (m. Odesa, 9th chest, 2011). – Odessa: Phoenix, 2012. – pp. 85-90.
17. Skorobogatov A. V., Krasnov A. V., Bulnina I. S., Tyabina D. V. Legal Reality as a Jural Category // Mediterranean Journal of Social Sciences. Rome-Italy: MCSER Publishing, 2015. – Vol. 6. No. 3. – P. 664-668.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Aleksandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
ZUBKOV Egor Sergeevich
student of the bachelor’s degree in music education of the Institute of Arts and Art Education of the A. G. and N. G. Stoletov Vladimir State University
ECOPHILIC PHILOSOPHY AND SACREDNESS OF MUSIC
The article reveals the ecophilic philosophy in connection with the nature of music. The problem of sacredness of music is postulated, first of all, in theological and mystical teachings. From the standpoint of ecophilic philosophy, it is important to evaluate and comprehend the influence of music on human consciousness in connection with natural unity, a pantheistic view, and understanding of harmony with nature.
Keywords: ecophilic philosophy, music, sacredness.
Work bibliographic list
1. Apanasenko G.L., Savelyeva-Kulik N.A. Music therapy: history, modernity and development prospects. National Medical Academy of Postgraduate Education named after P. L. Shupik 2012. No. 4 (90). VII/VIII. Kyiv: Scientific discussions. pp. 170-173.
2. Acintya Krishna das, Bala Kesava das. Gaudiya Vaishnava Music: Theory and Practice. M.: Publishing House 108, 2011. 294 p.
3. Boreyko V.E. Philosophers of animal protection and environmental protection. K.: Logos, 2012. 180 p.
4. Evsyukova Yu.A. Ecology of music as an actual problem of modern musicology. South Russian musical almanac. 2012. No. 1. P. 26-31.
5. Christiansen R. Ecotheology. Arkhangelsk: Pomor State Publishing House. University named after M.V. Lomonosov, 2002. 297 p.
6. Lebedev N. S. Tao and modernity // Proceedings of the Ural Federal University. Ser. 1, Problems of education, science and culture. 2017. V. 23. No. 3 (165). pp. 197-203.
7. Mitina, N. A. On the problem of the ecology of music // Young scientist. 2014. No. 16 (75). pp. 362-364.
8. Ruzova T. Dear music to heaven. M.: Philosophical Book, 2013. 144 p.
9. Timoshchuk A.S., Zubkov S.A., Cognitive types of culture // Materials of the VII educational and methodological meetings of the VJI faculty. Vladimir: VYuI of the Ministry of Justice of the Russian Federation, 2000. S. 48-50.
10. Tymoshchuk A.S., Zubkov S.A. Religion and anthropogenic impact on natural ecosystems // Actual problems of biology and ecology. Grozny: ChGU, 2019. P. 124-129.
PHILOSOPHY. RIGHT. SOCIETY
KOZLOV Vladimir Igorevich
Ph.D. in philosophical sciences, associate professor of Management and marketing sub-faculty of the Volgograd branch of the G. V. Plekhanov Russian University of Economics
POSSIBLE CHALLENGES AND THREATS TO THE IMPLEMENTATION OF THE CONCEPT OF THE DIGITAL FUTURE OF “SOCIETY 5.0”
The purpose of the article is to study the concepts of “Industry 4.0” and “Society 5.0” in terms of their possible advantages and threats to humanity. The paper shows that the concepts of the future digital society “Industry 4.0” and “Society 5.0” are the product of two opposite in their value and worldview directions, the dominant socio-cultural paradigms in the modern world – Western and Eastern, respectively. It was found out that the concept of “Society 5.0” is quite consistent with the mentality, the system of values of the bearers of the culture of the East. It is noted that the greatest threats to humanity are the implementation of the concept of “Society 5.0”, which defines the cultivation of consumer hedonism as its main tools.
Keywords: “Industry 4.0”, “Society 5.0”, sociocultural paradigm, digitalization, smart society, transhumanism.
Work bibliographic list
1. Standing G. Precariat: a new dangerous class / Per. from English. N. Usovoi. – M.: Ad Marginem Press, 2014. – 326 p.
2. Carroll A., Shabana K. The business case for corporate social responsibility: a review of concepts, research and practice // International Journal of Management Reviews. – 2010. – Vol. 12(1). – pp. 85-105.
3. Deguchi A., Hirai C., Matsuoka H., Nakano T., Oshima K., Tai M., Tani S. What Is Society 5.0? // Society 5.0, A People-centric Super-smart Society. – 2020. – Rp. 1-23. DOI: 10.1007/978-981-15-2989-4_1.
4. Gelfand M. J., Aycan Z., Erez M., Leung K. Cross-cultural industrial organizational psychology and organizational behavior: a hundred-year journey // Journal of Applied Psychology. – 2017. – Vol. 102(3). – Rp. 514-529.
5. Lee J., Bagheri B., Kao H.A. A cyber-physical systems architecture for industry 4.0-based manufacturing systems // Manufacturing Letters. – 2015. – Vol. 3. – Rp. 18-23.
6. Palazzeschi L., Bucci O., Di Fabio A. Re-thinking innovation in organizations in the industry 4.0 scenario: new challenges in a primary prevention perspective // Frontiers in Psychology. – 2018. – Vol. 9. – Rp. 1-30.
7. Potocan V., Mulej M., Nedelko Z. Society 5.0: balancing of Industry 4.0, economic advancement and social problems // Kybernetes. – 2021. – Vol. 50(3). – Rp. 794-811.
8. Shiroishi Y., Uchiyama K., Suzuki N. Better actions for society 5.0: using AI for evidencebased policy making that keeps humans in the loop // Computer. – 2019. – Vol. 52(11). – Rp. 73-78.
9. Shiroishi Y., Uchiyama K., Suzuki N. Society 5.0: for human security and well-being // Computer. – 2018. – Vol. 51(7). – Rp. 91-95.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth affairs sub-faculty of the Bashkir State University
KHASANOVA Amina Gizetdinovna
Ph.D. in historical sciences, associate professor of International relations, history and oriental
TO THE PROBLEM OF NATIONAL IDENTITY IN THE ASPECT OF GLOBALIZATION AND LOCALIZATION OF THE MODERN WORLD ORDER
The authors analyze certain aspects of the national factor, considered as the aspiration of peoples to preserve national identity and self-identity in the current conditions of globalization and localization.
Keywords: globalization, localization, ethnos, nation, identity, world confessions. national identity.
Work bibliographic list
1. Nations and nationalism / B. Anderson, O. Bauer. M. Hrokh et al.; translation from English and German. – M.: Praxis, 2002. – pp. 341-342.
2. Abrarova ZF In the collection: Culture as an inspirer of sustainable development. materials of a scientific conference with international participation dedicated to the Year of Culture in Russia, the 60th anniversary of cooperation between the Russian Federation and UNESCO, the 15th anniversary of cooperation between the Republic of Bashkortostan and UNESCO. Managing editor Z. Ya. Rakhmatullina. – 2014. – P. 53-55.
3. 28.XII. 1919. “True” No. 3 and “News of the All-Russian Central Executive Committee” No. 3, January 4, 1920
4. Nations and nationalism / B. Anderson, O. Bauer. M. Hrokh et al.; translation from English and German. – M.: Praxis, 2002. – P. 384.
PHILOSOPHY. RIGHT. SOCIETY
SHEINA Anastasiya Yurjevna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and marketing sub-faculty of the Ufa branch of the Financial University under the Government of the Russian Federation
RASSOLOVA Irina Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy, history and law sub-faculty of the Ufa branch of the Financial University under the Government of the Russian Federation
SHUMILOV Nikita Sergeevich
Development Manager of Kamchatka-Glamping LLC
INTERPRETATION OF THEORY U IN MODERN REALITIES
This article discusses the problems of decision-making by leaders in the VUCA world. A comparative characteristic of SPOD and VUCA worlds is carried out. The factors influencing the decision-making by an individual are highlighted. Special attention is paid to the Theory of U, which allows us to expand the issues of feeling presence and absence in leadership, represented in two-cycle social fields. Conclusions are drawn about the need for a combination at different points of time by a leader in the decision-making process of three systems of thinking presented in Theory U.
Keywords: leadership, open heart, open mind, open will, theory U.
Work bibliographic list
1. Brusentsova L. S., Sheina A. Yu., Vasilevskaya V. S. Formation of a personnel reserve in the conditions of the VUCA world // Innovative development of the economy. – 2021. – No. 1 (61). – pp. 87-91. – DOI 10.51832/2223-7984_2021_1_87. – EDN LIXXHH.
2. Gurova E. Yu. General theoretical foundations for studying the concept “Leadership” // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and social sciences. – 2014. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obscheteoreticheskie-osnovy-izucheniya-kontsepta-liderstvo (date of access: 06/19/2022).
3. Fundamentals of Theory U. Main principles and application in practice / Otto Scharmer; per. from English. T. Earthman; [scient. ed. E. Pustoshkin]. – Moscow: Mann, Ivanov i Ferber, 2019. – 235 p.
4. Stogdill R. Handbook of Leadership. A Survey of Theory and Research. – N.Y., 1974.
PHILOSOPHY. RIGHT. SOCIETY
ATIK Anisa Akhmedovna
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Humanitarian and Pedagogical Academy (branch) of the V. I. Vernadskiy Crimean Federal University in Yalta
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
“COLOR REVOLUTIONS” AS A MECHANISM OF EXTREME TRANSFORMATION OF THE POLITICAL SYSTEM OF THE STATE
This article examines the phenomenon of “color revolutions” as a special kind of political action, which is understood in modern political circles and the media as a kind of non-violent political struggle. In our work, we will consider the prerequisites for this phenomenon, its essence, as well as the main technologies and consequences of the restructuring of the political system in the CIS and the Middle East. Because of color revolutions in these regions, there is an aggravation of political, social and economic problems. Our study notes that such coups d’état are organized with the participation, and not the disinterested support of the countries of the West and the United States.
Keywords: revolution, color revolutions, globalization, democracy, “controlled chaos”.
Work bibliographic list
1. Bachonov M. A. “Color revolutions”: an actual perspective // Central Russian Bulletin of Social Sciences. – 2011. – No. 2. – P. 138-144.
2. Brzezinski Zb. Choice. World domination or global leadership / Per. from English. E. A. Narochnitskaya (part I), Yu. N. Kobyakova (part II). – M.: Intern. Relations, 2007. – 288 p.
3. Verdikhanova Z. V. “Color revolutions”: theories and technologies // Regionology. 2016. No. 1 (94). pp. 33-40.
4. Kara-Murza S. G., Telegin S. A., Murashkin S. A. Export of the Revolution: Saakashvali, Yushchenko … – M.: Algorithm, 2005. – 528 p.
5. Efremova T. F. New Dictionary of the Russian Language. Explanatory educational. – M.: Rus. yaz., 2000. – In 2 volumes – 1209 p.
6. Sharp Zhd. From Dictatorship to Democracy: Strategy and Tactics of Liberation / Per. from English. N. Kozlovskaya. – M.: New publishing house, 2005. – 84 p.
7. Spengler O. Years of decisions / Per. with him. V. V. Afanasiev; General edition of A. V. Mikhailovsky. – M.: SKIMEN, 2006. – 240 p.
PHILOSOPHY. RIGHT. SOCIETY
BELYAKOV Nikolay Stanislavovich
assistant of Political science and public relations sub-faculty of the Bashkir State University
THE CRISIS OF MODERN SCIENTIFIC COGNITION: QUASI-SCIENCE AND BELIEF IN IT
The article considers the problem of the crisis of modern science caused by the growth of belief in quasi-science. The high role of the irrational and belief in the process of cognition is demonstrated. The commitment of a social subject to science as the leading form of cognition of reality at the present stage of development of society is indicated. At the same time, the absence of an explicit boundary between science and quasi-science in the consciousness of a social subject is justified. The reasons for the attractiveness of quasi-science are revealed, as well as the connection between the growing popularity of quasi-science and the lack of trust in leading social institutions, primarily the state.
Keywords: scientific cognition, science, quasi-science, belief, trust, irrational, society, social institutions.
Work bibliographic list
1. Semenets E. A. New syncretism in the culture of postmodernism. New Middle Ages? // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2013. – No. 4. – pp. 298-303.
2. Kant I. Criticism of pure reason / Per. with him. N. Lossky verified and edited by Ts. G. Arzakanyan and M. I. Itkin; Note. Ts. G. Arzakanyan. – M.: Thought, 1994. – 591 p.
3. Emelyanova E.K., Goroshko N.V., Patsala S.V. Covid nihilism in the fight against the COVID-19 pandemic // Social aspects of public health. – 2022. – T. 68. – No. 1.
4. Arutyunov V.S. Science – the most important institution of the modern state // Naukovedcheskie issledovaniya. – 2009. – pp. 21-39.
5. Deryabina E. D., Fesenkova L. V. The phenomenon of quasi-science and the scientific picture of the world // Bulletin of the Kemerovo State University of Culture and Arts. – 2012. – No. 19. – pp. 23-31.
6. Tsarev A. V., Krupenkov V. V., Minenko T. K. The problem of trust in power in Russia // Statistics and Economics. – 2014. – No. 4. – pp. 118-121.
7. Seitz R. J., Raymond F. Paloutzian R. F., Angel H. F. Processes of believing: Where do they come from? What are they good for? // F1000Res. – 2016. – No. 5.
PHILOSOPHY. RIGHT. SOCIETY
BAKHTIEVA Lyaisan Ildarovna
postgraduate student of the Ufa State Petroleum Technological University
ON THE PROBLEM OF TRANSFORMING THE VALUE SYSTEM OF A SUBJECT OF SOCIAL RELATIONS IN A RISK SOCIETY
The article deals with the problems of transformation of the value system of the subject of social relations in the risk society. It is analyzed how a high level of uncertainty becomes an integral part of the life of modern society, which affects the transformation of the traditional value system of society, displacing the spiritual, moral and social standards of public relations and introducing egocentric, hedonistic ideas and permissiveness.
Keywords: value, value system transformation, risk society, subject of social relations.
Work bibliographic list
1. Vildanov Kh.S. to the problem of substantiating axiological security // Science today: theory and practice. Collection of scientific works of the international correspondence scientific-practical conference. Ufa State University of Economics and Service. – 2015. – P. 154-157.
2. Vildanov H. S., Derkach V. V. Methodological features of social forecasting // Vestnik UGNTU. Science, education, economics. Series: Economy. 2017. – No. 1 (19). – P. 132-137.
3. Big Economic Dictionary / Edited by A. N. Azrilyan. – 5th ed. additional and revised – M.: Institute of New Economics, 2002. – 469 p.
4. Beck W. Risk society. On the way to another modernity. – M.: Progress-Tradition, 2000. – 383 p.
5. Chuprov V. I., Zubok Yu. A., Williams K. Youth in a risk society. – M.: Yur.Norma, NIC INFRA-M, 2015. – P. 136.
6. Media consumption and activity on the Internet. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/mediapotreblenie-i-aktivnost-v-internete/ (date of access: 25.04.2022).
7. Malikova I. V. Youth and the transformation of the value orientations of modern society. [Electronic resource]. – Access mode: https://nsportal.ru/shkola/materialy-metodicheskikh-obedinenii/library/2018/03/03/statya-1 (Accessed 25.04.2022).
8. Marriages and divorces. Demography. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/12781/# (date of access: 04/25/2022).
9. Geger A. E, Geger S. A. The study of value orientations: the specifics of different approaches // Vestn. Volume. state university – 2015. – No. 399. – P. 13-17.
PHILOSOPHY. RIGHT. SOCIETY
YAGUDIN Fanur Taipovich
postgraduate student of the Ufa State Petroleum Technical University
DAVLETSHINA Nailya Ilnurovich
student of the Ufa State Petroleum Technical University
TO THE PROBLEM OF CORRELATION OF COGNITIVE DISTORTIONS AND BEHAVIORAL SCENARIOS OF THE SUBJECT
The article is devoted to the study of the problem of cognitive distortions, the epistemological mechanisms and prerequisites for their occurrence are considered. On the basis of experimental data, the authors analyze the impact of cognitive distortions on the mental activity of the subject, which forms his system of values and value orientations and determines his behavioral scenarios.
Keywords: cognitive distortions, mental activity of the subject, behavioral scenarios, value orientations.
Work bibliographic list
1. Bobrova L.A. Cognitive distortions // Domestic and foreign literature. Series: Philosophy. – 2021. – pp. 69-78.
2. Vil’danov U.S., Vil’danov Kh.S., Vil’danova G.B. Axiological knowledge: rational and transintelligible aspects // Bulletin of the Orenburg State University. – 2006. – No. 4 (54). – pp. 38-42.
3. Vildanov Kh.S., Kubagusheva G.R., Yurochkin D.M. The role of mass media in the formation of values and value orientations. Kazanskaya Nauka. – 2013. – No. 11. – pp. 183-185.
4. Kahneman D., Slovik P., Tversky A. Decision making in uncertainty: Rules and prejudices // Kharkiv: Publishing house Institute of Applied Psychology «Humanitarian Center», 2005. – P. 632.
5. Kashapova E.R., Ryzhkova M.V. Cognitive distortions and their impact on individual behavior // Bulletin of the Tomsk State University. Economy. – 2015. – No. 2. – With. 15-29.
6. Benson B. Cognitive bias cheat sheet [Electronic resource] – access mode: https://www.google.com/url?sa=t&source=web&rct=j&url=https://betterhumans.pub/cognitive-bias-cheat-sheet-55a472476b18.
7. Gigerenzer, G. Bounded and Rational // Contemporary Debates in Cognitive Science / Stainton, R.J. – Blackwell, 2006. – P. 129.
8. Gilovich, T., Savitsky, K., & Medvec, V.H. The illusion of transparency: Biased assessments of others’ ability to read our emotional states // Journal of Personality and Social Psychology. – 1998. – No. 2. – pp. 332-346.
9. Langer E.J. The Illusion of Control // Journal of Personality and Social Psychology. – 1975. – No. 2. – pp. 311-328.
10. Thorndike, E.L. A constant error in psychological ratings // Journal of Applied Psychology, 1920. – No. 1. – pp. 25-29.
REVIEW
KONEV Vitaly Valerievich
Ph.D. in technical sciences, associate professor of the Tyumen Industrial University
MURZAKULOV Serik Valerjevich
postgraduate student of the Tyumen Industrial University, acting Head of the Laboratory for the Development of Human Capital and Career Guidance of the I. Altynsarin National Academy of Education
LIFELONG EDUCATION FOR THE SUSTAINABLE DEVELOPMENT OF THE MODERN WORLD
In May 2022, the VIII International Scientific and Practical Conference «Continuing Education for Sustainable Development: New Challenges» was held in Nur-Sultan. During the conference, teachers, representatives of teacher training organizations and pedagogical skills, heads of secondary education organizations, employees of technical and vocational, post-secondary education organizations, experts in the field of inclusive education, sociologists, psychologists presented the results of their research in the field of pre-university, university and postgraduate education. The participants of the plenary and panel sessions touched upon various aspects of lifelong education and shared their experience, for example, in the field of training special teachers to work with students with special educational needs, early career guidance for schoolchildren, and others.
Keywords: lifelong education, teacher training, inclusive education, education models, continuity of education, career guidance
VASKINA Alina Aleksandrovna
student of the 3rd course of the School of Law of the Far Eastern Federal University
MONAKHOV Herman Dmitrievich
student of the 3rd course of the School of Law of the Far Eastern Federal University
TITENKO Yuliya Evgenjevna
student of the 3rd course of the School of Law of the Far Eastern Federal University
RULES BASED INTERNATIONAL ORDER AND CHINESE CONCEPTION OF FOREIGN AFFAIRS AS AN EFFECT OF INTERNATIONAL LAW TRANSFORMATION
In this article, the authors consider the theoretical provisions of the Rules-based international order concept. Further, the authors analyze the positions and actions of official representatives of the authorities of the People’s Republic of China through the prism of the concept under consideration. Thus, the authors, using the example of China’s opposition to some provisions of the 1982 UN Convention on the Law of the Sea, both in the political arena and in the field of its national legislation, concluded that, despite the official position of the Chinese authorities on denying the viability of the Concept and its contradiction to international norms, in fact China actually follows this Concept in his naval doctrine. Also, the authors analyzed for compliance with the provisions of the 1982 UN Convention some legislative acts of the People’s Republic of China, in particular the Law of the People’s Republic of China «On the Exclusive Economic Zone and the Continental Shelf», which contains concepts not enshrined in the Convention. At the end of the work, the authors conclude that the existence of the RBO Concept is conditioned by the objective essence of international relations, and China as a whole fits into the framework of this concept and the framework of the existing international order.
Keywords: rules based international order, international legal system, international maritime law, international territorial disputes, 1982 UN Convention, exclusive economic zone, maritime policy of the People’s Republic of China, soft law.
Work bibliographic list
1. Law of the People’s Republic of China “On Maritime Police” dated January 22, 2021. – [Electronic resource]. – Access mode: http://www.npc.gov.cn/npc/c30834/202101/ec50f62e31a6434bb6682d435a906045.shtml (Accessed: 2.05.2022).
2. Subochev V.V. «The concept of «responsibility to protect» as a form of existence of positive legal responsibility in international law // Legal Thought. – 2016. – No. 3. – pp. 139-143.
3. China will not follow the Hague fairway. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3036968 (date of access: 04/30/2022).
4. The US should change its misconception about China. – [Electronic resource]. – Access mode: http://russian.news.cn/2021-07/26/c_1310087307.htm (accessed 04/30/2022).
5. Vylegzhanin A. N., Nefedov B. I., Voronin E. R., Magomedova O. S., Zotova P. K. The concept “Rules-based order” in international legal discourses // Issues of theory of international law. – 2021.
6. Beeson M., Li F. China’s place in regional and global governance: a new world comes into view // Global Policy. – 2016. – No. 7 (4). – P. 491-499.
7. Brzezinski Z. The Grand Chessboard: American Primacy and Its Geostrategic Imperatives. – New York, 1997. – 256 p.
8. Ikenberry G. J. Institutions, strategic restraint, and the persistence of the American postwar order // International Security. – No. 23 (3). – P. 43-78.
9. Stephen M. Walt China Wants a Rules-Based International Order Too // Foreign policy. 2021. – [Electronic resource]. – Access mode: https://foreignpolicy.com/2021/03/31/china-wants-a-rules-based-international-order-too/.
10. Xiao X., Li S. Haishang weiquan douzheng yulunzhan duice sikao (Thoughts on public opinion warfare responses in the maritime rights struggle) // Guofang Keji (National Defense Science and Technology). – No. 34 (5). – P. 99-103.
11. Xu Z. Zhongguo Haijian – haiyang de “tejingdui (China Marine Surveillance – a special police unit for the oceans) // Zhongguo Haiyang Bao (China Ocean News). – 2000. – No. 914. – [Electronic resource]. – Access mode: web.archive.org/-web/20010309143435/ http://www.soa.gov.cn/zfjc/914.htm.
12. Zhongguo Haiyang Nianjian 1999-2000 (China Ocean Yearbook). – Beijing, 2000. – P. 10-11.
13. Zhongguo Haiyang 21 Shiji Yicheng (China’s Maritime Agenda for the 21st Century). Beijing, 1996. – [Electronic resource]. – Access mode: www.npc.gov.cn/zgrdw/huiyi/lfzt/hdbhf/2009-10/31/content_1525058.htm.
INTERNATIONAL LAW
ZINCHENKO Olga Igorevna
competitor of International law sub-faculty of the MGIMO (U) of the MFA of Russia
DISPUTES CONCERNING ARMED CONFLICTS: JURISDICTIONAL APPROACHES OF THE INTERNATIONAL COURT OF JUSTICE
One third of the 15 cases currently pending at the International Court of Justice relate to armed conflicts. These applications – due to lack of other procedural grounds for seizing the Court – present the violations “through the prism” of treaties containing jurisdictional clauses, which artificially limits the subject of the dispute. The study primarily deals with the following question: to what extent the jurisdictional bases invoked by the Applicant influence the Court’s approaches in considering cases concerning armed conflicts and the application of IHL rules.
The Court was able to consider the widest range of aspects concerning the application and interpretation of the rules of international humanitarian law in cases referred to it by means of a special agreement or unilateral declarations under Para. 2 Art. 36 of the Statute. However, the inaccessibility of these procedural grounds in most situations prompts the Applicants to present their claims within the framework of a certain treaty applicable between the disputing Parties. This artificially limits the subject-matter of the dispute, posing also the question of applicable law. The practice of the Court demonstrates its balanced approach to such situations.
Referring disputes of a political nature to the Court by way of jurisdictional clauses of treaties that are not entirely relevant to the situation in question poses a difficult challenge for the ICJ. Its balanced approach – due to the fundamental principle of State consent – is necessary both in relation to issues of jurisdiction and in determining the limits of application of customary international law rules. The author warns of a number of negative political and legal consequences of excessive judicial activism in relation to such situations, including the risk of expansive interpretation and abuse of the provisions of the relevant conventions, as well as a decrease in State confidence in the dispute resolution system of the ICJ.
Keywords: International Court of Justice, jurisdiction, international humanitarian law, armed conflicts, Article 36 of the ICJ Statute, special agreement, declaration recognizing the jurisdiction, jurisdictional clause.
Work bibliographic list
1. Vylegzhanin A.N., Zinchenko O.I. 2018. Yurisdikciya Mezhdunarodnogo Suda OON: Nekotorye Teoreticheskie Voprosy [The Jurisdiction of the International Court of Justice: Some Theoretical Issues]. Moskovskij zhurnal mezhdunarodnogo prava [Moscow Journal of International Law]. No. 4. P. 6-32. (In Russ.).
2. Vylegzhanin A.N., Kalamkaryan R.A. 2012. Znachenie mezhdunarodnogo obychaya v sovremennom mezhdunarodnom prave [The Role of International Custom in the Contemporary International Law]. Moskovskij zhurnal mezhdunarodnogo prava [Moscow Journal of International Law]. No. 2. P. 5-29. (In Russ.).
3. Ivanov D.V., Tarasyants E.V. 2009. Mezhdunarodnoe pravo zashchity I pooshchreniya prav cheloveka (Chast’ 1) [The International Law of Protection and Promotion of Human Rights: Past, Present and Future (Part I)]. Moskovskij zhurnal mezhdunarodnogo prava [Moscow Journal of International Law]. No. 1. P. 35-50. (In Russ.).
4. Rusinova V.N., 2017. Prava cheloveka v vooruzhennyh konfliktah: problemy sootnosheniya norm mezhdunarodnogo gumanitarnogo prava i mezhdunarodnogo prava prav cheloveka: Monografiya [Human Rights in Armed Conflicts: Problems of Correlation Between International Humanitarian Law and International Human Rights Law: Monograph]. Moscow: Statut. (In Russ.).
5. Skuratova A.Y., 2012. Mezhdunarodnye prestupleniya: sovremennye problemy kvalifikacii: Monografiya [International Crimes: Modern Problems of Qualification: Monograph]. Moscow: Norma, Infra-M. (In Russ.).
6. Cannizzaro E., Bonafé B., 2005. Fragmenting International Law through Compromissory Clauses? Some Remarks on the Decision of the ICJ in the Oil Platforms Case. European Journal of International Law. No. 16. P. 481 – 497.
7. Clapham A., Gaeta P., 2014. The Oxford Handbook of International Law in Armed Conflict. Oxford: Oxford University Press.
8. Crawford J., 2012. Brownlie’s Principles of Public International Law. Oxford: Oxford University Press.
9. Dimitrijević V., Milanović M., 2008. The Strange Story of the Bosnian Genocide Case. Leiden Journal of International Law. No. 21. P. 65-94.
10. Gathii J.T., 2007. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). The American Journal of International Law. Vol. 101. No. 1. P. 142 – 149.
11. Giegerich T. (ed.), 2009. A wiser century? Judicial Dispute Settlement, Disarmament and the Laws of War 100 Years after the Second Hague Peace Conference. Berlin: Duncker & Humblot.
12. Hanqin X., 2017. Jurisdiction of the International Court of Justice. Leyden: Brill / Nijhoff.
13. Heffes E. et al. (eds.), 2020. International Humanitarian Law and Non-State Actors. The Hague: T.M.C. Asser Press.
14. Heintschel von Heinegg W., Epping V. (eds.), 2007. International Humanitarian Law Facing New Challenges.
15. Higgins R., 1995. Problems and Process: International Law and How We Use It. Oxford: Oxford University Press.
16. Mackenzie R. et al. (eds.), 2010. The Manual on International Courts and Tribunals. Oxford: Oxford University Press.
17. Okowa P.N., 2006. Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda). The International and Comparative Law Quarterly. Vol. 55. No. 3. P. 742-753.
18. Rosenne S., 2006. The Law and Practice of the International Court, 1920-2005. Volume II, Jurisdiction. Leiden: Martinus Nijhoff Publishers.
19. Thirlway H., 2016. The International Court of Justice. New York: Oxford University Press.
20. Thirlway H., 2013. The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence. Volume I. Oxford: Oxford University Press.
21. Tomuschat C., 2010. What is General International Law? Guerra y Paz: 1945-2009. Obra homenaje al Dr Santiago Torres Bernárdez. Universidad del País Vasco. P. 329-348.
22. Waldock H., 1948. Forum Prorogatum or acceptance of a unilateral summons to appear before the international Court. The International Law Quarterly. Vol. 2. No. 3. P. 377-391.
23. Wolfrum R. (ed.), 2006. Max Planck Encyclopedia of Public International Law. Oxford: Oxford University Press.
24. Yee S., 2003. Forum Prorogatum Returns to the International Court of Justice. Leiden Journal of International Law. No. 16. P. 701-713.
25. Zimmermann A. et al. (eds.), 2019. The Statute of the International Court of Justice: A Commentary. Oxford: Oxford University Press.
INTERNATIONAL LAW
RASTRELIN Viktor Evgenjevich
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ON THE ISSUE OF FOUNDATION OF INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)
This article provides a historical and legal analysis of the International Organization for Migration (IOM for short) – from the creation of this international institution to the adoption of the current Constitution. The organization was founded after World War II, and its original task was to provide assistance and comprehensive support to refugees and migrants in the territory of post-war Europe. IOM’s name and tasks changed several times during its existence, until it received its final name and mandate in 1989.
Keywords: international migration, international intergovernmental organizations, International Organization for Migration, international law, international legal regulation of migration.
Work bibliographic list
1. Aleshkovsky I.A., Bocharova Z.S. Refugees. Formation and evolution of the status and development of the protection system // Russia XXI. 2017. No. 2. P. 6-27.
2. Gaiger M., Kokoeva N., Zhang Y. International Organization for Migration (IOM): “competent structure” and “inevitable choice” Russia and China to influence global migration management? // International analytics. 2022. Volume 13 (1). P. 48–65.
3. Kiseleva E.V. International legal regulation of migration: textbook for universities. — 3rd ed., rev. and additional M.: Yurayt Publishing House, 2022. 241 p.
4. Kiseleva E.V. Migration in the activities of the UN: background of the issue // Multilateral institutions and dialogue formats: materials of the IX Convention of the RAMI (Moscow, October 27 & ndash; 28, 2015) / Ed. A.V. Malgin / MGIMO MFA of Russia, RAMI. M.: MGIMO University, 2016. P. 278-284.
5. Law of international organizations: textbook and workshop for universities / A. Kh. Abashidze [and others]; edited by A. Kh. Abashidze. M.: Yurayt Publishing House, 2022. 505 p.
6. Alcock, A. (1971). History of the International Labor Organization, London, Macmillan. 391 p.
7. Bradley, M. (2020). The International Organization for Migration: Challenges, Commitments, Complexities (1st ed.). Routledge. 160 p.
8. Carlin, J. L. (1982) Significant Refugee Crises Since World War II and the Response of the International Community, 3 MICH. Y.B. INT’L LEGAL STUD. 3, PP. 12–21.
9. Ducasse-Rogier, M. The International Organization for Migration: 1951–2001 (Geneva: IOM, 2001). 196 p.
10. Élie, J. (2010). The Historical Roots of Cooperation between the UN High Commissioner for Refugees and the International Organization for Migration. Global Governance 16, (3): 345–360.
11. Pécoud, A. (2018). What do we know about the International Organization for Migration? Journal of Ethnic and Migration Studies, 44:10, 1621-1638.
12. Pécoud, A. (2020). Introduction: The International Organization for Migration as the New ‘UN Migration Agency’. 336 p.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
THE SIGNIFICANCE OF LEX ELECTRONICA FOR THE INTERNATIONAL LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE
The purpose of the research undertaken in the article is to identify the legal nature of acts adopted by international organizations on the regulation of artificial intelligence. The methods of analysis and synthesis, the problem-theoretical method, as well as the formal-logical method were used in the study. As a result of the study, it was revealed that currently the international legal regulation of artificial intelligence is carried out within the framework of the lex electronica concept. Lex electronica as a legal instrument allows to provide the international legal regulation of artificial intelligence in the context of the duration of the development of international treaties and the formation of international customs.
Keywords: lex electronica, international organizations, information and communication systems, artificial intelligence, International Telecommunication Union, World Intellectual Property Organization, UNESCO, UNESCO resolution, international treaty, international custom.
Work bibliographic list
1. Babkin S.A. Law applicable to relations arising from the use of the Internet: main problems. – M.: JSC «TsentrYurInfoR», 2003. – 67 p.
2. Kazachenok S.Yu. The development of lex electronica as a prerequisite for the inclusion of a clause on online arbitration in the arbitration agreement. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-lex-electronica-kak-predposylka-vklyucheniya-v-arbitrazhnoe-soglashenie-usloviya-ob-onlayn-arbitrazhe/viewer (date of access: 06/12/2022) .
3. Kanashevsky V.A. Foreign economic transactions: substantive and conflict regulation. – M.: Wolters Kluver, 2008. – S. 499-514.
4. Moss DK Autonomy of will in the practice of international commercial arbitration. – M.: Publishing House of IGiP RAN, 1996. – S. 26-27.
5. Sadikov O.N. Uniform norms in private international law.// Lunts L.A., Marysheva N.I. Sadikov O.N. International private law. – M.: Legal literature, 1984. – S. 39-41.
6. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
7. Campbell D, Ban C (Eds.). Legal Issues in the Global Information Society. – New York: Oceana Publications Inc., 2005. – P. 306-352.
8. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
9. Giannopoulou A. Digital Golems – Copyright and Lex Electronica // Journal of Law, Technology and Society. – 2016. – V. 13. – Iss. 1. – P. 108-111.
10. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
11. Murray A. Information Technology Law: Law and Society. – Oxford: Oxford university press, 2010. – P. 56-62.
12. Railas L. The Rise of the lex electronica and the International Sale of Goods. – Helsinki: The Faculty of Law of the University of Helsinki, 2004. – 590 p.
13. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. Leiden: Brill – Nijhoff, 2021. – 252 p.
14. Rowland D., Kohl U., Charlesworth A. Information Technology Law. 5th ed. – London: Routledge, 2017. – 549 p.
15. Sussman L.R. Exit the censor enter the regulator // Reports and Papers on Mass Communication. – 1991. – No. 106. – P. 9-23.
16. Gautrais V., Lefebcre G., Benyekhlef K. Droit du Commerce Electronique et Normes Applicables: L’Emergence De La Lex Electronica // International Business Law Journal. – 1997. – Iss. 5. – P. 547-584.
INTERNATIONAL LAW
TRUNOV Igor Leonidovich
Ph.D. in economical sciences, Ph.D. in Law, professor, Lawyer, the President of the Union of Lawyers of Russia, Deputy Chairman of the International Union of Lawyers, Chairman of the Presidium of the international Law firm “Trunov Ivar and Partners”, Honorable Lawyer of Russia
US AND EUROPEAN UNION SANCTIONS FROM THE POSITION OF THE RULE OF LAW
Analysis of international sanctions policy from the standpoint of law. What are the consequences of sanctions for states and sanctioned persons and how this relates to constitutional and legal principles.
International conflicts take the form of sanctions against states, legal entities and individual citizens, but as it is regulated by international law. The sanctions policy of pressure that leads to discrimination, creates the prerequisites for hunger and the deterioration of the health care system, is unacceptable and should be regulated by humanitarian law, as well as the rules of war.
The author, using the example of individual states, gives examples of the application of sanctions, their goals and objectives, as well as their consequences. Among the international sanctions campaigns, the largest one is against Russia and Russians. 10,128 sanctions have been imposed against citizens of Russia and the Russian Federation. And this number is growing. Arrests of bank accounts, cryptocurrencies, houses, apartments (and all property located in apartments and houses), yachts, planes, paintings, jewelry, etc., owned mainly by businessmen, journalists and officials. The article uses primary sources cited by the author.
Keywords: international sanctions policy; confiscation of assets; humanitarian law; economic sanctions; financial restrictions; United Nations Security Council; Universal Declaration of Human Rights; European Convention for the Protection of Human Rights and Fundamental Freedoms; protection of state interests; protection of human rights; constitutional protection of commercial transactions.
Work bibliographic list
1. Doraev M.G. Economic sanctions in the law of the USA, the European Union and Russia. M.: Infotropic Media, 2016. S. 28-45.
2. Kirkpatrick, Anthony F. Role of the USA in shortage of food and medicine in Cuba. The Lancet, 05/28/2008, pp. 1489-1491.
3. Sitnikov A. First sanctions against Russia. [Electronic resource]. – Access mode: https://http://svpressa.ru/politic/article/100726/ (date of access: 06/18/2022).
4. Song Hee. Korea and songun // “Korea”: Monthly magazine. – No. 7 (718) (July).
INTERNATIONAL LAW
LADUTKO Kristina Fuadovna
postgraduate student of the 1st course of the RANEPA under the President of the Russian Federation
IMPLEMENTATION OF THE PRINCIPLE OF DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN CONTEMPORARY ARMED CONFLICTS
The article analyzes the behavior of civilians that blurs the line between them and combatants. The article draws conclusions about the key traits of combatants in contemporary armed conflicts, about the absence of an intermediate status between a combatant and a civilian (“illegal combatant”), and about legal instruments that can contribute to the implementation of the principle of distinction.
Keywords: principle of distinction, direct participation of civilians in hostilities, unlawful combatant, contemporary armed conflicts, International Committee of the Red Cross.
Work bibliographic list
1. International Committee of the Red Cross (ICRC) Casebook. principle of distinction. [Electronic resource]. – Access mode: https://casebook.icrc.org/law/principle-distinction (Accessed 20.03.2022).
2. Meltzer N. Direct participation in hostilities: a guide to the interpretation of the concept in the light of international humanitarian law. – Reference book of the International Committee of the Red Cross (ICRC), 2009. – 110 c.
3. Corn, G. The Fog of War, Civilian Resistance, and the Soft Underbelly of Unprivileged Belligerency. Lieber Institute for Law & Warfare at West Point. Articles of War. 2022. [Electronic resource]. – Access Mode: https://lieber.westpoint.edu/fog-of-war-civilian-resistance-unprivileged-belligerency/ (Accessed 03/20/2022).
4. Mishkuro M. A. The concept of “illegal combatant” and its legal status in international humanitarian law // Otechestvennaya jurisprudence. – 2016. – No. 3 (5). – pp. 191-196.
5. Commentary of the ICRC (1958) to the IV Geneva Convention for the Protection of Civilian Persons in Time of War dated 12.07.1949. [Electronic resource]. – Access mode: https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/COM/380-600007?OpenDocument (accessed 03/20/2022).
6. Karavanov A. A., Ustinov I. Yu. Modern view on the problem of implementing the principle of distinction in international humanitarian law // Territory of Science. – 2014. – No. 1. – pp. 144-148.
7. Melzer N. Keeping the Balance Between Military Necessity and Humanity: A Response to Four Critiques of the ICRC’s Interpretive Guidance on the Notion of Direct Participation in Hostilities. // International Law and Politics. – Vol. 42:831. – 86 p.
8. Policinski E. Identifying the Enemy: Civilian Participation in Armed Conflict by Crawford, E. Book Review. International Review of the Red Cross (2015), 97 (900). The evolution of warfare. – P. 1507-1511.
INTERNATIONAL LAW
ABUKAROVA Meiram Uzerovna
senior lecturer of State and legal disciplines sub-faculty of the Dagestan State University of National Economy
MARRIAGE AND FAMILY RELATIONS AS ONE OF THE URGENT PROBLEMS IN PRIVATE INTERNATIONAL LAW
There are many cases that are undoubtedly of interest to legal scholars in the law of different states, they are so original, so unique in their uniqueness that they require research. In addition, the process of unification of legal norms, which is necessary to resolve various kinds of legal conflicts, is impossible without a detailed knowledge of the peculiarities of the law of different states.
The most relevant and indisputable truth now, that which is most widespread all over the world, in any case, it had until recently, is the huge growth of world economic ties and not only, but also social ties of Russia. This has led to the fact that the number of marriages with foreigners has increased significantly, which in turn has greatly puzzled the legislator, gave rise to various kinds of conflict of laws issues.
Keywords: private international law, marital and family relations, conflict, jurisdiction, national restrictions, “foreign element”, age of marriage, civil law, unification of family legal norms, attachment formulas, legal fact, conflict of laws bindings, autonomy of the will of the parties, the most favorable law, the closest connection.
Work bibliographic list
1. Marysheva N. I. Family relations with the participation of foreigners. Legal regulation in Russia. – Moscow: Wolters Kluver, 2007.
2. Inshakova A. O. International private law: textbook and workshop for academic baccalaureate. – M.: Yurayt Publishing House, 2019. – 398 p.
3. Family Code of the Russian Federation of December 29, 1995 No. 223-F3 (as amended on December 30, 2015).
INTERNATIONAL PRIVATE LAW
ZARIPOVA Kamilya Anvarovna
legal assistant in law firm “Kucher Kuleshov Maximenko & partners” (ex-Debevoise & Plimpton Moscow office), master’s degree in international private and civil law of the MGIMО (U) of the MFA of Russia
RUSSIAN APPROACH TOWARDS THE PROPER LAW OF THE ARBITRATION AGREEMENT
This article summarizes the legal framework and practice of Russian courts regarding the choice of law applicable to the arbitration agreement. Russian courts practice seems to be in status nascendi. However, generally, given the clarifications of Supreme Court, Russian courts should abide by the law of the seat approach which follows Article V (1) (a) of the NYC in a strict fashion. Further, Russian law may apply to the capability of being performed facet of arbitration agreement.
Keywords: law applicable to the arbitration agreement, law applicable to the arbitration clause, proper law of the arbitration agreement, proper law of the arbitration clause, choice of law, arbitration agreement, arbitration clause, international commercial arbitration, Russian law.
Work bibliographic list
1. Resolution No. 53 of the Plenary Session of the Russian Supreme Court “On the carrying out of functions by courts of the Russian Federation regarding the assistance and monitoring of arbitration proceedings and international commercial arbitration” dated December 10, 2019. [Resolution of the Plenum of the Supreme Court of the Russian Federation of December 10, 2019 No. 53 “On the performance by the courts of the Russian Federation of the functions of assistance and control in relation to arbitration proceedings, international commercial arbitration”]. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_340189/
2. Ruling of Arbitrazh (Commercial) Court of the city of Moscow dated March 4, 2013 on case No. А40-113545/12 remained in force by the Resolution of the Federal Arbitrazh (Commercial) Court of Moscow District dated June 5, 2013 756 of the Arbitration Court of Moscow dated March 4, 2013 in case No. А40-113545/12, upheld by the Decree of the Federal Arbitration Court of the Moscow District dated June 5, 2013].
3. Resolution of Federal Arbitrazh (Commercial) Court of Moscow district dated February 22, 2012 on case No. А40-89595/11-8-756 756].
4. Ruling of Presidium of the Supreme Arbitrazh (Commercial) Court of Russia dated September 22, 2009 No. ВАС-5604/09 on case No. A57-8082/2008-116; [Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 22, 2009 No. VAS-5604/09 in case No. A57-8082/2008-116]. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/988b804d-863f-4110-9879-0086e2dba29b/92fcdb89-4843-4a4b-a5b5-894e6e5fdd8b/A57-8082-2008_20090e922_Reshenija.Add?Stanovja.pdf=Reshenija.pdf?
5. Resolution of Federal Arbitrazh (Commercial) Court of Federal West-Siberian District dated June 4, 2010 on case No. А45-13290/2009. [Resolution of the Federal Antimonopoly Service of the West Siberian District of June 04, 2010 in case No. A45-13290/2009]. Available at: https://kad.arbitr.ru/Document/Pdf/eeaf1590-7dfb-476e-9bf7-623b67320eb2/3acbb7c6-41d7-459b-9466-dde8dc6e96cc/A45-13290-2009_20100604_Postanovlenie_kassacionno.pdf
6. Alexander Kostin, ‘Issues of ascertaining applicable law of the arbitration agreement in the case law of civil law countries of Europe and common law courts’, Zakon, 2014, No. 1. [A. A. Kostin, “Issues of determining the law applicable to an arbitration agreement in the practice of continental European countries and English courts.” Law, 2014, No. 1].
7. Resolution of Arbitrazh (Commercial) Court of Federal North-west District dated August 30, 2021 on case no. A56-770023/2020. [Decision of the Arbitration Court of the Northwestern District of August 30, 2021 in case No. A56-770023/2020]. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/2365b10e-9d52-40d4-b575-897bbd7710ba/119a0f30-3f61-4d11-9258-11b9f23a9961/A56-77023-2020_20210830_Postanovlenie_kassacionnoj_instancii.pdf?isAddStamp=True.
INTERNATIONAL PRIVATE 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
KONDRASHOV Sergey Vyacheslavovich
Ph.D. in Law, 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
SOME ISSUES OF DETERMINING THE SUBJECT OF LEGAL REGULATION OF PRI- VATE INTERNATIONAL LAW
The study of the doctrine of international law allows us to conclude that throughout the history of its development, at least in our country, there have been different interpretations of the subject of private international law. This study contains strictly defined criteria that allow the PIL doctrine to develop a clearer definition of the subject of PIL.
Keywords: international private law, subject of private international law, statute, conflict.
Work bibliographic list
1. Petrova G.V. International private law. In 2 volumes. T. 1: textbook for universities. – Moscow: URAIT Publishing House, 2022. – 396 p.
2. International private law: textbook / Ed. ed. G.K. Dmitrieva – 4th ed., revised and additional. – Moscow: Prospekt, 2017.
3. Getman-Pavlova I.V. International private law: a textbook for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 489 p. (Higher education). – Text: direct.
INTERNATIONAL PRIVATE LAW
YANG Haidan
postgraduate student of the Peoples Friendship University of Russia
THE OVERRIDING MANDATORY PROVISIONS IN THE INTERNATIONAL PRIVATE LAW OF THE PEOPLE’S REPUB- LIC OF CHINA
The problems of interpretation and application of overriding mandatory provisions are among the most relevant in modern private international law, and Chinese private international law is no exception to this – the relevant provisions on overriding mandatory provisions appeared in Chinese legislation a little more than a decade ago and have become an important direction for improving the legal policy of the state. In the article, the author examines the significance of overriding mandatory provisions in the international private law of the People’s Republic of China and concludes that before the adoption of the relevant law, the rules of civil relations with foreign elements were scattered according to various laws and regulations. The new law did not replace the old legislative prescriptions, but established only the basic principles of interpretation and application of Chinese laws to the most common types of civil relations complicated by foreign elements, eliminating many conflicts in national legislation. At the same time, it turned out to be much more difficult to implement legislative provisions on super-mandatory norms in practice. This is due to the lack of criteria in the legislative prescriptions for distinguishing overriding mandatory provisions from the usual mandatory norms of national legislation, as well as the ambiguity of interpretation of certain articles of the law on the choice of applicable law. The solution of these issues was reflected in the relevant judicial interpretation made by the Supreme People’s Court of the People’s Republic of China, aimed at shedding light on a number of practical issues arising during the application of regulations on overriding mandatory provisions.
Keywords: superimperative norms, “overriding mandatory provisions”, private international law, judicial interpretation, relations complicated by a foreign element, foreign investments.
Work bibliographic list
1. Zasemkova O.F. Super-imperative norms: theory and practice. – M.: Infotropic Media, 2018. – 412 p.
2. Korochkin A.Yu., Severin D. Superimperative norms in the corporate law of the Republic of Belarus // Lawyer. – 2010. – № 5. – P.85-88.
3. Malkin O.Yu. Legal regulation of the choice of law by the parties to the contract. – M.: SSU Publishing House, 2008. – 156 p.
4. Chuprunov I.S. Arbitrability: applicable law and influence from super-imperative norms // New Horizons of International Arbitration. Issue. 1: Sat. Art. / Ed. A.V. Asoskova, N.G. Vilkova, R.M. Khodykin. – M.: Infotropic Media, 2013. – S. 297-362.
5. Shulakov A.A. Public policy in private international law and problems of interpretation and application of super-imperative and imperative norms // Lex russica. – 2018. – No. 4. – P. 81-97.
6. Shulakov A.A. Interaction of institutions of private international law // Journal of private international law. – 2014. – No. 4 (86). – P. 18-43.
7. Leibkuchler P. Erste Interpretation des Obersten Volksgerichts zum neuen Gesetz uber das Internationale Privatrecht der VR China // Max Planck Private Law Research Paper. – 2013. – No. 13/25. – S. 95 – 96.
8. Michael Hellner, “Third Country Overriding Mandatory Rules in the Rome I Regulation: Old Wine in New Bottles?”, J. Priv. Int’l L., 5-3 (2009). – Pp. 455-509.
INTERNATIONAL PRIVATE LAW
MONAKHOV Herman Dmitrievich
student of the School of Law of the Far Eastern Federal University
PRIMAK Vladislav Vadimovich
student of the School of Law of the Far Eastern Federal University
KOLESNIKOVA Elena Sergeevna
student of the School of Law of the Far Eastern Federal University
AFRICAN CONTINENTAL FREE TRADE AREA AS A NEW MODEL OF ECONOMIC INTEGRATION IN AFRICA
It’s no secret that the world order is gradually changing. Economic and political centers are gradually moving from Western countries to other parts of the world. However, while the international community is closely monitoring economic integration in Northeast and Southeast Asia, similar processes are taking place on the African continent. The authors of this article analyzed the main provisions and prospects of one of the African economic integration – the newly created African Continental Free Trade Zone. Thus, the authors analyzed the main declared objectives of the AfCFTA Agreement, the provisions concerning the rules of origin of goods, the abolition of tariff barriers, as well as the procedure for resolving trade disputes between the participants of this free trade zone and the ways in which AfCFTA interacts with other sub-regional free trade zones. The authors also considered some innovative ways to eliminate non-tariff trade barriers that were developed within the framework of the AfCFTA. At the conclusion of the work, the authors drew conclusions about the prospects of the given integration model, as well as made assessments about the prospects for the development of trade relations between Russia and African countries within the framework of this FTA.
Keywords: economic integration, free trade area, AfCFTA, non-tariff barriers, rules of origin, international economic law, UNCTAD.
Work bibliographic list
1. AfCFTA: 100 days since start of free trading, prospects seem bright // Africa Renewal. 7.12.2021. – [Electronic resource]. – Access mode: https://www.un.org/africarenewal/magazine/april-2021/afcfta-100-days-start-free-trading-prospects-seem-bright.
2. Agreement Establishing The African Continental Free Trade Area (March 21th, 2018, Kigali).
3. Berkey, B., Shifting US-Africa Relations, WHARTON PUBLIC POLICY INITIATIVE (Aug. 4, 2020).
4. James Bacchus & Inu Manak, The Development Dimension: What to do About Differential Treatment in Trade, CATO INSTITUTE (Apr. 13, 2020). – [Electronic resource]. – Access mode: https://doi.org/10.36009/PA.887.
5. Knebel C. Breaking down non-tariff barriers // Great insights. – Volume 9. – Issue 1. – 2020. – pp. 19-22.
6. LANDRY SIGNE & COLETTE VAN DER VEN, KEYS TO SUCCESS FOR THE AFCFTA NEGOTIATIONS, BROOKINGS INSTITUTION 5 (May 2019). – [Electronic resource]. – Access Mode: https://www.brookings.edu/wpcontent/uploads/2019/05/Keys_to_success_for_AfCFTA.pdf; Developments in Competition Law in Africa, LEX AFRICA (Aug. 22, 2008); – [Electronic resource]. – Access Mode: https://www.lexafrica.com/2018/08/developments-in-competition-law-in-africa/.
7. With AfCFTA, ‘Africa is sending a crystal clear signal’ that it is open for business says Wamkele Mene // The Africa report. 10/26/2021. – [Electronic resource]. – Access mode: https://www.theafricareport.com/82918/with-afcfta-africa-is-sending-a-crystal-clear-signal-that-it-is-open-for-business-says-wamkele-mene /
8. Lavrov: Russia wants to reach a new level of cooperation with African countries // RIA Novosti. 07/17/2019. – [Electronic resource]. – Access mode: https://ria.ru/20190717/1556609073.html.
9. Brian Berkey, Shifting US-Africa Relations, WHARTON PUBLIC POLICY INITIATIVE (Aug. 4, 2020).
INTERNATIONAL PRIVATE LAW
YAJUN Cao
postgraduate student of Philosophy in Law (Ph.D.) of the Law Faculty of the Sun Yat-sen University, Guangzhou, China
THE PRUDENT INVESTMENT DUTIES OF FUND MANAGERS IN CHINA’S PUBLIC OFFERING REITS IN THE FIELD OF INFRASTRUCTURE
Public Offering Real Estate Investment Trust Fund has enjoyed more than a hundred years’ experience throughout the world, opening the path for small and medium investors to real estate investment, bearing the advantages of high liquidity, low correlation and relatively stable income. In 2020, China launched the pilot project of public offering REITs in the field of infrastructure, marking the official entrance of a mature and important international financial product into China’s real estate investment market, breaking the previous limitation of real estate investment trusts in China that could only raise funds through private placement. Compared with private offering REITs, public offering REITs involve public investors, and the fund managers of such funds should bear stricter prudent investment duties. Standardizing the prudent investment duty of fund managers is the key to standardizing the operation and management and long-term healthy development of public offering REITs in infrastructure. These funds contain the triple legal relationships including the trust legal relationship, trading legal relationship, agent legal relationship. The fund managers are in the central position of the triple legal relationships and bear the strict due diligence obligations, prudent management obligations and information disclosure obligations. The author answers several key questions about the functioning of this institute in China.
Keywords: trust, public offering REITs, fund managers, prudent investment duties.
Work bibliographic list
1. Mingyi Meng, The American Experience of Real Estate Trust and Investment Funds, Financial Research, No. 1, 2020.
2. Yanhong Bu, Qi Dong, The Investment Risk of Real Estate Investment Trust Fund, China Finance, No.20, 2018.
3. Yujia Shan, Chao Tang, The Legal basis, Standard Logic and Institutional Suggestions on the Control Concentration Degree of Public Offering REITs, Securities Law Court, No.1, 2021.
4. Chengzhi Xu, Changhui Wang, The Legal Logic and Institutional Construction of the Equity Information Disclosure Rules of Public Offering REITs, Securities Law Court, No.1, 2021.
5. Yanrong Hong, Identity Transformation and Rights Restrictions of Asset Parties in Infrastructure REITs Financing, China Law Review, No.4, 2021.
6. Yanrong Hong, The Legal Reconstruct and Risk Regulation of Infrastructure REITs, The Securities Law Court, No.1, 2021.
7. Donggen Xu, Hui Shao, On the Causes of Repeated Taxation of Public Offering REITs Income Tax, Securities Law Court, No.1, 2021.
8. Yongjun Jin, Research on Practical Experience of REITs in the Overseas Market and Pilot System of REITs in China, Securities Law Garden, No.1, 2021.
9. Hongqin Yang, Zhigang Ye, The Improvement of Infrastructure REITs Governance Mechanism from the Perspective of Trust, Securities Law Garden, No. 1, 2021.
10. Lei Duan, Research on the Legal Issues of China’s Public Offering REITs Product Architecture —— Based on the Comparison between Japan and the United States, Securities Law Court, No.1, 2021.
11. Hailong Liu, The Organizational Form Selection of Public Offering REITs in China, Securities Law Garden, No. 1, 2021.
12. Yan Xing, Public Offering REITs Support New Urbanization: Mechanism, Problems and Countermeasures, Securities Market Guide, No. 4, 2021.
13. Lei Tian, The Legal Impact and Countermeasures of REITs Products, People’s Justice (Application), No. 13, 2018.
EUROPEAN LAW
GIRIS Valeriya Alekseevna
postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FORMATION AND DEVELOPMENT OF LEGAL REGULATION OF THE EUROPEAN UNION ACTIVITIES IN THE FIELD OF CYBERSECURITY
This article is devoted to the study of the legislation of the European Union (hereinafter – EU or Union) in the field of cybersecurity. The relevance of the research lies in the fact that recently it is within the framework of integration unions that there is an active strengthening of cooperation between states to combine efforts to ensure cyber security, in turn, in the EU agenda for many years to strengthen cybersecurity is paid special attention, resulting in the adoption of legally binding acts for all EU member states. The article analyzes the evolution of EU cyber security legislation, revealing thatthe EUhas specific legal tools to ensure cybersecurity, but the formation of legal regulation in this area has revealed risks of inconsistent application of EU law by EU member states. Nevertheless, EU institutions are supporting the development of a common cyber security policy, in particular through the adoption of new EU regulations and the improvement of existing ones.
Keywords: EU law, legislation, network and information security, cyber security, information space, cyberspace, European Union Cyber Security Strategy.
Work bibliographic list
1. Pantin V.I., Kardava N.V. Cybersecurity: problems of formation of a unified policy in the European Union // Bulletin of the Perm University. Political science. -2018. – No. 3. – P. 18.
2. Dewar R. S. Cyber security in the European Union: an historical institutionalist analysis of a 21st century security concern. Ph.D. thesis. – University of Glasgow.-2017. [Electronic resource]. – Access mode: http://theses.gla.ac.uk/8188/ (Accessed 15.06.2022)
3. Tauwhare R. Improving Cybersecurity in the European Union: The Network and Information Security Directive // Journal of Internet Law. – 2016. – P. 10.
4. Kasper A., Vernygora V. Towards a ‘Cyber Maastricht’: Two Steps Forward, One Step Back // Harwood, S. Moncada, & R. Pace (Eds.), The Future of the European Union: Demisting the debate. – 2020. – P. 37.
5. Chiara P.G. The IoT and the new EU cybersecurity regulatory landscape // International Review of Law, Computers & technology. – 2022. – P. 11.
6. Wessel R.A. European Law and Cyberspace // Research Handbook on International Law and Cyberspace. – 2021. – P. 491-508.
7. Vela J. The Development of the EU Cyber Security Strategy and its Importance. [Electronic resource]. – Access mode: https://finabel.org/info-flash-the development-of-the-eu-cyber-security-strategy-and-its-importance/ (Accessed 06/15/2022)
8. Fuster, G.G., Jasmontaite L. Cybersecurity Regulation in the European Union: The Digital, the Critical and Fundamental Rights. In: Christen M., Gordijn B., Loi M. (eds) The Ethics of Cybersecurity // The International Library of Ethics, Law and Technology. – Vol 21. -Springer. – 2019. – P. 100. [Electronic resource]. – Access mode: https://canvas-project.eu/assets/pdf/book/p97-115.pdf (accessed 06/15/2022).
THEORY OF GOVERNMENT AND RIGHTS
ATMACHEV Sergey Igorevich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
ON THE QUESTION OF FORMS OF RESTRICTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS
The forms and ways of restricting the fundamental rights and freedoms of man and citizen in the Russian Federation are analyzed. Purpose: Two main forms of restrictions are distinguished, and, taking into account the current legislation, the ways and possibilities of their establishment and subsequent implementation are considered. Methodology. The analysis and the formal legal method are based on the consideration of the Constitution of the Russian Federation, normative legal acts, scientific views. The synthesis is presented of the trends of interrelation and interdependence in the existing forms of restrictions on the rights and freedoms of the individual. Conclusions: it is proposed to consider the existing forms and methods of possible restrictions as interrelated.
Keywords: rights, freedoms, normative legal act, forms of restriction of rights and freedoms, methods of restriction of rights and freedoms self-restraint.
Work bibliographic list
1. Lapaeva V.V. The problem of restricting the rights and freedoms of man and citizen in the Constitution of the Russian Federation (the experience of doctrinal comprehension) // Journal of Russian Law. 2005. No. 7. P. 13-23.
2. Lukasheva E.A. Human rights, politics, morality: ch. 9. In the book. Human Rights / Under rel. E.A. Lukasheva. M.: NORMA, 1999. 573 p.
THEORY OF GOVERNMENT AND RIGHTS
KAREV Dmitriy Aleksandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
CHEREVICHENKO Tatyana Sergeevna
Ph.D. in Law, associate professor, associate professor of legal support of economic activity sub-faculty of the Samara State University of Economics
HISTORY, METHODOLOGY AND PROSPECTS OF DEVELOPMENT OF LEGAL SCIENCE
The article reveals the relationship between legal science and education in the field of training future legal practitioners in order to ensure constitutional guarantees in the provision of qualified legal assistance. The problems inherent in legal science and education in the context of the educational process are presented. The basics of the transition from a knowledge-based learning model to a “competence-based approach” model are considered. The advantages and disadvantages of the currently used fixed approach to solving this issue are analyzed from the point of view of the need to strengthen statehood.
Keywords: professional competencies, training, educational process, learning model, competence approach, legal science, qualified legal assistance, dialectical-materialistic method, methodology, methods of cognition, legal research.
Work bibliographic list
1. Andreeva O. A. Some issues of modern methodology of the science of criminal law in the system of higher legal education // Research and design of intelligent systems in the automotive, aircraft and mechanical engineering (“ISMCA’ 2018”). Materials of the All-Russian scientific-practical conference with international participation. – 2018. – P. 260-262.
2. Code of Administrative Procedure of the Russian Federation: Federal Law No. 21-FZ of March 8, 2015 (as amended on April 30, 2021, as amended on July 15, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_176147/ (date of access: 10/17/2021).
3. Komissarova EG Limits of methodological presence in industry research // Methodological problems of civil research. Collection of scientific articles. Yearbook. Managing editors A. V. Gabov, V. G. Golubtsov, O. A. Kuznetsova. – Moscow, 2018. – P. 189-213.
4. Mazurenko A.P. Problems of interaction between legal education and fundamental science // Modern problems of science and education. Materials of international scientific conferences. – 2018. – P. 60-61.
5. Medvedev VG Philosophy of law and history, and methodology of legal science as indispensable scientific components of modern jurisprudence // Norwegian Journal of Development of the International Science. – 2021. – No. 69-2. – P. 22-25.
6. Ovchinnikov S. N. History of legal science: to the methodology of research // Legal policy and legal life. – 2019. – No. 3. – P. 109-115.
7. Sadokhina N. E. Legal science – legal education – legal practice: features of interdependence and problems of interaction in the educational process // Tambov Legal Readings named after F. N. Plevako. Materials of the III International Scientific and Practical Conference: in 2 volumes – 2019. – P. 467-470.
8. Stromov V. Yu. Legal education and legal science at the classical university of the Tambov region: past, present, prospects // Legal policy and legal life. – 2018. – No. 3. – P. 68-79.
9. Tarasov N. N. History and methodology of legal science: methodological problems of jurisprudence: a textbook for universities. – Moscow: Yurayt Publishing House, 2021. – 218 p.
10. Fedorov M. A. Religion as the fourth subsystem of culture (on the example of world religions) // Bulletin of the Buryat State University. – 2020. – No. 3. – P. 21-29.
11. Chegovadze L. A., Demin A. A. Higher legal education in Russia: problems and prospects // Public Service. – 2019. – No. 5 (121). – pp. 108-111.
THEORY OF GOVERNMENT AND RIGHTS
KASIMOV Timur Salavatovich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Bashkir State University
ISKHAKOV Ilvir Ilfatovich
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
ASYLBAEVA Polina Anatoljevna
master of Law of the Bashkir State University
ON THE ISSUE OF STATE IDEOLOGY IN MODERN RUSSIA
The purpose of the article is to answer questions about the actual existence and features of the state ideology in the Russian Federation. As a result of the study of legal acts of the modern Russian state and doctrinal sources, the approaches of modern scientists to the concept and classification of ideologies are identified and presented. Article names some features of the main ideologies of modernity: conservatism, liberalism, socialism and nationalism. Using examples from current legislation and the practice of applying law, it is shown that in modern Russia, as a state ideology, a synthesis of liberal, conservative and socialist ideologies is actually being implemented, with conservative ideological trends prevailing in recent years.
Keywords: state ideology, the future of the state, concepts, conservatism, liberalism, socialism.
Work bibliographic list
1. Averyanov V. Empire and freedom. Catch up with yourself. – Moscow: Knizhny Mir Publishing House, 2014. – 384 p. – (Collection of the Izborsk club). – EDN TGIGAF.
2. Baranov N. A. Ideological attitudes of leading Russian political parties on the eve of the 2021 elections // Socio-political studies. – 2021. – No. 1 (10). – pp. 5-21. – DOI 10.20323/2658-428X-2021-1-10-5-21. – EDN YUVTEN.
3. Vasiliev A. A., Seregin A. V. History of Russian protective political and legal thought (VII-XX centuries) Textbook. – M.: “Yurlitinform”, 2011. – 450 p.
4. Galiev F. Kh. Constitution and legal culture of modern society // Legal state: theory and practice. – 2019. – No. 4 (58). – pp. 97-102. – EDN CZOCFV.
5. State ideology: historical-legal and theoretical-legal aspects: In 2 volumes / Z. K. Ayupova, A. A. Vasiliev, V. I. Ermolovich [and others]. – Moscow: Yurlitinform Publishing House, 2019. – 312 p. – (Theory and history of state and law). – ISBN 978-5-4396-1720-3. – EDN XYXEPJ.
6. Dugin A. The fourth political theory. Russia and political ideas of the XXI century. – St. Petersburg: Amphora. TID Amphora, 2009. – 351 p.
7. Kasimov T. S. Concepts of the future state of modern Russian nationalists // Legal state: theory and practice. – 2013. – No. 4 (34). – pp. 44-50. – EDN RSPIIX.
8. Kasimov T. S. Conservative concepts of the future state in modern Russia / T. S. Kasimov // Legal state: theory and practice. – 2014. – No. 4 (38). – pp. 18-22. – EDN TFGDJH.
9. Kolokolov N. A. Judicial power in modern Russian science: theory of state and law // Theory of state and law in science, education, practice: monograph Theory of state and law in science, education, practice / Yu. G. Arzamasov, V. M Baranov, N. V. Varlamova [and others]. – Moscow: Limited Liability Company “Jurisprudence Publishing House”, 2016. – 480 pp. – ISBN 978-5-9516-0776-8. – EDN WFUNYF.
10. Kornev A.V. State and Law in the Context of Conservative and Liberal Ideology: An Experience of Retrospective Analysis Moscow: Prospekt Limited Liability Company, 2016 320 pp ISBN 978-5-392-20142-6 EDN WGBDTX
11. Makuev R. Kh. Theory of state and law: textbook, 3rd ed., with amendments and additions, M: Norma: Infra-M, 2010. – 639 p.
12 G. Musikhin Essays on the Theory of Ideologies / Series compiled by Valery Anashvili – Moscow: National Research University Higher School of Economics, 2013 – 288 pp. – (Political theory) – ISBN 978 -5-7598-1012-4 EDN UNQKMD
13 New Russian Encyclopedia Moscow: Encyclopedia, 2010 480 pp ISBN 978-5-94802-033-4 –ED N VNJUNX.
14. Russia in search of ideologies: transformation of the value regulators of modern societies / V. S. Martyanov, E. A. Vakhrusheva, K. V. Kiselev [and others]. – Moscow: Publishing House “Political Encyclopedia”, 2016. – 334 p. – ISBN 978-5-8243-2067-1. – EDN WMVPAJ.
15. Sergeytsev T., Kulikov D., Mostovoy P. Ideology of Russian statehood. – Continent Russia. – St. Petersburg: Peter, 2021. – 688 p.
16. Heywood E. Political science: A textbook for university students / Per. from English. ed. G. G. Vodolazov, V. Yu. Velsky. – M.: UNITY-DANA, 2005. – 544 p.
17. Shvartsmantel D. Ideology and politics / Per. from English. Kh .: Publishing House of the Humanitarian Center, 2009. – 312 p.
THEORY OF GOVERNMENT AND RIGHTS
GANIEVA Dinara Zamirovna
postgraduate student of Theory of state and law sub-faculty of the Institute of Law of the Bashkir State University
TRANSFORMATION OF MECHANISMS OF LEGAL EDUCATION AND IMPLEMENTATION OF LAW IN A DIGITAL SOCIETY
The article analyzes the peculiarities of changing the structure of the processes of formation and implementation of legal regulations in the conditions of the formation of economic relations based on the use of digital technologies. The author explores how digitalization will affect the functioning of the legal system as a whole and its individual components and examines the processes of implementing legally significant actions aimed at the formation of positive law in a digital society.
Keywords: digital transformation, digital society, mechanism of law formation, legal realization, digitalization, legal system.
Work bibliographic list
1. Digital transformation of regulatory processes: trends, approaches and solutions / M. A. Averyanov, O. V. Baranova, E. Yu. Kochetova, R. L. Sivakov // International Journal of Open Information Technologies. – 2018. – V. 6. – No. 11. – S. 42-49.
2. Dobrinskaya D. E. Digital society in the sociological perspective. Bulletin of the Moscow University. Ser. 18: Sociology and political science. – 2019. – T. 25. – No. 4. – S. 175-192.
3. Drobyazko S. G. Law formation, law-making, law establishment, their subjects and principles // Law and Democracy: Sat. scientific tr. – Minsk: BGU, 2003. – Issue. 14. – S. 15-34.
4. Ladenkov N. E. Transformation of the legal system under the influence of digitalization: causes and trends // Philosophy of Law. – 2021. – No. 1 (96). – P. 164-168.
5. Sinyukov V. N. Digital law and the problems of the stage-by-stage transformation of the Russian legal system // Lex Russica. – 2019. – No. 9 (154). – S. 15.
6. Chervonyuk V. I. The Mechanism and Regularities of Law Formation (Positive Law Operations) in Modern Russia: Legal Construction and Legal Reality. Issue. 4. Coordination of interests as a method of legal regulation and an innovative type (type) of modern legislative technologies.
7. Federal Law “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation” dated July 31, 2020 N 259-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/
8. Federal Law “On Amendments to the Federal Law” On Countering Terrorism and Certain Legislative Acts of the Russian Federation in Part of Establishing Additional Measures to Counter Terrorism and Ensuring Public Security” dated 06.07.2016 No. 374-FZ.
9. Khabrieva T. Ya. Law before the challenges of digital reality // Journal of Russian Law. – 2018. – No. 9 (261). – P. 5-16.
10. Altukhov A. V., Kashkin S. Yu. Digitalization of law and legal regulation of artificial intelligence as important global components of the scientific and technological paradigm of Russia in the 21st century // International Legal Courier. – 2020. – No. 1-2 (35-36). – P. 10-13.
THEORY OF GOVERNMENT AND RIGHTS
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 sciences, associate professor, Dean of the Faculty of Natural Science and Humanities Education, of the St. Petersburg State Marine Technical University
TARASOV Aleksandr Sergeevich
Ph.D. in historical sciences, associate professor of International maritime law sub-faculty of the St. Petersburg State Marine Technical University
CHEPEL Aleksandr Ivanovich
Ph.D. in historical sciences, associate professor, Head of History and cultorology sub-faculty of the St. Petersburg State Marine Technical University
EVOLUTION OF ORGANIZATIONAL AND LEGAL COUNTERACTION TO PIRACY AT SEA
The organization of effective counteraction to maritime piracy has been an urgent task throughout all stages of the development of society and the state. The article analyzes the measures taken to combat piracy in different historical epochs, examines the evolution of the mechanism of legal regulation, the effectiveness of legal impact on such a negative phenomenon. It is concluded that there is a need to create a unified system of regulatory and legal support for countering piracy at the international level, as well as a unified international information system that contributes to the timely prevention of pirate attacks.
Keywords: legal regulation of countering piracy, international maritime law, history of the development of law.
Work bibliographic list
1. Alekseev G. V., Evgrafova I. V. Integration processes and the implementation of state jurisdiction on the high seas // Eurasian integration: economics, law, politics. – 2016. – No. 1 (19). – pp. 78-84.
2. Bekyashev K. A. International law in the fight against maritime piracy // Lex russica (Russian law). – 2010. – T. 69. No. 6. – P. 1397-1414.
3. Biryaeva A. V., Lavrushkina A. A. Historical and legal analysis of the norms on piracy // Actual problems of Russian law. – 2016. – No. 10 (71). – pp. 27-33.
4. Bruner R. A., Galiev R. S. The problem of distinguishing between the concepts of “maritime piracy” and “state piracy” // Modern law. – 2013. – No. 2. – pp. 128-131.
5. Galiev R. S. Fight against piracy, international legal aspect. – Baranul. 2015. – 168 p.
6. Gafarov Z. M. On international legal means of combating maritime piracy and terrorism // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 6. – pp. 133-138.
7. Gladchenko L.V. Maritime piracy at the present stage: an old problem among the “new” ones security threats // Openings of the national strategy. – 2013. – No. 3 (18). – pp. 135-149.
8. Gutsulyak VN Legal means of combating piracy and terrorism in maritime transport // Transport Law and Security. – 2018. – No. 4 (28). – pp. 41-44.
9. Yeshchenko Y. V., Novikov A. V. Ways to counter maritime piracy // Marine collection. – 2014. – No. 1 (2002). – pp. 55-58.
10. Convention on the High Seas. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021).
11. United Nations Convention on the Law of the Sea. – [Electronic resource]. – Access mode: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_r.pdfhttps://www.un.org/en/documents/decl_conv/conventions/pdf/hsea.pdf (date accessed: 19.12.2021).
12. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/maritme.shtmlhttps://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (accessed: 12/19/2021).
13. Krivtsova Yu. A. Actual problems of regulation of international maritime transport of goods. Vestnik nauki. – 2019. – T. 2. No. 6 (15). – P. 34–40.
14. International Maritime Organization. – [Electronic resource]. – Access mode: https://www.un.org/ru/ecosoc/imo/https://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021) .
15. International Code for the Security of Ships and Port Facilities. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902019001https://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021).
16. Mikheev D. V. Emergence of the practice of privateering in England in the XIII-XVI centuries. // Metamorphoses of history. – 2013. – No. 4. – pp. 201-216.
17. Nagaeva T. I. Piracy as a type of criminal act (historical and legal aspect) // History of State and Law. – 2010. – No. 10. – P. 9-16.
18. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/shelf_security.shtmlhttps://www.un.org/ru/documents/decl_conv/conventions/pdf/hsea.pdf (date of access: 12/19/2021).
19. Smirnova E. S., Kolodkin A. L. The history of the fight against maritime piracy: from antiquity to modern times // History of State and Law. – 2009. – No. 24. – pp. 45-48.
20. Tarasov A. S., Fedorova A. S. Actual problems of international cooperation in the fight against maritime piracy // Economy, ecology and society of Russia in the 21st century. – 2021. – T. 2. No. 1. – pp. 116-122.
21. Chepel A. I. “The outpost was taught to bypass the forest”: Swedish-Russian border area after the Stolbovsky Peace // New Historical Bulletin. – 2010. – No. 2 (24). – pp. 43-50.
HISTORY OF STATE AND LAW
SANGULIYA Aslan Daurovich
senior lecturer of State and law sub-faculty of the Faculty of Law of the Abkhazian State University, Republic of Abkhazia
ON THE PROBLEM OF TYPOLOGICAL CHARACTERISTICS OF THE LEGAL UN-DERSTANDING OF MIKHAIL NIKOLAEVICH KAPUSTIN
The article substantiates the position on the synthetic nature of the methodology of cognition of law by the outstanding Russian jurist of the second half of the XIX century M.N. Kapustin. The author shows that the attribution of his teaching to the school of natural law or to the school of positive law in their classical version looks controversial. In his opinion, M.N. Kapustin is attempting an expansive way of interpreting the law characteristic of legal sociologism, which explains the possibility of integrating different methodological ideas into a single framework of methodology.
Keywords: law, general theory of law, methodology of legal cognition, historical types of legal understanding, school of natural law, school of positive law, historical school of law.
Work bibliographic list
1. Korkunov N. M. Introductory lecture to the course of the Encyclopedia of Law, read at St. Petersburg University on November 30, 1878 // Science of Law and Natural History / Collection of Scientific Articles. – St. Petersburg, 1898.
2. Nevolin K. A. Encyclopedia of jurisprudence // Nevolin K. A. Complete works. T. 1. – St. Petersburg: E. Pratz Printing House, 1857.
3. Kapustin M.N. Diplomatic relations of Russia with the countries of Western Europe in the second half of the 17th century. – M.: University Printing House, 1852. – 152 p.
4. Kapustin MN Review of the subjects of international law. Issue 1 – 4. – M.: University Printing House, 1856-1859.
5. Kapustin MN On the meaning of nationality in international law. – M.: University Printing House, 1863.
6. Kapustin MN International law. – Yaroslavl: Printing house of the Provincial Zemstvo Council, 1873. – 87 p.
7. Ustinov V. M. In memory of M. N. Kapustin. Speech read at the St. Petersburg Legal Society on December 4, 1899 // Bulletin of Law. – 1900. – Jan.
8. Safaryan L. B. To the question of the scientific and legal worldview of Professor M. N. Kapustin // Modern Law. – 2009. – No. 9.
9. Yakovlev A. V. State-legal views of Mikhail Nikolaevich Kapustin: Abstract of… cand. legal Sciences. – M., 2014.
10. Kapustin M.N. Legal encyclopedia (dogmatics). – St. Petersburg: Printing house of a solitary prison, 1893.
CONSTITUTIONAL LAW
VORONTSOVA Madlena Aleksandrovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the North-West branch of the Russian State University of Justice
REPRODUCTIVE HUMAN RIGHTS AND THEIR CONSTITUTIONAL AND LEGAL NATURE
The article considers the constitutional and legal basis for the formation of reproductive rights as an independent institution. It is justified that reproductive rights are an integral part of the constitutional and legal status of the individual. It has been shown that the level of legal regulation in this area is characterized by significant fragmentation. It is noted that the importance of reproductive rights for humans and the state is comparable to such constitutional values as life, health, freedom and inviolability of the person. It is assumed that an adequate solution is the adoption of a federal law directly devoted to reproductive human rights, which will act as the basis for the further development of legislative regulation in this area and will contribute to strengthening the protection and protection of reproductive human rights.
Keywords: reproductive rights, constitutional and legal status, reproductive technologies, human rights, legal regulation.
Work bibliographic listt
1. Lomonosova M.V., Bogomyagkova E.S. Reproductive Human Rights and Assisted Reproductive Technologies: New Forms and Types of Inequality // Economic Strategies. 2015. V. 17. No. 9 (134). P. 90-97.
2. Maksimova I.A. The use of assisted reproductive technologies in the implementation of the right of citizens to medical care // International Journal of Civil and Commercial Law. 2018. No. 2. P. 43-46.
3. Martirosyan N.O. Legislative regulation of the implementation of human reproductive rights // Almanac of modern science and education. 2010. No. 6. S. 19-21.
4. Podolny N.A. Object of criminal law protection of reproductive rights // Nauka. Society. State. 2020. No. 4. P. 124-131.
5. Potseluev E.L., Danilova E.S. The concept and types of personal (somatic) human rights // Science. Society. State. 2015. No. 1. P. 1-10.
6. Romanovsky G.B. The concept of reproductive rights in the modern world // Citizen and Law. 2015. No. 7. S. 31-45.
7. Sidorenko E.L. Criminal legal protection of reproductive health: modern challenges // Economics. Taxes. Right. 2019. No. 2. P. 147-153.
CONSTITUTIONAL LAW
GRIPP Elvina Kharisovna
Ph.D. in Law, associate professor, associate professor of Legal studies sub-faculty of the of the North-Western branch of the Russian State University of Justice, associate professor of the North-Western Institute of Management of the RANEPA under the President of the Russian Federation
GRISHCHENKO Taras Alekseevich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the St. Petersburg University of MIA
YAKHINA Yuliya Kharisovna
Ph.D. in Law, associate professor, Dean of the Faculty of Law of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
CORRELATION BETWEEN INTERNATIONAL AND NATIONAL LAW (CONSTITUTIONAL AND LEGAL ANALYSIS OF ARTICLE 79 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION)
The authors analyze the content of Article 79 of the Constitution of the Russian Federation, which affects the relationship between international and national law. Its critical provisions are investigated and an objective assessment is given, taking into account the positions of the Constitutional Court of the Russian Federation. The authors state that, firstly, when interpreting Article 79 of the Constitution of the Russian Federation, it is necessary to understand that it is based on the sovereignty of the Russian state. Secondly, the Russian Federation does not refuse to fulfill international treaties and the decisions of interstate jurisdictional bodies based on them. The main task is to determine a constitutionally acceptable mechanism for the implementation by the Russian Federation of such decisions while steadily ensuring the highest legal force of the Constitution of the Russian Federation in the Russian legal system.
Keywords: constitution, Constitutional Court of the Russian Federation, amendments to the constitution, sovereignty of the state, interpretation of the constitution, supremacy of the constitution, international obligations, international treaty, state power, international law.
Work bibliographic list
1. Mullerson R.A. Correlation between international and national law. – M.: International Relations, 1992. – P. 1-36.
2. Glotov SA Russia and the Council of Europe: political and legal problems of interaction. – Krasnodar: Soviet Kuban, 1998. – 421 p.
3. Bartsits I. N. Rethinking the relationship between international and national law at the turn of eras (on an amendment to Article 79 of the Constitution of the Russian Federation) // Public Service. – 2020. – T. 22. – No. 1 (123). – S. 33-42.
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
THE PRACTICE OF ORGANIZING AND HOLDING ELECTIONS IN MODERN RUSSIA
The article discusses the practice of implementing the institution of elections in Russia. The stages of the electoral process are described in detail and consistently, their features and elements are identified, the necessary procedural aspects inherent in each stage are examined. The general linking role of timing, characteristic of each stage of the elections, is considered. The practical component of the organization of election campaigns is analyzed, which makes it possible to establish the functioning of one of the basic institutions of direct democracy. The importance of hierarchy and staging of elections in the conditions of modern legal reality is emphasized.
Keywords: elections, electoral process, stages, electoral process, election campaign.
Work bibliographic list
1. Gorban A.E. On some aspects of the constitutional and legal mechanism for ensuring the electoral rights of citizens at all stages of the electoral process // New legal bulletin. — 2019. — No. 3 (10). — pp. 4-6.
2. Korovin E.M. Electoral campaign: concept and temporal boundaries // Law enforcement. – 2020. – No. 1. – pp. 37-48.
CONSTITUTIONAL LAW
<ORLOVA Darina Sergeevna
student of the Baikal State University
SHASTINA Anzhelika Razmikovna
senior lecturer of Legal support of national security sub-faculty of the Baikal State University
ELECTRONIC REMOTE VOTING IN ELECTIONS: RUSSIAN EXPERIENCE
The authors analyze the use of remote electronic voting on the example of the elections to the State Duma of the Russian Federation in 2021 and conclude about the imperfections and gaps in the current Russian legislation. The main problems that arise in practice when implementing remote electronic voting are highlighted. A comparative legal analysis of the conduct of voting in person and remotely, using electronic resources, in compliance with the fundamental principles of electoral law was carried out. The conclusion is made about the need to comply with them in the conditions of a new, remote electronic voting format and recommendations are formulated for further legislative improvement of remote electronic voting.
Keywords: sale of confiscated property, material evidence, state information system of accounting.
Work bibliographic list
1. Demeshko I. V. Conceptualization of the concept “electoral system” through the prism of post-nonclassical legal rationality in Russian constitutional law // Baikal Research Journal. – 2016. – T. 7. –№ 1.
2. Keshikova N. V., Demeshko I. V. Sphere of organizing and holding elections to public authorities // Proceedings of the Irkutsk State Economic Academy (Baikal State University of Economics and Law). – 2015. – T. 6. – No. 3. – P. 28.
3. Avakyan S. A. Constitutional law of Russia. Training course. – “Norma: INFRA-M”, 2021. – P. 214.
4. Klimova Yu. N. Dispositions and sanctions of Russian and foreign criminal law norms on responsibility for falsification of election results // Criminological journal of the Baikal State University of Economics and Law. – 2015. – T. 9. – No. 3. – S. 548.
CONSTITUTIONAL LAW
RIZAYEVA Abidat Nadirovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
DENIKAYEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
MUNICIPAL SERVICE AND MUNICIPAL EMPLOYEES IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES
In December 1993, the Constitution of the Russian Federation was adopted and from that moment the course for democratization and the construction of a rule of law was officially proclaimed. It is known that the distinctive feature of the rule of law is the rule of law, and democracy presupposes the participation of the people in the management of state affairs. Russia is the largest country in the world, which makes it impossible to implement a direct form of democracy in these conditions. In this regard, local self-government is of great importance, that is, the system of organization and activity of citizens, which ensures the independent solution of local issues by the population, the management of municipal property, based on the interests of all residents of the relevant territory. This article attempts to conduct a comparative legal analysis of the institute of municipal service in Russia and abroad.
Keywords: local self-government, municipal service, municipal employee, legislation of foreign countries.
Work bibliographic list
1. Mitrokhina Ya. A. Municipal responsibility in Russia and foreign countries // Bulletin of SUSU. – 2015. – No. 1. – pp. 85-90.
2. Kasho V.S. Responsibility of bodies and officials of local self-government as a subject of municipal lawmaking // Journal of Russian Law. – 2011. – No. 6. – P. 35–40.
3. Petrova Yu. I., Butova T. V. International experience of the organization of the municipal service // Fundamental and applied research. – 2015. – No. 18. – pp. 181-184.
4. Kolesnikova E.V. Constitutional law of foreign countries. – M.: MGAP, 2011.
5. Shamkhalov M.A., Magomedov M.A. Peculiarities of municipal government in the USA // Education. The science. Scientific personnel. – 2019. – No. 1. – pp. 25-26.
6. Yangol N. G., Bolotina E. V. Legal status of municipal employees in France // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 1. – pp. 141-144.
CONSTITUTIONAL LAW
ZLOBINA Ekaterina Aleksandrovna
independent researcher
EFFECTIVENESS OF THE JUDICIARY
This article discusses the effectiveness of the judiciary through the prism of the effectiveness of the structure of this branch of government, developed and proposed starting points for improving the efficiency and sustainable functioning of this system of state power. The effectiveness of the judiciary is a complex, collective legal concept, including the optimality of judicial procedures, the expediency of the court’s actions to ensure a balance of interests of all participants in the dispute, objectivity, loyalty, independence, high professional skills and responsibility of the court, allowing reaching those facing the judiciary as a branch state power, socially useful purposes.
Keywords: judiciary, functioning efficiency, systems, state power, system of state power.
Work bibliographic list
1. Lapaeva V.V. Analysis of the quality of judicial activity in the process of legal monitoring (questions of theory and methodology) // Legislation and Economics, 2009. – No. 10. – pp. 7-16.
2. Petrukhin I. L., Baturov G. P., Morshchakova T. G. Theoretical foundations of the effectiveness of justice. – M.: Nauka, 1979. – 392 p.
3. Zrazhevskaya T. D. The effectiveness of the implementation of decisions of the Constitutional Court of the Russian Federation in the constituent entities of the Russian Federation // Problems of execution by federal state authorities and state authorities of the constituent entities of the Russian Federation of decisions of the Constitutional Court of the Russian Federation and constitutional (statutory) courts of the constituent entities of the Russian Federation: Materials of the All-Russian Conference ( Moscow, March 22, 2001) / Ed. M. A. Mityukova, S. V. Kabysheva, V. K. Bobrova, S. E. Andreeva. – M.: Formula of Law, 2001. – pp. 115-119.
4. Tatarinov S.A. On the criteria for determining the effectiveness of the administration of constitutional justice in the activities of the Constitutional Court of the Russian Federation // Legal problems of strengthening Russian statehood: Sat. articles. Part 34 / Ed. V. F. Volovich. – Tomsk: Tomsk Publishing House. un-ta, 2006. – pp. 34-38.
5. Andryushechkina I. N. Analysis of the main indicators of the activity of courts of general jurisdiction // Russian justice. – 2007. – No. 3. – pp. 65-71.
6. Chepunov O. I. On the effectiveness of the judiciary // Modern law. – 2009. – No. 5(1). – pp. 79-83; PimAlbers. The Asssesment of Court Quality: Hype or Global Trend? Hague Journal on the Rule of Law, 1: 2009. – R. 53-60 and others
7. Decree of the Constitutional Court of the Russian Federation of February 5, 2007 No. 2-P // СЗ RF. – 2007. – No. 7. – Art. 932.
8. Petrukhin I. L. Theoretical problems of the effectiveness of justice (in criminal cases): Diss. &helli; Dr. jurid. Sciences. – M., 1997; Kotarbinsky T. Treatise on good work. – M., 1972. – P. 121.
9. Plyukhina M.A. Procedural means of ensuring the effectiveness of civil proceedings. Abstract &helli; dis. cand. legal Sciences. – Yekaterinburg, 2002. – P. 9.
10. Kolokolov N.A. Judicial power as a general legal phenomenon. Diss. .. Doctor of Law. – N. Novgorod, 2007. – P. 146.
11. Larin A. M. Increasing the effectiveness of the investigation // Soviet state and law. – 1973. – No. 3. – pp. 106-113.
12. Efficiency of justice and problems of elimination of judicial errors / Otv. ed. V. N. Kudryavtsev. – M., 1975. – Part 1. – P. 168.
13. Tsikhotsky AV Theoretical problems of the effectiveness of justice in civil cases. – Novosibirsk, 1997. – P. 156.
14. Marchenko MN Judicial lawmaking and judicial law. – M.: Prospect. 2008. – S. 12 (512 p.).
CONSTITUTIONAL LAW
TERENTJEV Aleksey Sergeevich
Ph.D. in technical sciences, associate professor, associate professor of Logistics sub-faculty 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
LAW-MAKING ACTIVITIES OF THE UN AS A BASIS FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN THE MODERN WORLD
Human rights in the modern world are rightly recognized as a universal value, they represent a legal ideal for almost all modern, progressive states. Fundamental human rights are the most important feature for a legal, democratic, truly social state. An active, productive and persistent law-making activity of the UN played a significant role in such a rule of human rights and freedoms. The article discusses the fundamental foundations of the UN law-making activity in the field of protection of human rights and freedoms, actualizes the importance of basic legal documents in modern conditions of development of international legal reality, analyzes problems and contradictions in the field of human rights.
Keywords: human rights, UN Charter, Covenant of Human Rights, State obligations, Universal Declaration of Human Rights.
Work bibliographic list
1. Glushkova S.I. Discussions on topical issues of observance and protection of human rights (a review of the materials of the international conference on human rights) // Bulletin of the Humanitarian University. – 2017. – No. 1. – P. 126-132.
2. Naumova N.V. The Universal Declaration of Human Rights and Its Action in the Russian Federation // Young Scientist. – 2017. – No. 5. – P. 304-306.
3. Stremoukhov A. V., Stremoukhov A. A. The Prehistory of Human Rights and the Formation of the Concept of Human Rights in the Ancient World // Leningrad Journal of Law. – 2017. – No. 2. – P. 12-21.
ADMINISTRATIVE LAW
BAKULINA Irina Petrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Tyumen State University
PROBLEMS OF LEGAL REGULATION OF INTERACTION BETWEEN STATE AUTHORITIES AND LOCAL SELF- GOVERNMENT IN ENSURING BIOLOGICAL SAFETY AT THE REGIONAL LEVEL
The article examines the organizational and legal problems of interaction of state authorities in ensuring biological safety in the Russian Federation. Gaps in the legal regulation of the procedure of actions of state authorities and local self-government in cases of biological threats and the application of appropriate response measures have been identified. Proposals are formulated to improve the organizational and legal mechanism for ensuring biological safety.
Keywords: biological safety, sanitary and epidemiological welfare of the population, a response plan for biological threats (hazards), coordination of the activities of state authorities and local self-government.
Work bibliographic list
1. Agafonov V. B., Zhavoronkova N. G. Theoretical and legal problems of ensuring the biological safety of the Russian Federation // Actual problems of Russian law. – 2020. – No. 4. – P. 187-194.
2. Varlamova N.V. The COVID-19 pandemic as a challenge to the constitutional legal order // Comparative Constitutional Review. – 2020. – No. 6. – P. 17-30.
3. Zhavoronkova N. G., Shpakovsky Yu. G. Legal aspects of reforming the system of public administration for the protection of the population and territories in emergency situations: lessons from the COVID-19 pandemic // Bulletin of the O. E. Kutafin University. – 2020. – No. 3 (91). – P. 130-142.
4. Popova N. F. Measures of administrative coercion applied to ensure the sanitary and epidemiological welfare of the population // Russian justice. – 2021. – No. 3. – P. 16-19.
ADMINISTRATIVE LAW
ISTRATENKOV Aleksandr Yurjevich
lecturer of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
THE GOVERNMENT OF THE RUSSIAN FEDERATION AS A SUBJECT OF ADMINISTRATIVE LAW AND ITS ADMINISTRATIVE AND LEGAL STATUS
In the Russian Federation, the President, the Government and the Council of Federations are legislatively granted executive power in full. The Chairman of the Government is appointed by the President, members of the Cabinet of Ministers are approved, and the President also has the right to dismiss the Government. The activities of state bodies are carried out strictly in accordance with the current legislation and the Constitution of the Russian Federation. Under the bodies of state executive power, separate, organized components of the system of state bodies should be considered, which are created specifically for the regular and full implementation of functions related to public administration. At the same time, they are endowed with special state powers, which have a pronounced executive and administrative character. The Government is engaged in the implementation of economic functions: the process of developing the state budget, which will be approved by a decision of the Parliament, as well as economic work. These bodies own the state budget, and also have a number of other important functions.
Keywords: government, administrative and legal status, power, state, state bodies, executive bodies, structure.
Work bibliographic list
1. Abdrakhmanov, D.K. Constitutional bases of the status and activity of the Government of the Russian Federation. – M.: LAP Lambert Academic Publishing, 2020. – P.70.
2. Prudnikova, T.A. Administrative and legal status of executive authorities. (On the example of migration services). – M.: Unity-Dana, 2021. – P. 96.
3. Bratanovsky S.N. Administrative law. Special part: textbook. – M.: Direct-Media, 2020. – P. 112.
4. Lapina M.A. Administrative law. – M.: Education, 2019. – P. 110.
5. Melekhin A.V. Administrative law of the Russian Federation: a course of lectures. – M.: Prospekt, 2019. – P. 63.
6. Agapov A.B. Administrative law. – M.: Yurayt, 2021. – S. 413.
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
PAUK Natalya Nikolaevna
Ph.D. in pedagogical sciences, Deputy Head of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
USMANOVA Diana Rafaevna
Ph.D. in Law, lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ADMINISTRATIVE AND LEGAL STATUS OF THE NOTARY: CONTENT AND SOME PROBLEMS OF LEGISLATIVE REGULATION
The study is devoted to the problems of the administrative and legal status of a notary. In the article, the authors identified the features and revealed the content of this status, conducted a comparative study with the status of a public employee. As a result of the study, the authors conclude that it is necessary to further study the public law aspects of the notary and formulate a proposal to improve legislation aimed at expanding the powers of the notary in terms of obtaining information.
Keywords: notary; public law regulation; administrative and legal regulation; justice.
Work bibliographic list
1. Volkova A. M. Administrative law in questions and answers: textbook. – Publishing house. “Prospekt”, 2018. – P. 123-128.
2. Cheremnykh I. G. Formation of an independent notary in Russia as an institution for the implementation of law enforcement: dissertation … doctor of legal sciences – M. , 2007. – P. 132-136.
3. Yurchenko V. V. The essence of the mechanism for ensuring the implementation of the administrative and legal status of a notary // Bulletin of the Novosibirsk State University. Series: law. – 2013. – No. 1 (9) – pp. 43-49.
ADMINISTRATIVE LAW
VISLOGUBOVA Oksana Igorevna
adjunct of Constitutional and administrative law sub-faculty of the Krasnodar University of the MIA of Russia
THE EMERGENCE OF NEW CATEGORIES OF ROAD USERS: HISTORY, STAGES, PROSPECTS
The article, which was prepared based on the results of the dissertation research for the degree of Candidate of Legal Sciences, examines the historical and legal aspects of the emergence of new categories of road users. The author analyzes the measures of public administration in the field of road safety taken when various new road users for their time appear and deduces the stages of securing their legal status characteristic of such a situation. The author’s solutions to the problems associated with the emergence of new road users are proposed.
Keywords: new categories of road users, stages of formation, prohibitive measures, prospects for new types of vehicles, regulatory measures, adaptation of legislation, construction of appropriate infrastructure, admission to participation in road traffic, regulation of the legal status of new categories of road users.
Work bibliographic list
1. Shlenkin A. A. «invention of the bicycle» as a stage in the development of a human vehicle // In the world of scientific discoveries: Proceedings of the V International Student Scientific Conference, Ulyanovsk, May 20-21, 2021. – Ulyanovsk: Ulyanovsk State Agrarian University. P. A. Stolypin, 2021.
2. Belyukov D. A. From the history of the development of cycling in Russia (the end of the 19th beginning of the 20th century) // New Historical Bulletin. – 2011. – № 28.
3. Shevchenko P. N. Development of a road safety system in the Russian Empire (XIX – early XX centuries) // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – № 9.
4. Zatolokin A. A. Improving the legal and organizational basis for the activities of the State Traffic Inspectorate for the registration and accounting of vehicles as a public service // Bulletin of the KRU of the Ministry of Internal Affairs of Russia. – 2010. – No. 4. – P. 148.
5. Mayorov V. I. Modernization of the control and supervision system: a new regulatory policy // Administrative law and process. – 2019. – No. 11.
ADMINISTRATIVE LAW
YAVNAYA Tatyana Aleksandrovna
student of the Institute of History and Public Administration of the Bashkir State University
PSHIBYLSKIY Daniil Yurjevich
student of the Institute of History and Public Administration of the Bashkir State University
LOSS OF CULTURAL HERITAGE OBJECTS: FROM LEGAL CONFLICTS TO CONSERVATION METHODS
The article examines the legal problems of bringing to responsibility for the loss of cultural heritage objects. The main legal conflicts are described and examples based on court proceedings on objects of cultural heritage of Ufa are shown. The main measures for solving these conflicts in modern legal theory are described and comments on them are given. The author points out some recommendations for solving the problem of preserving cultural heritage objects and notes actual problems that require legal clarification.
Keywords: OKN, cultural heritage, adjustment of legislation, administrative law, criminal law.
Work bibliographic list
1. Martysheva O. M. Article 243 of the Criminal Code of the Russian Federation and Article 7. 14. 1 of the Code of Administrative Offenses of the Russian Federation: fundamental differences // Innovative science. – 2016. – No. 4. – pp. 156-157.
2. Khalikov I. A. Violation of the requirements for the preservation and use of objects of cultural heritage: problems of qualification and delimitation from related offenses // Library of Criminal Law and Criminology. – 2017. – No. 3 (21). – pp. 175-180.
3. Shalagin A.E. Criminal law protection of monuments of history and culture in the Russian Federation // Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (10). – pp. 96-101.
4. Khalikov I. A. On the issue of a special subject of a crime under article 243. 1 of the Russian Federation Code // Bulletin of the Udmurt University. Series “Economics and Law”. – 2017. – No. 6 (27). – pp. 150-153.
5. Lebedev A.I., Matveeva L.D., Usmanov I.Yu. Problems of preservation and rational use of cultural heritage in the Republic of Bashkortostan: economic and legal aspects // Vestnik UGNTU. Science, education, economics. – 2013. – No. 3 (5). – pp. 44-48.
MUNICIPAL LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
ANOKHINA Viktoriya Sergeevna
magister student of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
IMPROVEMENT OF PERSONNEL TECHNOLOGIES IN PERSONNEL MANAGEMENT OF REPRESENTATIVE BODIES OF LOCAL SELF-GOVERNMENT
The article reflects the issues of the application and improvement of personnel technologies in the management of the personnel of representative bodies of local self-government, examines the types of personnel technologies, assesses the possibility of their use in the management of the personnel of representative bodies of local self-government, proposes the introduction of such personnel technologies as an evaluation interview with the staff of a representative authority, based on the results of which a rating of municipal employees is formed. To conduct an evaluation interview with municipal employees, it is proposed to develop a sample of feedback on problems and achievements in the activities of a municipal employee.
Keywords: personnel technologies, municipal employees, representative bodies of local self-government, evaluation interview, rating
Work bibliographic list
1. Mitin A. N., Shaykhatdinov V. Sh. Law of the state and municipal service. – M.: «Prospect», 2017. – P. 16.
2. Technology of personnel management: Handbook of a manager / Comp. P. V. Zhuravlev, S. A. Kartashov, N. K. Mausov, Yu. G. Odegov. – M.: Exam, 2015. – P. 56.
3. Matveev VV Foreign experience of public service personnel management and its adaptation to the conditions of Russia // State and municipal management. Scientific notes. – 2020. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zarubezhnyy-opyt-upravleniya-personalom-gosudarstvennoy-sluzhby-i-ego-adaptatsiya-k-usloviyam-rossii.
4. Andryukhina I. Yu. Improvement of personnel policy in the system of state civil service: foreign experience // Bulletin of the Expert Council. – 2021. – No. 2 (25). – pp. 14-18. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=46279796.
MUNICIPAL LAW
MIRZAEV Mirza Abdullaevich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Dagestan State University
PERSONNEL POTENTIAL OF THE MUNICIPAL SERVICE: RECRUITMENT AND PLACEMENT OF PERSONNEL
The article deals with the problems of the formation of the personnel potential of the municipal service, as well as the features of the selection, evaluation and placement of personnel of municipal employees. The relevance of the topic of the article is due to the fact that in modern conditions there is a constant shortage of highly qualified specialists in the field of municipal service who are able to solve and implement issues at the level of their competencies. The ways of increasing the efficiency of the personnel potential of the municipal service are determined. In conclusion, conclusions are drawn about the need to improve the legislation regulating the personnel potential of municipal employees, as well as ways to solve the problems considered.
Keywords: personnel potential, municipal service, recruitment and placement of personnel, personnel reserve, legislation, competence of personnel.
Work bibliographic list
1. Anpilogov V. S. Mechanisms and specifics of the formation of personnel policy in the system of municipal service // Bulletin of the Voronezh Institute of Economics and Social Management. – 2020. – No. 3. – pp. 54-58.
2. Bychkova N. P., Bovel E. A. The main directions of improving the procedure for selecting personnel for the municipal service // Natural Humanitarian Studies. – 2018. – No. 20(2). – pp. 23-25.
3. Vysotsky I.V., Luchnikova N.S., Chmutina E.V. Development of the personnel potential of the municipal service in modern conditions // Actual problems of development of economics and management in modern conditions: materials of the II Intern. scientific-practical. conf. / Rev. ed. I.L. Surat. – M., 2019. – pp. 279-287.
4. Zhelninskaya A. A., Novikova L. A. The main problems of the formation of the personnel potential of the municipal service in modern conditions // Bulletin of the Voronezh Institute of High Technologies. – 2019. – No. 4 (31). – pp. 85-87.
5. Kurshieva N. M. The procedure for recruiting personnel in local governments, state and municipal management in the XXI century: theory, methodology, practice. – 2013. – No. 6. – P.133-137.
6. Orlova A. S., Parkhomchuk M. A. Ways to solve the problems of forming the personnel potential of the state and municipal service in modern conditions // Youth and systemic modernization of the country: collection of articles. Art. 4th Intern. scientific conf. students and young scientists. – Kursk, 2019. – 287-290.
7. Furman E. N. Personnel potential of local governments: problems and ways of development // Theoretical and applied problems of modern science and education: materials of the international. scientific-practical. conf. – Kursk, 2019. – pp. 513-524.
8. Khamzina R. R. Personnel potential of the municipal service as a form of improvement of local self-government // The role of local self-government in the development of the state at the present stage: Sat. tr. V international scientific-practical. conf. / Ed. S. P. Kosarin, I. V. Milkina. – M., 2020. – pp. 374-375.
9. Shvydko K. I. On the development of the personnel potential of the municipal service of the Russian Federation in modern conditions // Social and economic development of Russia: problems, trends, prospects: collection of articles. scientific Art. 19th Intern. scientific-practical. conf.: in 5 volumes – M., 2020. – pp. 322-324.
10. Yusupova T. A. Tasks and principles of personnel policy in local governments // Trends in the development of science and education. – 2020. – No. 66-2. – pp. 154-157.
11. Lukashchuk V. I. Evaluation of the effectiveness of local self-government bodies in the formation of the personnel potential of the municipal service // Vector of the economy: electronic scientific journal. – 2022. – No. 2 (68). – P. 3. [Electronic resource]. – Access mode: www.vectoreconomy.ru (date of access: 04.07.2022).
MUNICIPAL LAW
OMRAN Bashar
postgraduate student of Municipal law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MECHANISMS OF FORMATION OF LOCAL ADMINISTRATION BODIES IN THE SYRIAN ARAB REPUBLIC
It is quite difficult to organize the effective work of government in countries with a diverse population, traditions and geographical landscapes, and this process is much more difficult in a country that is in constant war and under sanctions. It is for this reason that the mechanisms for the formation of local administration bodies operating in the Middle East region are of interest. In this article, through the prism of various arguments, the author analyzes three main mechanisms: elections, appointments and mixed. Each of these mechanisms satisfies the needs of the Syrian Arab Republic to one degree or another, but not one of them is fully reflected. Based on the current situation, paying attention to the problems that arose after the government’s attempt to transform the management process, as well as analyzing the facts and opinions cited, the author comes to the conclusion that the democratic approach to solving these problems is not always the only correct one. Based on the results of the work done, the author gives recommendations for solving the problems that have arisen and achieving the set goals: effective implementation of their powers by local administrations and councils, increasing the political and legal literacy of the population, increasing the investment attractiveness of the regions and the country as a whole.
Keywords: local administration, local councils, central government, state power, decentralized power, election, democracy, local authorities, independence, members of local councils, institution of power, administrative competencies.
Work bibliographic list
1. The Constitution of the Syrian Arab Republic (adopted by referendum on February 26, 2012) [Electronic resource]. – Access mode: http://worldconstitutions.ru/?p=459 (date of access: 06/09/2022).
2. Law “On Local Administration” No. 107 of August 23, 2011 [Electronic resource]. – Access mode: http://www.parliament.gov.sy/arabic/index.php?node=201&nid=4390&ref=tree (accessed 06/09/2022).
3. Attar F. Administrative law: a comparative study. Cairo Library. – Cairo, 1970.
4. Nakhili S. Administrative law. – Baath University, 2013.
5. Farida M. Local People’s Councils within the System of Political Pluralism in Algerian Legislation: dis. … cand. legal Sciences. – Konstantin, 2005.
6. Hamdi A. M. Modern trends in local administration systems: dis. … cand. legal Sciences. Ain Shams University. – Egypt, 1973.
7. Waline M. Droit Administration, 9e edition. – Paris, 1963.
8. Vedel G. Droit Administratif, 5éd, série themis, 1972.
MUNICIPAL LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
TIKHOMIROVA Ekaterina Nikolaevna
magister student of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
COMPETENCE ASSESSMENT IN THE SYSTEM OF STATE CIVIL AND MUNICIPAL SERVICE
The article substantiates the introduction of competence assessment into the system of state civil and municipal service, examines the types of competencies of state civil and municipal employees, proposes an annual competence assessment of the personnel of public authorities and local self-government. For its implementation, it is necessary to develop regulations and tools that will allow state authorities and local governments to identify the level of competence of employees.
Keywords: competence, competence assessment, civil and municipal employees, public authorities and local self-government.
Work bibliographic list
1. Handbook of qualification requirements for specialties, areas of training, knowledge and skills that are necessary to fill positions in the state civil service, taking into account the area and type of professional service activity of state civil servants // Ministry of Labor of Russia.
2. Tikhomirov Yu. A. Theory of competence. – M.: Yuriinformtsentr, 2001. – S. 55-56.
3. Basinskaya I. V. Competence-based approach to human resources management // Humanitarian and economic bulletin. – Minsk: Humanitarian and economic bulletin. – No. 3. – P. 121.
4. Vasilyeva E. A. Professional activity of civil servants: a competence-based approach // Bulletin of St. Petersburg University. Sociology. – 2019. – T. 12. – Issue. 4. – S. 332.
5. Borodina A. V. “Competencies of the future” and peculiarities of their formation among students in the programs of additional professional education (on the example of state and municipal government) // Bulletin of VEGU. – 2018. – No. 6 (98). – S. 15–27.
6. Andryukhina I. Yu. Improvement of personnel policy in the system of state civil service: foreign experience // Bulletin of the Expert Council. – 2021. – No. 2 (25). – S. 14-18. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=46279796.
CIVIL LAW
AVAKYAN Alesya Mnatsakanovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Law Faculty of the Kuban State University
ROGALSKAYA Darya Sergeevna
student of the Law Faculty of the Kuban State University
СERTAIN ISSUES OF LEGAL REGULATION OF MORTGAGE INSURANCE IN THE RUSSIAN FEDERATION
The article considers the actual issues of the implementation of the rules of the complex mortgage insurance contract. The problem connected with the limited number of insured events in the personal insurance contract is noted, and the aspect of forcing the debtor to conclude a voluntary life and health insurance contract under the threat of an increase in the interest rate in the mortgage loan agreement is considered.
Keywords: mortgage insurance, insurance services, mortgage lending, interest rate, property insurance, personal insurance.
Work bibliographic list
1. Kovalenko E. Yu., Filippova T. A. Legal support of the interests of the parties to the mortgage lending agreement // Vestnik OmGU. Right. – 2019. – No. 1. – S. 42-47.
2. Sviridov O. Yu., Nekrasova I. V. Misseling as the main form of unfair sales of financial products in Russia: causes and methods of counteraction // State and municipal management. Scientific notes. – 2018. – No. 4. – P. 74-82.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
THE RIGHT OF A CITIZEN TO BURIAL AND PROTECTION OF BURIAL SITES
The article discusses the norms of civil legislation on the regulation of the rights of Russian citizens to burial. This right is given to citizens in accordance with the norms of federal legislation and other subordinate regulatory legal acts. Such a right is unique to the institutions of civil doctrine, since although every citizen knows about its existence during his lifetime, but the realization of this right is possible only with the death of a citizen. The problem of supermortality during the pandemic years has led to problems related to the implementation of this right. The shortage of burial sites and funeral services led the legislator to the possibility of solving funeral issues by creating new private structures. At the same time, the legislator has not yet decided how the right of citizens to burial will be respected and what possible actions during their lifetime will need to be carried out.
Keywords: civil legislation, the right to burial, funeral business, private cemeteries, burial sites.
Work bibliographic list
1. Table: Mortality in Russia by years. – [Electronic resource]. – Access mode: https://worldtable.info/gosudarstvo/smertnost-v-rossii-po-godam-tablica.html. (accessed 05.05.2022).
2. Mortality in Russia over the past year has become a record since the war – Vedomosti. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2021/11/29/898151-umershih-antirekord (Accessed 05.05.2022).
3. Funeral home “Ritual” Ryazan region. – [Electronic resource]. – Access mode: https://www.ritualryazan.com (accessed 05.05.2022).
4. Regions may be given the right to make decisions on the creation of private cemeteries – Parliamentary newspaper. – [Electronic resource]. – Access mode: https://www.pnp.ru/social/regionam-mogut-dat-pravo-prinimat-resheniya-o-sozdanii-chastnykh-kladbishh.html (accessed 05.05.2022).
5 . Organization of the funeral business in European countries. – [Electronic resource]. – Access mode: https://studme.org/355504/prochie/organizatsiya_pohoronnogo_dela_
evropeyskih_stranah (Accessed 05.05.2022).
6. Decision dated October 12, 2021 in case No. А46-11231/2021. – [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/oSE7fohxFNu/ (accessed 05.05.2022).
CIVIL LAW
AKSENOV Aleksandr Vladimirovich
postgraduate student of the Peoples’ Friendship University of Russia
THE CONCEPT OF A SMART CONTRACT IN THE LAW OF RUSSIA, BELARUS, THE EU AND THE USA
The article analyzes the definition of the concept of a smart contract in domestic and foreign legislation. The main steps of the Russian Federation to introduce the designated type of contract into the legal field are presented. The states that do not recognize smart agreements are listed. It has been studied that without considering the experience of foreign countries, the introduction of a smart contract in the Russian Federation will not be effective enough. In view of the above, the concepts of a smart contract in Belarus, the USA and the EU countries were analyzed. Based on the results of the study, conclusions were drawn about the prospects for the development of Russian legislation, about the positive and negative aspects of the type of contract under consideration.
Keywords: smart contract, cryptocurrency, blockchain, smart contract regulation, smart contract in foreign countries.
Work bibliographic list
1. Civil Code of the Russian Federation (Civil Code of the Russian Federation) (as amended on February 25, 2022). – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 05/18/2022).
2. Federal Law “On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation” dated March 18, 2019 No. 34-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 05/18/2022).
3. Federal Law “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation” dated July 31, 2020 No. 259-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 05/18/2022).
4. Decree of the President of the Republic of Belarus No. 148 “On Digital Banking Technologies” (signed April 18, 2019). – [Electronic resource]. – Access mode: https://president.gov.by/ru/documents/ukaz-148-ot-18-aprelja-2019-g-20911 (date of access: 05/18/2022).
5. Gavrilov V. N., Prokhorov N. A., Shakhnavazov A. A. Analysis of smart contracts as objects of civil rights in the legislation of the Republic of Belarus and the Russian Federation // Youth collection of scientific articles «Scientific aspirations». – 2020. – No. 27. – P. 11.
6. Gladkova S. B., Drobov D. E., Smirnova E. S. Legislative transformations in the area of concluding transactions in electronic form // Law and Law. – 2020. – No. 12. – P. 7.
7. Ermakova E. P., Frolova E. E. Legal regulation of digital banking in Russia and foreign countries (European Union, USA, China) // Bulletin of Perm University. Ser.: Jurid. Science. – 2019. – No. 46. – P. 619.
8. Efimova L. G., Mikheeva I. V., Chub D. V. Comparative analysis of doctrinal concepts of legal regulation of smart contracts in Russia and in foreign countries // Law Journal of the Higher School of Economics. – 2020. – No. 4. – P. 79.
9. Koshelev K. A. Definition of the category “digital financial assets”: economic, legal and accounting aspects // Innovations and investments. – 2021. – No. 2. – P. 6.
10. Osmolovskaya A.S. Smart contracts: functions and applications // Business education in the knowledge economy. – 2018. – No. 2 (10). – P. 19.
11. Rusakova E.P. Some issues of resolving financial disputes by arbitration centers in the socialist republic of Vietnam // Eurasian Law Journal. – 2019. – No. 8 (135). – P. 30.
12. De Filippi P. Blockchain technology as a regulatory technology. – [Electronic resource]. – Access mode: http://firstmonday.org/ojs/index.php/fm/article/view/7113/5657 (Accessed 05/18/2022) De Graaf T. From old to new: From internet to smart contracts and from people to smart contracts. Computer Law & security review. – 2019. – Issue 5. – Rp. 50.
13. Szabo N. Smart contracts // Phonetic Sciences. – [Electronic resource]. – Access mode: http://www.fon.hum.uva.nl/rob/Courses/InformationInSpeech/CDROM/Literature/LOTwinterschool2006/szabo.best.vwh.net/smart_contracts_2.html (accessed 18.05.2022).< br />14. On electronic identification and trust services for electronic transactions in the domestic market (eIDAS). – [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2014.257.01.0073.01.ENG.
CIVIL LAW
DASHIN Aleksey Viktorovich
Ph.D. in Law, professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
SEMENOVA Angelina Aleksandrovna
magister student of the 1st course of the Samara State University of Economics
RECOVERY OF THE AMOUNT OF ADMINISTRATIVE FINE AS COMPENSATION FOR DAMAGES
The article is devoted to topical problems of law enforcement in the field of recovery from guilty persons of administrative fines in recourse as compensation for real damage from a counterparty or another person guilty of causing non-contractual harm. The authors focus on the need to amend the current legislation of the norms governing the rights of third parties, as well as the institution of prejudice of recourse claims.
Keywords: administrative fine, damages, recourse claim, real damage, guilty person, prejudice.
Work bibliographic list
1. Civil law: Textbook: In 3 volumes / Ed. A. P. Sergeev, Yu. K. Tolstoy. 4th ed., revised. and additional – M.: TK Velby; Prospect, 1999. – Vol. 1. – P. 533.
2. Civil Law: Textbook. T. 1 / Ed. E. A. Sukhanova. – M., 2000. – S. 431.
3. Karapetov A. G. Models of protection of civil rights: an economic view // Bulletin of economic justice of the Russian Federation. – 2014. – No. 11. – S. 24-80; No. 12. – P. 24-73.
4. Leist O. E. Sanctions and responsibility under Soviet law. – M., 1981. – S. 166.
CIVIL LAW
KOMAREVTSEVA Irina Alekseevna
Ph.D. in Law, 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
THE SYSTEM OF PRINCIPLES OF RUSSIAN INHERITANCE LAW: DEVELOPMENT TRENDS
The study of the issue of the system of principles of inheritance law is particularly relevant in the context of the reform of the Russian inheritance legislation. To date, the most significant principles of modern Russian inheritance law include the principle of universality of hereditary succession and the principle of freedom of will. The authors emphasize that at the present stage, the content of these principles has received its normative consolidation for the first time in the history of Russian inheritance legislation. The article notes that, taking into account the continuity of legal regulation of property inheritance relations, the modern system of principles of Russian inheritance law largely repeats the system of principles of inheritance law that developed during the Soviet period of the development of inheritance legislation.
Keywords: inheritance law, principles of inheritance law, universality of hereditary succession, freedom of will.
Work bibliographic list
1. Civil law: textbook: in 4 volumes / Responsible. ed. E. A. Sukhanov. – Moscow: Statute, 2019.
2. Kirillova E. A. The meaning and role of the principles of inheritance law // Bulletin of the Perm University. Legal Sciences. – 2012. – No. 3. – pp. 114-124.
3. Nikityuk PS Inheritance law and hereditary process. – Kishinev: Shtiintsa, 1973.
4. Punko T. N. Principles of inheritance law // Russian justice. – 2012. – No. 11. – P. 31 – 33.
5. Serebrovsky V. I. Selected Works. – M.: Statut, 1997.
6. Soviet civil law: textbook. – M.: Yurid. lit., 1983.
7. Tolstoy Yu. K. Inheritance law: textbook. – M., 1999.
8. Cheremnykh GG Inheritance law in Russia: textbook. – M., 2009.
CIVIL LAW
LUKMANOVA Irina Nikolaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the All-Russian State University of Justice, Sochi (RLA of the Ministry of Justice of Russia)
PECULIARITIES OF INHERITANCE INTELLECTUAL RIGHTS IN THE RUSSIAN FEDERATION
In the article, the author considers the features and identifies some problems of inheritance of certain categories of intellectual rights: exclusive law, personal non-property rights and other intellectual rights. The categories of intellectual rights that are not subject to inheritance are determined. It has been established that the problem of confirming the existence of such rights is the main one in the inheritance procedure. It was concluded that it is necessary to amend the current legislation of the Russian Federation in order to specify the norms on the inheritance of intellectual rights.
Keywords: inheritance; intellectual rights, exclusive right, personal non-property rights, other intellectual rights.
Work bibliographic list
1. Kosinkov VV Inheritance of intellectual rights: dis. &helli; cand. legal Sciences. – Saratov, 2017. – 224 p.
2. Blinkov O. E. New Russian legal order in the field of inheritance of copyright and related rights // Inheritance Law. – 2008. – No. 1. – pp. 8-10.
3. Gavrilov E. P. Inheritance of intellectual rights // Patents and licenses. – 2008. – No. 3. – pp. 21-27.
4. Rozhkova M. A. “Triad” Intellectual Property Rights: Is the Legislative Approach Correct // Journal of the Intellectual Property Rights Court. – 2016. – No. 11. – pp. 14-18.
5. Novoselova L., Kolzdorf M. Name of the place of origin of goods: problems of regulation and directions of development // Economy and law. – 2017. – No. 5. – pp. 3-11.
6. Verkholetov M.A. On some features of the inheritance of the exclusive right to a commercial designation // Inheritance Law. – 2016. – No. 3. – pp. 33-36.
7. Grishaev S. P. Inheritance law: educational and practical guide. – M.: Prospekt, 2017. – 184 p.
8. Serebrovsky V. I. Civil law. Textbook. – M.: NKJU USSR, 1944. – 231 p.
9. Folgerova Yu. N. Inheritance of personal non-property rights of the author of the work // Actual problems of law in Russia and the CIS countries 2010: materials of the XII International scientific and practical conference with elements of a scientific school. – Chelyabinsk, 2010. – pp. 314-319.
10. Korobeynikova T. S. The powers of heirs in relation to the author’s personal non-property rights included in the inheritance // Baltic Humanitarian Journal. – 2021. – No. 2 (35). – pp. 355-358.
CIVIL LAW
MAKSIMOVA Elena Vyacheslavovna
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise, Institute for the Humanities, Peter the Great St. Petersburg Polytechnic University
OVCHINNIKOVA Elizaveta Olegovna
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
PROBLEMS OF CONCLUDING A HEAT SUPPLY CONTRACT
The article is aimed at studying the kind of the heat supply contract, the analysis of the essence and content of housing and legal norms. In the course of the study, the author identifies existing problems that arise in the process of concluding heat supply contracts, in particular, the emphasis is on new construction and reconstruction facilities. Based on the studied materials of judicial practice, the author suggests ways to improve the legal mechanism for regulating this sphere of public relations.
Keywords: heat supply contract, resource-supplying organization, power plant, heat supply system, subscriber.
Work 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) // Collection of Legislation of the Russian Federation. – 07/01/2020. – No. 31. – Art. 4398.
2. Federal Law of July 27, 2010 N 190-FZ “On Heat Supply” // Collection of legislation of the Russian Federation of August 2, 2010 – No. 31. – Art. 4159.
3. Civil Code of the Russian Federation (Part Two) dated January 26, 1996 No. 14-FZ (as amended on July 1, 2021, as amended on July 8, 2021) (as amended and supplemented, effective from January 1, 2022) / / Collection of legislation of the Russian Federation of January 29, 1996 – No. 5. – Art. 410.
4. Order of the Ministry of Energy of the Russian Federation dated March 24, 2003 N 115 “On approval of the Rules for the technical operation of thermal power plants”// Rossiyskaya Gazeta dated September 16, 2003 – No. 184.
5. The decision of the Arbitration Court of the city of St. Petersburg and the Leningrad Region dated July 12, 2016 in case No. A56-96731 / 2015. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/AO2J64ZFGdQV/?/ (date of access: 24.04.2022).
6. Resolution of the Thirteenth Arbitration Court of Appeal dated December 19, 2017 in case No. А56-96731/2015. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/f7hzXi5QVOm3/?/ (date of access: 24.04.2022).
7. Decree of the Government of the Russian Federation of August 8, 2012 No. 808 “On the organization of heat supply in the Russian Federation and on amendments to some acts of the Government of the Russian Federation”// Collection of legislation of the Russian Federation of August 20, 2012 – No. 34. – Art. 4734.
8. Decree of the Government of the Russian Federation of November 30, 2021 N 2115 “On approval of the Rules for connection (technological connection) to heat supply systems, including the rules for non-discriminatory access to services for connection (technological connection) to heat supply systems, the Rules for non-discriminatory access to services for the transmission of heat energy, coolant, as well as on the amendment and invalidation of certain acts of the Government of the Russian Federation and certain provisions of certain acts of the Government of the Russian Federation. // Collection of Legislation of the Russian Federation of December 6, 2021 – No. 49 (Part II). – Art. 8301.
9. Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 16, 2010 No. VAS-4451/10. [Electronic resource]. – Access mode: https://base.garant.ru/1798675/?/ (date of access: 24.04.2022).
10. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on April 16, 2022) // Collection of Legislation of the Russian Federation of January 7, 2002 No. 1 (Part I) Art. 1.
11. Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of public services to owners and users of premises in apartment buildings and residential buildings” // Collection of legislation of the Russian Federation of May 30, 2011 – No. 22. – Art. 3168.
CIVIL LAW
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
POLICY OF THE RUSSIAN FEDERATION IN THE FIELD OF MIGRATION
The problem of population migration is relevant for the modern world, since migration affects public life and is due to a high degree of intensity of migration processes, which directly affects the interests of Russia as a host country. Therefore, it is necessary to purposefully influence the state on migration processes. Migration is an effective resource for ensuring the national interests of the country, migrants are full members of Russian society, and the fixed position of goals and objectives allows us to talk about a new historically unique stage in the development of migration policy. In this connection, consideration of the main stages in the formation of migration policy is of particular importance for the modern Russian state.
Keywords: migration policy, modern stage, Russian Federation, migration processes, migration registration, migrants, legislation in the field of migration.
Work bibliographic list
1. International Migrant Stock 2019 // United Nations, Department of Economic and Social Affairs. Population Division. (United Nations database, POP/DB/MIG/Stock/Rev.2019). 2019. [Electronic resource]. – Access mode: https://bit.ly/3ucTMPk (date of access: 08/22/2021). 0 P. 35.
2. Law of the Russian Federation of February 19, 1993 No. 4530-1 “On forced migrants” (as amended on December 08, 2020) // Gazette of the SND and the Armed Forces of the Russian Federation. – 1993. – No. 12. – Art. 427; 2020. – No. 50 (part 3). – Art. 8074.
3. Federal Law No. 4528-1 of February 19, 1993 “On Refugees” (as amended on December 08, 2020) // Gazette of the SND and the Armed Forces of the Russian Federation. – 1993. – No. 12. – Art. 425; 2020. – No. 50 (part 3). – Art. 8074.
4. Decree of the President of the Russian Federation of 09.10.2007 No. 1351 “On approval of the Concept of the demographic policy of the Russian Federation for the period up to 2025” (as amended on July 1, 2014) // SZ RF. – 2007. – No. 42. – Art. 5009; 2014. – No. 27. – Art. 3754.
5. Decree of the Government of the Russian Federation of February 22, 2019 No. 265-r “On the action plan for the implementation in 2019-2021 of the concept of the state migration policy of the Russian Federation for 2019-2025” (as amended on November 3, 2020) // SZ RF. – 2019. – No. 9. – Art. 869; 2020. – No. 45. – Art. 7192.
6. Decree of the Government of the Russian Federation of March 1, 2003 No. 256-r “On the Concept of Regulation of Migration Processes in the Russian Federation” // SZ RF. – 2003. – No. 10. – Art. 923.
7. Gainutdinova E. I. Migration processes in Russia: the main problems and the legal mechanism for their coordination // International public and private law. – 2019. – No. 4. – P. 4.
8. Mikhailishcheva V.D. Migration policy in the context of the national interests of the Russian Federation // Modern Science. – 2021. – No. 4-3. – S. 451.
CIVIL LAW
PETROV Nikolay Vladimirovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the North Caucasian Federal University
THE PROBLEM OF DETERMINING THE STATUS OF THE STATE IN CIVIL LEGAL RELATIONS ON AGRICULTURAL INSURANCE
Purpose: to substantiate the possibility of the participation of the state as an independent entity in civil law relations on agricultural insurance carried out with state support.
Results: creation of a scientific position that justifies the possibility of the participation of the state as an independent entity in civil law relations on agricultural insurance carried out with state support.
Relevance of the topic: the topic of scientific research chosen by the author is relevant, since the status of the state in civil law relations, especially in the field of agricultural insurance, is still debatable in the scientific community.
Scientific novelty: the scientific work has novelty, since it is an independent author’s study of one of the possible ways to resolve the issue of state participation in civil law relations.
Keywords: insurance, state, civil law relationship, state support, harvest
Work bibliographic list
1. Akmanov S.S. Agricultural insurance contract with state support: design, essential conditions and legal nature // Law and Politics. 2017. No. 2. P. 100-117.
2. Braginsky M.I. Participation of the Soviet state in civil legal relations. M.: Legal Literature, 1981. 190 p.
3. Goloviznin A.A. Some issues of participation in the civil circulation of public authorities (local government) // Economy and law. 1999. No. 6. P. 62-64.
4. Inzhieva B.B. Participation of the state in modern civil circulation. M.: Yustitsinform, 2014. 183 p.
5. Kirilova N.A. Civil liability of the state: author. dis. &helli; cand. legal Sciences. Moscow, 2003. 34 p.
6. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 19, 2018 No. 308-ES17-13889 in case No. A32-41315 / 2016 // Official portal of the Federal Arbitration Courts of the Russian Federation. [Electronic resource]. – Access mode: http://kad.arbitr.ru/Document/Pdf/b796900e-18c9-4fc5-bdd0-144c844548b7/33ea0597-8673-43d8-bea4-cd9003213f77/A32-41315-2016_20180119_Opredelenie.pdf? accessed 07/01/2022).
7. Decree of the Administration of the Volgograd Region dated January 25, 2016 No. 10-p // Official portal of the Volgograd Region 2019. [Electronic resource]. – Access mode: https://ksh.volgograd.ru/apk/strahovanie-rast/terms.php (accessed 07/01/2022).
8. Ryzhenkov A.Ya. Individualism and paternalism in civil legislation // UP. 2017. No. 3 (82). pp. 159-164.
9. Federal Law No. 260-FZ of July 25, 2011 “On State Support in the Sphere of Agricultural Insurance and on Amendments to the Federal Law “On the Development of Agriculture”” // SZ RF, 08/01/2011, No. 31, Art. 4700.
CIVIL LAW
RYZHENKOV Anatoliy Yakovlevich
Ph.D. in Law, professor, professor of Civil law and process sub-faculty of the Kalmyk State University
TSUGLAEVA Nina Viktorovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Kalmyk State University
ON NEW ECONOMIC AND LEGAL CONCEPTS OF WASTE MANAGEMENT IN THE CONTEXT OF RUSSIA’S TRANSITION TO A “GREEN” ECONOMY
Тhe article proves that the introduction of the circular economy concept in Russia will lead to a change in the existing legal model of waste management. The circular economy is a multi-level action plan for reducing the volume, recycling, waste disposal, changing consumer preferences of citizens and a number of other measures. The implementation of the tasks set by her will significantly change the existing traditional (“brown”) economic model, to take a step towards building a “green” economy in Russia and other countries of the world. The transition to a new model requires not only changes in environmental legislation, but also a revision of the system of civil law contracts, new approaches to spending budget funds, changes in tax, municipal, medical, sanitary legislation.
Keywords: “Green” economy, waste, sustainable development, pollution, natural resources, ecology, climate, circular economy, European Commission, China, municipality, harm, digital pay-ment form.
Work bibliographic list
1. Abezin D. A., Anisimov A. P. The theory of the circular economy and the prospects for its influence on the legislation on production and consumption waste // Humanitarian and legal research. – 2018. – No. 3. – pp. 143-149.
2. Alabaeva N. S., Velitskaya S. V., Malakhova O. S. Principles of the circular economy in the USSR // International Journal of the Humanities and Natural Sciences. – 2019. – No. 6-1. – P. 94.
3. State report “On the state and protection of the environment of the Russian Federation in 2020”. – Moscow: Ministry of Natural Resources of Russia; Moscow State University M. V. Lomonosov, 2021. – P. 265.
4. Ponomarev M. V. Legal regulation of environmental protection in the treatment of production and consumption wastes: author. dis. &helli; cand. legal Sciences. – M., 2019. – P. 19.
5. Tupitsyna A. A., Esipova O. V. Circular economy strategy – the right choice for modern Russia? // Problems of modern science and education. – 2018. – No. 1. – pp. 24-27.
6. Botezat E. A., Dodescu A. O., Văduva S., Fotea S. L. An Exploration of Circular Economy Practices and Performance Among Romanian Producers // Sustainability. – 2018. – Vol. 10. – P. 3-7.
7. Heshmati A., Rashidghalam M. Assessment of the urban circular economy in Sweden // Journal of Cleaner Production. – 2021. – Vol. 310. – P. 2.
8. Grigoryan A. A., Borodavkina N. Yu. The Baltics on their way to a circular economy // Baltic Region. – 2017. – Vol. 9. – No. 3. – R. 5.
9. Gu Y. Carbon Capture and Storage Policy in China. – [Electronic resource]. – Access mode: https://scholarship.law.columbia.edu/sabin_climate_change/29/ (accessed 20.06.2022).
10. Yalçın N. G., Foxon T. J. A systemic approach to transitions towards circular economy: The case of Brighton and Hove // Cleaner Environmental Systems. – 2021. – Vol. 3. – P. 5-7.
CIVIL LAW
TKACHEVA Mariya Aleksandrovna
P.D. in Law, senior lecturer of International private and entrepreneurial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
ON THE CORRELATION OF CIVIL COERCION WITH THE PROTECTION OF THE RIGHT AND LEGAL RESPONSIBILITY
The article examines the question of the correlation of civil coercion with related categories of protection and liability in civil law. Analyzing these concepts, the author comes to the conclusion that coercion and responsibility are inseparable from protection in civil law. Coercion is a sign of protection, which will give it a legal character. At the same time, this circumstance cannot be an obstacle to the consideration of civil law coercion as an independent legal category.
Keywords: civil coercion, civil law protection, liability, civil law remedy, protective law.
Work bibliographic list
1. Agarkov M. M. Problems of obligations from causing harm // Selected works on civil law. In 2 volumes. T. 2. T. 2. M .: JSC «Tsentr YurInfoR», 2002. 452 p.
2. Alekseev S. S. General theory of law: in 2 volumes. T. 1. M.: Legal Literature, 1981. 360 pp.
3. Basin Yu. G., Didenko A. G. Protection of subjective civil rights // Legal Sciences. Issue. 1. Alma-Ata: Kaz. un-ta, 1971. P.3-11.
4. Bolgova V. V., Churakov A. N. On the question of the ratio of protection measures and measures of responsibility in law // Bulletin of the Volga University. V. N. Tatishcheva. Ser. “Jurisprudence”. 2000. Issue. 11. P.109-114.
5. Braginsky M.I., Vitryansky V.V. Contract Law: General Provisions. M.: Statut, 1997. S. 848.
6. Varul P.A. On some theoretical issues of protection of subjective civil rights // Problems of the conceptual apparatus of the sciences of civil and civil procedural law. Yaroslavl, 1987. P. 21-24.
7. Vitryansky VV Problems of arbitration-judicial protection of civil rights of participants in property turnover: Dis. &helli; doc. legal Sciences in the form of a scientific report. M., 1996. 55p.
8. Volozhanin V.P. Forms of protection of subjective civil rights // Jurisprudence. 1971. No. 6. P. 85-87.
9. Civil law. Textbook. Part one / Under the general. ed. T. I. Illarionova, B. M. Gongalo and V. A. Pletnev. M.: Publishing group NORMA-INFRA M, 1998.
10. Civil Law: Textbook. In 3 volumes. T. 1. / Under. ed. A. P. Sergeeva. M.: TK Velby, 2008. 844 p.
11. Civil law. Textbook. Part 1. / Pod. ed. A. P. Sergeev, Yu. K. Tolstoy. M.: TEIS, 1996.
12. Civil law. Part One: Textbook / Under. ed. A. G. Kalpina, A. I. Maslyaeva. Moscow: Yurist, 1997. 472 p.
13. Civil Law: Textbook / Ed. ed. V. F. Yakovleva. M.: Publishing house of RAGS, 2003. 503 p.
14. Civil Law: Part One: Textbook / Under. ed. V. P. Kamyshansky, N. M. Korshunov, V. I. Ivanov. M.: Eksmo, 2007. 543 p.
15. Civil law. In 4 volumes. T. 1. / Ed. Sukhanova E. A. M.: VoltersKluver, 2006. 720p.
16. Gribanov V.P. Responsibility for violation of civil rights and obligations// Implementation and protection of civil rights. M.: Statut, 2020. S. 287-358.
17. Gribanov V.P. Limits of implementation and protection of civil rights // Implementation and protection of civil rights. M.: Statut, 2020. S. 21-214.
18. Dal V. Explanatory dictionary of the living Great Russian language: In 4 volumes. T. 1. M .: Russian language, 1989. 723 p.
19. Eliseikin P.F. On the concept and place of protective relations in the mechanism of legal regulation // Legal guarantees for the application of law and the regime of socialist legality in the USSR. Yaroslavl, 1975. Issue. 1. P. 5-10.
20. Illarionova T. I. The mechanism of action of civil law protective measures: Textbook. Sverdlovsk: UrGU, 1980. 76 p.
21. Illarionova T. I. The problem of protective functions of civil law // Illarionova T. I. Selected works. Yekaterinburg: Publishing House Ural. un-ta, 2005. 254 p.
22. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. M.: Legal Literature, 1961. 381 p.
23. Karkhalev V. A. Correlation of measures of protection and measures of responsibility in the civil law of Russia. Dis. &helli; cand. legal Sciences. Yekaterinburg, 2003. 180 p.
24. Krasavchikov OA Responsibility, measures of protection and sanctions in the Soviet civil law // Categories of science of civil law. Selected works: In 2 volumes. Vol. 2. M.: Statut, 2005. 494 p.
25. Krasheninnikov E.A. The structure of subjective law and the right to protection // The problem of protecting subjective rights and Soviet civil legal proceedings. Yaroslavl, 1979. Issue. 4. P.73-82.
26. Milkov A. V. Legal regulation of the protection of civil rights and legal interests: Dis. &helli; cand. legal Sciences. M., 2016. 442 p.
27. Motovilovker E.Ya. Theory of regulatory and protective law. Voronezh, Voronezh University Press, 1990. 134 p.
28. Malakhov V.P. Formal logic: Textbook. Moscow: Academic Project, 2001. 380 p.
29. Malein N. S. Civil Law and Personal Rights in the USSR. M.: Legal Literature, 1981. 216 p.
30. Miroshnik M. A. Coercion in Russian civil law: Dis. &helli; cand. legal Sciences. Saratov, 2016. 228 p.
31. General theory of state and law. Academic course in 2 volumes / Ed. M. N. Marchenko. Volume 2. Theory of Law. 640 p.
32. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language. M.: Publishing House A TEMP, 2013. 896 p.
33. Pokrovsky I. A. Main problems of civil law. M.: Statut, 1998. 351 p.
34. Puginsky B. I. Civil law means in economic relations // Selected Works. M.: Yurait Publishing House, 2020. S. 29-192.
35. Puchnin A.S. Coercion and law: Dis. &helli; cand. legal Sciences. Moscow, 2002. 234 p.
36. Soviet civil law // Under. ed. Smirnova V. T., Tolstoy Yu. K., Yurchenko A. K. In 2 parts. Part I. L .: Leningrad Publishing House. Univ., 1982. 432 p.
37. Soviet Civil Law: Textbook. T. 1. / Pod. ed. O. A. Krasavchikova. Moscow: Higher school, 1985. 502 p.
38. Stoyakin G. Ya. The concept of protection of civil rights // Problems of civil liability and protection of civil rights: Sat. scientific works. Issue. 27. Sverdlovsk: Sverdl Publishing House. Legal. University, 1973.
39. Suleimenov M.K. Protection of civil rights // Suleimenov M.K. Selected works on civil law. M.: Statut, 2006. 587 p.
40. Tarkhov V. A. Civil law. Well. A common part. Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 1998. 331 p.
41. Khokhlov V. A. Civil liability for breach of contract: Diss. &helli; doc. legal Sciences. Samara, 1998. 349 p.
42. Shevchenko A.S. Protective legal relations in the mechanism of protection of subjective civil rights // Mechanism for the protection of subjective civil rights. Collection of scientific papers. Yaroslavl, 1990. S. 27-36.
43. Yavich L. S. Essence of law. M.: Izd-vo LSU, 1985. 207 p.
44. Yakovlev VF Coercion in civil law // Problems of modern civil law: Sat. Art. M.: Gorodets, 2000. S. 210-223.
CIVIL LAW
SMIRNOVA Tatyana Vladimirovna
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
NOTARIAL CERTIFICATION OF REAL ESTATE TRANSACTIONS IN THE RUSSIAN FEDERATION
The article considers such a topical issue for the modern civil circulation as the notarial certification of real estate transactions. Based on scientific works, an analysis of the positive and negative features of this legal phenomenon is carried out, taking into account the changes in legislation. The attention is focused on the contract of the real estate gift promise in the future in the context of the imperative abolition for its mandatory state registration. The need to introduce the mandatory certification of individual real estate transactions is noted.
Keywords: real estate, real estate transactions, notary, notarial certification, gift agreement, gift promise in the future, civil circulation.
Work bibliographic list
1. Constitution of the Russian Federation: adopted by popular vote on 12/12/1993: with changes approved during the nationwide vote on 07/01/2020 // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 26.02.2022).
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on December 21, 2021; (as amended and supplemented, entered into force on March 1, 2022) // Collection of Legislation of the Russian Federation. 1994. No. 32. Article 3301.
3. Civil Code of the Russian Federation (Part Two) dated January 26, 1996 No. 14-FZ (as amended on July 1, 2021, as amended on July 8, 2021; as amended and supplemented , entered into force on 01.01.2022) // Collection of Legislation of the Russian Federation. 1996. No. 5. Article 410.
4. Fundamentals of the legislation of the Russian Federation on notaries: approved by the Supreme Court of the Russian Federation on 11.02.1993 No. 4462-1 ( dated 02.07.2021; with amendments and additions, effective from 29.12.2021) // Gazette of the SND and the Armed Forces of the Russian Federation. 1993. No. 10. Article 357.
5. Federal Law of 13.07 .2015 No. 218-FZ “On state registration of real estate” (as amended on 12/30/2021; with amendments and additions, effective from 03/01/2022) // Collection of Legislation of the Russian Federation. 2015. No. 29 (part I 4344.
6. Civil Code of the RSFSR: approved by the Supreme Council of the RSFSR on June 11, 1964 (as amended on November 26, 2001) // Gazette of the Supreme Soviet of the RSFSR, 1964, No. 24, Article 407. (lost force).
7. Gryzykhina E.A. On the notarial form of real estate transactions // Bulletin of Omsk University. 2016. No. 3 (48). pp. 114-117.
8. Komyshev M.V. On the issue of mandatory notarization of donation promise agreements // Epomen. 2021. No. 62. P. 64-70.
9. Kurmanbaev M.M. On the notarial form of transactions with real estate // In the collection: Actual trends and innovations in the development of Russian science: a collection of scientific articles / Nauch. ed. S.P. Akutina. Moscow, 2021, pp. 114-116.
10. Shumilova S.A. Notarial form of a transaction as the meaning of its content // Scientific almanac. 2018. No. 4-1 (42). pp. 266-271.
11. Appeal ruling of the Bryansk Regional Court dated January 29, 2019 in case No. 33-256 / 2019 // ATP “Consultant Plus”.
12. Decision of the Gorodetsky City Court of the Nizhny Novgorod Region dated December 16, 2020 in case No. 2-1411/2020 // Judicial decisions of the Russian Federation. [Electronic resource]. – Access mode: http: //judicial decisions.rf/56058353 (date of access: 03.03.2021).
13. Decision of the Ivanteevsky City Court of the Moscow Region 16 dated 10/05/2019 in case No. 2-1142/2019 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/3rNeunPaV4oK/ (date of access: 03.03.2021).
14. Rusakova E.P., Frolova E.E. Current problems of digital justice in the BRICS countries // Smart Innovation, Systems and Technologies. 2022. V. 254. P. 143-153.
15. Begichev A.V., Frolova E.E. to the question of systematization of sources of normative legal regulation of notarial activities // Bulletin of the International Institute of Informatization and Public Administration named after V.I. P.A. Stolypin. 2016. No. 4. P. 52-65.
16. 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 Innovation, Systems and Technologies. 2022 Vol. 254. C. 121-130.
CIVIL LAW
YUSUPOVA Zilya Fanilovna
Notary of the Volga Federal District of the Republic of Bashkortostan, Chekmagushevsky District
TESTAMENTARY REFUSAL IN INHERITANCE LAW: PROBLEMS OF APPLICATION
In the article, the author, based on an analysis of the current Russian legislation, considers current problems related to the application of a testamentary refusal. The author defines the concept and features of the testament refusal and identifies the conditions for its implementation. Some problems of the execution of the probate refusal by the heirs were noted. It has been established that of particular importance is the problem of fulfilling the obligation to grant the waiver the right to use the residential premises. In conclusion, proposals were formulated to improve the legal regulation of the implementation of the testamentary refusal.
Keywords: inheritance law, inheritance, will, freedom of will, rights of heirs, testamentary refusal, testamentary disposition.
Work bibliographic list
1. Demina I. A., Omelchenko E. S. Testamentary refusal in inheritance law: theory, practice and problems of application // Science. Society. State. – 2019. – No. 1. – pp. 121-128.
2. Kobchikova E. V., Makarov T. G. Legal problems of testamentary refusal // Siberian Legal Review. – 2018. – No. 4. – pp. 411-416.
3. Modanov VV Some features of the legal regulation of the institution of testamentary dispositions in the civil law of the Russian Federation // Law and Law. – 2015. – No. 5. – pp. 71-74.
4. Akhmadullina E. I. Sub-appointment of an heir as a special type of testamentary disposition // Student science of the XXI century. – 2016. – No. 1-2 (8). – pp. 273-276.
5. Komarevtseva I. A., Melnikova M. P. General characteristics and critical analysis of some provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “on judicial practice in cases of inheritance” // Leningrad legal journal. – 2013. – No. 2 (32). – pp. 133-137.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 4th course of the Faculty of History and Law of the Kuzbass Humanitarian Pedagogical Institute of the Kemerovo State University
In the issue of the legal nature of a smart-contract
The article examines the concept and legal nature of a smart contract based on the analysis of the provisions of the current legislation, the opinions of legal scholars, and the features of Blockchain technology. Four main approaches to the legal essence of the phenomenon under consideration have been identified: a smart contract as a program code, as a way to ensure the fulfillment of obligations, as a way to fulfill obligations, as a contract. The opinion is substantiated that a smart contract can be both the basis for the occurrence of an obligation and the method of its execution. The ways of including essential conditions in the smart contract program code, as well as the possibility of applying civil law norms on contract modification, as well as on the grounds and consequences of invalidity of transactions, are investigated.
Keywords: smart-contract, legal nature, program code, method of ensuring fulfillment of obligations, method of fulfillment of obligations, contract, Blockchain.
Work bibliographic list
1. Bogdanova E. E. Problems of using smart contracts in transactions with virtual property // Lex Russica (Russian law). – 2019. – No. 7. – pp. 108-118.
2. Volos A. A. Civil law essence of a smart contract // Lawyer. – 2019. – No. 7. – pp. 23-28.
3. Efimova L. G., Sizemova O. B. Legal nature of a smart contract // Banking Law. – 2019. – No. 1. – pp. 21-28.
4. Kamalyan V. M. The concept and legal features of smart contracts // Lawyer. – 2019. – No. 4. – pp. 20-27.
5. Savelyev A. I. Contract Law 2.0: “smart” contracts as the beginning of the end of classical contract law // Bulletin of civil law. – 2016. – No. 3 – pp. 32-60.
6. Fedorov D. V. Tokens, cryptocurrency and smart contracts in domestic bills from the position of foreign experience // Bulletin of Civil Law. – 2018. – No. 2. – pp. 30-74.
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
FORMATION AND DEVELOPMENT OF THE INSTITUTION OF CIVIL LIABILITY FOR BREACH OF OBLIGATIONS IN DOMESTIC CIVIL LAW
This research is devoted to the formation and development of civil liability for violation of a contractual obligation. Various sources of civil law and historical stages that had a significant impact on the development of the institution of responsibility are considered. Excerpts from the laws and the vision of jurists on the institution of civil liability are presented, the basic principles that are typical for the type of responsibility under research are indicated. The main trends in the development of the institution of civil liability for violation of an obligation are named. According to the results of the research, the conclusions are presented.
Keywords: civil liability, contractual obligation, institution, law, coercive measures, punishment, law.
Work bibliographic list
1. The Civil Code of the RSFSR of 1922 with article-by-article systematized materials / Ed. S. Alexandrovsky. – M., 1925.
2. Civil Code of the RSFSR 1964. – [Electronic resource]. – Access mode: SPS Consultant Plus (date of access: 05/25/2022).
3. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022). – [Electronic resource]. – Access mode: SPS Consultant Plus (date of access: 05/25/2022).
4. Ruling of the Supreme Court of the Russian Federation dated 09.12.2014 in case No. 305-ES14-3435, A40-116560/2012.
5. Apestina MN Conclusion and execution of contracts: practical recommendations for business. – Moscow: Editorial office of Rossiyskaya Gazeta, 2020. – Issue. 1. – P. 144.
6. Civil Law: Textbook. In 3 vols. T. 1 / Ed. A. N. Guev. – M.: Exam, 2006. – P. 112.
7. Dobrovinskaya A. V. The concept and cases of limited liability in civil law // Lex russica. – 2017. – No. 5. – pp. 148-162.
8. Ilyukhin A. V., Ilyukhina V. A. Evolution of Soviet civil legislation // Journal of Historical and Legal Problems: a New Perspective. – 2021. – No. 3. – pp. 104-105.
9. Ioffe O. S. Law of Obligations. – 1975. – P. 138.
10. Ioffe O. S. The general doctrine of obligations // Ioffe O. S. Selected works: In 4 vols. T. III. Obligation law. – SPb.: Publishing house “Legal Center Press”, 2004. – P. 838.
11. Zolotarev A.P. Historical aspects of the formation and development of civil liability in Russia // Archivist. – 2020. – No. 1 (5). – pp. 7-12.
12. Matorin A. M. Legal responsibility as a legal category // Vestnik NIB. – 2019. – No. 37. – pp. 19-23.
13. Medovichev A. E. Ref. book: Loginov A. V., Shelestin V. Yu. Judgment and punishment in Mycenaean Greece and the Hittite kingdom // Social and humanitarian sciences. Domestic and foreign literature. Ser. 5, History: Information and analytical journal. – 2021. – No. 2. – pp. 22-29.
14. Monastyrsky Yu. E. On the significance of the Soviet period for the modern civil law theory of losses // Journal «Zakon». – 2018. – No. 3.
15. Nedbailo P.E. The system of legal guarantees for the application of Soviet legal norms // Jurisprudence. – 1971. – No. 3. – pp. 50-52.
16. Nekrasova E. V. On the question of the correlation between the categories of abuse of rights and obligations due to infliction of harm // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2021. – No. 1. – P. 1-7.
17. Rakhmilovich V.A. On wrongfulness as a basis for civil liability // Soviet state and law. – 1964. – No. 3. – pp. 53-62.
18. Strogovich M.S. The essence of legal responsibility // Sov. state and law. – 1979. – No. 5. – P. 102.
19. Judicial practice in the modern legal system of Russia: monograph / T. Ya. Khabrieva, V. V. Lazarev, A. V. Gabov and others; ed. T. Ya. Khabrieva, V. V. Lazareva. – M.: IZiSP, NORMA, INFRA-M, 2017. – P. 432.
20. Syrykh V. M. History of the state and law of Russia. Soviet and modern periods: textbook. – M., 2000. – P. 50, 273.
21. Tarkhov V. A. Responsibility under Soviet civil law. – Saratov, 1973. – P. 4, 11.
22. Tikhomirov M.N., Epifanov P.P. Cathedral code of 1649. – M.: Publishing House of Moscow. un-ta, 2006. – P. 50.
23. Khaltaeva O. R. The concept of state administration of legists and the doctrine of the sky in the period of Chunqiu and Zhangguo // Bulletin of the Belarusian State University. – 2019. – No. 14. – P. 9-12.
24. Khachaturov R. L., Lipinsky D. A. General theory of legal responsibility. – St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2007.
25. Huzhin A. M. The problem of legal liability for innocent behavior: historical and legal aspect // History of State and Law. – 2012. – No. 20. – P. 4 – 7.
26. Shershenevich G. F. Textbook of Russian civil law / Republished. – M.: Statute, 2020. – 459 p.
27. Shershenevich G. F. Textbook of Russian civil law: In 2 volumes – M., 2005 (series “Classics of Russian civil law”). – T. 2. – pp. 205-206.
28. Legal liability. Modern Challenges and Solutions: Materials for the VIII Annual Scientific Readings in Memory of Professor S. N. Bratus. – M.: Infra-M, 2013. – pp. 82-84.
29. The lengthy edition of the Code of Laws Russian Truth. – [Electronic resource]. – Access mode: https://www.hist.msu.ru/ER/Etext/RP/prp.htm.
30. Cathedral code of 1649 of Tsar Alexei Mikhailovich. – [Electronic resource]. – Access mode: http://www.bibliotekar.ru/sobornoe-ulozhenie-1649/
31. Russian legislation. Code of Laws of the Russian Empire. – [Electronic resource]. – Access mode: http://pravo.gov.ru/
CIVIL LAW
GILEVA Nadezhda Sergeevna
student of the 3rd course of the Law School of the Far Eastern Federal University
SOME PROBLEMATIC ISSUES OF APPLICATION OF THE LICENSE AGREEMENT
The article discusses debatable issues related to the application of the institution of a license agreement in practice. The author analyzes the specific features of a license agreement, the legal provisions governing this type of agreement, and the theoretical positions of civil scientists on controversial issues. In addition, the article suggests ways to solve existing problems related to the application of a license agreement. At the end of the study, the author concludes that there is a need for active scientific research and improvement of the legislative regulation of the institution in question.
Keywords: license agreement, intellectual activity, means of individualization, construction of the agreement, compensation, form of the agreement.
Work bibliographic list
1. Battakhov P. P. Features of the alienation of industrial property objects under a license agreement and a commercial concession agreement // Agrarian and land law. – 2019. – No. 1 (169). – pp. 144-150.
2. Belousov VN Licensing agreement in the civil law of Russia // Russian justice. – 2019. – No. 9. – pp. 6-9.
3. Gavrilov E.P. General provisions of intellectual property law: a brief commentary on Chapter 69 of the Civil Code of the Russian Federation // Economy and Law. – 2007. – No. 9. – pp. 24-35.
4. Kalinicheva E. P. License agreement as a basis for the emergence of an obligation: specialty 12.00.03 “civil law; business law; family law; international private law”: author. dis. … cand. legal Sciences. GOU VPO “Saratov State Academy of Law”. – Rostov-on-Don. 2011. – 29 p.
5. Lamm T. V., Titov E. V. Legal nature of the transfer of a thing as an element of the actual composition of a real contract // Bulletin of the Baikal State University. – 2017. – No. 4. – pp. 546-553.
6. Morgunova E. A., Pogulyaev V. V., Korchagina N. P. Rights to the results of intellectual activity and means of individualization: commentary on part four of the Civil Code of the Russian Federation (item-by-article). – Moscow: Yustitsinform. Access from SPS «Garant».
7. Raynikov A.S. Correlation between a commercial concession agreement and related civil law institutions. Bulletin of Civil Law. – 2008. – No. 3. – pp. 7-42.
CIVIL LAW
KALASHNIKOV Sergey Sergeevich
magister student of the 1st course of the Far Eastern Federal University
TSEDRIK Valeriy Arturovich
magister student of the 1st course of the Far Eastern Federal University
BARYSHNIKOV Yuriy Vladimirovich
magister student of the 1st course of the Far Eastern Federal University
MODERN DOCTRINAL, LEGAL AND ETHICAL PROBLEMS IN THE DEVELOPMENT AND APPLICATION OF ROBOTIC TECHNOLOGIES AND ARTIFICIAL INTELLIGENCE SYSTEMS
The article discusses the problems of introduction and further application of robotic technologies and artificial intelligence, which are becoming more serious every year. Trends in socio-economic development dictate their own conditions for the existence of society. In particular, the constant introduction of high technologies is the most important issue on the agenda for all advanced countries of the world. The rapid development of information technologies generates acute problems, the solution of which is extremely necessary – “technological unemployment”, regulatory and legal regulation.
Keywords: robotic technologies, artificial intelligence, automation, technological unemployment.
Work bibliographic list
1. Robots and ethics // SPS «UNESCO». – [Electronic resource]. – Access mode: https://ru.unesco.org/news/roboty-i-etika/.
2. Borovskaya E. V., Davydova N. A. Fundamentals of artificial intelligence: a tutorial. – M.: BINOM, 2016. – 130 p.
3. Kolosova O. S. Technical means of automation and control: a textbook for academic undergraduate studies / Ed. ed. O. S. Kolosova. – M.: Yurayt Publishing House, 2017. – 291 p.
4. US robot density is now more than twice that of China – [Electronic resource]. – Access Mode: Access Mode: https://ifr.org/ifr-press-releases/news/us-robot-density-now-more-than-double-that-of-china-ifr-says/.
CIVIL LAW
KONDRASHOV Aleksandr Sergeevich
magister student of the Faculty of Law of the Financial University under the Government of the Russian Federation
Problems of the management bodies of a joint-stock company for the illegal conclusion and execution of a major closure and closure with interest
The article is devoted to the issues of civil liability borne by the management bodies of a joint-stock company for the illegal conclusion and execution of a major transaction and a transaction with interest. The composition of the offense, as well as the features of property liability, are analyzed. It is concluded that it is necessary to consolidate an exhaustive list of grounds for holding liable, which will allow comparing the behavior of the governing bodies with the actual circumstances underlying the dispute.
Keywords: extraordinary transactions, major transactions, related party transactions, civil liability.
Work bibliographic list
1. Egorov K. F. Some issues of limiting the liability of persons included in the management bodies of economic companies // Issues of Russian justice. – 2021. – No. 16. – P. 2.
2. Rustamova S. M. Problems of responsibility of the management bodies of a joint-stock company for large transactions // Legal Bulletin of the DSU. – 2017. – No. 4. – P. 117.
CIVIL LAW
OLOVYANNIKOVA Aleksandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
RAEVSKAYA Valeriya Andreevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
KLEVTSOV Maksim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
SOME PROBLEMS OF ESTABLISHING THE ACTUAL BOUNDARIES OF THE LAND PLOT AND ELIMINATING REGISTRY ERRORS
Significant layer of land litigation is caused by the requirement to establish the boundaries of the land plot and/or eliminate the corresponding registry error: through identifying the main issues of these disputes and related difficulties arises the possibility to increase the effectiveness of the mechanism for establishing the actual existing boundaries of the land plot and reduce the burden on the judicial system.
The main purpose of the research is to identify the main problems that have developed in judicial practice and indicate the presence of gaps in Russian land and civil legislation. The originality of the scientific article consists on the authors’ thorough analysis of current problems and pointing out disadvantages in the mechanism of registration procedures. The results of the research allow to identify the main areas of work to improve the system of Russian land and civil legislation in this area.
Keywords: boundaries of land plots, land litigation, land plot, cadastral engineer, registry errors, coordination of boundaries, actually existing boundaries of land plots.
Work bibliographic list
1. Antipov I. T., Antonovich K. M., Astashenkov G. G., Vylegzhanina V. V., Giniyatov I. A. On some results of identifying registry errors that prevent state registration of rights // Bulletin of SGUGiT (Siberian State University of Geosystems and Technologies). – 2018. – No. 2. – pp. 143-152.
2. Bariev A. G. Procedural features of resolving land disputes in the courts of the Russian Federation // Problems in Russian legislation. Legal Journal. – 2018. – No. 1. – pp. 50-54.
3. Volkov G. A. Legal problems of eliminating registry errors when considering disputes about the boundaries of land plots // Property relations in the Russian Federation. – 2017. – No. 11. – pp. 81-88.
4. Gusev A. O. On some features of litigation on the correction of registry errors // Arbitration disputes. – 2020. – No. 1. – pp. 78-102.
5. Huseynov R. G. Registry errors: legal nature and current problems // Best student article 2020, collection based on conference materials. – 2020. – pp. 134-136.
6. Zalevskaya E. A. Some issues of resolving boundary disputes in the presence of a registry error // Judge. – 2022. – No. 4. – pp. 29-37.
7. Klyosov N. A. Proof and evidence in cases arising from land legal relations // Academy of Pedagogical Ideas Novation. – 2020. – No. 9. – pp. 12-17.
8. Melnikov N. N. Multi-loop land plot as an object of land relations: questions of theory and practice // Bulletin of the O. E. Kutafin University. – 2019. – No. 1. – pp. 64-74.
9. Motlokhova E. A. Protection of rights to land plots by filing a claim for the establishment of boundaries // Property relations in the Russian Federation. – 2017. – No. 11. – pp. 99-110.
10. Samoilenko DV On the problem of resolving by a forensic expert the issue of the presence of a registry error in the description of the location of the boundaries of a land plot // Questions of Russian and International Law. – 2020. – No. 3-1. – pp. 197-203.
CIVIL LAW
TSEDRIK Valeriy Arturovich
magister student of the 1st course of the Far Eastern Federal University
BARYSHNIKOV Yuriy Vladimirovich
magister student of the 1st course of the Far Eastern Federal University
KALASHNIKOV Sergey Sergeevich
magister student of the 1st course of the Far Eastern Federal University
LEGAL FEATURES OF THE MANAGEMENT OF APARTMENT BUILDINGS: DOMESTIC AND FOREIGN EXPERIENCE
This article discusses the problem of legal regulation of relations related to the maintenance of an apartment building, using domestic and foreign experience. Currently, there is a need for frequent revision of existing measures in the field of legal regulation in the field of real estate and its maintenance, which is due to a qualitative increase in the Russian economic sector of the multi-apartment real estate market. The level of technological modernization of this area has also increased, consumer needs and requests for many indicators and criteria regarding the quality of housing services have increased. In the modern conditions of the Russian Federation, one of the main tasks in the management of multi-apartment residential buildings has become to improve the quality of housing and communal services, establish, and increase the level of responsibility of the management company, establish an effective management system. This problem should be solved in stages, possibly using foreign experience in managing apartment buildings and introducing the best of these skills into domestic practice.
Keywords: law, housing code, management company, real estate, management, apartment building, housing and communal services.
Work bibliographic list
1. Makarov G. Domestic and foreign experience of self-government in urban apartment buildings // Economy and law. – 2011. – No. 6. – pp. 31-36.
2. Kuznetsova G. G., Fedotovskaya E. Yu. Housing and communal services as an object of public administration // MIR (Modernization. Innovations. Development). – 2012. – No. 8. – S. 85–88.
3. Nagornaya T.S. Foreign experience of managing companies // Economics, management, finance: materials of the VII Intern. scientific conf. (Krasnodar, February 2017). – Krasnodar: Innovation, 2017. – pp. 137-139. – [Electronic resource]. – Access mode: https://moluch.ru/conf/econ/archive/220/11808/
4. Kudina S. A. The concept, signs and composition of the common property of an apartment building // Bulletin of the UYUI. – 2017. – No. 2 (76). – pp. 28-31.
5. Kuznetsova E. E. Problems of competition in the management of an apartment building // Skif. – 2018. – No. 1 (17). – pp. 140-143.
6. Plotnikova I. A., Sorokina I. V. Problems of development of modern housing and communal services // Problems of development of the territory. – 2019. – No. 6 (104). – pp. 52-68.
7. Trufanov A.V. Features of the legal status of the managing organization in the aspect of ensuring the effectiveness of the management of an apartment building // Legal Bulletin of Samara University. – 2018. – No. 3. – pp. 142-147.
8. Chimrov D. E. Problems of legal regulation of apartment buildings management // Bulletin of Science and Practice. – 2019. – No. 8. – P. 144-148.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 2nd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPETS Svetlana Igorevna
student of the 2nd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ERMOLENKO Kirill Igorevich
student of the 2nd bachelor course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
FEATURES OF THE DEVELOPMENT OF THE RUSSIA-ASEAN FORMAT
The article analyzes Russia’s cooperation with the ASEAN countries, since today integration processes are developing rapidly in Southeast Asia, which is caused primarily by the activities of ASEAN. The regional grouping aims to ensure military-political stability and economic growth of its members, continues to function, and bring positive results. In the highlighted main areas of cooperation, ASEAN appears to be a reliable partner for Russia. The article examines the historical features of the formation and development of partnership relations and draws a number of conclusions on the current state of international relations with ASEAN. Assumptions are made about the likely prospects of such cooperation at the present stage and the possibility of further interaction between Russia and the ASEAN member states.
Keywords: Russia, ASEAN, cooperation, partnership.
Work bibliographic list
1. Klyuchanskaya S. A. Russia-ASEAN: promising areas of cooperation // Power. – 2016. – No. 6.
2. Marian V. P., Sinitsyn A. Yu. Russia-ASEAN-20 years of cooperation // Power. – 2017. – No. 2.
CIVIL PROCESS
VASKINA Alina Aleksandrovna
student of the School of Law of the Far Eastern Federal University
KOLESNIKOVA Elena Sergeevna
student of the School of Law of the Far Eastern Federal University
GAEVAYA Anzhelika Aleksandrovna
student of the School of Law of the Far Eastern Federal University
PROBLEMS OF DETERMINING THE ACCESSIBILITY OF JUSTICE IN CIVIL PROCEEDINGS
In this article, the authors analyzed the civil procedural legislation of the Russian Federation from the point of view of the sufficiency of disclosure of the essence of the legal category “accessibility of justice”. In identifying legislative gaps, the authors turned to the doctrinal teachings of civilists of different times, studied existing approaches to understanding the legal category “accessibility of justice” and interpreted “accessibility of justice” in terms of the complexity of this category, having previously identified the factors that form it. The authors conducted a comparative legal analysis of two closely interrelated categories in civil law science: “accessibility of justice” and “the right to judicial protection”; their relationship was determined within the framework of an integrated approach to understanding the accessibility of justice. The authors also examined the accessibility of justice at various stages of the civil process.
Keywords: accessibility of justice; the right to judicial protection; simplicity of the case review procedure; clarity of the case review procedure; ensuring access to justice; facilitating access to justice; the Civil Procedure Code of the Russian Federation; stages of civil procedure.
Work bibliographic list
1. Tkacheva N. V. The principle of access to justice in the practice of the European Court of Human Rights. 2010. S. 1. [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_15644909_16139657.pdf // Text: electronic. Retrieved 11.05.2022
2. Kuznetsov A.P. Limitations of the principle of access to justice in the course of the ongoing reform of the procedural legislation of the Russian Federation. 2019. S. 1. [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_42555197_58735024.pdf Text: electronic. Accessed 11.05.2022
3. Theory of state and law: textbook / Matuzov N.I., Malko A.V. 2004. P. 82. [Electronic resource]. – Access mode: https://pravo-olymp.ru/wp-content/uploads/2013/04/TGP_Matuzov_Malko.pdf Text: electronic. Accessed 11.05.2022.
4. Semenov V.M. Constitutional principles of civil justice. 1982. S. 3. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=23755181& Text: electronic. Retrieved 11.05.2022.
5. Zhuikov V.M. Judicial reform: problems of access to justice. 2006. [Electronic resource]. – Access mode: https://indem.ru/Proj/SudRef/Bibl/Grajdansk.htm#Zhuikov Text: electronic. Retrieved 11.05.2022.
6. Shakaryan M.S. Problems of accessibility and effectiveness of justice in the courts of general jurisdiction. 2001. [Electronic resource]. – Access mode: https://legist.ru/conf/Shakaryan.htm Text: electronic. Accessed 11.05.2022.
7. Ozhegov S.I. Dictionary. [Electronic resource]. – Access mode: https://gufo.me/dict/ozhegov/available Text: electronic. Retrieved 11.05.2022.
CIVIL PROCESS
FEDCHENKO Yuliya Vasiljevna
master of law of the MGIMO (U) of the MFA of Russia, lawyer in DRT-Consulting LLC
IMPLEMENTATION OF THE LEADING ROLE OF THE COURT AND THE PRINCIPLE OF CONCENTRATION OF THE PROCESS AS COMPONENTS OF THE CONCEPT OF SOCIAL CIVIL PROCEDURE (ON THE EXAMPLE OF ENGLAND, GERMANY AND FRANCE)
The problem of optimizing the civil process, which allows at the same time to best ensure the rights of the subjects in the process, as well as the interests of society as a whole, remains relevant. The purpose of this work is to consider such aspects of the concept of social civil procedure that meets the above goals as the role of the court in the process and the concentration of the process on the example of England, Germany and France, so that to clarify the features of each of the categories and identify effective means of optimization, which, among other things, can be used in the reform of domestic legislation. Comparative legal research is carried out using dialectical, formal logical methods, the method of system analysis. All this allows us to conclude that the active role of the court is necessary in the modern process, the principle of concentration should be ensured through the introduction of effective rules for the disclosure of evidence, supported by court sanctions, and other measures aimed at concentrating procedural actions at the stage of preparation for the proceedings.
Keywords: civil procedure, optimization, the principle of concentration of the process, the concept of social civil procedure, the role of the court in the process, prohibition of references to evidence.
Work bibliographic list
1. Althammer C. European principles of civil procedure und nationale Mindeststandards – Überlegungen aus deutscher Perspektive // Festschrift f. Hakan Pekcanitez, 2015.
2. Brehm W. Zivilprozessrecht und Zivilprozess: Einleitung // Kommentar zur Zivilprozessordnung: ZPO / Hrsg. F. Stein, M. Jonas. Band 1. 22 Aufl. C.H. Beck, 2013.
3. Bruns/Münch/Stadler. Die Zukunft des Zivilprozesses, 2013.
4. Klein. Zeit- und Geistesstromungen im Prozesse. Vortrag in der Gehe-Stiftung Dresden, 1901. Neudruck der 2. Aufl. Frankfurt am Main. – S. 28.
5. Kralik W. Die Verwirklichung der Ideen Franz Kleins in der Zivilprozessordnung von 1895 // Hofmeister.
6. Lakssimi T. Le juge au cœur du procès civil, ENM, 2012.
7. Wassermann R. Der soziale Zivilprozess: zur Theorie und Praxis des Zivilprozesses im sozialen Rechtsstaat // Neuwied; Darmstadt: Luchterhand, 1978.
8. Willmann P. Die Konzentrationsmaxime. Eine Untersuchung heutigen und früheren Rechts. Berlin, 2003.
9. Borisova E. A. Verification of judicial acts in civil cases. – Moscow: Gorodets, 2005.
10. Vaskovsky E.V. Textbook of civil procedure. – M., 1917.
11. Greger R. Possibilities and Limits of the Court’s Participation in the Collection of Evidence // Bulletin of the Arbitration Court of the Moscow District. – 2016. – No. 2.
12. Davtyan A. G. Civil procedural law in Germany. – M., 2000.
13. Degtyarev S. L. Implementation of the judiciary in civil proceedings. – M.: Walter Kluver, 2007.
14. Kavelin KD The main principles of the Russian judiciary and civil legal proceedings in the period from the Code to the Institution of the provinces. – M., 1844.
15. Keilin A. D. Judiciary and civil process of capitalist countries. – Part 2. – M., 1958.
16. Kudryavtseva E. V. Civil Proceedings in England. – M., 2008.
17. Kulakova V.Yu. The problem of timely consideration of civil cases in courts and ways to eliminate it in foreign civil proceedings // Laws of Russia: experience, analysis, practice. – 2015. – No. 12.
18. Makarov P. N. The concentration of procedural material in resolving civil disputes (German experience). Moscow: Statute, 2014.
19. Malyshev K. I. The course of civil proceedings. 2nd ed. – SPb.: Ed. MM. Stasyulevich, 1876. Vol. 1.
20. Malyukina A.V. The principle of concentration of the civil process: the main theoretical provisions and their implementation. Dis. … cand. legal Sciences. – M., 2008.
21. Nefediev E. A. Textbook of Russian civil proceedings. – Krasnodar: Council. Kuban, 2005.
22. Rekhberger V.Kh. Influence of the main ideas of Franz Klein on the modern civil procedural legislation of Austria // Russian Yearbook of Civil and Arbitration Process. – 2007. – No. 6.
23. Chistyakova O.P. The problem of the activity of the court in the civil process of the Russian Federation: Dis. … cand. legal Sciences. – M., 1997.
24. Engelman I. E. Textbook of Russian civil proceedings. – Yuriev, 1904.
25. Communicationé de la Cour de cassation, Gaz. pal. 2008, n°12. – R. 13.
LAND LAW
OLOVYANNIKOVA Aleksandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
RAEVSKAYA Valeriya Andreevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
KLEVTSOV Maksim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
HISTORICAL AND LEGAL ASPECT OF THE USE OF CUSTOM AS A REGULATOR OF LAND RELATIONS
Despite the absence of direct legislative consolidation, custom is a significant source of land law. The research is aimed at studying the historical and legal aspects of the introduction, preservation and transformation of legal custom as a regulator of land relations at various stages of the historical development of Russia, identifying the historical reasons of essential value of custom in Russian land law, and the forms of modern legal customs reflected in the Russian Land Code.
The results of the research allow to identify the role of legal custom as a regulator of land relations, despite the lack of its proper consolidation in Article 2 or in special articles of the Russian Land Code, and indicate the necessity for similar consolidation.
Keywords: legislative consolidation; source of land law; peasant community; legal custom; established order of use.
Work bibliographic list
1. Ignatieva E.Yu. Judicial lawmaking in Russia on land issues in the second half of the 19th – early 20th century in the process of applying customary law // Bulletin of the Institute: crime, punishment, correction. – 2019. – No. 2. – pp. 213-221.
2. Kryukova S.S. Soviet pre-collective farm village between traditional and new customary law // Traditions and Modernity. – 2019. – No. 23. – pp. 44-63.
3. Kryukova S.S. Peasant community of the 1920s: from imperial to Soviet customary law // Bulletin of the Ryazan State University. S.A. Yesenin. – 2020. – No. 3. – pp. 35-45.
4. Petrovskaya T.S. Surveying as a way of legal registration of land distribution relations in Russia: historical and legal research // North Caucasian Legal Bulletin. – 2018. – No. 1. – pp. 26-32.
5. Podzorova A.A. The role of legal custom in land law // Ecology of the Central Chernozem Region of the Russian Federation. – 2015. – No. 1. – pp. 139-142.
6. Kholodny M.A. Soviet land management and property rights in the countryside under the NEP // Modern Scientific Thought. – 2014. – No. 5. – pp. 62-68.
BUSINESS LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty 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
TO THE QUESTION OF THE DEVELOPMENT OF ENTREPRENEURSHIP IN RUSSIA
The article deals with issues related to the change that has occurred in Russian entrepreneurship in connection with the introduction of sanctions against the state and other social risks. The possibilities of business to fill the market with goods for which the demand of the population is initially high are considered. Parallel import is characterized as a complex and necessary phenomenon in the modern world and the existing norms of domestic and international law on the possibilities of its support are considered. Guarantees of support and preservation of consumer rights in relation to such purchased goods are indicated.
Keywords: civil legislation, trade turnover, entrepreneurs, import of goods, parallel import, social risks.
Work bibliographic list
1. Parallel import. [Electronic resource]. – Access mode: https://www.business.ru/article/3943-parallelnyy-import/ (date of access: 05/15/2022).
2. Carrying out purchases of import-substituting goods of domestic production. [Electronic resource]. – Access mode: https://etpgpb.ru/portal/import-substitution/ (date of access: 05/15/2022).
3. State programs to support small businesses in 2022 — SKB Kontur. [Electronic resource]. – Access mode: https://kontur.ru/articles/4710 (date of access: 05/15/2022).
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.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
BARYSHOVA Yuliya Pavlovna
magister student of the Institute of Law of the Samara State University of Economics
PROBLEMS OF LAW ENFORCEMENT PRACTICE IN THE FIELD OF INTERNAL FINANCIAL CONTROL IN THE FIELD OF ENTREPRENEURIAL ACTIVITY
The article provides an analysis of the problems that arise in practice in the implementation of internal financial control in the field of entrepreneurial activity. Using the example of judicial and law enforcement practice, the authors reveal typical mistakes that lead to appeals against decisions of financial control bodies. The article suggests directions for improving the system of financial control and oversight activities in the Russian Federation.
Keywords: internal financial control, budgetary legislation, entrepreneurial activity, practice of appealing against decisions of financial control bodies.
Work bibliographic list
1. Explanatory dictionary of the Russian language: in 4 volumes / Ed. DI. Ushakov. M., 1940.
2. Mokretsova G.V. The organization of internal control is the most important element of the accounting policy of an educational institution // Advisor in the field of education. 2008. № 1.
BUSINESS LAW
DASHIN Aleksey Viktorovich
Ph.D. in Law, professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
MELNIK Aleksandr Vitaljevich
magister student of the 2nd course of the I. T. Trubilin Kuban State Agrarian University
SELF-PROTECTION AS A WAY TO PROTECT THE RIGHTS OF BUSINESS ENTITIES
The publication attempts a comprehensive analysis of such a specific way to ensure the rights of business entities as self-defense. The state of Russian legislation and the point of view of leading experts in this field are considered. The problems of insufficiency of tools for self-protection by the entrepreneur of their rights are revealed.
Keywords: self-defense, business entities, restoration of violated rights, business entity, government agencies.
Work bibliographic list
1. Civil law: in 3 volumes. A textbook for universities / Ed. A. P. Sergeev. – M.: PG-Press, 2013 – V.1: General part. – 1008 p.
2. Transparent business. [Electronic resource]. – Access mode: https://pb.nalog.ru/?t=1594022780035 (date of access: 07/08/2022).
3. Sverdlyk G. A., Strauning E. L. Protection and self-defense of civil rights: textbook . allowance. – M., 2002. – 208 p.
4. Kholkina A. O., Korneva E. V. Forms and methods of informing and attracting entrepreneurs to fulfill their duties // Territory of new opportunities. – 2016. – No. 3 (34). [Electronic resource]. – Access mode: https:cyberleninka.ru (date of access: 07/08/2022).
5. Erdelevsky A. M. Self-defense of civil rights // Legal world. – 1998. – No. 8. – S. 45-47.
BUSINESS LAW
DELTSOVA Natalya Veacheslavovna
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
THE CLAIM PROCEDURE FOR THE SETTLEMENT OF BUSINESS DISPUTES: CERTAIN ASPECTS OF LAW ENFORCEMENT
This article discusses the application of the claim procedure for the settlement of business disputes. The practice of applying the claim procedure by arbitration courts of the Russian Federation and the position of the Supreme Court are investigated. The authors note the existence of theoretical and practical issues related to this legal institution due to its complex nature. In particular, it is noted that neither the norms of substantive nor the norms of procedural law contain clear indications of the form and content of the pre-trial claim, which leads to problems of qualifying the document as a pre-trial claim in court. The identified problems indicate the need for higher courts to develop unified approaches to judicial practice, acting as a guideline for lower courts and participants in the dispute.
Keywords: claim, claim procedure, business activity, entrepreneurs, court.
Work bibliographic list
1. Bannikov R.Yu. Pre-trial settlement procedure in the system of prerequisites and conditions for the implementation (exercise) of the right to bring a claim to court: dis. … cand. legal Sciences. Voronezh, 2010. 196 p.
2. Gozhulenko Ya.N., Chubatova A.V. Pre-trial settlement of economic disputes // International Journal of the Humanities and Natural Sciences. 2020. No. 11-4 (50). pp. 50-52.
3. Mongush A.L. Ways to resolve legal conflicts // Bulletin of the Tuvim State University. 2014. No. 1. P. 163-166.
4. Savelyeva T.A. On the legal nature of the claim procedure for settling economic disputes // Bulletin of the Saratov State Academy. 2017. No. 6. S. 189-194.
5. Sulakshin S.S., Buyanova E.E., Kulakov V.V., Pogorelko M.Yu., Sazonova E.S., Tolstykh V.L., S.Yu. Filippova S.Yu. Alternative ways of resolving disputes between business entities. M.: Scientific expert, 2013. 272 p.
BUSINESS LAW
ZUBKOVA Mariya Nikolaevna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Institute of Law of the Samara State Economic University
BRODETSKAYA Margarita Anatoljevna
magister student of the Institute of Law of the Samara State Economic University
MEASURES OF INFLUENCE ON SUBSOIL USERS IN CASE OF VIOLATION OF DEADLINES FOR GEOLOGICAL EXPLORATION OF THE SUBSOIL
The relevance of this issue is justified by the need for the state to take additional legal measures against unscrupulous subsoil users, in terms of increasing their interest in carrying out work on the study of the subsoil as soon as possible, as well as stimulating subsoil users to comply with the license terms of geological exploration of the subsoil. In this regard, the article discusses the regulatory and legal regulation in terms of geological exploration of the subsoil, as well as measures of state influence on subsoil users for violating the terms of the license for geological exploration of the subsoil. Similar norms provided for in the draft law on amendments to Article 43 of the Law of the Russian Federation “On Subsoil” are also analyzed.
Keywords: subsoil plots, license for use, geological study.
Work bibliographic list
1. Galiyeva R.N. Legal regime of geological information // Abstract of the dissertation for the degree of candidate of legal sciences. [Electronic resource]. – Access mode: https://elib.utmn.ru/jspui/bitstream/ru-tsu/2299/1/382.pdf.
2. Peshkova (Belogortseva) H. V., Averina K. N., Berger E. V., Borisov A. A., Vedysheva N. O., Gaevskaya E. Yu., Ivanova Zh. B., Kamynina N. R. , Konovalchikova S. S., Levochko V. V., Maryin E. V., Naletov K. I., Chernus N. Yu., Vagina (Shikhaleva) O. V., Babich A. A., Kotukhov S. A. ., Yugova L. I. Commentary on the Law of the Russian Federation of February 21, 1992 No. 2395-1 “On Subsoil”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?
3. Shitik AA Legal regulation of relations in the field of subsoil use. [Electronic resource]. – Access mode: https://moluch.ru/archive/309/69736/
BUSINESS LAW
LUKIN Gleb Aleksandrovich
magister student of the Samara State University of Economics
TOKMAKOV Maksim Aleksandrovich
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
FORMAL AND INFORMAL BUSINESS ASSOCIATIONS
The article is devoted to the problems of definition and classification of business associations in Russian law. The paper notes the lack of coverage of all business associations through the two most common criteria that reflect the relationship between entities – “ownership” and “control”, which implies the need to use another criterion – “economic interdependence”. Taking into account the above criteria, the authors generalize the connections of these subjects into groups that are larger (formal and informal connections), which makes it possible to classify business associations into formal and informal associations.
Keywords: business associations, subjects of business associations, formal and informal communication, economic interdependence.
Work bibliographic list
1. Bykanov D. D. Removing the corporate veil under the law of the USA, the Netherlands and Russia // Law. – 2014. – No. 7. – pp. 71-80.
2. Zvezdina T. M. Contract as a legal basis for an entrepreneurial association // Business, Management and Law. – 2019. – No. 1. – pp. 35-39.
3. Semenov V. M. Economics of the enterprise. – St. Petersburg: Peter, 2018. – 416 p.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
LEGAL REGULATION OF TRADE UNDER THE LEGISLATION OF THE RUSSIAN EMPIRE IN THE FIRST THIRD OF THE 19TH CENTURY
The article provides an analysis of the legislation on merchants and trade in the first third of the 19th century. The author examines the main regulatory legal acts in this area, explores the structure, content, goals of the legislative regulation of trade in this period. The article concludes on the intersectoral nature of commercial law in the first third of the 19th century, as well as on the significance of this time period for the development of business law in Russia.
Keywords: trade law, merchant legislation, trade legislation in the era of Alexander I.
Work bibliographic list
1. Arkhipov I. V. The second stage of the codification of the commercial legislation of Russia: the projects of the “Bill Committee” (1827-1832) and the Trade Charter of 1832 // Commercial Law. – 2011. – No. 2 (9). – pp. 88-103.
2. History of taxes in Russia. IX – beginning of the twentieth century / V. N. Zakharov, Yu. A. Petrov, M. K. Shatsillo. – M.: ROSSPEN, 2006.
3. Krupeynikov K. V. Formation and development of legislation on entrepreneurial activity in pre-revolutionary Russia // Russian entrepreneurship: history and modernity: Collection of materials of the I All-Russian Morozov Readings. – Orekhovo-Zuevo, 2018.
4. Mishakova O. The role of the legislation of the Russian Empire in the formation and development of small business at the end of the XVII – first half of the 19th century // Power. – 2011. – No. 2. – C. 140-143.
5. Tolkushkin A.V. The history of taxes in Russia. – M.: “Lawyer”, 2001.
6. Ulyanova G. N. Legislative regulation of trade in the Russian Empire (From the city regulation of 1785 to the Guild reform of E. F. Kankrin) // Tractus Aevorum 5 (1). – Vestna 2018. – pp. 50-75.
7. Shaymakova S. G. State trade tax (according to legislative acts of Russia in the second half of the 19th – early 20th century) // Humanitarian Studies. – 2012. – No. 3(43). – pp. 217-222.
LABOR LAW
RAKITINA Ekaterina Vasiljevna
Ph.D. in Law, associate professor of the Hulunbuir University, Hailar, Hulunbuir, PRC
CHUNMEI Yang
associate professor of the Hulunbuir University, Hailar, Hulunbuir, PRC
DIRECTIONS FOR IMPROVING THE INSTITUTION OF THE PROHIBITION OF COMPETITION IN THE LABOR LAW OF CHINA
The practice of applying the prohibition of competition in Chinese labor law allowed us to note problematic points on this issue and identify ways to solve them. The Chinese experience of legal regulation can be used when introducing the institute of prohibition of competition into Russian labor law.
The identified areas of improvement relate to the category of employees with whom a non-competition agreement may be concluded; the terms of the said agreement, and the consequences of its violation by the parties to the employment contract.
The wording of the category of persons with whom non-competitive relations can be established should be clear and not allow for an expansive interpretation. For the terms of the non-competition agreement limits or the procedure for determining them should be established. The court should have right of to adjust these conditions based on the principles of fairness, reasonableness and expediency. The consequences of the parties’ violation of the non-competition agreement should concern both the employee and the employer, and include recognition of the agreement as not concluded; payment of a penalty by an employee, compensation for the losses caused to the employer; fulfillment of an obligation in kind if there is an objective need for this.
Keywords: prohibition of competition; employee; employer; employment contract; non-competition agreement; responsibility for violation of the obligation of non-competition
Work bibliographic list
1. 崔汪卫.竞业禁止制度的域外视角与经验启示.西华师范大学学报(哲学社会科学版). 2018. №6.页. 85-93.
2.李纬溢. ——W某与A公司劳动争议案评析.劳动保障世界.劳动关系. 2018. 26. 页.3.
3.黄克农.竞业限制协议效力问题研究.法制与社会. 2019. 6.页.37-40.
4.沈琦.劳动合同中的竞业限制相关问题探讨.法制与社会. 2018. 9. 页.51-52.
5.佘艺颖.离职竞业限制协议的成立认定与效力问题探讨.中国劳动.2018.12.页. 80-84.
6.邹升茂.竞业限制违约金浅析.吉林广播电视大学学报.2019. 8. 页. 56-57.
7.吴逢刚.竞业限制义务的强制履行问题刍议.法制与经济(上旬刊). 2019. 6.页. 72-75.
1. Cui Wanwei. The Institute of Prohibition of Competition: Extraterritorial Perspectives and Application Experience // Journal of West China Normal University (Philosophy and Social Sciences Edition). – 2018. – No. 6. – pp. 85-93.
2. Lee Weiyi. Understanding and applying the prohibition of competition – Analysis of the labor dispute between W and company A // World of labor protection. Labor Relations. – 2018. – No. 26. – P. 3.
3. Juan Canun. Study of the effectiveness of agreements on the restriction of competition // Legal system and society. – 2019. – No. 6. – pp. 37-40.
4. Shen Qi. Study of issues related to the prohibition of competition in labor contracts // Legal system and society. – 2018. – No. 9. – pp. 51-52.
5. She Ying. Consideration of the issue of the conclusion and validity of the agreement on non-competition upon dismissal // Chinese labor force. – 2018. – No. 12. – pp. 80-84.
6. Zou Shengmao. A Brief Analysis of the Anti-Competition Penalty // Journal of Jilin Radio and Television University. – 2019. – No. 8. – pp. 56-57.
7. At Fangan. Enforcement of obligations to restrict competition // Legal system and economics. – 2019. – No. 6. – pp. 72-75.
FINANCIAL RIGHT
GARIPOVA Elvina Kamilevna
postgraduate student of the Kazan (Privolzhie) Federal University
ON THE QUESTION OF THE CONCEPT OF THE FINANCIAL AND LEGAL MECHANISM OF MUNICIPALITIES
This article examines the financial mechanism of municipalities. The author’s approaches to the definition of the concept of the financial mechanism of a municipality and to the basic elements of the financial mechanism are formulated. Special attention is paid to the issues of the structure (element composition) of the financial mechanism. The author lists the key features of the financial mechanism of municipalities, defines its basic components.
Keywords: local self-government, local finance, financial relations, municipal finances, mechanism, financial mechanism.
Work bibliographic list
1. Avramchikova N.T. State and municipal finance: textbook and workshop for academic bachelor’s degree. – M.: Yurayt, 2019. – S. 12-13.
2. Financial law: a textbook for free software / Ed. EAT. Ashmarina. 3rd ed., revised. and additional – M.: Yurait Publishing House, 2019. – P. 18.
3. Dmitrieva G.K., Viktorova N.N. State sovereignty in the context of attracting foreign investment // Actual problems of Russian law. – 2018. – No. 12 (97). – S. 29-33.
4. Dogodailo E.Yu. Economic sovereignty of the Russian Federation: analysis of the main legal forms of implementation at the present stage // Bulletin of the Tuva State University. university social and humanitarian. science. – 2018. – No. 1. – P. 177-184.
5. Drobozina L. A. Financial system. – M.: Unity, 2004. – S. 114.
6. Finance. Money turnover. Credit / Ed. L.A. Drobozin. – M.: Unity, 2004. – 527 p.
7. Zapolsky S.V. Financial law: a textbook for academic undergraduate studies / Ed. ed. S.V. Zapolsky. 3rd ed., revised. and additional – M.: Yurait Publishing House, 2015. – P. 29.
8. Zapolsky S.V. Decree. op. – S. 29.
9. Ibid.
10. Kovalev V.V., Kovalev Vit.V. Finance of organizations (enterprises): textbook. – M.: Prospekt, 2013. – 352 p.
11. Krokhina Yu.A. City as a subject of financial law. – Saratov. Branch of Institute of State and Law of the Russian Academy of Sciences. Saratov: Volga Region State Academy. services, 2000. – 208 p.
12. Krokhina Yu.A. Financial law of Russia: textbook. 3rd ed., revised. and additional – M.: Norma, 2008. – 720 p.
13. Kurilov K.Yu. Financial mechanism, its content and main components // Bulletin of the Volzhsky University im. V.N. Tatishchev. – 2014. – No. 24. – P.1-4.
14. Melnikov A.E. To the question of the concept of the financial mechanism // Management of economic systems: electronic scientific journal. – 2017. – No. 7 (101). – P.37-41.
15. Molchanov N.P., Molchanov I.N. Conceptual foundations of the financial mechanism of non-profit organizations in the sphere of education in Russia // Audit and financial analysis. – 2015. – No. 2. – P. 438-443.
16. Sedelnikova R.I. Finances of public legal entities as a means of implementing the public interest // Izvestia of the Irkutsk state. economy academy. – 2016. V. 21. – No. 1. – P.135-139.
17. Modern economic dictionary / B.A. Reisberg, L.Sh. Lozovsky, E.B. Starodubtsev. 2nd ed., corrected. – M.: INFRA. M, 1999. – 479 p.
18. Fatyanov A.A. Categories “money”, “finance” and the subject of financial law // Economics. Taxes. Right. – 2013. – No. 2. – P. 80-87.
19. Financial law / (responsible editor Khimicheva N.I. 3rd ed., revised and additional – M.: Yurist, 2004. – 749 p.
20. Chernodubova E.V. Instruments of adaptive financial mechanism for ensuring the profitability of enterprises // Scientific Bulletin: Finance, Banks, Investments – 2013. – No. 3 (22) – P. 44-48.
21. Chesnokov A. A. Municipal entities as subjects of budgetary law: abstract of dissertation …candidate of legal sciences – Saratov, 2000. – 34 pp.
22. Sharinova G. A. Financial mechanism – an active element in the financial management system // Bulletin of the Kalmyk University – 2013. – No. 1 (7) – P. 94-99.
FINANCIAL RIGHT
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, Honored Lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
SOME ASPECTS OF IMPROVING THE LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS
The article analyzes and reveals the essence and features of the legal understanding of the category “digital financial assets” from the standpoint of scientific approaches and legislative definition. The algorithm of actions of the information system operator in the presence of legally binding court decisions in the implementation of bankruptcy procedures, inheritance, enforcement proceedings in the field of accounting and turnover of digital financial assets is investigated. The prospects of improving legislation in the field of taxation of transactions with digital financial assets are analyzed.
Keywords: digital financial assets; information system operator; taxation of digital financial assets.
Work bibliographic list
1. Evsikova E. V., Staritsyn A. V. Some aspects of legal regulation of digital financial assets in the Russian Federation // Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. – 2022. – T. 8 (74). – No. 2. – pp. 143-155.
2. Aryamov A. A., Gracheva Yu. V., Chuchaev A. I., Malikov S. V., Olkov S. G. Taxation of the turnover of digital assets // Asia-Pacific region: economics, politics, law. – 2019. – No. 1. – pp. 96-129.
3. Razdorozhny K. B. Financial and legal regulation of a digital financial asset (cryptocurrency), procedures, issuance and placement of digital financial assets (ICO) in Russia and in foreign countries // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – No. 9 (49). – pp. 163-169.
4. Milos D. V., Gerasenko V. P. Prospects for the development of digital financial assets // Economic Bulletin of the University. – 2020. – No. 44. – pp. 56-63.
5. Akinfieva V. V. Digital financial assets as a new type of digital rights // Ex jure. – 2021. – No. 1. – pp. 46-55.
FINANCIAL RIGHT
KUZMICHEVA Yuliya Valerjevna
magister student of the Samara State University of Economics
TOKMAKOV Maksim Aleksandrovich
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
PECULIARITIES OF LICENSING THE BANKING ACTIVITIES OF CREDIT INSTITUTIONS WITH FOREIGN INVESTMENTS
The paper highlights the main features of creating a credit institution with foreign investment, as well as obtaining a license from the Bank of Russia. There is a downward trend in the level of foreign participation in Russian credit institutions. Separately, a draft law aimed at preserving the activities of companies in Russia and providing for the possibility of introducing an external administration in relation to organizations controlled by foreign persons is being considered.
Keywords: credit organization with foreign investments, licensing, Bank of Russia, foreign capital.
Work bibliographic list
1. The Bank of Russia calculated the amount of participation of foreign capital in the total authorized capital of credit and insurance organizations. – [Electronic resource]. – Access mode: http://www.cbr.ru/press/event/?id=12681 (date of access: 04/12/2022).
2. The Bank of Russia is implementing additional measures to support the financial sector and lending to the economy. – [Electronic resource]. – Access mode: http://cbr.ru/press/pr/?file=15042022_131514BANK_SECTOR15042022_121719.htm (date of access: 06/20/2022).
3. Foreign banks are leaving Russia. How will this affect their customers? – [Electronic resource]. – Access mode: https://www.finversia.ru/publication/ocenka/poslednie-priklyucheniya-inobankov-v-rossii-111868 (date of access: 20.06.2022).
4. Information on operating credit institutions with the participation of non-residents as of January 1, 2021. – [Electronic resource]. – Access mode: https://www.cbr.ru/Collection/Collection/File/32130/PUB_210101.pdf (date of access: 06/22/2022).
5. Quantitative characteristics of operating credit institutions (2021). – [Electronic resource]. – Access mode: https://www.cbr.ru/banking_sector/statistics/ (date of access: 06/22/2022).
6. Tatarinova L. V. Participation of foreign capital in the Russian banking system // Baikal Research Journal. – 2018. – T. 9. No. 3. – P. 11. DOI: 10.17150/2411-6262.2018.9(3).11.
7. The Central Bank agreed on a project on the external management of the assets of a foreign business leaving the Russian Federation. – [Electronic resource]. – Access mode: https://www.interfax.ru/business/829556 (date of access: 06/25/2022).
8. Yaroshenko NV Legal problems of creation and activity of credit institutions with foreign capital // Entrepreneurial Law. – 2021. – No. 3. – pp. 40-49. DOI: 10.18572/1999-4788-2021-3-40-49.
FINANCIAL RIGHT
LITSENBERG Irina Ivanovna
Ph.D. in economical sciences, associate professor, Dean of the Faculty of Law of the Trans-Baikal Institute of Entrepreneurship – Branch of the Siberian University of Consumer Cooperation
THE CENTRAL BANK OF RUSSIA AS A BANKING SUPERVISION BODY
The article reveals the powers of the Bank of Russia as a banking supervision body. It is noted that prudential supervision and the main functions of the central bank clearly complement each other. When choosing corrective actions, one should be guided by the effectiveness of decisions and their dependence on the nature of shortcomings, their causes, and the overall financial condition of the bank. Unfortunately, not all of these criteria are applied by the Bank of Russia all the time. The analysis of the correlation between the norms of the Law and the Administrative Code revealed a number of discrepancies between Article 74 of the Law on the Bank of Russia and art. 15.26 of the Administrative Code, which, taking into account also the very rare application in practice of liability under Article 15.26 of the Administrative Code, allowed us to conclude that it is advisable to bring the punishment under this article in accordance with Article 74 of the Law on the Bank of Russia, or the exclusion of Article 15.26 from the Administrative Code. It is noted that the Bank of Russia has been cleaning up the banking sector since 2013 by revoking licenses from banks. In this regard, an obvious problem is the growing concentration of capital in the largest banks, which gives them the opportunity to displace small players from the market.
Keywords: Bank of Russia, bank, authority, control, supervision, administrative responsibility.
Work bibliographic list
1. Astashov V.S. Problems and prospects for the development of banking regulation and supervision in Russia // Chronoeconomics. 2020. No. 3 (24). May.
2. Lapina M.A., Karpukhin D.V., Komissarova M.V. Comparative legal analysis of the procedure for the application by the Bank of Russia to credit institutions of measures of administrative coercion // Banking Law. 2014. No. 5 // ATP «Consultant Plus».
3. Nalobnova N.V. The problem of compliance with the procedural order of bringing credit institutions to administrative responsibility for violating the legislation on banks and banking // Banking Law. 2012. No. 9.
4. Ninalalova F.I., Gasanova A.G. Analysis of the activities of the Central Bank of the Russian Federation for the control and supervision of the banking sector // Bulletin of the Dagestan State University Series 3. Social Sciences. 2021. Volume 36. Issue. 1.
5. Korshunova S.E. The development of the sphere of supervisory activities of the bank of russia as a mega-regulator of the financial market // Journal of Economy and Business. 2020 Vol. 7 (65).
FINANCIAL RIGHT
SOROKVASHINA Yuliya Sergeevna
magister student of Economics, finance and accounting sub-faculty of the I. S. Turgenev Oryol State University
ANDROSOVA Anastasiya Olegovna
magister student of Economics, finance and accounting sub-faculty of the I. S. Turgenev Oryol State University
WORLD EXPERIENCE IN IMPLEMENTING THE STRATEGY OF GREEN FINANCE
The article discusses international approaches to the definition of “green” financing, and also analyzes the most striking and successful examples of programs for implementing a strategy aimed at developing a “green” economy, which can be taken as a basis and adapted to the national economy for the development of programs to protect the environment and increase standard of living.
Keywords: “green” financing, world experience, “green” economy.
Work bibliographic list
1. G20 Green Finance Synthesis Report / G20 Green Finance Study Group, 2017. [Electronic resource]. – Access Mode: https://www.bundesfinanzministerium.de/Content/EN/Standardartikel/ Topics/world/G7-G20/G20 Documents/Hamburg_reports-mentioned/G20-Green-Finance-Synthesis-Report.pdf?__blob=publicationFile& v=3
2. People’s Bank of China. UNEP Inquiry (2015). Establishing China’s Green Financial System. Theoretical Framework of Green Finance. Available at: [Electronic resource]. – Access Mode: http://unepinquiry.org/wp-content/uploads/2015/04/ECGFS_Background_Paper_A_Theoretical_Framework.pdf.
3. Arkhipova V. V. “Green Finance” as a tool for solving global problems // Higher School of Economics Economic Journal. – 2017. – V. 21. – No. 2. – S. 312-322
4. Bazhenov I.N. “Green” financing: world trends and Russian practice // Problems of national strategy. – 2018. – P. 172-186.
5. Dvoretskaya A.E. Green financing as a modern trend of the global economy // Bulletin of the Academy. Moscow Academy of Entrepreneurship under the Government of Moscow. – 2017. – No. 2. – P. 60-65.
TAX LAW
DIBIROV Yusup Saibulaevich
senior lecturer
GAPAEV Islan Gaparovich
magister student of the 2nd course of study of the Institute of Law of the Dagestan State University
FORMS AND METHODS OF ORGANIZATION OF CONTROL WORK OF TAX AUTHORITIES
The creation of an effective system of control over the collection of tax revenues to the budget system should be among the main tasks of the general socio-economic policy of the state. Tax audits, obtaining explanations from taxpayers, tax agents and payers of the collection, inspection of premises and territories used to extract income (profit), checking accounting and reporting data, tax monitoring, etc. They are the main tools of the control activities of tax authorities, allowing the most complete and thorough verification of the correctness of the payment of taxes (fees) and the fulfillment of other duties by the taxpayer.
Keywords: tax control, tax audits, taxes, tax offenses, tax authorities, desk tax audit, on-site tax audit.
Work 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” // Gazette of the SND and the Supreme Council of the RSFSR. 1991. No. 15. Art. 492.
3. Krokhina Yu.A. Tax law: a textbook for universities. M.: Yurayt, 2020. P. 174.
4. Decree of the Federal Antimonopoly Service of the Moscow District of August 20, 2010 No. KA-A40 / 8830-10 “On the cancellation of the decision of the tax authority” // ATP Consultant Plus.
5. Ledovskaya D.A. Evaluation of the effectiveness of field tax audits // Bulletin of the Ural Institute of Economics, Management and Law. 2018. No. 2. P. 57.
6. Determination of the Constitutional Court of the Russian Federation of 08.04.2010 No. 441-O-O “On the refusal to accept for consideration the complaint of civil Izmailova G.V. to the violation of her constitutional rights, paragraph 1 of Art. 89 of the Tax Code of the Russian Federation // ATP Consultant Plus.
7. Big legal dictionary. [Electronic resource]. – Access mode: https://rus-big-jurisprudence-dict.slovaronline.com/ (date of access: 04/09/2020).
TAX LAW
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor of Public law sub-faculty of the Pacific National University
POLYAKOVA Svatlana Andreevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Far Eastern Law Institute of the MIA of Russia
ON PRINCIPLES IN RUSSIAN TAX LAW
The article is devoted to the study of one of the problems of the theory of tax law. It deals with such an important legal category of tax law as principles.
The authors attempt to consider their essence, group by type, highlighting the principles of tax law, the principles of its general and special parts, as well as institutions. The principles of tax law are called as a separate group.
In addition, the conclusion about the special role of the principles of tax law for law enforcement practice in modern conditions is justified.
Keywords: legal system, tax law, scientists, principle, tax system, legislation, taxation, lawyer, economist, tax establishment, tax introduction, tax, type, industry, general and special part, institute, science.
Work bibliographic list
1. Demin A.V. Norms of tax law: monograph. – Krasnoyarsk: Siberian Federal University, 2010.
2. Financial and economic dictionary. – M.: AO «Finstatinform», 1995.
BUDGET LAW
GAZIZOV Timur Irshatovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOCIAL GUARANTEES IN THE FIELD OF MEDICAL SUPPORT, SANATORIUM AND RESORT TREATMENT FOR EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
This article discusses one of the most important social guarantees for law enforcement officers and members of their families – medical support, analyzes the legislation and highlights the problems that arise when police officers receive medical care, in addition, special attention is focused on measures taken by the state to improve the scope of social guarantees and security. The special importance of sanatorium-and-spa treatment for employees of the internal affairs bodies of the Russian Federation is also considered.
Keywords: medical support, sanatorium treatment, employees of the Internal Affairs of the Russian Federation, social guarantees.
Work bibliographic list
1. Shustrov D. G. The limits of constitutional change and constitutional control over their observance in Russia and the post-Soviet states: a comparative legal study. – M.: Yurlitinform, 2018. – P. 56.
2. Dubak E. A. Some problems of psychological rehabilitation of police officers // Psychopedagogy in law enforcement agencies. – 2008. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-psihologicheskoy-reabilitatsii-sotrudnikov-ovd (date of access: 14.02.2022).
3. On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation: Federal Law of July 19, 2011 No. 247-FZ [adopted by the State Duma on July 7, 2011: approved by the Federation Council on July 13, 2011]. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_116988/
ENVIRONMENTAL LAW
FETISOVA Anastasiya Maksimovna
LL.M, Legal expert, ANO «The International and Comparative Law Research Center», Property Management Department PJSC «RusHydro»
FISHING CONSERVATION AREAS: CHANGES AS A RESULT OF ADMINISTRATIVE REFORM OF CONTROL, SUPERVISION AND PERMITTING ACTIVITY
The purpose of writing an article is to analyze the results of the reform of control, supervision and licensing activities (“regulatory guillotine”) in terms of changes in the legal regulation of fishery conservation areas. Creating conditions for the start of the practice of establishing these zones is an important step with great environmental potential. The abolition of fish protection zones, as duplicating the legal regime of water protection zones, is positively assessed by the author, since this step contributes to an enhance of the level of legal certainty. The following methods of research are used: theoretical, comparative, extrapolation. This work is additional material for lawyers specializing in environmental and land law, as well as for environmentalists.
Keywords: water bodies, fishery protection zones, fishing conservation areas, «regulatory guillotine».
Work bibliographic list
1. Sivakov D. O. Water object and water fund as legal concepts // Reference legal system «ConsultantPlus».
2. Gassy M. V. Water as a multifaceted legal phenomenon. Search for legal status // Proceedings of the I North-West Interregional Public Ecological Conference “Water Resources of the North-West: Problems, Prospects, Solutions”, held by the Public Chamber of the Leningrad Region on March 27-28, 2017.
3. Bogolyubov S. A., Kichigin N. V., Ponomarev M. V. Commentary on the Water Code of the Russian Federation (item-by-article) // Reference Legal System «ConsultantPlus». The author of the commentary to Art. 64 – S. A. Bogolyubov.
4. Brinchuk M. M. Environmental Law: Textbook. – M.: Higher education, 2005. – P. 346.
5. Law of the Republic of Kazakhstan dated July 7, 2006 No. 175-III “On Specially Protected Natural Territories”. – Art. 80. – [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=37348957 (date of access: 06/10/2022).
6. Instead of the fish protection zone – reserve: what has changed for fish farms. – [Electronic resource]. – Access mode: https://crimea.ria.ru/20211215/vmesto-rybookhrannoy-zony—zapovednik-chto-izmenilos-dlya-rybnykh-khozyaystv-1121741367.html (date of access: 06/10/2022).
7. Zolotova O. A. Legal regime of lands of protected zones: Dis. &helli; cand. legal Sciences. – Moscow, 2013. – P. 20.
8. Biological substantiation of the formation of the Western Kamchatka fishery reserve zone. Report of KamchatNIRO, 2011.
ENVIRONMENTAL LAW
ANDROSOVA Anastasiya Olegovna
magister student of Economics, finance and accounting sub-faculty of the I. S. Turgenev Oryol State University
PROBLEMS OF ENVIRONMENTAL MANAGEMENT IN THE RUSSIAN FEDERATION AND WAYS TO OVERCOME THEM
The article examines the main difficulties of the Russian Federation in the field of rational nature management, which, in turn, is a condition for sustainable economic growth, and also considers ways to overcome existing problems.
Keywords: nature management, natural resources, rational use.
Work bibliographic list
1. Bobylev A.O. Development of the system of state management of environmental activities in Russia // EKO. – 2020. No. 3. – P. 154-169.
2. Ivatanova N.P., Bezgubova A.A., Gryaznova E.A. Economic problems of regional management of nature management and the natural environment // Proceedings of the International Conference “Socio-economic and environmental problems of mining, construction and energy”. – TulGU. – 2021. – V. 1. – S. 612-615.
3. Ignatieva I.A. Economic regulation in the field of environmental protection and nature management and tools of the “green” economics: intersection points in law // Ecological law. – 2019. – No. 4. – S. 37-42.
4. Shevchuk V.D., Rogozhin L.K. The economy of the future and a closed resource cycle // The Economist. – 2020. – №3. – S. 32-41.
TRANSPORT LAW
BEBURIYA David Besikovich
postgraduate student of the 1st course of the Institute of Law of the Russian University of Transport (MIIT)
TO THE QUESTION OF THE LEGAL ASPECTS OF DIGITALIZATION IN THE LOGISTICS AND TRANSPORT INDUSTRY IN MODERN CONDITIONS
The article discusses the digitalization of the transport industry in modern conditions. The author analyzes in detail the logistics, which is currently undergoing a serious stage of its development, which in turn requires a serious legal framework. The article reveals the nature of the development of logistics in transport law.
Keywords: transport, logistics, digitalization, legal regulation.
Work bibliographic list
1. Borisov A. V. Threats to transport security in Russia // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2020. – No. 2 (24). – P. 76-79.
2. Dmitrieva O. A., Ilyukhina S. S., Vlasov A. V. Logistics. Tutorial. – Volgograd, 2018.
3. Dukhno N. A., Chebotareva A. A. Transport and Legal Forum: an annual international and leading scientific event of the Law Institute of the Russian University of Transport. // Transport Law and Security. – 2021. – No. 1 (37). – P. 13-20.
4. Dukhno N. A., Zemlin A. I., Gots E. V., Edigareva Yu. G., Zemlina O. M., Lipunov V. I., Mamonova M. V., Matveeva M. A., Melnikov V S., Melnikova Yu. V., Openyshev O. S., Petrov Yu. I., Pishchelko A. V., Rasulov A. V., Filippova M. Yu., Kharlamova Yu. A., Khimich T. M. .Transport law. Textbook. – Moscow, 2022. Ser. 76 Higher education (3rd ed., translated and added).
5. Rudakova E. N., Panshin A. I., Vlasov A. V. Digitalization as one of the trends in the development of transport and logistics in modern conditions. Entrepreneur’s Guide. – 2021. – T. 14. – No. 1. – S. 51-61.
CRIMINAL LAW
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
ABUSE OF OFFICE (ARTICLE 285 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) AND ABUSE OF OFFICE (ARTICLE 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) AS CRIMES AGAINST STATE POWER, THE INTERESTS OF THE STATE AND MUNICIPAL SERVICE: THEIR FEATURES AND DIFFERENCES
This work provides a quantitative description of the crimes provided for in Articles 285, 286 of the Criminal Code of the Russian Federation. The indicators for the number of convicted persons according to these articles and the types of punishment imposed are summarized. The criminal legal features of these types of crimes are considered. Their differences in the objective side and in the list of qualifying features were determined. Some causes of these crimes have been identified and measures have been proposed to prevent them.
Keywords: official, use of official powers, vested interest, material violation of rights and legitimate interests, limits of authority.
Work bibliographic list
1. Crime rates in Russia. – [Electronic resource]. – Access mode: http: //crimestat.ru. (date of access: 03.06.2022).
2. Criminal Code of the Russian Federation of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 23.09.2021).
3. Judicial statistics. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 06/10/2022).
CRIMINAL LAW
BADAMSHIN Ilfat Davletnurovich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
KOSINOV Vyacheslav Vladimirovich
lecturer of Internal affairs in special conditions sub-faculty of the St. Petersburg University of the MIA of Russia
KULIEV Inal Borisovich
lecturer of Special disciplines sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
VIOLENCE IN THE FAMILY: TO THE QUESTION OF ITS INTERPRETATION
Crime in Russia over a long period of time is the most significant, among all, more and more increasing, spectrum causing wide public resonance, phenomenon. This is especially true for the facts of manifestation in the society of intolerance, excessive aggression and violence. Based on the analysis of a criminal nature, violence as such spread in almost all spheres of the life of society and man and finds its expression in its most diverse forms. The family-household sphere did not remain unaffected.
Keywords: family, family relations, conflict, aggression, violence, violent crime.
Work bibliographic list
1. General Prosecutor’s Office of the Russian Federation. Legal Statistics Portal. Crime indicators in Russia. [Electronic resource]. – Access mode: http://crimestat.ru/analytics (date of access: 06/11/2022).
2. Badamshin I.D. On the state of domestic violence // collection of materials of the All-Russian scientific and practical conference “Criminal policy in modern Russia: state and development prospects”. – Ufa: UUI of the Ministry of Internal Affairs of Russia, 2020. – pp. 8-11.
3. Dal V.I. Explanatory Dictionary of the Living Great Russian Language. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Spravochniki/tolkovyj-slovar-zhivogo-velikorusskogo-jazyka-v-i-dalja-bukva-n/2160 (date of access: 06/11/2022).
4. Abubakirov F. M. Criminal-legal assessment of violence in criminal legislation and judicial practice // Russian judge. – 2011. – No. 8. – pp. 19-23.
5. Fateev A. N. Domestic violence: experience of criminological research: author. dis. … cand. legal Sciences. – M., 2006. – 19 p.
6. Baron R., Richardson D. Aggression. – St. Petersburg: Peter, 2001. – 352 p.
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
FEATURES OF CORRECTIONAL AND EDUCATIONAL IMPACT ON JUVENILE OFFENDERS IN CONDITIONS OF PENITENTIARY INSTITUTIONS
The article actualizes the problem of correction of juvenile offenders in conditions of penitentiary institutions; The concepts of “correctional and educational impact”, “penitentiary institutions” are revealed; specific methods of correction of juvenile convicts through educational impact are characterized. The paper also provides statistical data revealing the features of crimes committed by juvenile offenders; modern methods and directions of correction of juvenile offenders in educational colonies are considered.
Keywords: penitentiary system, educational work, methods of education, method of encouragement, method of punishment, moral and patriotic qualities of personality, sanitary and hygienic education.
Work bibliographic list
1. Penal Code of the Russian Federation of 08.01.1997 No. 1-FZ (with amendments and additions that entered into force on 08.01.2019). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_12940/
2. Statistical report of the Federal Penitentiary Service of Russia in the form 2-UIS “Report on the state of crime among persons held in penitentiary institutions” for 2018, 2019, 2020, 2021
3. Guryevskikh P. V. Measures of encouragement as a tool for juvenile convicts // Law Journal. – 2014. – № 2.
4. Borovikov S. A. Compulsory measures of educational influence in relation to minors as an alternative to criminal punishment: dissertation … candidate of legal sciences: 12.00.08. – Vologda, 2017. – 234 p.
5. Tagirova G.S. Psychological and pedagogical correctional work with difficult adolescents. – M.: Ped. Society of Russia, 2015.
CRIMINAL LAW
EVSEEV Ivan Valentinovich
associate professor of Civil law sub-faculty of the Ural Institute of Management of the RANEPA under the President of the Russian Federation
SHULGA Ruslan Yurjevich
senior lecturer of the Kurgan State University
PROBLEMS OF COUNTERING THE OCCURRENCE AND DISTRIBUTION OF EXTREMISM IN THE INSTITUTIONS OF THE CRIMINAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION
In the presented article, the authors present reasoning on the dissemination of ideas of an extremist orientation in institutions of the punishment execution system by means of close interaction for a long time. Based on the analysis of statistical information and analysis of personal conversations with convicts from among those in contact with adherents of extremist views, the authors came to the conclusion that it is necessary to elaborate in detail programs of educational and corrective influence on convicts for extremism and terrorism.
Keywords: penal institutions, convicts, extremist ideas, influence, legal directions.
Work bibliographic list
1. Evseev I.V., Trotsenko O.S. From the history of the emergence of correctional institutions in the Urals from the moment of their inception until the 1970s. Verkhneuralsk prison. – Yekaterinburg, 2021. – 256 p.
2. Kochoi S.M. Terrorism and extremism: criminal law characteristics. – M.: «Prospect», 2005. – P. 175 // Social and humanitarian sciences. Domestic and foreign literature. Ser. 4. State and law: ref. magazine – 2006. – No. 2. – pp. 110-112.
3. Matchanova Z.Sh. Factors of the spread of terrorism in modern Russia: criminological analysis: dis. &helli; cand. legal Sciences. – SPb., 2015. – 219 p.
4. Matchanova Z.Sh. Factors of the spread of terrorism in modern Russia: criminological analysis: dis. &helli; cand. legal Sciences. – SPb., 2015. – P. 181.
5. Merkuriev V.V. Prevention of extremist activity in correctional institutions of the Federal Penitentiary Service of Russia in the context of solving the problems of preserving and developing the personality of convicts // Prison service: official. inform. Synod resource. otd. Moscow Patriarchate for Prison Ministry. [Electronic resource]. – Access mode: http://crimas.ru/wp-content/uploads/2014/12/Doklad-Merkureva-v-Akademii-FSIN-Rossii-27-28.11.2014.pdf (date of access: 31.08.2021).< br />6. Chistyakov A.A., Vladimirov D.M. Countering the possibilities of the emergence and spread of extremism in the institutions of the penitentiary system // Man: crime and punishment. – 2020. – T. 28(1-4), No. 3. – pp. 417-424.
7. Yarovsky M.A. Organization of counteraction to religious extremism in places of deprivation of liberty: textbook – pract. allowance. – Samara: Samar. legal Institute of the Federal Penitentiary Service of Russia, 2015. – 195 p.
8. Yarovsky M.A. Penitentiary extremism: the scale of the threat and circumstances conducive to the commission of offenses of an extremist nature // Man: crime and punishment. – 2017. – T. 25 (1-4). – No. 3. – pp. 443-451.
CRIMINAL LAW
KOMAROVA Lyudmila Viktorovna
Ph.D. in philosophical sciences, Ph.D. in Law, associate professor, professor of Constitutional and administrative law sub-faculty of the Kuban State University
PROBLEMATIC ISSUES OF SENTENCING FOR ENVIRONMENTAL CRIMES: LAW AND JUDICIAL PRACTICE
This work is devoted to the problematic issues of assigning fair punishment for environmental crimes. The article presents a comparative analysis of sentencing for the same crime committed before and after the changes in the criminal legislation in 2018. The author notes that the disproportionate increase in punishment reduces its effectiveness, as practice shows. The comparative legal analysis made it possible to make proposals for improving the Russian criminal legislation when imposing penalties for environmental crimes.
Keywords: offense, individualization of punishment, criminal liability, environmental crimes.
Work bibliographic list
1. Antonov I., Schweiger A. Difficulties in qualifying norms providing for liability for environmental pollution // Criminal law. – 2013. – No. 3. – P. 5.
2. Agarzaeva G.A. On the necessity of fixing the sign of repetition in the criminal-legal structure of Article 250 of the Criminal Code of the Russian Federation // Izvestiya DSPU. – 2015. – No. 2 (31). – P. 98.
3. Vukolova N.V. Sentencing for environmental crimes “On some issues and problems of modern jurisprudence”: Sat. scientific papers based on the results of the international scientific and practical conference. No. 2. – Chelyabinsk, 2015. – P. 57.
4. Galinovskaya E.A. Legal regulation of the use and protection of biological resources: scientific-practical. allowance / Resp. ed. E.L. Minin. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2018. – P. 276.
5. Komarova L.V. Problems of qualification and individualization of punishment for environmental crimes // Essays on the latest cameralistics. – 2021. – No. 2. – pp. 34-37.
6. Luzhbin A., Schweiger A. Difficulties in applying Art. 250 of the Criminal Code of the Russian Federation // Criminal Law. – 2012. – No. 3. – P. 56.
7. Popov I.V. Crimes against the natural environment: problems of theory and practice. – M.: Yurlitinform, 2012. – P. 310.
8. Fatkulin S.T., Grishchenko V.A. The practice of sentencing for environmental crimes: Russian and world experience // Law and order: history, theory, practice. – 2016. – No. 2. –S. 71.
9. Shupletsova V.I. Legal regulation of the use and protection of forests under the legislation of the Russian Federation and foreign countries: monograph / ed. ed. Yu.I. Shupletsov. — M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2019. – P. 100.
10. Beznoshchenko D.A. Pollution of waters and the marine environment: criminal law analysis // Young researcher of the Don. — 2020. — No. 1 (22). — P. 108.
CRIMINAL LAW
KILIMBAEV Roman Valerjevich
Ph.D. in Law, senior lecturer of Criminal law sub-faculty of the Academy of the FPS of Russia
«WRONGFULNESS» AS A SIGN OF AN UNFINISHED CRIME
Since the adoption in 1996 of the current criminal law, the norms of the institution of an unfinished crime (Chapter 6 of the Criminal Code of the Russian Federation) have never been changed or supplemented, which at first glance may indicate its perfection and impeccability. Nevertheless, in the theory of criminal law, this institution still causes a lot of controversy and controversy, and in practice it often presents difficulties in application.
This article raises the question of the presence of a sign of illegality in an unfinished act, interrupted at the stage of preparation and at the stage of attempt. The subject of the article is the domestic criminal legislation and scientific works devoted to the category of wrongfulness and the institution of an unfinished crime. The purpose of the study is to consider the presence of a sign of unlawfulness in an unfinished act interrupted at the preparation stage and in an act interrupted at the attempt stage. The significance of the work lies in the fact that its results complement the doctrine of an unfinished crime and can be used in further scientific research on this criminal law institution. Conclusions are formulated about the presence of a sign of illegality in an unfinished act interrupted at the stage of an attempt and about its absence in an act interrupted at the stage of preparation. Proposals have been formulated to improve legislation in terms of the institution of an unfinished crime.
Keywords: illegality, unfinished crime, preparation for a crime, attempted crime, corpus delicti, criminal liability.
Work bibliographic list
1. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Yur. Literature, 1961.
2. Pavlukhin A. N. Socially dangerous behavior and its criminal wrongfulness. A. N. Pavlukhin, P. N. Nesterov, N. D. Eriashvili; ed. A. N. Pavlukhina. – M., 2007.
3. Dzhamalova B. B., Okruzhko V. Yu. The concept and main characteristics of criminal wrongfulness as a formal sign of a crime // Modern scientist. – 2019. – No. 6.
4. Tishkevich I.S. Preparation and attempt under Soviet criminal law. – Moscow, 1958.
5. Trainin A. N. Criminal liability for preparatory actions for a crime // Socialist legality. – 1953. – No. 12.
6. Nemirovsky E. Ya. Soviet criminal law. – Odessa, 1926.
7. Poznyshev SV Textbook of criminal law. A common part. – M.: Yurid. Publishing House of the People’s Commissariat of Justice, 1923.
8. Kilimbaev R. V. The basis and limits of liability for an unfinished crime: dis. &helli; cand. legal Sciences. – Ryazan, 2021.
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
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
IBRAGIMOV Ibrahim Gebekovich
magister student 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
PECULIARITIES OF THE APPLICATION OF CORRECTIVE MEASURES OF A MEDICAL NATURE IN THE NETHERLANDS
The article analyzes the norms of the criminal legislation of the Netherlands, which provide for various ways of applying coercive measures of a medical nature to persons who have committed a crime in a state of insanity or limited sanity. It also analyzes the unified public information database created in the Netherlands of persons suffering from a disorder of sexual preference (pedophilia) and having or having had a conviction for crimes against sexual integrity and other crimes of a sexual nature against minors.
The experience of the Netherlands in the application of coercive medical measures against persons who have committed a crime and have been declared insane by the court, as well as measures aimed at creating a system of preventive registration of persons prone to committing pedophilic offenses, in our opinion, should be taken into account when developing organizational and legal mechanisms to prevent relapse crime on the part of this category of persons on the territory of Russia.
Keywords: The Netherlands, persons who have committed crimes, the insane, compulsory medical measures, features of criminal legislation, persons suffering from pedophilia.
Work bibliographic list
1. Criminal Code of the Netherlands Scientific. ed. B. V. Volzhenkin; Per. from English. Legal. center. – [Electronic resource]. – Access mode: https://www.studmed.ru/view/ugolovnyy-kodeks-hollandii_7e2360bb71b.html.
2. Hryunhausen M. Some fundamentals and main principles of the Netherlands Criminal Code // Criminal Code of Holland. – SPb., 2001. – P. 10.
3. Tarbagaev A. N. Introduction to the criminal law of the Netherlands: the main institutions of the General part: textbook. allowance. – Krasnoyarsk, 2000. – P. 22.
4. Lensing H. The Dutch Criminal Code in a Comparative Aspect // Criminal Code of Holland. – SPb., 2001. – pp. 10-14.
5. Allen M., Smith V. F. Opening Pandora’s box: The practical and legal dangers of involuntary outpatient commitment // Psychiatric Services. – 2001. – Vol. 52, No. 3. – pp. 342-346.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia.
EDUCATION AS AN ELEMENT OF THE SOCIAL ADAPTATION OF CONVICTS IN CONTINENTAL EUROPE
The article notes the important role of obtaining the necessary vocational education for persons sentenced to deprivation of liberty, which is assigned to it by the countries of continental Europe. The article lists the main directions and levels of education available to convicts in a number countries of continental Europe.
Keywords: education of convicts, social adaptation, resocialization, correction of convicts, social adaptation, Europe.
Work bibliographic list
1. Rezhapova I. M. Education for prisoners abroad / I. M. Rezhapova // Theory and practice of scientific research: psychology, pedagogy, economics and management. – 2020. – No. 1 (9). – pp. 56-62. – EDN LLBYGD.
2. Kazakova T. A. Education of prisoners as an integral part of their resocialization (foreign experience) / T. A. Kazakova, M. I. Kuznetsov // Penitentiary system and society: interaction experience: Collection of materials of the VIII International scientific and practical conference, Perm, 06&ndash ;April 8, 2021. – FKOU VO Perm Institute of the Federal Penitentiary Service of Russia: Perm Institute of the Federal Penitentiary Service, 2021. – pp. 163-164. – EDN WETQYN.
3. Costello Anne; Torfinn Langelid; Wilson, An (2012). “Survey on Prison Education and Training in Europe” (PDF). Europa. OCLC 953824641. Archived from the original (PDF) on June 17, 2013. [Electronic resource]. – Access mode: https://op.europa.eu/en/publication-detail//publication/6480d344-75e7-4573-b860-1f62f1edc6c3.
4. Daria Becker Pestka (2020). “Meaning and meaninglessness of education for convicts. Selected aspects of education for convicts in Poland and in Europe”. Social Sciences & humanities open. 2(1). [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/pii/S2590291120300425.
5. Incarceration within American and Nordic Prisons: Comparison of National and International Policies (2012). [Electronic resource]. – Access mode: http://www.dropoutprevention.org/engage-backup/incarceration-within-american-and-nordic-prisons.
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 N. G. Stoletov Vladimir State University, senior justice adviser
VASILCHENKO Kseniya Vladislavovna
postgraduate student 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
ON THE ISSUE OF CRIMINAL LAW PROTECTION OF THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION FROM UNDESIRABLE ACTIVITIES OF FOREIGN AND INTERNATIONAL NONGOVERNMENTAL ORGANIZATIONS
The article analyzes the specifics of establishing criminal liability for the activities of a foreign or international non-governmental organization, in respect of which a decision was made to recognize its activities as undesirable on the territory of the Russian Federation (Article 284.1 of the Criminal Code of the Russian Federation). The assessment of this legislative decision is given, its socio-legal prerequisites are considered, nonviolent seizure of power.
Keywords: undesirable activity, non-governmental organizations, foreign and international organizations, criminal liability, foundations of the constitutional system, color revolutions.
Work bibliographic list
1. Grigoryeva L. V. The content of the object of criminal law protection, provided for by Article 284.1 of the Criminal Code of the Russian Federation // Bulletin of the Saratov State Law Academy. – 2016. – S. 237-242.
2. Kuznetsov A.P. The concept and general characteristics of crimes against the foundations of the constitutional system and state security // Socio-political sciences. – 2017. – No. 4. – P. 86-90.
3. Sergun E.P. Implementation of activities on the territory of the Russian Federation by an “undesirable” foreign or international non-governmental organization (Article 284.1 of the Criminal Code of the Russian Federation) // Bulletin of the Russian Academy of Law. – 2017. – No. 3. – P. 33-38.
CRIMINAL LAW
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
THE IMPORTANCE OF RETHINKING AND IMPROVING THE CRIMINAL LEGAL MEANS OF PROTECTING TRADITIONAL SEXUAL RELATIONS
The article examines both modern and criminal legal means of protection of traditional sexual relations formed in the Soviet period. Special attention is paid to the importance of rethinking such an object of crimes as sexual freedom. Possible directions for improving criminal legislation in order to maintain the law and order in force in the Russian Federation in the field of traditional sexual relations are formulated.
Keywords: crime, criminal liability, traditional sexual relations, the object of the crime, crimes against sexual freedom.
Work bibliographic list
1. Comprehensive analysis of the state of crime in the Russian Federation at the end of 2021 and expected trends in its development: Analytical review / M.V. Goncharova, O.R. Afanasiev, M.M. Babaev, G.F. Koimshidi, G.E. Bitsadze, V.G. Smirnov. – Moscow: All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – 78 p.
2. Crime conditions // Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/28021552/. (Accessed: 06/20/2022).
3. Mikhailova N.V. The object of crimes against sexual freedom and sexual inviolability // Spiritual situation of the time. Russia XXI century. – 2020. – No. 3 (22). – pp. 57-59.
4. Dydo A.V. Rape (Problems of criminal-legal qualification): author. dis. &helli; Ph.D. – Vladivostok, 2006. – 24 p.
5. Poddubnaya E. V. Rape and violent acts of a sexual nature: criminal law characteristics and qualifications: author. dis. &helli; Ph.D. – M., 2008. – 24 p.
6. Stetyukha MP Sexual freedom as an object of criminal law protection: some aspects // Almanac of modern science and education. – 2016. – No. 3 (105). – P. 120-123.
CRIMINAL LAW
FETISHCHEVA Lidiya Mikhaylovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Perm Institute of the FPS of Russia
SOKOLSKIKH Irina Ivanovna
cadet of the 3rd course of the Perm Institute of the FPS of Russia
THE MAIN ELEMENTS OF THE CONCEPT OF GUILT IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION
The relevance of the chosen topic lies in the fact that the establishment of the subjective side of the corpus delicti, of which guilt is an integral part, is a rather difficult problem. It is necessary to correctly establish the specific form of guilt (intentional crime or it was completely negligent). Guilt is the mental attitude of a person to a socially dangerous act committed by him and its consequences. Even the very concepts of guilt and responsibility are closely related. Since guilt is a feeling inherent in a morally developed person who is able to make responsible decisions. And this very relationship between these concepts is manifested in the fact that responsibility is a property of freedom, and guilt is one of the expressions of responsibility. The article reflects that there is no precise definition of guilt in modern criminal legislation, but only its forms are indicated. Guilt means the mental attitude of a person to a socially dangerous action or inaction committed by him and its consequences, which is expressed in the form of intent or negligence. Guilt should be differentiated from the emotional state, motives and goals that are taken into account when qualifying a crime.
Keywords: crime, guilt, criminal law, subjective side of the crime, signs of guilt, intent, negligence.
Work bibliographic list
1. Guilt in Russian criminal law: Abstract of the day. … candidate of legal sciences. – Rostov-on-Don, 2004. – S. 26.
2. Grebnyuk A.V. Guilt in Russian criminal law: Abstract of the thesis. … candidate of law. Sciences. – Rostov-on-Don, 2004. – P. 6.
3. Brief description of the state of crime in the Russian Federation for January – December 2019. [Electronic resource]. – Access mode: http://www.mvd.ru/ (date of access: 03.10.2021).
4. Brief description of the state of crime in the Russian Federation for January – December 2020. [Electronic resource]. – Access mode: http://www.mvd.ru/ (date of access: 03.10.2021).
5. On the submission to the State Duma of the Federal Assembly of the Russian Federation of the draft federal law “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with the introduction of the concept of a criminal offense”: Decree of the Plenum of the Supreme Court of the Russian Federation of October 13, 2020 No. 24. Access from the reference legal system «ConsultantPlus».
6. Decrees of the Yegenum of the Supreme Court of the Russian Federation dated January 27, 1999 “On judicial practice in cases of murder (Article 105 of the Criminal Code)” // Bulletin of the Supreme Court of the Russian Federation. – 1999. – № 3.
7. Crime: social and legal analysis: textbook / AI Martsev. – Omsk, 2012. – P. 22.
8. Sentence of the Bardymsky District Court No. 1-60/2019 dated June 27, 2019 in case No. 1-60/2019 // Sudact.ru. Judicial and normative acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/aOdE10J9jHw/ (date of access: 02.10.2021).
9. Sverchkov VV Crime and elements of crime. Features of criminal behavior and criminal prosecution. – M., 2019. – S. 18.
10. Chuprin D. A. Implementation of the principle of guilt in the modern criminal law of Russia // Manuscript. – 2017. – No. 11. – P. 196.
CRIMINAL LAW
ZAKHAROV Ivan Sergeevich
postgraduate student of Criminal law and criminology sub-faculty of the Chelyabinsk State University
SOME ISSUES OF QUALIFICATION OF CRIMES PROVIDED FOR IN ARTICLE 273 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses some problematic issues related to Article 273 of the Criminal Code of the Russian Federation. The author points out the complexity of the investigation of computer crimes. The article focuses on the availability of special skills and knowledge of investigators when solving computer crimes. Within the framework of the study, the positions of scientists regarding the definition of the subject of the crime provided for in Article 273 of the Criminal Code of the Russian Federation are analyzed. The article discusses various interpretations of the “malicious computer program”. Based on the results obtained, conclusions are drawn about the existing discussion points.
Keywords: computer crime, malware, computer information, object of crime, subject of crime.
Work bibliographic list
1. Gladkikh V. I., Mosechkin I. N. Problems of improving criminal law measures to counteract crimes in the field of computer information // All-Russian Journal of Criminology. –2021. – No. 2. – pp. 229-237.
2. Evdokimov K. N., Taskaev N. N. Problematic issues of qualifying crimes under article 273 of the Criminal Code of the Russian Federation at the stage of initiating a criminal case // All-Russian Journal of Criminology. – 2018. – No. 4. – pp. 590-600.
3. Stepanov-Egiyants VG On the subject of the crime under Art. 273 of the Criminal Code of the Russian Federation // Innovations and investments. – 2014. – No. 9. – pp. 199-202.
4. Criminal law. Special part: textbook / ed. A. V. Fedorova, S. L. Nikonovich, M. M. Daishutova. – M.: Unity-Dana, 2021. – 577 p.
5. Rarog A. I. Commentary on the Criminal Code of the Russian Federation. – M.: Prospekt, 2017. – 546 p.
6. Engelgardt A. A. Computer information as a subject of a crime under Article 273 of the Criminal Code of the Russian Federation // Law. Journal of the Higher School of Economics. – 2014. – No. 4. – pp. 136-145.
7. Criminal law. Special part: textbook / A. A. Aryamov, T. B. Basova, V. P. Bodaevsky [and others]; ed. V. P. Bodaevsky, V. M. Zimin, A. I. Chuchaev. – M.: Prospekt, 2019. – 384 p.
8. Evdokimov KN Creation, use and distribution of malicious computer programs: criminal law and criminological aspects: monograph. – Irkutsk: Irkutsk Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2013. – 267 p.
9. Geller A. V. Criminal-legal and criminological aspects of ensuring the protection of information and the Internet: dis. &helli; cand. legal Sciences. – M., 2006. – 219 p.
10. Dvoretsky M. Yu. Changes and additions to Chapter 28 of the Criminal Code of the Russian Federation, in the context of optimizing criminal liability and improving the efficiency of law enforcement practice // Crimes in the information sphere: problems of investigation, qualification, implementation of responsibility and prevention: materials of the International Scientific and Practical Conference. – Tambov, 2013. – pp. 59-65.
11. Galushin P. V., Lapina E. A. Other malicious computer information as a subject of a crime under article 273 of the Criminal Code of the Russian Federation // Actual problems of legal science. – 2020. – No. 1 (5). – pp. 61-67.
12. Shakhrai S.S. The system of crimes in the field of computer information: comparative legal, sociological-criminological and criminal-legal aspects: dis. cand. &helli; legal Sciences. – M., 2010. – 214 p.
13. Maslakova E. A. Illicit circulation of malicious computer programs: criminal law and criminological aspects: dis. &helli; cand. legal Sciences. – M., 2008. – 198 p.
14. Russkevich E. A. The concept of a malicious computer program // Actual problems of Russian law. – 2018. – No. 11 (96). – pp. 207-215.
15. Golub V. A., Ovchinnikova M. V. The problem of correct definition of the term “malicious program” // Bulletin of the Voronezh State University. – 2008. – No. 1. – pp. 138-141.
16. Krylov VV Information computer crimes. – M.: Infra-M-Norma, 1997. – 285 p.
17. Borodin S. V., Polubinskaya S. V. Crimes in the field of computer information / Ed. V. N. Kudryavtseva, A. V. Naumova. – M.: Lawyer, 1997. – 350 p.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINAL ANALYSIS OF FRAUD UNDER ARTICLE 640 OF THE ITALIAN PENAL CODE
Insufficient effectiveness in combating manifestations of cross-border crime at the national level of a given State, makes it necessary to take into account international experience of criminal law impact on the sphere of fraud, the article analyzes the features of the criminal legislation and the implementation of the criminal law policy of Italy in this area.
Keywords: fraud, criminal policy, foreign countries, confiscation, exemption from criminal liability, Italy.
Work bibliographic list
1. Criminal law of foreign countries: in 3 volumes. Volume 2. General part. France. Germany. Italy. Japan: textbook for universities / N. E. Krylova, V. N. Eremin, M. A. Ignatova, A. V. Serebrennikova; edited by N. E. Krylova. — 5th ed., revised. and additional — Moscow: Yurayt Publishing House, 2022. — 263 p. — (Higher education). — ISBN 978-5-534-02093-9. — Text: electronic // Educational platform Yurayt. [Electronic resource]. – Access mode: https://urait.ru/bcode/490953 (date of access: 06/08/2022).
2. Criminal law of foreign countries: in 3 volumes. Volume 3. Special part: a textbook for universities / N. E. Krylova [and others] executive editor N. E. Krylova. — 5th ed., revised. and additional — Moscow: Yurayt Publishing House, 2022. — 397 p. — (Higher education). — ISBN 978-5-534-01775-5. — Text: electronic // Educational platform Yurayt. [Electronic resource]. – Access mode: https://urait.ru/bcode/490317 (date of access: 06/08/2022).
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 N. G. 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 Vladimir Law Institute of the FPS of Russia, lieutenant colonel of the internal service
FEATURES OF JUDICIAL PENALIZATION OF CRIMES AGAINST FREEDOM, HONOR AND DIGNITY OF THE INDIVIDUAL
The article discusses the features of judicial activity for the period from 2017 to 2021. on the appointment of punishment for crimes, provided for by Ch. 17 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The article specifies which types of punishment are the most preferable in this area. A general assessment of the law enforcement approach regarding the punishability of these crimes at the present stage is given.
Keywords: freedom; honor; dignity of the individual; types of punishment; terms of punishment; deprivation of liberty; judicial penalty.
Work bibliographic list
1. Vardanyan A. A. Crimes related to human trafficking in the context of the globalization trend of illegal encroachments on freedom, honor and dignity of the individual // Philosophy of Law. – 2011. – No. 3 (46). – pp. 106-109.
2. Ivanov A. L., Ermolovich Ya. N. Controversial issues of qualification of kidnapping, illegal imprisonment and human trafficking // Investigation of crimes: problems and ways to solve them. – 2021. – No. 1 (31). – pp. 51-55.
3. Mikhailova I. A. Modern criminogenic situation associated with trafficking in minors // Problems of Law Enforcement. – 2019. – No. 3. – P. 19-23.
CRIMINAL LAW
PROZUMENTOV Andrey Aleksandrovich
postgraduate student of the A. G. and N. G. Stoletovs Vladimir State University, Deputy prosecutor of the Selivanovsky district of the Vladimir region
VARIETY OF SUBJECTS OF LAND CRIMES
The article provides a comprehensive theoretical and legal analysis of a wide range of subjects of crimes infringing on land relations, reflected in various articles of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). A generalizing conclusion is made about what constitutes the modern subject of crimes encroaching on land and land relations.
Keywords: earth; land crimes; subject of crimes encroaching on land relations.
Work bibliographic list
1. Bredikhin A. L. To the question of the concept of the object of crime // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 1 (9). – P. 40-45.
2. Kolosovsky VV Theoretical problems of qualification of criminal acts: monograph. – Moscow: Statute, 2011. – 398 p.
3. Korzhansky N. I. The object of encroachment and qualification of crimes: Proc. allowance. – Volgograd, 1976. – 120 p.
CRIMINAL PROCESS
BELYAEV Mikhail Alexandrovich
lawyer, Moscow Chamber of Advocates, the bar Association “Eksledzh” of the city of Moscow
PRE-TRIAL COOPERATION AGREEMENT: TRANSACTION WITHOUT GUARANTEES
Within the framework of the article, the author examines the legal nature and essence of the institution of a pre-trial cooperation agreement, identifies the subjects and main features of its implementation. The analysis of statistical data and empirical material was carried out, as a effect of which permitted contradictions that want to be determined in order to growth the helpfulness of the institution in question have been identified. The author suggests ways to improve the implementation of the institute of pre-trial agreement, including changes in legislation. Тhe institution of a pre-trial cooperation agreement, identifies the subjects and main features of its implementation.
Keywords: agreement, cooperation, investigation, subjects of pre-trial agreement, limits of criminal liability.
Work bibliographic list
1. Overview report of the Prosecutor’s Office of the Krasnodar Territory on the practice of concluding pre-trial cooperation agreements for 2016-2017. – Krasnodar, 2017.
2. Overview report of the Prosecutor’s Office of the Altai Territory on the practice of concluding pre-trial cooperation agreements for 2015-2016. – Barnaul, 2016.
3. Sakaeva E. Z. The concept of a pre-trial cooperation agreement // Interactive Science. – 2021. – No. 58. – pp. 88-90.
4. Summary statistical data on the activities of federal courts of general jurisdiction and justices of the peace: Statistical data of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79.
CRIMINAL PROCESS
KALAMOV Zhannur Sarsenuly
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Peoples` Friendship University of Russia
THE PROBLEM OF APPLICATION OF ELECTRONIC EVIDENCE IN THE CRIMINAL PROCEEDINGS OF THE RUSSIAN FEDERATION AND COUNTRIES WITH CONTINENTAL SYSTEM LAW
Proving is the most important institution of the criminal justice system and a key element of the criminal investigation process in criminal proceedings. The criminal procedure legislation includes mandatory rules that any guilt in committing a crime shall be proved by the person conducting the preliminary investigation, as well as by the court. Other circumstances are also subject to proving, in particular, the event of the crime, the identity of the accused, and the terms of commissioning the crime. In fact, the whole criminal prosecution process is aimed at proving the guilt or innocence of the person under prosecution.
The global PR informatization has also affected such an important state institution as criminal proceedings. Currently, the RF Criminal Procedure Code legally regulates digital media used as evidence and their enclosure to the criminal case, thus making it possible to talk about certain digitalization of criminal proceedings.
In the civil law countries, digital evidence is also an integral part of the law of evidence and proving in criminal proceedings. It becomes statutory in the relevant procedural codes and laws, which reflects a global trend of introducing digital technology in every significant area of public relations.
Meanwhile, an active development and introduction of digital technology in criminal proceedings has also generated new issues previously unknown both to domestic and foreign legislators. They include clarification of digital evidence status, its provenance and usage, digitalization prospects for criminal proceedings in Russia and abroad.
This article analyzes some modern possibilities of using digital evidence in criminal proceedings in the Russian Federation and civil law countries. In addition, the article highlights current challenges and suggests ways to solve them.
Keywords: criminal proceedings, law of evidence, digital evidence, digital media, information technology.
Work bibliographic list
1. Voronin M.I. Electronic evidence in the Code of Criminal Procedure: to be or not to be? // Lex russica. 2019. No. 7. P. 74-84.
2. Glushkov M.R. Fixing the course and results of an investigative action: the problem of new technologies // Actual problems of Russian law. 2016. No. 12. P. 159-163.
3. Golovnenkov P., Spica N. Code of Criminal Procedure of the Federal Republic of Germany – Strafprozessordnung (StPO): Scientific and practical commentary and translation of the text of the law. Potsdam, 2012.
4. Golubtsov V.G. Electronic evidence in the context of e-justice // Bulletin of the civil process. 2019. No. 1. P. 170-188.
5. Zarubina M.N., Pavlov A.A. On procedural realities and potential possibilities of using electronic evidence in the civil process // Bulletin of the civil process. 2019. No. 1. P. 205-222.
6. Zigura N.A., Kudryavtseva A.V. Computer information as a type of evidence in the criminal process of Russia: Monograph. M., 2011. 234 p.
7. Marfitsin P.G. Some approaches to the formulation of the concept of “electronic evidence” in criminal proceedings // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2017. No. 3 (39). pp. 107-111.
8. Okonenko R.I. “Electronic evidence” and problems of ensuring the rights of citizens to protect the secrets of personal life in criminal proceedings: a comparative analysis of the legislation of the United States of America and the Russian Federation: Abstract of the thesis. … cand. legal Sciences. M., 2016. 22 p.
9. Osipenko A.L. New operational-search activity “obtaining computer information”: content and basics of implementation // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2016. No. 3. P. 83-90.
10. Fundamentals of the theory of electronic evidence: Monograph / Ed. Dr. jurid. Sciences S.V. Zuev. M.: Yurlitinform, 2019. 383 p.
11. Pastukhov P.S. “Electronic evidence” in the normative system of criminal procedural evidence / Ed. O.A. Kuznetsova, V.G. Golubtsova, G.Ya. Borisevich, L.V. Borovykh, Yu.V. Vasilyeva, S.G. Mikhailova, S.B. Polyakova, A.S. Telegina, T.V. Hornet // Perm legal almanac. Annual scientific journal. 2019. No. 1. P. 695-699.
12. Sentence of the Leninsky District Court of Kirov No. 1-144/2017 dated August 11, 2017 – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
13. Sentence of the Minusinsk City Court (Krasnoyarsk Territory) No. 1-260/2019 dated May 30, 2019 – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
14. Sentence of the Oktyabrsky District Court of Novorossiysk No. 1-322/2017 dated November 9, 2017 – [Electronic resource]. – Access mode: http://sudact.ru.
15. Sentence of the Soviet District Court of Tomsk No. 1-254/2017 dated October 16, 2017 – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
16. Criminal Procedure Code of the Republic of Belarus dated July 16, 1999 No. 295-З. – [Electronic resource]. – Access Mode: http://continent-online.com/document/?doc_id=30414958.
CRIMINAL PROCESS
KAAZ Marina Еvaldovna
Ph.D. in Law, associate professor, associate professor of Criminal process sub-faculty of the Ufa law Institute of MIA of Russia
ISAEVA Regina Miniyarovna
Ph.D. in Law, associate professor, Head of the Research and Information Center of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
TO THE QUESTION OF THE CONCEPT AND ESSENCE OF THE INTERACTION OF INVESTIGATIVE BODIES WITH THE COURT AT THE STAGE OF INVESTIGATION
The article gives a brief description of certain aspects that reveal the essence and concept of the interaction of investigative bodies and the court during the criminal proceedings. The points of view available in the legal literature on the concept and forms of organization of interaction between the investigator and the court are analyzed, its main tasks are established. On the basis of the above, the relevant conclusions are drawn, the concept of interaction of the investigator with the judicial authorities is proposed, an opinion is expressed on the possible introduction of a special position of an “investigative judge” into the domestic criminal process, as well as possible changes in the current legislation in this regard.
Keywords: judicial control over the activities of the investigator, “investigative judge” in criminal proceedings, interaction of the investigator and the court in criminal proceedings.
Work bibliographic list
1. Vinokurov L. V. Mutual relations between the investigator, the prosecutor and the court in the investigation of crimes: a monograph. Moscow, 2020. P. 129.
2. Judicial statistics data of the Judicial Department at the Supreme Court of the Russian Federation for 2021. [Electronic resource]. Access mode: https://cdep.ru (date of access: 06/12/2022).
3. On the practice of application by courts of legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions: resolution of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41 // Bulletin of the Supreme Court of the Russian Federation. 2014. No. 2.
4. On the practice of consideration by the courts of petitions for the production of investigative actions related to the restriction of the constitutional rights of citizens (Article 165 of the Code of Criminal Procedure of the Russian Federation): Resolution of the Plenum of the Supreme Court of the Russian Federation of June 01, 2017 No. 19 // Bulletin of the Supreme Court of the Russian Federation. 2017. No. 7.
5. Rogava I. G., Mamedov N. A. Prospects for introduction Olimpiyev A. Yu., Gavryushkin Yu. B. Witness in the criminal process of the Russian Federation // Criminal proceedings: problems of theory and practice. 2019. No. 2. P. 43-45.
6. Frantsiforov Yu. V., Solovieva N. A., Shinkaruk V. V. Features of interaction between the prosecutor, the investigating authorities and the court in pre-trial proceedings in a criminal case // Legal paradigm. 2021. V. 20. No. 2. S. 49-56.
CRIMINAL PROCESS
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia
SOME FEATURES OF THE TACTICS OF THE INVESTIGATIVE EXPERIMENT INVOLVING THE MINORS
The article touches upon the issue of the legal status of the minor “statistician”, as well as the specifics of the tactics of an investigative experiment involving the minor. It is proposed to amend the Article 191 of the Criminal Procedure Code of the Russian Federation by supplementing it with such an investigative action as the investigative experiment. Conducting the investigative experiment with the participation of the minor involves thorough the psychological and organizational preparation for this investigative action.
Keywords: the investigative actions, the investigative experiment, statistician, witnesses, the minor.
Work bibliographic list
1. Khismatullin R.S. The Tactics of the Judicial Experiment in Juvenile Affairs // Legal State: Theory and Practice. – 2014. – No. 2 (36). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/taktika-sudebnogo-eksperimenta-po-delam-nesovershennoletnih (date of access: 04/27/2022).
2. Fedotov I.S. Features of conducting an investigative experiment with the participation of minors // Bulletin of the VI Ministry of Internal Affairs of Russia. – 2016. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-provedeniya-sledstvennogo-eksperimenta-s-uchastiem-nesovershennoletnih (date of access: 04/27/2022).
3. Sheifer S.A. Investigative actions. Grounds, procedural order and evidentiary value. – Samara: Samara University, 2004. – 183 p.
4. Fedotov I.S. Investigation of violent crimes committed against minors: legal, theoretical and organizational foundations: monograph. – M.: Yurlitinform, 2010. – 404 p.
5. Latypov V.S., Salakhova Zh.V. Statistician as another subject (participant) of criminal procedure activity // Historical, philosophical, political and legal sciences, cultural studies and art criticism. Questions of theory and practice. – 2013. – No. 6. – 240 p.
CRIMINAL PROCESS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor 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
ZHARKO Nataliya Viktorovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FEATURES OF THE PREPARATION AND CONDUCT OF AN INVESTIGATIVE EXPERIMENT DURING THE INVESTIGATION OF THE DISORGANIZATION OF THE ACTIVITIES OF INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
Тhis article discusses the features of the organization and conduct of an investigative experiment during the investigation of the disorganization of the activities of institutions of the penal system of Russia, providing isolation from society. The peculiarities of the preparation and conduct of this investigative action in the conditions of a penitentiary institution are indicated. Separate organizational and tactical recommendations for the preparation and conduct of an investigative experiment in a criminal case of this category are proposed.
Keywords: investigative experiment, tactical tasks, recommendations, experimental actions, disorganization of the institution’s activities.
Work 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
MURADOV Suleyman Gadzhimuradovich
assistant prosecutor of the Republic of Dagestan for supervision of the legality of the execution of criminal penalties
PROBLEMS OF JUDICIAL FINES IN CRIMINAL PROCEEDINGS
The article considers the possibility of applying a penalty in the form of a fine imposed by a court for releasing a person from criminal liability to a potential criminal. The author points out some conflicts in legal regulation, as well as the connection of this institution with other institutions of criminal and criminal procedure law, including those that regulate the reasons and procedure for exemption from criminal liability. This article discusses the issues of a criminal case initiated at the request of an investigator to terminate a criminal case or criminal prosecution in connection with the imposition of a preventive measure in the form of a fine.
Keywords: exemption from criminal liability, compensation for damage, victim, compensation for damage, judicial fine.
Work bibliographic list
1. Vdovtsev P.V., Charykov A.V. On exemption from criminal liability with the appointment of a criminal law measure in the form of a judicial fine in the absence of a victim in a criminal case // Russian investigator. – 2021. – No. 6. – pp. 26-30.
2. Judicial statistics data of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=5461.
3. Koryakin A.L. Theory and practice of terminating a criminal case in connection with the appointment of a criminal law measure in the form of a judicial fine // Vestn. Omsk jurid. acad. – 2017. – No. 1. – P. 67.
4. Makarov A. V., Vdovenko M. A. Smoothing out the harm caused in the absence of the victim in pursuance of the conditions for exemption from criminal liability in connection with the appointment of a judicial fine // Russian judge. – 2021. – No. 8. – pp. 31-36.
5. Reshetnyak V. I. Judicial fine in criminal proceedings // Judge. – 2017. – No. 4. – P. 7.
6. Skripchenko N. Yu. Judicial fine: problems of implementation of legislative novels // Zhurn. grew up rights. – 2017. – No. 7. – P. 102.
7. Filchenko A.P. Compensation for damage and making amends for harm as a condition for exemption from criminal liability with the appointment of a judicial fine // Advocate Practice. – 2019. – No. 4. – P. 24.
8. Yusupov M. Yu. Practice and problems of applying a judicial fine // Criminal process. – 2017. – No. 1. – S. 83.
CRIMINAL PROCESS
LEBEDEV Igor Vladimirovich
postgraduate student of N. V. Radutnaya Criminal process law sub-faculty of the Russian State University of Justice
NULLIFICATION OF THE CRIMINAL LAW AS A BASIS FOR REVISING THE VERDICT OF A JURY IN THE RUSSIAN FEDERATION
In this article, the author analyzes a rare legal phenomenon that arises during the consideration of a jury case, which is a special type of procedural decision, called the nullifying verdict. The author identifies the peculiarities of the implementation of this right in the criminal proceedings of the United States and the Russian Federation, and also considers the question of whether such a verdict is contradictory from the point of view of domestic criminal procedure legislation. Taking into account the opinions formed in foreign and domestic literature, the author forms his view on the implementation of this right by the jury.
Keywords: jury verdict, acquittal, jury nullification, law, review.
Work bibliographic list
1. Conrad, C. Jury Nullification: The Evolution of a Doctrine. Washington, D.C.: Cato Institute and Carolina Academic Press. – 2014. – P. 311.
2. Stern, S. Between Local Knowledge and National Politics: Debating Rationales for Jury Nullification After Bushell’s Case // Yale Law Journal. -2002. – Vol. 111. – P. 1815-1859.
3. Parmenter, A.J. Nullifying the Jury: “The Judicial Oligarchy” Declares War on Jury Nullification // Washburn Law Journal. – 2007. – Vol. 46. - P. 379-428.
4. Bobrischev-Pushkin A.M. Empirical laws of the activities of the Russian jury. With an atlas. – M.: Russian Thought, 1896. – 615 p.
5. Vedischev N.P. Statement of questions to be resolved by jurors (Article 338 of the Code of Criminal Procedure) // Lawyer. – 2011. – No. 10. – P. 20-40.
6. Esakov G.A. “Nullification” criminal law in court with the participation of jurors // Criminal law. – 2013. – No. 2. – P. 121-129.
7. Lodyzhenskaya I.I. Malysheva D.D. Contradictions in the verdict of the jurors as a basis for the annulment of the court verdict // Leningradsky juridical journal. – 2018. – No. 1 (51). – P. 153-164.
8. Markova T.Yu. Statement of questions to be resolved by jurors: author. dis. &helli; cand. legal Sciences. – M., 2007. – 33 p.
9. Ryabtseva E.V. Trial by jury in Russia: controversial issues // Russian justice. – 2008. – No. 1. – P.57-60.
10. Ryabtseva E.V. Changing the competence of jurors: is history repeating itself? // Russian justice. – 2009. – No. 6. – P. 52-54.
11. Strelkova Yu.V. Nullifying verdict of jurors as a kind of acquittal // Development of modern science: theoretical aspects. – 2016. – No. 4. – P. 74-76.
12. Chesnykh V.I. Jury trial in Russia as a complex legal institution: theory, history and modernity: author. dis. &helli; cand. legal Sciences. – M., 2003. – 24 p.
13. Shmelev A.N. “What are judges silent about?”, or “Nullificatio legis in justice administered by jury”; // World judge. – 2013. – № 6. – S. 29-32.
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
THE NATURE OF CRIMINALLY SIGNIFICANT INFORMATION
The analysis of the structurally complex composition of information is carried out taking into account the maximum level of its generalization as a category. The consolidation of knowledge about objects and phenomena of life is manifested in information as a model and includes the most essential features of specific types of information (images of the being around us). Based on this approach, the signs of criminalistically significant information are given, through clarifying the elements of information interaction of a person with the surrounding reality during the investigation of crimes, its concept is proposed. The conclusion is made about the concretization of the content of criminalistically significant information through the information environment inherent in criminal proceedings.
Keywords: human, surrounding reality, elements of information interaction, criminal proceedings, criminalistics.
Work bibliographic list
1. Abdullaev A. Sh., Novik I. B. Introduction to the information world. – M.: Nauka, 1991. – 228 p.
2. Agibalov V.Yu. Virtual traces in criminalistics and criminal procedure: author. dis. &helli; cand. legal Sciences. – Voronezh, 2010. – 24 p.
3. Bednyakov D. I. Non-procedural information and investigation of crimes. – M., 1991. – 208 p.
4. Belkin R. S. Forensic science: today’s problems. Topical issues of Russian criminalistics. – M.: Publishing house NORMA (Publishing group NORMA-INFRA-M), 2001. – 240 p.
5. Belkin R. S., Vinberg A. I. Forensic science and proof (methodological problems). – M.: Yurid. literature, 1969. – 216 p.
6. Wiener N. Cybernetics and society / Per. E. G. Panfilova. – M.: Foreign Literature, 1958. – 199 p.
7. Vasiliev A. M. Legal categories. Methodological aspects of development of the system of categories of the theory of law. – M., 1976. – 264 p.
8. Ivanov V. Yu. On the theoretical aspects of the use of the concept of electronic digital footprint in forensic science // Legal Studies. – 2020. – No. 7. – pp. 75-80.
9. Koldin V. Ya., Polevoy NS Information processes and structures in criminalistics. – M., 1985. – 134 p.
10. Kuznetsov P. U. Information bases of law. – Yekaterinburg: Publishing House “Ural State Law Academy”, 2005. – 204 p.
11. Pavlov I.P. Full. coll. op. T. 3, Book. 2. – M., 1951. – 439 p.
12. Petrov M. A., Raibekas A. Ya. Phenomenon of information and knowledge. – Krasnoyarsk, 2006. – 135 p.
13. Polyakov V. V., Shebalin A. V. On the use of the concepts of “virtual traces” and “electronic digital footprints” in criminalistics // Actual problems of combating crimes and other offenses: materials of the eleventh international scientific and practical conference. – 2013. – pp. 123-125.
14. Legal informatics and cybernetics: textbook / Ed. N. S. Polevoy. – M.: Yurid. lit., 1993. – 528 p.
15. Siforov VI Methodological issues of information science development. // Cybernetics and modern scientific knowledge. – M.: Nauka, 1976. – 428 p.
16. Streltsov A. A. Ensuring the information security of Russia. Theoretical and methodological foundations / Ed. V. A. Sadovnichy, V. P. Sherstyuk. – M.: MTsNMO, 2002. – 86 p.
17. Chubukova S. G., Elkin V. D. Fundamentals of legal informatics (legal and mathematical issues of informatics): textbook. allowance. – M.: Law Firm «KONTRAKT», 2007. – 287 p.
18. Churinov NM Philosophical Foundations of Informology. – Krasnoyarsk: Publishing House Krasnoyar. state un-ta, 1990. – 233 p.
CRIMINAL AND EXECUTIVE LAW
KASHIRGOV Astemir Khasanovich
lecturer of Organization of law enforcement sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
THE MAIN PROBLEMS OF ADMINISTRATIVE PROCEEDINGS ON ADMINISTRATIVE SUPERVISION OF PERSONS RELEASED FROM PLACES OF DEPRIVATION OF LIBERTY
Administrative supervision is a body of administrative jurisdiction, while external control bodies cannot have such powers. Ensuring compliance with norms, rules, legality in management, regulating the behavior of citizens, ensuring the order of traffic – all this is part of the tasks of administrative supervision. In the prevention of recidivism, an extremely important way is to implement the norms of administrative supervision. The effectiveness of the system of supervision of persons who have served time in places of deprivation of liberty is achieved by solving practical problems arising in the implementation of this institution.
Keywords: administrative supervision, recidivism, criminal identity, code of administrative procedure, rehabilitation, correctional institutions.
Work bibliographic list
1. Fomin P. P. Preventive value of administrative supervision of the police in the field of ensuring public order and public security // Bulletin of the Luhansk Academy of Internal Affairs named after E. A. Didorenko. – 2016. – No. 1 (1). – P. 143-152.
2. Pekhterev A.F. administrative punishment measures applied in the field of public order and public safety // Modern law. – 2004. – No. 2. – P. 25-29.
3. Karpenko T. A. Peculiarities of qualification of administrative offenses for violation of public order and public safety during mass events // Power and management in the East of Russia. – 2013. – No. 4 (65). – P. 187-192.
4. Shkil E. S. The role of the Department of Internal Affairs in identifying, preventing and suppressing administrative offenses that encroach on public order and public safety. Naukosphere. – 2020. – No. 10-2. – P. 105-109.
5. Berezin A. A. Measures of administrative prevention of violations of public order and public safety during public events // Leningrad Journal of Law. – 2014. – No. 3 (37). – S. 127-134.
CRIMINAL AND EXECUTIVE LAW
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of R&D in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
THE INFLUENCE OF THE ETHNICITY OF CONVICTS TO A CRIMINAL COMMUNITY AS A SOURCE OF EXTREMISM IN CORRECTIONAL FACILITIES
Today, crime in correctional facilities is a fairly serious problem. This fact explains the fact that recently the qualitative composition of convicts in places of deprivation of liberty is mostly made up of persons convicted of grave and especially grave crimes. In turn, the high public danger of penitentiary crimes is also explained by the degree of latency of committed criminal acts in the territory of places of detention. All this certainly affects the effectiveness of certain security measures, which are a means of correction and a way to achieve the main goal of the penitentiary policy as a whole. Noting the high social danger of penitentiary crime, special attention should be paid to its subjects. Thus, according to the author, the ethnicity of some convicts contributes to the spread of extremism in places of deprivation of liberty, which, in turn, can destabilize the activities of not only institutions of the penitentiary system, but in the whole world as a whole. The ethnic diversity of convicts in places of deprivation of liberty is due to the historical features of Russia. Today, convicts, being in places of deprivation of liberty, tend to unite in groups of the same ethnicity, realizing a criminal plan, attracting (recruiting) other convicts. Revealing the spread of the ideology of extremism in places of deprivation of liberty, as well as minimizing the dissemination of this information, is a rather laborious process, which, in turn, is of particular interest.
Keywords: penitentiary system, places of deprivation of liberty, penitentiary crime, correctional institutions.
Work bibliographic list
1. Laskova A.I. Some criminal and legal aspects of crimes against life and health committed in correctional institutions // Forensic and procedural support for the investigation of crimes in the penitentiary system: Proceedings of the interuniversity scientific and practical conference. – Vladimir, 2017. – pp. 91-94.
2. Ethnopsychological Dictionary / Ed. V. G. KRISKO. – M .: Moscow Psychological and Social Institute, 1999. – 518 c.
3. Bakulina L.V., Khalilov R.N., Mustafina A.R. Extremism in places of deprivation of liberty // Bulletin of Economics, Law and Sociology: Journal. Kazan: Infocenter Expert. – 2016. – No. 4. – pp. 144-149.
4. Shipilov S.N. On the issue of the spread of extremism in correctional institutions // Bulletin of the Institute: crime, punishment, correction. Vologda: Vologda Institute of Law and Economics 3 1 10 of the Federal Penitentiary Service. – 2018. – No. 2. – pp. 88-90.
5. Marchenko V.S. The use of methods of operational-search prevention among the leaders of the criminal environment in correctional institutions // Penitentiary system: pedagogy, psychology and law. Materials of the interregional scientific-practical conference. Under the general editorship of V.A. Utkin. – 2017. – pp. 139-140.
CRIMINAL AND EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor of Regime and security in the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
ISAEVA Mariya Alekseevna
cadet of the Samara Law Institute of the FPS of Russia
FEATURES OF THE RESPONSIBILITY OF CONVICTS DURING THE PERIOD OF SERVING A SENTENCE FOR CAUSING DAMAGE TO THE INSTITUTION
Compensation for property damage is one of the main institutions of civil law. Scientists pay special attention to this issue, since the property of an individual and a legal entity is a value, the encroachment on which is punished in accordance with the legislation. The procedure for compensation of property damage in institutions of the penal enforcement system is regulated not only by civil, but also by penal enforcement legislation and has a number of features. In addition, the infliction of property damage to the institution of the penal enforcement system affects the process of serving a sentence by convicted persons.
Keywords: convicted, property damage, material damage, material liability, civil liability.
Work bibliographic list
1. Kosarev K. V., Sinelnikova T. V. On the issue of civil liability of those sentenced to imprisonment // Bulletin of the Kuzbass Institute. – 2012. – No. 1. – P. 52-58.
2. Zhiltsova NL The procedure for compensation for property damage caused to institutions of the penitentiary system, as a result of illegal actions of persons contained in them // Bulletin of the penal system. – 2020. – № 4. – S. 18-24.
CRIMINAL AND EXECUTIVE LAWО
PROKHOROVA Mariya Vladimirovna
Ph.D. in Law, Head of Organization of the execution of punishments sub-faculty of the Tomsk Institute of Advanced Training of Employees of the FPS of Russia, lieutenant colonel of the internal service
CHARACTERISTICS OF CONVICTS SERVING SENTENCES IN EDUCATIONAL COLONIES (BASED ON THE RESULTS OF RESEARCH IN 2010-2022)
The article presents the results of scientific and practical studies of the criminological characteristics of 1600 convicts serving sentences of imprisonment in educational colonies in the period 2010-2022. Analyzed information about the characteristics of convicts, their behavior in a correctional facility. As a result of the research, a number of negative trends have been identified related to the deterioration of the socio-demographic characteristics of minors, the increased influence of the family and relatives of adolescents on their attitude to crimes committed and punishment, and the assessment of their stay in an educational colony in general. There is a significant reduction in the number of juvenile convicts, which results in an increase in negatively characterized adolescents held in educational colonies. This is also associated with the consequences of the ongoing judicial practice, when deprivation of liberty as a form of punishment is used in extreme cases. An average portrait of a teenager serving a sentence of imprisonment is given. One of the factors contributing to the commission of crimes by teenagers is the family and the immediate environment of minors. Based on the results of the study, it is concluded that it is necessary to develop new programs for the re-socialization of juvenile convicts released from places of deprivation of liberty that correspond to reality.
Keywords: deprivation of liberty; minors; teenagers; convicts; characteristic; educational colonies.
Work bibliographic list
1. Convicted and detained in Russia. Based on the materials of a special census of convicts and persons held in custody, November 12-18, 2009 / under general. ed. Honored Lawyer of the Russian Federation Yu.I. Kalinin; under scientific ed. Doctor of Law, Professor, Honored Scientist of the Russian Federation V.I. Seliverstov. – M.: Publishing House “Jurisprudence”, 2012. – 938 p.
2. Fetisov V.Z., Shamis A.V., Lastochkin V.A. Characteristics of convicts serving sentences in VTK. – M.: VNII MVD USSR, 1982. – 110 p.
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, аssociate 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 COMPETENCE OF THE PROSECUTOR TO ENSURE THE RULE OF LAW IN THE ACTIVITIES OF INSTITUTIONS AND BODIES OF THE CRIMINAL JUSTICE SYSTEM
The punishment in the form of deprivation of liberty is executed in the IU, which is a regime facility where access of unauthorized persons is restricted, which creates conditions for violation, restriction of the rights and interests of convicts. The analysis of the prosecutor’s check shows that the administration of the IU allows violations of the rights of convicts and takes measures to conceal them.
The publication of the departmental order “On the state of legality in the field of enforcement of legislation aimed at suppressing illegal methods of influence against convicted and detained persons” [1] testifies to the disadvantage in ensuring the rights and interests of suspects, accused, convicted persons held in the penal system, where it was recognized that the protection of the rights and freedoms of convicted persons needs in qualitative improvement.
Keywords: powers of the prosecutor, legality, suspect, accused, convicted, institutions and bodies of the criminal justice system.
Work bibliographic list
1. Collegium on the state of legality in the field of enforcement of legislation aimed at suppressing illegal methods of influence against convicted and detained persons. 04/23/2019. [Electronic resource]. – Access mode: https://genproc.gov.ru/smi/news/genproc/news-1599844/l
2. Federal Law “On the Prosecutor’s Office of the Russian Federation” dated 17.01.1992. No. 2202-1
3. Akhmerova V.R. The role of the prosecutor’s office in the implementation of supervision over the activities of the penitentiary system // Nauka. Society. State. 2019. No. 7. P. 51.
4. Tambovtsev A.I. Grounds, procedure and results of conducting operational-search measures as a subject of prosecutorial supervision // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2014. No. 3 (54). P. 36.
5. Galiev F.F. Presentation of the prosecutor as a form of response to violation of the law // State of Law: Theory and Practice. 2013. No. 1 (31). P.81.
6. Decree of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2011 No. 21 “On the practice of application by courts of legislation on the execution of sentences”.
7. Kuzmina D.N. Tasks of prosecutorial supervision over compliance with laws in correctional institutions // Actual problems of the humanities and natural sciences. 2015. No. 7-2. P. 22.
8. Ovodkova L.S. Procurator’s supervision as a means of ensuring the rights and legitimate interests of convicts // Bulletin of the penal system. 2017. No. 9. P. 23.
LEGAL PROCEEDINGS
ABBASOV Nail Ibad ogly
Ph.D. in Law, Head of the Department of Ballistic and traceological expertise of the Forensic Center of the Ministry of Justice of the Republic of Azerbaijan, Counselor of Justice
DIRECTIONS FOR IMPROVING THE EFFICIENCY OF EXPERT ACTIVITIES AND ITS IMPACT ON THE DEVELOP- MENT OF FORENSIC EXPERTISE
The article discusses current trends in improving the level of organization of expert activities. Forensic activity covers directly the activities of the expert institution and the expert himself. In the context of increasing competition, the question of the level of effectiveness of such activities seems to be relevant. Ensuring the effectiveness and influence of forensic activities is interdependent on a set of factors and elements. The identification of the optimal formula for such components seems to be very interesting in the international plane as well. According to the author, these aspects are closely related to the data of the results of the implementation of activities and the achievement of the goal is possible using modern management methods, the implementation of the management system in the activities of forensic examination
The author proposes to consider the possibility of converting statistical reports of expert activity data into a dynamic analysis format. From the point of view of the author, it is also important to form a unified expert practice in order to increase confidence in the activity and confidence in its results.
Keywords: efficiency, development of forensic expertise, management of forensic activities, data of expert activities, performance results, unified expert practice.
Work bibliographic list
1. Abbasov N.I. Perspective Directions for the Development of Forensic Expertise in the Conditions of Adversarial Criminal Proceedings // Law and State: Theory and Practice. – 2021. – No. 11 (203). – pp. 253-256. – DOI 10.47643/1815-1337_2021_11_253. – EDN CIVHQH.
2. Abbasov N.I. Actual problems of methodological support of forensic examination // Eurasian legal journal. – 2021. – No. 12 (163). – pp. 371-374. – DOI 10.46320/2073-4506-2021-12-163-371-374. – EDN SLGDII.
Explanatory dictionary of the Azerbaijani language. Baku, in 4 volumes. 1st volume, 2006, p.
3. Pleshakov S.M., Shnaider A.A. Issues of the effectiveness of forensic activities // Actual problems of improving criminal law, criminological and forensic measures to combat crime. Materials of scientific and practical. conf. – Saransk, 2006. – pp. 180-185.
4. Activity of forensic subdivisions of internal affairs bodies on the use of expert forensic methods and means in the detection and investigation of crimes / Ed. V.A. Snetkova: textbook. – M., 1996. – S. 5.
5. Sarteeva N.A. Efficiency of laws: statement of the problem // Universitetskie ucheniy zapiski. – 2007. – No. 2 (22). – S. 51.
6. Pleshakov S.M. Modern expert technologies in the activities of forensic institutions in Russia. Dis. &helli; Ph.D. – Nizhny Novgorod. – pp. 121-122, 124-128.
7. Rossinskaya E.R. Efficiency of forensic activity through the prism of forensic expertology // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – pp. 85-86.
8. Denizova T.V., Bushuev V.V. Efficiency of forensic activity: problems and solutions // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – pp. 43-44.
9. Pleshakov S.M. Problems of increasing the effectiveness of forensic activities // State and Law (Actual Problems of the Present). Math.interuniversity.scientific and practical. conf. – M., 2006. – pp. 227-230.
10. Nefedov S.N. Formation of a new paradigm of forensic science in the US and Europe. – pp. 297-298, 299-300
11. Kingsley A. Implementing Forensic Management in Large Scale Business Organizations // Global Journal of Management and Business Research: Administration and Management. Volume 18, Issue 6, Version 0. – 2018. – P. 21-26.
LEGAL PROCEEDINGS
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
HOLODNAYA Mariya Yakovlevna
student of the 4th course of the Crimean branch of the Russian State University of Justice
ORGANIZATIONAL AND ADMINISTRATIVE DOCUMENTS OF THE COURT: CONCEPT, PURPOSE, PROPOSALS FOR IMPROVING THE DESIGN
In this publication, the author analyzes the types, purpose, requirements for organizational and administrative documents of the court. Due to the fact that the current legislation does not disclose the concept of organizational and administrative documents of the court, the author, based on the characteristics characterizing these types of documents, formulated this definition in order to eliminate the gap in legal regulation. At the end of the study, measures aimed at improving the studied area are proposed.
Keywords: document management, office work, organizational and administrative documents, order, order, instruction, digitalization, electronic document management.
Work bibliographic list
1. Burdina E.V. Digitization of Judicial Activities: Directions, Forecasts and Risks // Court Administrator. 2020. No. 2. P. 10-15.
2. Zakirov R.F. Formation of office work at the present stage of the development of the judicial system of the Russian Federation // Scientific notes of the Kazan branch of the “Russian State University of Justice”. 2019. Volume 15. P. 174-177.
3. Latysheva N.A. Organization and control of record keeping in the courts of general jurisdiction of the Russian Federation: dis. &helli; PhD in Law, Specialist 12.00.11. M., 2016. 231 p.
4. Poselskaya I.B., Kiseleva N.V. The concept and types of judicial office work // Stolitsa nauki. 2020. No. 4 (21). pp. 271-275.
5. Electronic Justice: Monograph / E.V. Burdina [and others]; ed. E.V. Burdina, S.V. Zuev. M.: RGUP, 2021. 344 p.
CRIMINALISTICS
GUMENCHUK Oksana Olegovna
lecturer of Criminal process and forensic science sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KASYANOVA Alisa Olegovna
listener of the 5th course of the Crimean branch of the Krasnodar University of the MIA of Russia
ANALYSIS OF MODERN EXPERT RESEARCH AND THE POSSIBILITY OF USING NON-TRADITIONAL METHODS OF COLLECTING INFORMATION IN THE PROCESS OF INVESTIGATING CRIMES
The article deals with the current state of expert research and the possibilities of their application. The roles of a specialist and an expert in evidence in criminal cases are considered. It is concluded that it is necessary to recognize as admissible certain types of non-traditional ways of obtaining evidentiary information.
Keywords: special knowledge, expert, specialist, forensic examination, non-traditional research methods, hypnosis, polygraph.
Work bibliographic list
1. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on June 28, 2022). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
2. Khrustalev VN Theory of forensic examination: a tutorial. – Moscow: KNORUS, 2020. – 242 p.
3. Gumenchuk O. O. The practice of using special knowledge in the form of the appointment of a forensic examination before initiating a criminal case: discussions, problems and ways to solve them // Law and Education. – 2017. – No. 6. – pp. 144-153.
4. Bakuradze N.S. To the question of the application of special knowledge in criminal proceedings // Young scientist. – 2020. – No. 44 (334). – pp. 170-173. – [Electronic resource]. – Access mode: https://moluch.ru/archive/334/74684/ (date of access: 06/30/2022).
5. Federal Law “On State Forensic Activities in the Russian Federation” dated May 31, 2001 No. 73-FZ (as amended on July 1, 2021). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
6. Sorokotyagin I. N., Sorokotyagina D. A. Judicial examination: textbook and workshop for universities. – Moscow: Yurayt Publishing House, 2022. – 288 p. – [Electronic resource]. – Access mode: https://urait.ru/bcode/489334 (date of access: 06/30/2022).
7. Order of the Ministry of Internal Affairs of Russia dated June 29, 2005 No. 511 (as amended on June 27, 2019). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
8. Decree of the Plenum of the Supreme Court of the Russian Federation of December 21, 2010 No. 28 “On Forensic Expertise in Criminal Cases” (rev. 29.06.2021). – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
9. Neretina N. S. The emergence of new genera and types of forensic examinations at the turn of the century // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 6. June. – pp. 72-78. – [Electronic resource]. – Access mode: Access from the GARANT system (date of access: 06/30/2022).
10. Interview of Mikhail Ignashkin, Acting Director of the SEC of the Investigative Committee of Russia, to the RIA Novosti news agency. – [Electronic resource]. – Access mode: https://sledcom.ru/press/interview/item/1532317/?print=1 (accessed 30.06.2022).
11. Sysenko A. R. Participation of a specialist in interrogations and searches conducted during the investigation of crimes in hot pursuit // Forensic expert. – 2010. – No. 3. – pp. 30-33.
12. Smolkova I. V. Non-traditional methods of crime investigation and proof // Laws of Russia: experience, analysis, practice. – 2017. – No. 5. – pp. 30-34. – [Electronic resource]. – Access from the GARANT system (date of access: 06/30/2022).
13. Sterkhov P. A. To the question of the expediency of legislative regulation of the grounds for the use of hypnosis in order to improve the efficiency of police law enforcement // Bulletin of the Russian University of Cooperation. – 2016. – No. 3 (25). – pp. 133-137.
CRIMINALISTICS
DUDIN Nikita Sergeevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE MECHANISM OF COMMITTING CATTLE THEFTS COMMITTED BY ORGANIZED GROUPS
The article discusses the theoretical and practical aspects of the criminalistic understanding of the mechanism of crime. Its role and place in the structure of forensic characteristics are indicated. The importance of understanding the mechanism of crime in the disclosure and investigation of cases related to the theft of livestock committed by organized groups is determined. In addition, the step-by-step process of preparation, commission and concealment of traces in cases of cattle theft, as well as possible ways of finding traces that could contribute to the disclosure of the crime, is considered in detail.
Keywords: criminalistics, preliminary investigation, cattle theft, crime mechanism, organized groups.
Work bibliographic list
1. Kustov A.M. Forensic concept of the mechanism of crime // Bulletin of the MFYuA. – 2016. – № 2.
2. Nugaeva E.D. Features of the investigation of fraud in the provision of occult services: dis. … cand. legal Sciences. – Ufa, 2018.
3. Ishchenko E.P. Criminalistics: a textbook for bachelors. – M.: Prospekt, 2017.
CRIMINALISTICS
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
BERDNIKOV Grigoriy Aleksandrovich
student of the Ural Law Institute of the MIA of Russia
ZABOLOTNYKH Aleksandr Aleksandrovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOME ISSUES OF INVESTIGATIVE ACTIONS AND GENERAL RULES OF THEIR PROCEEDING
The article discusses the theoretical aspects of investigative actions and the general rules for their proceeding. The problem of the lack of normative consolidation of the definition to the concept of «investigative actions» is analysed. A prospectively legal definition is proposed for the concept of «investigative actions». Significant features of the general rules for the conduct of investigative actions are formulated, on the basis of which the definition is developed for this concept.
Keywords: investigative actions, general rules of investigative actions, regulation, criminal proceedings, proof.
Work bibliographic list
1. Khalili U.D. The concept of investigative actions and their place in the system of procedural actions // Pravovestnik. – 2018. – No. 6 (8).
2. Stelmakh V. Yu. The concept and distinctive features of investigative actions // Russian Journal of Law. – 2014. – No. 2 (95). – P. 96.
3. Maslov A. V., Tonkikh D. A. Investigative actions as a way to form evidence // International Bulletin of Medicine and Law. – 2018. – No. 1. – P. 33.
4. Bykov V. M. Legal grounds for the production of investigative actions under the Code of Criminal Procedure of the Russian Federation // Criminal Law. – 2007. – № 1.
5. Radchenko V. I. Criminal process: textbook. for universities / Under the general. ed. V. I. Radchenko. 2nd ed., revised. and additional – M.: Yustitsinform, 2006.
6. Tsoi B. A., Bondarenko E. V. The concept of investigative actions and their procedural significance // Science and education: economy and economy; entrepreneurship; law and management. – 2020. – No. 3 (118).
7. Bykov V. M., Zhmurova E. S. Investigative actions under the Code of Criminal Procedure of the Russian Federation // Jurisprudence. – 2003. – № 2.
8. Kruglikov A.P. Urgent investigative actions // Criminal law. – 2004. – № 3.
9. Sheifer S. A. Investigative actions. Grounds, procedural order and evidentiary value. – M.: Yurlitinform, 2004.
10. Akhmetshin R.E. Theory and practice of criminal procedure law: a tutorial. – 2nd ed., revised. – Khabarovsk: Togu Publishing House, 2019.
11. Pletnikova M.S., Barabash A.S., Fedorova I.A. Criminal procedural activity: textbook. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2019.
12. Titov P.S. The concept of investigative action and its signs // Russian investigator. – 2013. – № 14.
CRIMINALISTICS
SAFONOV Denis Andreevich
Ph.D. in Law, Deputy Head of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE MAIN PROBLEMATIC ISSUES OF THE INVESTIGATION OF CRIMES RELATED TO THE REPEATED VIOLATION OF THE ESTABLISHED PROCEDURE FOR ORGANIZING OR HOLDING A MEETING, RALLY, DEMONSTRATION, PROCESSION OR PICKETING
The article deals with certain problematic issues of the investigation of crimes related to repeated violations of the established procedure of organizing or holding a meeting, demonstration, march or picketing in terms of identifying, recording and evaluating evidentiary information, as well as determining the tactical and psychological features of investigative actions at the pre-trial stage.
Keywords: methodology of crime investigation, disorderly conduct, unauthorized rally, insubordination to police officers, forensic tactics, technical and forensic tools
Work bibliographic list
1. Khmeleva A. V. Causes of mass riots in the modern period and features of their investigation (on the basis of a generalization of investigative practice) // Investigation of crimes: problems and ways to solve them. – 2021. – No. 3 (33). – P. 112.
2. Butkevich S. A. Fake news and media: problems of differentiation and penalization // Yurist-Pravoved. – 2021. – No. 2 (97). – P. 75. – EDN DPNQKL.
3. From bloggers to influencers: the struggle for attention and influence on the audience. New trends. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reports/analiticheskii-doklad/ot-blogerov-k-inflyuenseram-borba-za-vnimanie-i-vliyanie-na-auditoriyu-novye-trendy.
4 . Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P “On the case of checking the constitutionality of the provisions of Article 212.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen I. I. Dadin”. [Electronic resource]. – Access mode: https://legalacts.ru/sud/postanovlenie-konstitutsionnogo-suda-rf-ot-10022017-n-2-p/
5. Determination of the Constitutional Court of the Russian Federation of January 27, 2020 No. 7-O “According to the complaint of citizen Kotov Konstantin Aleksandrovich about the violation of his constitutional rights by Article 212.1 of the Criminal Code of the Russian Federation”. [Electronic resource]. – Access mode: https://publication.pravo.gov.ru/Document/View/0001202001280002.
CRIMINALISTICS
SAFONOV Andrey Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic support for expert research sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ZAVYALOVA Anna Aleksandrovna
Ph.D. in chemical sciences, associate professor, associate professor of Technical and forensic support for expert research sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
PSYCHOLOGICAL PECULIARITIES OF THE INTERROGATION OF THE VICTIM AND WITNESS
Тhe article is devoted to the issues of organizational and tactical support for the interrogation of victims and witnesses, in particular its psychological component, which causes many difficulties in practice. The objective and subjective factors of the psychological characteristics of the interrogation of the victim and witnesses are analyzed. The classification of the interrogated is given depending on the need to use tactical methods of establishing psychological contact.
Keywords: interrogation, investigative action, code of criminal procedure, types of interrogation, victim, witness, tactics.
Work bibliographic list
1. Shumilin S.F., Zavidov B.D. Methodological, tactical and legal problems of interrogation: the article was prepared for the ConsultantPlus system, 2003. The material was prepared using legal acts as of 01.11.2003 // Reference and legal system “ConsultantPlus” ;.
2. Ishchenko E. P., Toporkov A. A. Criminalistics: textbook / ed. E. P. Ishchenko. 2nd ed., corrected, supplemented. and reworked. – M.: CONTRACT, INFRA-M, 2010. – 784 p.
CRIMINOLOGY
ABDULMUSLIMOVA Leyla Huseynovna
Ph.D. in Law, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
LATENCY OF CRIME AND VICTIMIZATION
This article discusses the influence of latency on the victimization process at any level, especially at the individual level. Impunity of a crime, including due to latency, is the most fraught, because impunity is one of the corrupting factors of persons with a criminal bias, serves as an example for further behavior. In the study of latency, it turns out that it is impossible to establish a real picture of the state of crime. One of the reasons is the methods, methods of detection and registration of crimes that require improvement.
Therefore, it is necessary to strengthen measures of victimological protection and victimological prevention in all directions to reduce the victimization of the population with the involvement of the widest segments of the public, civil society institutions and the state itself.
Keywords: state of crime, latency, victimization, mass, group, individual, registration, victimological prevention, protection.
Work bibliographic list
1. Vishnevetsky K. V. Criminogenic victimization of social groups in modern society: dis. &helli; doc. legal Sciences. – M.E: MU MVD. – S. 106.
2. Getmanenko A. V. Possible means of dealing with the problem of growing latency in the criminal process. — Text: direct // Young scientist. – 2017. – No. 21 (155). – S. 294-298. [Electronic resource]. – Access mode: https://moluch.ru/archive/155/43732/ (date of access: 06/03/2022).
3.Criminal statistics: mechanisms of formation, causes of distortion, ways of reforming: a research report. – St. Petersburg; M., 2015. – S. 49-52.
4. Timergaliev I. Oversight of the search for the missing // «Legality». – 2007. – № 6.
CRIMINOLOGY
ARTEMJEVA Ekaterina Vadimovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF THE INTERNATIONAL SEARCH FOR PERSONS WHO HAVE COMMITTED CRIMES
The article deals with the problems of the international search for persons who have committed a crime. Improving international cooperation in the field of combating crime is one of the urgent problems in modern interstate relations. In the 19th-20th centuries, there is a need for interaction between countries to effectively combat crime. The factors causing the current situation can be called: progress in the field of communication technologies among various countries, the widespread popularity of tourism, the relaxation of customs procedures, professional and organized international crime is becoming widespread. At the same time, there is a unification of the efforts of states in the field of combating crime. One of the most effective measures taken to achieve these goals was the creation of international law enforcement organizations. For example, the International Criminal Police Organization – Interpol. This article analyzes the problems of the international search for persons who have committed crimes.
Keywords: crime, international search, Interpol, international organization, international cooperation.
Work bibliographic list
1. European Convention on Extradition (signed in Paris on December 13, 1957) (as amended on September 20, 2012) // Collected Legislation of the Russian Federation. – 06/05/2000. – No. 23. – Art. 2348.
2. Samarin V. I. Interpol – an organization and its regulations in the light of the trend of tightening accountability in international law // International public and private law. – 2021. – No. 5. – P. 25-28.
3. Tarasov M. Yu. Actions of foreign bodies of justice and law enforcement agencies in connection with the announcement in the Russian Federation of a person on the international wanted list // International criminal law and international justice. – 2021. – No. 3. – P. 10-14.
4. Tarasov M.Yu. On the rules for publishing international wanted notices on the public part of the website of the Interpol General Secretariat // International criminal law and international justice. – 2020. – № 4. – P. 15-18.
CRIMINOLOGY
ISHCHENKO Evgeniy Petrovich
Ph.D. in Law, professor, Head of Forensics sub-faculty of the O. E. Kutafin Moscow State Law University, Honored Scientist of the Russian Federation, Honored Lawyer of Russia
SOCHIVKO Olga Ivanovna
Ph.D. in psychological sciences, lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia in Novokuznetsk, major of internal service
PLOTKIN Dmitriy 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
ON COUNTERACTING CRIMES OF EXTREMIST ORIENTATION IN RUSSIA
The authors consider the issue of nationalist manifestations among young people. Examples of some crimes committed in the city of Ryazan are given. It is indicated that many persons from criminal groups sought to transform into a community with a complex structure. The action plan of extremists was quite simple and was reduced to several ostentatious events. The authors emphasize that in most cases, parents and the teaching staff of educational organizations did not show concern when two “eights” suddenly appeared on the surface of teencies and tigers on the surface of jackets of adolescents – numbers symbolizing the greeting “Heil, Hitler!” All established facts of crimes were investigated and transferred to court. These crimes belonged to the category of grave and committed by adolescents aged 13 to 18 years using piercing-cutting objects. It was noted that females were also active in them, the uniform of which, unlike men’s, was less frank, but, for example, gold earrings in the form of Nazi swastika were present. Along with this, in contrast to nationalist ideas, anti-fascist organizations and movements appeared in the youth environment. As a result, conflicts and group fights began to flash. Summing up, the authors noted that in order to prevent extremist crimes among young people, it is necessary to strengthen military-patriotic education in a secondary educational school and improve youth leisures: to conduct free hobby classes, involve to sports sections.
Keywords: nationalist manifestations, extremism, youth environment, crime, opposition.
Work bibliographic list
1. Sochivko D. V., Polyanin N. A. Youth of Russia: educational systems, subcultures, correctional institutions: study method. allowance. – M.: MPSI, 2009. – 264 p.
CRIMINOLOGY
FALKINA Tatyana Yurjevna
Ph.D. in Law, associate professor of the Ural State University of Economics
ALIMPIEV Sergey Aleksandrovich
Ph.D. in Law, associate professor of the Ural State University of Economics
THE FIGHT AGAINST UNEMPLOYMENT AS A FACTOR IN PREVENTING THE INVOLVEMENT OF MINORS IN ANTI-SOCIAL ACTIONS
The involvement of minors in the commission of antisocial actions, of course, generates the elimination of positive values and criminalization of them in the future. Preventive measures are designed to help eliminate the causes and conditions associated with the commission of offenses and crimes. The article discusses the features of the fight against unemployment as a factor in preventing the involvement of minors in anti-social actions. The publication analyzes the preventive measures that can be applied to minors to prevent their involvement in the commission of antisocial actions.
Keywords: unemployment, prevention, delinquency, labor, upbringing, education, security, involvement, minor, victimization, behavior, measures, prevention.
Work bibliographic list
1. Dashkov G. V., Koroleva M. V., Matskevich I. M. et al. Criminology: textbook / Ed. ed. V. E. Eminov. – Moscow: Prospect, 2019. – 368 p. – ISBN 978-5-392-29570-8. [Electronic resource]. – Access mode: http://ebs.prospekt.org/book/27620 (accessed 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. – ISBN 978-5-91768-394-2. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1052213 (date of access: 05/01/2022).
3. Criminology: textbook / Ed. ed. A. I. Dolgova. — 4th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 1008 p. – ISBN 978-5-91768-038-5. – Text: electronic. [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. – ISBN 978-5-238-02908-5. [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. – S. 77-80.
6. Rasulova Z. O. Actual problems of preventing the involvement of minors in the commission of antisocial actions // Society: politics, economics, law. – 2019.
7. Polshnikov A. V., Budanova E. A. Problems of prevention of crimes related to the involvement of minors in the commission of 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 offenders: textbook. – 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. &helli; cand. legal Sciences. – M., 2004.
10. Gereikhanova A. Respond to a request // Rossiyskaya Gazeta. – 2021. – August 16.
11. Staursky E. S., Staursky S. S. Features of structural unemployment in modern Russia // Bulletin of the University “Cluster”. – 2022. – P. 61. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-strukturnoy-bezrabotitsy-v-sovremennoy-rossii.
CRIMINOLOGY
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia
DMITRYACHKOVA Anna Andreevna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia
CRIMINOLOGICAL ASPECTS OF THE INVOLVEMENT OF MINORS IN THE COMMISSION OF TERRORIST CRIMES
In the article, the authors draw attention to the circumstances that contribute to the involvement of minors in the commission of terrorist crimes. The reasons for the successful impact on minors are also indicated. The authors give examples of measures to counteract the commission of terrorist crimes by minors, to the formation of a negative attitude among minors towards crimes in general, and in particular to crimes of a terrorist nature.
Keywords: terrorism, minors, recruitment, extremism.
Work bibliographic list
1. Federal Law “On Combating Terrorism” dated March 6, 2006 No. 35-FZ (as amended on December 31, 2014). Access from reference – legal system “ConsultantPlus”.
2. Spitsina A. Yu. Categories of the population affected by the ideology of terrorism, forms and methods of influencing them during preventive measures // Bulletin of the National Anti-Terrorist Committee. – 2012. – No. 2 (7). – 111 p.
3. Lopatina T. M. New types of modern terrorist activities // Modern law. – 2012. – № 4. – P. 123.
CRIMINOLOGY
NECHEVIN Ivan Dmitrievich
postgraduate student of Criminology sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
REASONS AND CONDITIONS FOR THE PREVENTION OF JUVENILE DRUG CRIME: THEORETICAL SOCIAL PROBLEMS
The article discusses the causes and conditions for the prevention of teenage drug crime, their social problems.
Keywords: prevention, juvenile drug crime, causes, family, school, mass media, general social measures, teenagers.
Work bibliographic list
1. The Constitution of the Russian Federation of December 12, 1993 (as amended during the all-Russian vote on July 1, 2020, taking into account the amendments made by the law of the Russian Federation on amendments to the Constitution of the Russian Federation of July 27, 2006 No. 149-FZ).
2. Zvirbul V.K., Kuznetsova N.F., Minkovsky G.M. Criminology: Textbook. – M., 2009.
3. Federal State Statistics Service.
4. Chinkov V.R., Piskunov M.S. Problems and prospects for the development of educational systems in European countries // Standards and monitoring in education. – 2009. – № 3.
5. Dolgova A.I. Criminology: Textbook for universities. – 3rd ed., revised. and additional – M., 2008.
6. Krutetsky V.A., Lukin N.S. Psychology of a teenager: Textbook. – M., 2008.
7. Luneev V.V. Criminological, victimological and penitentiary problems of minors. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminologicheskie-viktimologicheskie-i-penitentsiarnye-problemy-nesovershennoletnih/viewer (date of access: 06/17/2022).
LAW ENFORCEMENT AUTHORITIES
BOGDANOV Aleksey Viktorovich
Ph.D. in Law, associate professor of Organization of the activities of the internal affairs bodies sub-faculty of the Center for Command Staff Trainings of the Academy of Management of the MIA of Russia
TSEPELEV Aleksey Nikolaevich
student of the 2nd Faculty of the Academy of Management of the MIA of Russia
THE CONCEPT, SHAPES AND ROLE OF DELEGATION OF AUTHORITY OF THE HEAD OF THE INTERNAL AFFAIRS BODY IN THE ORGANIZATION OF MANAGEMENT ACTIVITIES
One of the effective tools for organizing management activities in the system of the Ministry of Internal Affairs of Russia is the delegation of certain powers of the head of the internal affairs body to officials subordinate to him. We believe that the potential of this tool of departmental management is currently not fully disclosed, which is due to a number of problematic issues, the main of which are determining the content of delegated powers, clarifying the boundaries of responsibility of officials when delegating to them the powers of a superior manager, as well as compliance of the delegation mechanism with the basic principles of organizing activities in the system of the Ministry of Internal Affairs of Russia. It is proposed to clarify the concept of delegating the powers of the head of the internal affairs body, to disclose the requirements for the content of delegated powers, to identify the forms of delegation, to determine the criteria for delineating the responsibility of officials when delegating powers to them, and also to assess the competence of the implementers he mechanism of delegation from the position of compliance with the principle of service in the internal affairs bodies of the Russian Federation – unity of command and subordination.
Keywords: internal affairs bodies, managerial activity, head, delegation of authority, management mechanism, transfer of authority, management apparatus, principles of service in internal affairs bodies, subordination, unity of command.
Work bibliographic list
1. Anisimov A. P., Parshakov S. V. Some issues of delegation of authority by managers (chiefs) of their subordinates in the internal affairs bodies // Law and Law. – 2019. – No. 11. – pp. 139-143.
2. Baldanov E. B. Delegation of official powers in the internal affairs bodies: author. dis. &helli; cand. legal Sciences: 12.00.11. – M., 2008. – 22 p.
3. Bogdanov A. V., Pushkov M. A. On the issue of improving the theoretical foundations of managerial activity in the internal affairs bodies of the Russian Federation // Journal of Criminology. – 2021. – No. 2. – pp. 119-122.
4. Egorova T. V. Dictionary of foreign words of the modern Russian language. – M .: Publishing house «Adelant», 2014. – 801 p.
5. Igolkina IN How to learn to delegate // Personnel service and personnel management of the enterprise. – 2019. – No. 2. – pp. 75-83.
6. Korolev A. Yu. Delegation of powers to competent employees as one of the principles of effective work of the organization // Kazanskaya Nauka. – 2011. – No. 9. – pp. 69-71.
7. Ozhegov S. I. Explanatory dictionary of the Russian language / ed. L. I. Skvortsova. 28th ed., revised. – M.: Publishing house “Mir and Education”, 2015. – 1375 p.
8. Porshnev A. G. Management of the organization. Encyclopedic Dictionary. – M .: Publishing house «INFRA-M», 2001. – 822 p.
9. Sokolov E. V., Musaev M. M. On the delegation of powers in the internal affairs bodies // Law and Law. – 2020. – No. 11. – pp. 163-166.
10. Yaskov E. F. Theory and practice of social management: a dictionary-reference book. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 1997. – 268 p.
LAW ENFORCEMENT AUTHORITIES
GABDULLIN Timur Rinatovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PESTOV Roman Arkadjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
KUZNETSOVA Kristina Aleksandrovna
lecturer of Administrative law and administrative and service activities of the department of internal affairs sub-faculty of the Far-Eastern Law Institute of the MIA of Russia
ANALYSIS OF SOCIAL GUARANTEES OF EMPLOYEES OF INTERNAL AFFAIRS BODIES IN THE CONTEXT OF PRESERVING THE PERSONNEL CORE OF THE SERVICE OF DISTRICT POLICE COMMISSIONERS
The article analyzes the social guarantees of employees of internal affairs bodies, using the example of law enforcement practice on the implementation of one of the social guarantees – a one-time social payment for the purchase or construction of housing, conclusions are drawn about the need for a new approach to the mechanism of housing for employees of internal affairs bodies in the context of preserving the personnel core of the service of district police commissioners.
Keywords: police, internal affairs bodies, district police commissioners, social functions of the state, social guarantees, housing, unified social payment
Work bibliographic list
1. Speech by the Minister of Internal Affairs of the Russian Federation, Police General of the Russian Federation Vladimir Kolokoltsev at an expanded meeting of the collegium of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/news/item/28589724/
2. Federal Law No. 247-FZ of July 19, 2011 (as amended on December 30, 2021) “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” // Collection of Legislation of the Russian Federation, 25.07.2011, No. 30 (part 1), art. 4595.
3. Federal Law No. 342-FZ of November 30, 2011 (as amended on April 30, 2021) “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” // Collection of Legislation of the Russian Federation, 05.12.2011, No. 49 (part 1), art. 7020.
4. Decree of the Government of the Russian Federation of December 30, 2011 No. 1223 (as amended on June 21, 2021) “On the provision of a one-time social payment for the acquisition or construction of residential premises to employees of the internal affairs bodies of the Russian Federation, persons serving in the troops of the National Guard of the Russian Federation and having special police rank, as well as other persons entitled to receive such payment. (together with the “Rules for the provision of a one-time social payment for the acquisition or construction of residential premises to employees of the internal affairs bodies of the Russian Federation, persons serving in the troops of the National Guard of the Russian Federation and having special police ranks, as well as other persons entitled to receive such payment” 😉 // Collection of Legislation of the Russian Federation, 01/16/2012, No. 3, art. 430.
5. Information on the provision of a one-time social payment for the purchase or construction of a residential building based on the results of work for 2021. [Electronic resource]. – Access mode: https://mvd.rf/eu.
6. Review of the results of monitoring indicators for achieving the goal of the Concept for the Development of the Service of Precinct Authorized Police of the Territorial Bodies of the Ministry of Internal Affairs of Russia for 2020-2023 // SPS STRAS «Yurist».
7. Order of the Ministry of Internal Affairs of Russia dated March 30, 2020 No. 191 “On approval of the Concept for the development of the service of district police officers of the territorial bodies of the Ministry of Internal Affairs of Russia for 2020-2023” // SPS STRAS «Lawyer».
8. Federal Law No. 117-FZ of August 20, 2004 (as amended on July 2, 2021) “On the accumulative mortgage system for housing provision for military personnel” // Collection of Legislation of the Russian Federation, 23.08.2004, No. 34, art. 3532.
9. The main indicators of mortgage lending to participants in the accumulative mortgage system of housing for military personnel. [Electronic resource]. – Access mode: https://www.rosvoenipoteka.ru/rp/lichnaya_informaciya/infografika
10. Decree of the Government of the Russian Federation of December 26, 2017 No. 1640 (as amended on July 24, 2021) “On Approval of the State Program of the Russian Federation “Health Development” // Collection of Legislation of the Russian Federation, 01.01.2018, No. 1 (Part II), art. 373.
11. Federal Law No. 3-FZ of February 7, 2011 (as amended on December 21, 2021) “On the Police” // Collection of Legislation of the Russian Federation, February 14, 2011, No. 7, art. 900.
12. In several villages of Kazan, housing complexes for district police officers were opened. [Electronic resource]. – Access mode: https://16.mvd.rf/news/item/9068244
LAW ENFORCEMENT AUTHORITIES
ZHAMBOROV Anzor Anatoljevich
Ph.D. in Law, associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
THE ROLE OF SHOOTING EXERCISES WITH PHYSICAL AND PSYCHOLOGICAL STRESS IN MODERN FIRE TRAINING OF AN IAB OFFICER
This article examines some features of the formation of psychological stability and physical readiness of police officers for the lawful use of firearms in non-standard situations of official activity. In addition, the author suggests some methods for practicing special shooting exercises in complicated conditions using psychological and physical exertion to consolidate the necessary professional skills for consideration and implementation in the process of fire training of police officers.
Keywords: educational and training exercises, psychological load, physical readiness, integrated approach, training process, modeling, psychological impact, extreme situation.
Work bibliographic list
1. Kryzhanovsky Yu. S. Organization of fire training classes with employees of internal affairs bodies using elements of physical and psychological stress [Text]: teaching aid. – Domodedovo: VIPK MIA of Russia, 2014. – 60 p.
2. Timoshenko L. I., Kudryavtsev R. A. Teaching shooters of psychological readiness for firing a shot // Modern high technologies. – 2015. – No. 12-2. – P. 375-378.
3. Voiloshnikov O. D. Practicum on tactical-special, fire and physical training for students enrolled in a vocational training program: prospects for improving the methodology for conducting complex classes // Scientific and methodological electronic journal «Concept». – 2016. – T. 15. – S. 1546-1550. [Electronic resource]. – Access mode: http://e-koncept.ru/2016/96228.htm.
4. Zhamborov A.A. Topical issues of organizing and conducting fire training classes with employees of internal affairs bodies // Eurasian Law Journal. – 2018. – No. 3 (118). – P. 396-397.
5. Zhamborov A. A. Some features of the formation of psychological stability and physical readiness of employees of internal affairs bodies for the use of military weapons // Eurasian Law Journal. – 2021. – No. 3 (154). – S. 343-345.
LAW ENFORCEMENT AUTHORITIES
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KYMISHEVA 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
SPECIAL THEORETICAL KNOWLEDGE AND PRACTICAL SKILLS OF EMPLOYEES LAW ENFORCEMENT AGENCIES WHEN USING A VEHICLE TO TRANSPORT AND (OR) ACCOMPANY A PROTECTED PERSON
An independent regulatory approach to regulating the specifics of the activities of law enforcement officers when using a vehicle to transport and (or) accompany a protected person has not been developed in Russian legislation. Separate acts that would somehow more or less comprehensively approach the solution of the above problems have not been adopted, including even at the level of departmental law-making. Transportation or escort of protected persons using transport has not yet received proper legal regulation, and special training for employees of physical protection units is due to the specifics of their functioning in the framework of ensuring security measures in relation to protected persons, depending on the specific situation. Transportation and escort using a vehicle is not regulated by federal law. Based on this, focusing on the development of the physical capabilities of law enforcement officers who ensure the security of persons subject to state protection seems to be quite justified given the importance of their professional activities in the face of emerging threats.
Keywords: police officers, vehicles, transportation and escort of a protected person, state protection, special training.
Work bibliographic list
1. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” also proclaims the protection of fundamental rights and freedoms of man and citizen as a priority and one of the main strategic tasks in the field of state and public security. P. 42.
2. Decree of the Government of the Russian Federation of July 21, 2018 No. 855 (as amended on April 8, 2022) “On approval of the Rules for the application of security measures in the form of transferring a protected person to another, temporary or permanent, place of work (service) or study, relocation to another, temporary or permanent, place of residence in relation to judges, officials of law enforcement and regulatory bodies, certain categories of military personnel and federal state civil servants, whose monetary maintenance is carried out at the expense of the federal budget.
3. Order of the Ministry of Internal Affairs of Russia dated May 5, 2018 No. 275 “On approval of the Procedure for organizing the training of personnel for filling positions in the internal affairs bodies of the Russian Federation”.
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
INTERNAL AFFAIRS BODIES AS PART OF THE SYSTEM OF EXECUTIVE AUTHORITIES
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 realizing their tasks and functions. The article discusses the concepts, powers, structure, legal status of internal affairs bodies and their interaction with other executive authorities. It also reveals the essence of the Department of Internal Affairs as a subject of executive power.
Keywords: internal affairs bodies, concept, tasks, powers, functions, structure, police
Work 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 . Order of the Ministry of Internal Affairs of Russia dated April 12, 1999 No. 288 (as amended on June 19, 2018) “On measures to implement the Decree of the Government of the Russian Federation dated July 21, 1998 No. 814” (together with the “Instruction on organizing the work of internal affairs bodies to control the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation”).
LAW ENFORCEMENT AUTHORITIES
MARTYNOV Vadim Alekseevich
Deputy Head of the Center for Professional Training of Employees of the Ministry of Internal Affairs of Russia in the Kaluga region, colonel of police
MANAGEMENT DECISION IN THE INTERNAL AFFAIRS BODIES AS A SYSTEM
The article offers a theoretical justification of a systematic approach to the study of managerial decisions in the internal affairs bodies. The main approaches to the concept of managerial decision in various sciences are described. Based on the analysis of scientific literature, the main components and elements of the management decision system in the internal affairs bodies are identified and their interrelations are displayed.
Keywords: management decision, internal affairs bodies, system, subject of management decision, object of management decision.
Work bibliographic list
1. Demin G. A. Methods of making managerial decisions: textbook. Benefit. – Perm, 2019. – P. 11. [Electronic resource]. – Access mode: http://www.psu.ru/files/docs/science/books/uchebnie-posobiya/demin-metody-prinyatiya-upravlencheskikh-reshenij.pdf.
2. Kolchina V. S. Political and managerial decisions: features of preparation, adoption and implementation by authorities // Bulletin of the Volga Institute of Management. – 2006. – No. 11. – P. 70-77.
3. Krapivina E. S. Organization of the control system of internal affairs bodies // Bulletin of the Belgorod University of Cooperation, Economics and Law. – 2013. – No. 2. – P. 303-308.
4. Mardas A. N., Gulyaeva O. A. Fundamentals of management. – M.: Yurayt, 2019. – 175 p.
5. Musatov D. A. The concept and signs of management decisions in the activities of internal affairs bodies // Business in law. – 2014. – No. 1. – P. 182-184.
6. Organization of management of internal affairs bodies: textbook, 2nd edition, supplemented and revised / Ed. A. M. Kononova, I. Yu. Zakhvatova. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2017. – 421 p.
7. Petrova O. V. Methodology of managerial decision-making: educational. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. – 92 p.
8. Raizberg B. A., Lozovsky L. Sh., Starodubtseva E. B. Modern economic dictionary. – 2nd ed., corrected. – M.: INFRA-M, 1999. – 479 p.
9. Russian Sociological Encyclopedia / Ed. G. V. Osipova. – M.: NORMA-INFRA M, 1998. – 672 p.
10. Rusakov V. K. Management decisions in the field of law enforcement in the territorial bodies of the Ministry of Internal Affairs of Russia at the district level: author. dis. &helli; to-ta jurid. Sciences: 12.00.11. – M., 2013. – 23 p.
11. Sirota N.M. Political science. Classics of science. Terms. Tests. – St. Petersburg, 2012. – 32 p.
12. Sorokin V. A. Psychological foundations of managerial decisions of the leaders of the internal affairs bodies: Abstract of the thesis. &helli; cand. crazy. Sciences: 19.00.06. – St. Petersburg, 2006. – 22 p.
LAW ENFORCEMENT AUTHORITIES
OSIPOV Danila Denisovich
lecturer of the Samara State University of Economics
PROSPECTS FOR THE DEVELOPMENT OF PRIVATE DETECTIVE ACTIVITIES IN THE RUSSIAN FEDERATION
This article analyzes private detective activity. Particular attention is paid to the “points of contact” with law enforcement activities. The problems of the current state of private detective activity and possible ways of overcoming them in the long term are investigated.
Keywords: private detective work, law enforcement, public safety, private detective, protection of rights and freedoms.
Work bibliographic list
1. Law enforcement agencies: Textbook for law schools and faculties / Ed. K. F. Gutsenko. — M.: Publishing house «ZERTSALO», 2007. — P. 9.
2. 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).
3. 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”. [Electronic resource]. – Access mode: SPS K+ (date of access: 09/05/2021).
4. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020). [Electronic resource]. – Access mode: SPS K+ (date of access: 09/05/2021).
5. Criminal procedural law of the Russian Federation in 2 hours. Part 1: a textbook for universities / G. M. Reznik [et al.]; under the general editorship of G. M. Reznik. — 3rd ed., revised. and additional — Moscow: Yurayt Publishing House, 2021. // Yurayt Educational Platform [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/470369 (date of access: 04.09.2021).
LAW ENFORCEMENT AUTHORITIES
SHULGIN Andrey Aleksandrovich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
THE ACTIVITIES OF LOCAL POLICE COMMISSIONERS IN RESOLVING FAMILY AND DOMESTIC CONFLICTS
The article deals with the issues of resolving family and domestic conflicts by the district police commissioner. The author attempts to highlight the difficulties encountered in solving this category of offenses in conjunction with the opinions of other scientists in the field of administrative law. The analysis of normative legal acts regulating the sphere of family and household relations is carried out, on the basis of which the author comes to the conclusion about the imperfection of the legislative framework of this sphere of relations, in connection with which measures for improvement are proposed.
Keywords: district police commissioner, offense, conflict, family and household relations, preventive accounting, individual preventive work, administrative responsibility.
Work bibliographic list
1. Volosova N.Yu., Zhurkina O.V., Filippova E.O. The problem of family (domestic) violence during the fight against a new coronavirus infection: prevention issues // Russian Justice. – 2021. – No. 1. – P. 49-51.
2. Ravnyushkin A.V. Domestic offense: concept and composition. // Journal Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2012. – No. 1. – P. 116-122.
3. Romanov A.A. Scientific commentary on the draft federal law “On the Prevention of Domestic Violence in the Russian Federation” // Journal Law: retrospective and perspective. – 2020. – № 2. – P. 44-50.
LAW ENFORCEMENT AUTHORITIES
BOGDANOV Aleksey Viktorovich
Ph.D. in Law, associate professor of Organization of the activities of the internal affairs bodies sub-faculty of the Center for Command Staff Trainings of the Academy of Management of the MIA of Russia
DANSHIN Dmitriy Lvovich
student of the 2nd Faculty of the Academy of Management of the MIA of Russia
GENERAL CHARACTERISTICS OF THE FORMS AND METHODS OF MANAGEMENT USED IN THE TERRITORIAL BODIES OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION AT THE PRESENT STAGE
The article discusses some issues of improving management activities in the system of the Ministry of Internal Affairs of Russia, in terms of determining the forms and methods of departmental management, disclosure of their content and topical issues when used at the present stage. The rapid development of information and telecommunication technologies creates prerequisites for optimizing the methods of communication between subjects and objects of management in the internal affairs bodies of the Russian Federation, which in turn entails the transformation of traditional forms of departmental management. In turn, the knowledge of the entire set of existing management methods by modern managers of the Ministry of Internal Affairs of Russia and their complex, selective use in daily operational and official activities will significantly improve the quality and increase the efficiency of departmental management.
Keywords: internal affairs bodies, management activities, management methods, forms of management, head of the internal affairs body, organization staff, social management, law enforcement system, organization of the activities of internal affairs bodies.
Work bibliographic list
1. Bogdanov A. V., Kochnev A. A. The role of modern software in the process of optimizing information and analytical work in the internal affairs bodies of the Russian Federation // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 403-404.
2. Bavsun I. G. On the possibilities of improving the management activities of internal affairs bodies at the present stage // Actual problems of combating crimes and other offenses. – 2016. – No. 14-1. – P. 216-217.
3. Daineko OA Graphic methods in production management. Lecture. – M., 1966. – 56 p.
4. Kozlova O. V. Scientific bases of production management. – M.; Publishing house “Economics”, 1979. – 285 p.
5. Mikhailov V. I. Some questions of the organization of managerial activity in the internal affairs bodies // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2013. – No. 2 (60). – S. 50-55.
6. Radchenko N. S., Azarova A. I., Gretskaya S. S. Ways to improve the forms and methods of managerial activity in the internal affairs bodies // Young scientist. – 2019. – No. 3 (214). – P. 286-288.
7. Reichert E. S. Social management as a special kind of management // Bulletin of SUSU. – 2006. – No. 13. – P. 33-342.
SAFETY AND LAW
AGUMAVA Alkhas Ardonbeyevich
senior adviser of Justice, Prosecutor of Sukhum. Republic of Abkhazia
MUKHTAROV Dalgat Jamaludinovich
lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Training of the MIA of Russia (branch) Krasnodar University of the MIA of Russia
ON WAYS TO COUNTER ORGANIZED CRIME AT THE PRESENT STAGE
The author of the article, having examined the statistics of crimes of previous years, concluded that organized crime in modern Russia in combination with corruption, drug trafficking, weapons, etc. according to the National Security Strategy of the Russian Federation, is the main threat to state and public security. The author argues that today the state and society are faced with the task of protecting future generations, and for this it is necessary to fight not only with private cases of drug trafficking, but to find a method of combating the entire system. The analysis allows us to state that organized crime continues to be one of the priority threats to national security.
Keywords: criminal formations are cohesive and have a certain internal hierarchy of management, high latency of crimes.
Work bibliographic list
1. Tishkin D. N. Issues of organizing the fight against organized crime in the system of modern international relations // In the book: Interdisciplinary problems of international relations in a global context. Monograph. Scientific editors: A. U. Albekov, A. M. Starostin. – Rostov-on-Don, 2019. – pp. 284-289.
2. Written K. S. Organized crime: concept, signs, development // Legal fact. – – No. 75. – pp. 75-77.
3. Korkmazov A. V., Bozieva Yu. G. Functioning of modern organized crime in a pandemic // Journal of Applied Research. – 2022. – T. 2. No. 3. – pp. 172-175.
4. Dyachenko N. N., Vaile S. P. State and trends of modern organized crime // In the collection: Activities of law enforcement agencies in modern conditions. Collection of materials of the XXV international scientific-practical conference. – – pp. 75-82.
5. Baikov D. M. Expansion of organized crime as a threat to the national security of Russia // Young scientist. – 2014. – No. 8 (67). – pp. 651-655.
6. Dyachenko N. N., Vaile S. P. Status and trends of modern organized crime // In the collection: Activities of law enforcement agencies in modern conditions. Collection of materials of the XXV international scientific-practical conference. – – pp. 75-82.
7. Written K. S. Organized crime: concept, signs, development // Legal fact. – – No. 75. – pp. 75-77.
SAFETY AND LAW
BITOV Alim Aslanovich
lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences, enior lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ENSURING INFORMATION SECURITY IN THE FINANCIAL SECTOR OF THE RUSSIAN FEDERATION: PROBLEMS AND COUNTERMEASURES STRATEGY
The credit and financial sector is the most vulnerable in terms of information security. The introduction of information technologies in credit institutions makes it possible to increase the efficiency of the functioning of credit institutions and increase the availability of financial services for customers. However, despite a number of advantages, the introduction of information technology also leads to an increase in the number of cybercrimes in the financial sector. In the Russian Federation, the Bank of Russia acts as the coordinator in the field of information security of the financial sector. The activity of the Bank of Russia is aimed at the legal regulation of the sphere of information security and the technological equipment of the cybersecurity system. The implemented information protection measures in the banking sector need to be constantly improved, as cybercriminals are also actively mastering new technologies for committing crimes.
Keywords: financial sector, cyber security, cyber attacks, digital technologies, banks, information risks, cyber threats.
Work bibliographic list
1. Standard of the Bank of Russia “Ensuring information security of organizations of the banking system of the Russian Federation. General provisions» STO BR IBBS-1.0-2014 (adopted and put into effect by Order of the Bank of Russia dated May 17, 2014 N R-399) The main directions for the development of information security in the financial sector for the period 2019-2021 (approved by the Bank of Russia).
2. Vasilenko O. A. Measures of the Central Bank of Russia to protect information in the financial sector // Science, technology and education. – 2018. – No. 8 (49). – P. 66-68.
3. Zhukov A. Z. The problem of growth in the number of economic crimes in the Russian Federation through the use of information technologies in the context of globalization // Problems of Economics and Legal Practice. – 2019. – No. 3. – P. 119-121.
4. Alekseev VN Approaches to the development of the information and regulatory system of the financial infrastructure // Research Financial Institute. Financial magazine. – 2019. – No. 2 (48). – S. 109-121.
SAFETY AND LAW
GUTAEV Alim Magomedovich
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 the police
KRIVITSKY Dmitriy Evgenjevich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF LEGAL REGULATION OF ARMS TRAFFICKING IN RUSSIA
The problem of responsibility for crimes related to the circulation of firearms is one of the most relevant. Illegal possession of weapons leads to an aggravation of the criminogenic situation, forms the prerequisites for the commission of socially dangerous acts against a person and property. Unresolved are the issues of determining the varieties, mode of storage and transportation of weapons. A universal model for regulating the circulation of civilian weapons has not been created in the world, the most effective implementation of the presented models is possible only if all objective factors for each particular state are balanced.
Keywords: circulation and types of weapons, state regulation, permits and restrictions, illegal actions, crime situation
Work bibliographic list
1. Ostashev A. A. Legislative regulation of arms turnover in Russia and foreign countries // E-Scio. – 2021. – No. 12 (63). – P. 484-496.
2. Federal Law “On Weapons” dated December 13, 1996 No. 150-FZ. [Electronic resource]. – Access mode http://www.consultant.ru/document/cons_doc_LAW_12679/
3. Decree of the Government of the Russian Federation of July 21, 1998 No. 814 “On measures to regulate the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_19504/
4. Federal Law “On Weapons” dated December 13, 1996 No. 150-FZ. [Electronic resource]. – Access mode http://www.consultant.ru/document/cons_doc_LAW_12679/
5. Federal Law “On Amendments to the Federal Law “On Weapons” and separate legislative acts of the Russian Federation dated June 28, 2021 No. 231-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_124569/
SAFETY AND LAW
GALYAUTDINOV Rustem Flyurovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
NASYROV Ramil Rasilevich
lecturer of the cycle of professional service and physical training of the Ufa school for training of specialists-cynologists of the MIA of Russia, major of police
NEW SCHEMES OF CYBER FRAUD
The article discusses the main schemes of fraudulent actions with the use of information technologies that have become widespread in our country. The author draws attention to the possible negative consequences and the degree of public threat of the considered illegal actions. Special attention is paid to new schemes of deception that have become widespread over the past year.
Keywords: fraud, cybercriminals, risks and threats in the information space, phishing.
Work bibliographic list
1. Zaiganov M. Experts called the most frequent schemes of swindlers. – [Electronic resource]. – Access mode: https://rg.ru/2021/12/02/moshenniki-izobreli-novye-sposoby-ohoty-na-nashi-dengi.html – 06/30/2022.
2. Stepanova Y. Fraudsters activate QR codes. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5170355 – 13.02.2022.
SAFETY AND LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, lecturer of Law enforcement sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of MIA of Russia, lieutenant of police
PROBLEMATIC ASPECTS OF COUNTERING EXTREMIST CRIMES
The relevance of the chosen topic of scientific research is explained by the fact that in the conditions of increasing aggression of foreign countries, countering crimes of extremist and terrorist orientation is one of the priorities of the state.
The dissemination of extremist materials, the recruitment of young people into the ranks of armed formations and the inculcation of an ideology of confrontation between society and the state are currently threats to national security.
The analysis demonstrates that, despite the work of law enforcement agencies in the direction of preventing extremist movements, this illegal activity continues to spread. Therefore, the employees of the competent authorities require modern theoretical and practical knowledge in the field of countering extremist activities.
The author comes to the conclusion that the fight against extremism is possible with the comprehensive mutual work of all bodies and institutions, as well as with the use of a set of measures to improve the standard of living of the population, measures aimed at fostering interfaith tolerance and civic-patriotic education of young people in society.
Keywords: extremism, extremist activity, recruitment, countering extremism.
Work bibliographic list
1. Federal Law No. 114-FZ of July 25, 2002 “On counteracting extremist activity” (as amended). [Electronic resource]. – Access mode: https://base.garant.ru/12127578 (date of access: 05/23/2022).
2. Kirilenko V.P., Alekseev V.P. Actual problems of countering extremist crimes // All-Russian Journal of Criminology. – 2018. – V. 12. – No. 4. – C. 561-571 (date of access: 19.04.2022).
3. Stukalov V. V., Zaporozhets E. V. Problems of countering extremism on the Internet // Society and Law. – 2016. – No. 4 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-protivodeystviya-ekstremizmu-v-seti-internet-1 / (date of access: 06/10/2022).
SAFETY AND LAW
KASHIRGOV Astemir Khasanovich
lecturer of Organization of law enforcement sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
GUTAEV Alim Magomedovich
lecturer of Organization of law-enforcement activity sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE FIGHT AGAINST CORRUPTION AS THE MAIN CONDITION OF NATIONAL SECURITY
Corruption is a powerful factor in social disorganization and social disharmony. When it reaches a certain level of prevalence, it becomes a threat to national security. This phenomenon has a high survivability, adaptability to anti-corruption impacts – adaptability, which forms many degrees of protection in relation to legal measures.
Keywords: anti-corruption dialectic, corruption, national security theory, anti-corruption strategies, anti-corruption efficiency factors
Work bibliographic list
1. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Mode of access: http://www.consultant.ru/document/cons_doc_law_10699/
2 Kondrashova T. V. Fight against corruption: fight or its imitation? // In the collection: Corruption: the anatomy of a phenomenon. Materials of the International scientific-practical conference. Ural State Law University, Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences. – 2020. – P. 70-78.
3. Gaibullaeva S. M., Gadzhimagomedova Sh. S. Fighting corruption is the main condition for economic growth // Innovations. The science. Education. – 2021. – No. 46. – P. 1421-1426.
4. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_law_10699/
5. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_law_10699/
6. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_law_10699/
SAFETY AND LAWО
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ARDAVOV Mikhail Mukhamedinovich
Ph.D. in Law, Head of Special disciplines sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, colonel of police
MEASURES TO PREVENT AND COMBAT MANIFESTATIONS OF EXTREMISM AND TERRORISM IN EDUCATIONAL INSTITUTIONS
In the article, the author gives the concept of extremism, describes its main manifestations. The importance of countering this dangerous phenomenon, which often develops into terrorist acts, incitement of discord on the basis of religious confrontation, racial, political, etc., is emphasized.
The author draws attention to the fact that not only the state should pursue a policy of countering these phenomena, law enforcement agencies and security services, but also social services, educational institutions, and citizens themselves. It is important to “put” into the heads of young people an understanding of the inadmissibility of supporting the ideas of violence, bullying, vandalism and other manifestations, to emphasize that any illegal acts, especially under the auspices of radical views, entail criminal liability.
Keywords: counteraction, extremism, terrorism, violence, ideology, prevention, patriotism, education.
Work bibliographic list
1. In Russia, the number of extremist crimes increased by a quarter in 2021-Incidents–TASS. [Electronic resource]. – Access mode: https://tass.ru/proisshestviya/13459223?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 05/20/2022).
2 . Lenin V.I. Why should social democracy declare a resolute and merciless war against socialist revolutionaries // PSS. – T. 6. – S. 376.
3. Mishin A. A. Socio-demographic characteristics of those convicted of extremist and terrorist crimes // Man: crime and punishment. – 2021. – V. 29 (1-4). – No. 1. – P. 123-128
4. Extremist organizations in the USSR. Is history repeating itself? – Blog of Nadezhda Suptelya. [Electronic resource]. – Access mode: https://uspehmoney.ru/ekstremistskie-organizatsii-v-sssr-istoriya-povtoryaetsya (date of access: 05/20/2022).
SAFETY AND 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
ON THE ISSUE OF COUNTERING EXTREMISM AT THE PRESENT STAGE
In the article, the author gives the concept of extremism and its main causes in the current situation in the country and the world. The importance of countering this most dangerous direction is emphasized not only from a legislative point of view, but also with the help of public work, education and other things.
The author in the article gives examples of the measures that have already been taken, draws attention to the important role of law enforcement agencies and security services, as well as educational institutions in countering extremism, conducting preventive work with young people.
Keywords: extremism, terrorism, counteraction, prevention, patriotism, education, strategy of countering extremism, coronavirus, law enforcement agencies.
Work bibliographic list
1. In Russia, the number of extremist crimes increased by a quarter in 2021 – Incidents – TASS. [Electronic resource]. – Access mode: https://tass.ru/proisshestviya/13459223?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 06/04/2022).
2 . Zorina P. A. Features of the prevention of extremism in the youth environment // Humanitarian, socio-economic and social sciences. – 2017. – No. 4. – P. 26-28.
3. Illegal anti-extremism in May 2022 / June / 2022 / Publications / Illegal anti-extremism / SOVA. [Electronic resource]. – Access mode: https://www.sova-center.ru/misuse/publications/2022/06/d46381/ (date of access: 20.05.2022).
4. Putin called for the development of preventive measures to combat extremism – RIA Novosti, 02/17/2022. [Electronic resource]. – Access mode: https://ria.ru/20220217/ekstremizm-1773313556.html (date of access: 05/20/2022).
5. Rosstat named the number of Russians living below the poverty line — RBC. [Electronic resource]. – Access mode: https://www.rbc.ru/economics/11/03/2022/622b53209a7947ef35d91afb (date of access: 05/20/2022).
SAFETY AND LAW
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KYMISHEVA 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
FEATURES OF ADMINISTRATIVE AND LEGAL REGULATION OF RELATIONS ARISING FROM THE INTRODUCTION OF A STATE OF EMERGENCY IN THE RUSSIAN FEDERATION
Today, various large-scale transformations are taking place all over the world, entailing both positive changes and significant threats, the degree and nature of which are constantly changing. First of all, there is an imperfection of the legislation regulating the activities of the internal affairs bodies and other law enforcement agencies involved in ensuring the state of emergency and eliminating its further consequences. Another significant drawback is the failure to hold accountable those state authorities, law enforcement agencies, officials who not only ensure the order of the special regime, but also carry out illegal or gross actions that entail unreasonable and significant restriction of human rights and freedoms in a state of emergency. The article examines the totality of administrative and legal norms, legal acts regulating social relations arising from the establishment and operation of the state of emergency in Russia. The purpose of the scientific article is to comprehensively consider the institution of a state of emergency, the procedure for its introduction and the peculiarities of the legal status of the subjects of administrative and legal relations arising from the introduction of a state of emergency in Russia.
Keywords: state of emergency, emergency situation, administrative and legal regulation of public authorities, internal affairs bodies.
Work 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). – Art. 56.
2. Kostrikova N. A. Legal regulation of the regime of martial law and state of emergency: V International Baltic Maritime Forum / Forum Materials. – 2017. – S. 796-802.
3. Yurasyuk N. V., Matveev A. G. Legal regulation of the regime of military and state of emergency // In the collection: V International Maritime Forum. Forum materials. Compiled by Kostrikova N. A., 2017. – P. 799-802.
HUMAN RIGHTS
KLINCHUK Svetlana Vasiljevna
lecturer of Criminal process and forensic science sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
BENEDISHIN Bogdan Aleksandrovich
cadet of the Crimean branch of the Krasnodar University of the MIA of Russia, ordinary police
CERTAIN ASPECTS OF THE INVESTIGATION OF FRAUD COMMITTED IN ORDER TO RECEIVE SOCIAL BENEFITS
There is a special provision of the criminal law, according to which criminals are brought to criminal responsibility, namely Article 159.2 of the Criminal Code of the Russian Federation “Fraud in receiving payments”. The complexity of the investigation of such crimes lies in the fact that the person who carries out the preliminary investigation needs to be guided in the work of banks, credit organizations, to know the legislative framework, according to which various social benefits are accrued.
Keywords: fraud, social benefits, economic activity, government agencies, criminal case, investigation.
Work bibliographic list
1. Kopeiko T. G. Reasons and conditions for committing fraud when receiving payments // Humanitarian, socio-economic and social sciences questions of qualification and investigation of fraud when receiving payments. – 2021. – No. 4. – P. 42-53.
2. Potetinov V.A. On the issue of qualifying fraud in receiving social payments (Article 159.2 of the Criminal Code of the Russian Federation) // Law and Practice. – 2021. – No. 3. – P. 16-22.
3. Fedorov A. V., Kravtsov S. S. Questions of qualification and investigation of fraud in receiving payments // Yurist-Pravoved. – 2021. – No. 10. – P. 36-57.
4. Shcherbachenko A. K. Stability of the mechanism of fraud committed by a group of persons // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 9. – S. 26-47.
HUMAN RIGHTS
KHARLAMPJEVA Nadezhda Klimovna
Ph.D. in historical sciences, associate professor of the World politics sub-faculty of the Saint-Petersburg State University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of the World politics sub-faculty of the St. Petersburg State University
POLITICAL AND LEGAL PRINCIPLES OF PRESERVING CULTURAL HERITAGE IN THE METHODOLOGY OF STUDYING THE ARCTIC
The article updates the features of studying and evaluating the principles of preserving cultural heritage in the Arctic. With the help of world political analysis, a feature of the academic and expert-pragmatic approaches to the study and evaluation of the principles of preserving cultural heritage in the Arctic has been revealed. In the academic environment, intangible cultural heritage is discussed in order to develop scientific and methodological topics for educational programs for higher educational institutions and disseminate knowledge using the example of the Arctic. The political and legal contradictions of the object of study are assessed from a pragmatic point of view and the expediency of signing new international acts. Attention is focused on the problem of coordination of competencies between federal and regional authorities.
Keywords: space of knowledge, indigenous peoples of the Arctic, cultural heritage, world policy approach.
Work bibliographic list
1. Andrichenko L. V. Problems of legal support for the preservation of the cultural heritage of indigenous peoples: international and national aspects // Journal of Foreign Legislation and Comparative Law. – 2019. – No. 4. – pp. 17-32.
2. Ignatieva I. A. Legal foundations for the development of the Arctic zone of the Russian Federation and the concept of sustainable development // Ecological Law. – 2021. – No. 6. – pp. 11-16.
3. Ignatieva S. S., Bogolyubova N. M., Kuznetsova A. E., Matveevskaya A. S., Nikolaeva Yu. V., Kharlampyeva N. K., Osadchaya E. V. St. Petersburg State University and the Arctic State Institute culture and arts: experience and prospects for cooperation in intercultural communication and tourism in the Arctic // Vestnik AGIKI. Arctic State Institute of Culture and Arts. – 2020. – No. 11 (1). – pp. 35-38.
4. The development of consistency in the development of the natural potential of the northern little-studied territories / Tatarkin A. I., Ignatieva M. N. et al. – Yekaterinburg, 2015.
5. Kharlampyeva N. K. The Arctic in the modern system of the global world // Science and innovative developments – North: Sat. reports. Tot. ed. A. A. Goldman, I. V. Zyryanov, I. S. Tomsky. – Novosibirsk: Publishing House of the Siberian Branch of the Russian Academy of Sciences, 2014. – pp. 397-390.
6. Ecological restoration in the Arctic: a review of international and Russian experience / ed. T. Yu. Minaeva. – Syktyvkar – Naryan-Mar, 2016. – 288 p.
7. Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) 2007 [Electronic resource]. – Access mode: https://www.docip.org/ru/korennye-narody-v-oon/ehkspertnyi-mekhanizm/ (date of access: 05/01/2022).
8. Ethno-national processes in the Arctic: trends, problems and prospects: monograph / I. F. Vereshchagin, K. S. Zaikov, A. M. Tamitsky, T. I. Troshina, F. Kh. Sokolova, N. K. Kharlampyeva et al. .; under total ed. N. K. Kharlampyeva; Sev. (Arctic) feder. un-t. M. V. Lomonosov. – Arkhangelsk: NArFU, 2017. – 325 p.
9. Huhmarniemi M., Jokela T. 2020. Arctic Arts with Pride: Discourses on Arctic Arts, Culture and Sustainability. Sustainability (Switzerland), 12(2): 1-21. https://doi.org/10.3390/su1202060.
10. Jokela T., Huhmarniemi M., Beer R., Soloviova A. 2021. Mapping New Genre Arctic Art. [Electronic resource]. – Access mode: https://arcticyearbook.com/images/yearbook/2021/Scholarly-Papers/29_AY2021_Jokela.pdf (accessed 05/01/2022).
PEDAGOGY AND LAW
ASHKHOTOVA Liana Arkadjevna
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, senior lieutenant of police
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
TECHNOLOGY FOR IMPROVING THE COMMUNICATIVE MOBILITY OF DIA EMPLOYEES IN ADDITIONAL PROFESSIONAL EDUCATION
Almost every employee of the Department of Internal Affairs, regardless of the functions performed, has to apply adaptive strategies daily in communicating with various categories of citizens. This suggests that within the framework of additional professional education, it is necessary to implement special measures aimed at mastering the necessary knowledge and skills that ensure the mobility of communication in different conditions of professional activity.
Keywords: communicative mobility, professional education, pedagogical practice, technologization, evolutionism, contextual learning technology.
Work bibliographic list
1. Bespalko V.P. Components of pedagogical technology. – Moscow: Pedagogy, 1989. – 190 p.
2. Guzeev VV Educational technology: from admission to philosophy. – Moscow: Ed. Firm «September», 1996. – 112 p.
3. Nikonorov E. A., Vokhontseva N. S. Pedagogical technologies in modern pedagogy // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 6. – pp. 280-282.
4. Shamshina I. G. Pedagogical technologies used in andragogy // Bulletin of science and education. – 2014. – No. 1 (1). – pp. 66-69.
5. Verbitsky A. A. Pedagogical technology in contextual learning // Pedagogy and psychology of education. – 2009. – No. 3. – pp. 48-54.
PEDAGOGY AND LAW
KUBEEV Alibek Zhanabaevich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Eduard Vadimovich
senior lecturer of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia
PROBLEMS OF PROVIDING SECURITY MEASURES FOR PHYSICAL TRAINING CLASSES BY EMPLOYEES OF INTERNAL AFFAIRS BODIES
The article deals with the problem of ensuring security measures at training sessions in the discipline «Physical training». The activities of the employees of the internal affairs bodies are aimed at combating crime, which determines the important role of the physical fitness of the employee. However, at the stage of studying this section and working it out, it is necessary to minimize injuries, since this negatively affects the health of the student himself, and also becomes an obstacle to implementation as an employee of the internal affairs bodies. Both the student and the teacher can prevent the occurrence of such situations.
Keywords: security measures, police officer, physical training, combat fighting techniques, training of cadets.
Work bibliographic list
1. Krasilov O.V., Manannikov S.V., Balakin Yu.P. Physical training as a component of the complex of bases for professional training of an internal affairs officer // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. 2019. No. 2 (37). pp. 179-181.
2. Barkalov S.N. Causal factors of sports injuries and ways to prevent it in the physical training classes of police officers // Training of personnel for law enforcement agencies: modern trends and educational technologies. Collection of materials all-Russian. scientific and methodical. conf. Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2017. P. 8-13.
PEDAGOGY AND LAW
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational-investigative activity of internal affairs bodies sub-faculty of the Ufa Law Institute of MIA of Russia
THE USE OF INFORMATION AND COMMUNICATION TECHNOLOGIES IN THE EDUCATIONAL PROCESS
The priority areas of activity of the internal affairs bodies are the implementation of a unified technical policy of informatization of the internal affairs bodies, the development of information technology infrastructure, means and communication systems, information security, organization of external electronic interaction. This approach requires improving the training of future police officers. In this regard, the transition to training using information and communication technologies is very relevant today. Despite the necessity and importance of all research conducted in the field of the use of information and communication technologies in education, there are a number of problems.
Keywords: information and communication technologies, training, education, information and analytical support, informatization, digital educational environment.
Work bibliographic list
1. Sychev A. V. Perspective technologies and languages of web development. [Text]. – M.: Open National University «INTUIT», 2016. – 494 p.
2. Mashchenko M. V. Modern information and communication support of the educational process by means of online services: Educational and methodological manual [Electronic resource] / M. V. Mashchenko, E. A. Koksharova, I. V. Belenkova. – Electron. text data. – Krasnoyarsk: Scientific and Innovation Center, 2019. – S. 8.
PEDAGOGY AND LAW
NOSKOV Oleg Sergeevich
Ph.D. in Law, Acting Deputy Head of the Institute (for Academic Affairs) of the Ufa Law Institute of the MIA of Russia
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
METHODS OF PSYCHOLOGICAL INFLUENCE DURING TRAINING SESSIONS ON FIRE TRAINING WITH CADETS (TRAINEES) OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses methods of improving the effectiveness of shooting in the classes of fire training for cadets (students) of educational organizations of the Ministry of Internal Affairs of Russia. The psychological state of the police officers is the key to an accurate shot when firing from a combat weapon. The use of various methods of psychological influence on the self-consciousness of cadets (listeners) is necessary for the training of future police officers.
Keywords: fire training, methods of psychological influence, cadet, listener, educational organizations, the Ministry of Internal Affairs of Russia.
Work bibliographic list
1. Noskov O. S., Pugachev A. V. Influence of training load on the success of cadets in the discipline “fire training” // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (90). – S. 204-212. – EDN ZJINJF.
2. Problems of organization of conducting practical exercises on fire training in the territorial bodies of the Ministry of Internal Affairs of Russia: methodological recommendations / O. S. Noskov, N. Yu. Goryacheva, A. I. Murtazin, R. F. Faskhutdinov, A. A. Daminov. – Ufa: Ufimsky Institute of the Ministry of Internal Affairs of the Russian Federation, 2019. – 42 p.
3. Exercises for complex classes in fire and physical training: teaching aid / Comp. V. N. Konstantinov, L. N., Nenashev, D. V. Oshurkov, T. D. Keldasov. – Irkutsk: FGKOU VO VSI MIA of Russia, 2018. – 48 p.
PEDAGOGY AND LAW
YAKUSHEV Vadim Aleksandrovich
Ph.D. in Law, associate professor of Organization of fire and physical training sub-faculty of the Academy of Management of the MIA of Russia
ZHAMBOROV Anzor Anatoljevich
Ph.D. in Law, associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
RASHIDOV Murad Magomednurovich
student of group № 2UZ-2014 of the Academy of Management of the MIA of Russia
РROBLEMS OF ORGANIZATION OF PROFESSIONAL TRAINING OF YOUNG EMPLOYEES OF INTERNAL AFFAIRS BODIES AT THE STAGE OF REFERRAL TO THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses the organizational and legal foundations of special training for employees of the internal affairs bodies of the Russian Federation. The study of the current regulatory legal acts regulating this area of activity was carried out, attention was drawn to the existing certain shortcomings of legal support in terms of organizing the process of referral to vocational training of young employees of internal affairs bodies. The dependence of timely referral to vocational training and combat capability of not only individual employees, but also the unit as a whole is determined; in addition, the regulation of labor relations in terms of recreation organization depends on it, that is, timely provision of days off, compliance with vacation schedules, vacations for personal or other circumstances; uniform workload, full staffing and the availability of appropriate competencies of the personal staff is the basis for the successful performance of operational tasks by the unit, as well as a favorable moral and psychological climate in service teams. The most problematic issue encountered in the practical daily activities of internal affairs bodies was touched upon, ensuring the referral of personnel to training programs for the position of a police officer to educational organizations of the Ministry of Internal Affairs of Russia, as well as the issue of paying bonuses (for DVSO) to various categories of police officers who are not allowed to full-fledged services. The authors have proposed their own solution to the problem, which consists in fixing changes in a certain regulatory legal act of the Ministry of Internal Affairs of Russia, the purpose of which is to develop additional motivation for employees to train.
Keywords: educational organizations, training, vocational training, performance of duties, program, award, final certification, special training, attestation commission.
Work bibliographic list
1. Federal Law No. 3-FZ of February 7, 2011 (as amended on February 6, 2020) “On the Police”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_110165/
2. Federal Law No. 342-FZ of November 30, 2011 (as amended on July 31, 2020) “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_122329.
3. On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation (Registered with the Ministry of Justice of Russia on March 22, 2018 No. 50460): order of the Ministry of Internal Affairs of Russia dated August 01, 2018 No. 50 (as amended on November 24, 2020). [Electronic resource]. – Access mode: https://mvd.consultant.ru/documents/1056428?items=100 (date of access: 15.02.2022).
4. Federal Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_140174. (date of access: 01/19/2022).
5. “On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation” (Registered with the Ministry of Justice of Russia on April 29, 2021 No. 63298): Order of the Ministry of Internal Affairs of Russia dated March 31, 2021 N 181. [Electronic resource]. – Access mode: https://mvd.consultant.ru/documents/1057322 (date of access: 02/15/2022).
PSYCHOLOGY AND LAW
GAINULLINA Aigul Vilevna
Ph.D. in psychological sciences, Head of Pedagogy and psychology in the activity of internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
THE CONTENT OF THE CONTROL AND SUPERVISORY ACTIVITIES OF THE INTERNAL AFFAIRS BODIES IN THE FIELD OF MIGRATION
The article reveals the psychological features of the activities of investigators, analyzes the structure of their professional and psychological readiness, presents the results of a questionnaire survey of students regarding the main difficulties that await them in practical activities, raises questions of improving the professional and psychological training of future specialists for investigative units, taking into account the use of interactive forms of training and practice-oriented approach, as well as the possibilities of psychological and pedagogical support.
Keywords: investigators, participants in the criminal process, professional and psychological readiness, students, socio-psychological training.
Work bibliographic list
1. Eremeev S. G. Psychological features of the formation of testimony // Actual problems of combating crimes and other offenses. – 2018. – No. 18-2.
2. Kolokoltsev V. A. Speech at an expanded meeting of the collegium of the Ministry of Internal Affairs of the Russian Federation on February 17, 2022. [Electronic resource]. – Access mode: http://www.kremlin.ru (date of access: 05/30/2022).
3. Applied legal psychology: textbook for universities / ed. prof. A. M. Stolyarenko. – M.: UNITI-DANA, 2001.
4. State of Crime – January-December 2021. [Electronic resource]. – Access mode: https://mvd.rf (date of access: 05/30/2022).
5. Fetiskin N. P., Kozlov V. V., Manuylov G. M. Socio-psychological diagnostics of the development of personality and small groups: a study guide. – M.: Institute of Psychotherapy, 2002.
PSYCHOLOGY AND LAW
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 of the Federal Penitentiary Institution «Research Institute of the Federal Penitentiary Service»
MARCHUK Olga Anatoljevna
Ph.D. in pedagogical sciences, Head of the cycle of general legal and social disciplines of the Federal State Educational Institution «Interregional Training Center of the Federal Penitentiary Service of the Moscow Region»
STRESSFUL FACTORS IN THE PROFESSIONAL ACTIVITY OF EMPLOYEES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The article deals with issues related to stress in the conditions of a pandemic, which can be experienced by employees of the penitentiary system of the Russian Federation, both in the performance of official duties and in life. The mechanism of stress influence on the body is described, the characteristics of the types of stress factors affecting the employees of the penal system of the Russian Federation are given. The criteria of mental health, which can be used in a stressful situation, are also described. Methods of dealing with professional stress are given as self-defense.
Keywords: stress, stress factors, institutions and bodies, employees, penal enforcement system.
Work bibliographic list
1. Great Russian encyclopedia. [Electronic resource]. – Access mode: https://bigenc.ru/search?q==stress (date of access: 05/27/2022).
2. Petrenko D.P. Stress during the COVID-19 pandemic and after it // Forum of Youth Science. – 2021. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stressy-v-period-pandemii-covid-19-i-after-neyo (date of access: 05/27/2022).
3. Psychology of stress and methods of its prevention: teaching aid / Auth.-comp. – Art. teacher V. R. Bildanova, Assoc. G. K. Biserova, Assoc. G. R. Shagivaleeva. – Yelabuga: Publishing house of EI KFU, 2015. – 142 p.
4. Putintseva A. V. Stress in the workplace and its impact on the employee / A. V. Putintseva. // Young scientist. – 2021. – No. 17 (359). – pp. 344-346. [Electronic resource]. – Access mode: https://moluch.ru/archive/359/80268/ (date of access: 05/26/2022).
5. Sidorcheva EN Modern approaches to stress management. Practical recommendations for improving psychological stability. Guidelines. – Chelyabinsk, 2014. [Electronic resource]. – Access mode: https://www.profpsz.ru/images/files/v-pomosh-proforgu/2018/Metodicka%20Prakticeskie%20rekomendacii%20po%20povyseniu%20psihologiceskoj%20ustojcivosti.pdf. (date of access: 05/29/2022).
6. Trufanova T. A. Modern approaches to managing professional stress // Bulletin of TSU. – 2015. – No. 4 (144). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-podhody-k-upravleniyu-professionalnymi-stressami (date of access: 05/29/2022).
MEDICAL LAW
GOROVENKO Sergey Viktorovich
Ph.D. in Law of the Tyumen State Medical University of the Ministry of Health of Russia
SANITARY AND EPIDEMIOLOGICAL AUDIT: INTERNATIONAL EXPERIENCE AND RUSSIAN LEGISLATION
At the moment, in Russia, sanitary and epidemiological audit as an independent assessment of the compliance of activities, works and services with sanitary requirements does not have reliable legal support. This concept is absent in Federal Law No. 52-FZ of 12.03.1999. “On the sanitary and epidemiological welfare of the population”, in contrast to the legislation, for example, of the Republic of Belarus and the Republic of Kazakhstan. The study of foreign experience in creating a system of independent assessment of compliance with sanitary and epidemiological standards will allow us to determine the optimal provisions that could be used in Russian legislation.
Keywords: sanitary and epidemiological audit, sanitary risk management.
Work bibliographic list
1. Mai I. V., Sedusova E. V., Lebedeva T. M. Sanitary and epidemiological audit in Russia and abroad: problems and development prospects (analytical review) // Health risk analysis. – 2016. – No. 4. – pp. 135-143.
2. Ternov V. I. Sanitary and epidemiological audit in the Republic of Belarus: state, problems and development prospects // Zdravookhranenie. – 2019. – No. 9. – 42-44.
SOCIOLOGY AND LAW
DAUTOVA Tanzilya Akhtyamovna
Ph.D. in sociological sciences, associate professor of State management sub-faculty of the Bashkir State University
GALLYAMOVA Ainaz Faatovna
magister student of State management sub-faculty of the Bashkir State University.
«SOCIAL CONTRACT» AS A NEW METHOD OF COMBATING POVERTY IN THE REPUBLIC OF BASHKORTOSTAN
The article analyzes the phenomenon of social contracts as one of the new forms of social protection of the population. Their varieties, advantages and problems arising in the process of their implementation are considered. It is noted that social contracts are in high demand among the target audience. It is proposed to simplify the administration procedure, which will improve the efficiency of using a new socio-economic tool to increase the business activity of the population.
Keywords: social contract, poverty, living wage.
Work bibliographic list
1. Kravchenko E.V. Social contract as a promising mechanism for increasing the efficiency of social protection of the population // Labor Economics. – 2019. – Volume 6. – No. 2. – pp. 827-840.
2. Regional management in Russia: historical experience and factors of modern development: Collective monograph / Aznabaev B.A., Rakhimov R.N., Urazova A.I. (and etc.); ed. Frolova I.V. – Ufa: Inesh, 2020. – 216 p.
SOCIOLOGY AND LAW
FASTOVA Marina Andreevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Astrakhan State University
MITYACHKINA Ekaterina Sergeevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Kutafin O. E. Moscow State University of Law (MSAL)
KHACHIROV Alik Vissarionovich
associate professor of Fire drilling and gas and smoke protection training sub-faculty (as part of the UNK for fire fighting) of the Academy of the State Fire Service of the Ministry of Emergency Situations of Russia
THEORETICAL AND LEGAL ASPECT OF MEDIATION FROM THE POSITION OF THE INSTITUTIONAL APPROACH
The article analyzes the institutional aspects of mediation as a general legal institution, taking into account the provisions of scientific thought in various fields of activity in the field of sociology, jurisprudence, and economics. The study made it possible to generalize the available categorical interpretations of mediation, separating them into certain groups and modules, united according to similar characteristics, revealing mediation as a form, activity, process, system, phenomenon, institution, action, legal relationship. For a complete and comprehensive conceptual understanding of mediation, it seems possible to use a systematic and integrated approach that would allow us to explore mediation relations as an integral dynamic system that meets the challenges of modern society.
Keywords: mediation, intermediary, law, conflict, deal, contract, mediation, mediator, agreement, public relations.
Work bibliographic list
1. Arkhipkina A. S. To the question of the possibility of using mediation in public law disputes // State power and local self-government. – 2022. – No. 3. – P. 15-20.
2. Gavryushkin S. N. Mediation in the sphere of intellectual property // IS. Industrial property. – 2022. – No. 2. – pp. 45-55.
3. Gochyev T. D. Ethical code of mediation: moral and legal aspects // Arbitration and civil process. – 2021. – No. 10. – pp. 17-21.
4. Kuznetsov V. A., Kutsenko S. V. Mediation in anti-crisis management and bankruptcy // Property relations in the Russian Federation. – 2022. – No. 4. – pp. 51-56.
5. Kutsenko S. V., Golikov V. D. Mediation // Sociology of Economics: in 2 books. – Book. 2. – Ufa: UGATU, 2008. – 423 p.
6. Maslow A. Motivation and personality. 3rd ed. / Per. from English. – St. Petersburg: Peter, 2014. – 532 p.
7. Ryasentsev VA The origin of representation and its essence in bourgeois civil law. – Issues of civil law. Scientific notes of VUZI. – Issue. 10. – M., 1960. – 214 p.
8. Modern methods of research in jurisprudence / Ed. N. I. Matuzova and A. V. Malko. – Saratov: SUI of the Ministry of Internal Affairs of Russia, 2007. – 375 p.
9. Financial intermediation of commercial banks: monograph / ed. prof. Yu. V. Rozhkova. — Khabarovsk: RIC KhGAEP, 2011. – 203 p.
10. Sheremetova G.S. Mediation agreement as an executive document // Arbitration and civil process. – 2020. – No. 2. – pp. 23-27.
LANGUAGE AND LAW
ILYASOVA Diana Fanilevna
magister student of the Faculty of Chemistry and Technology of Production of Inorganic Substances of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
KNYAZEV Dmitriy Aleksandrovich
magister student of the Faculty of Chemistry and Technology of Production of Inorganic Substances of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
AMINOV Sherozjon Rasulzhonovich
magister student of the Faculty of Chemistry and Technology of Production of Inorganic Substances of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of Humanities sub-faculty of the Institute of Chemical Technologies and Engineering of the Ufa State Petroleum Technical University, Sterlitamak
INNOVATIVE TECHNOLOGIES OF TEACHING A FOREIGN LANGUAGE IN EDUCATIONAL INSTITUTIONS
The article is devoted to the application of innovative technologies in the process of foreign language teaching. The relevance of using of innovative technologies is increasing due to the rapid development of society. The aim of the work is to reveal the importance of innovative technologies in foreign language learning. The scientific significance of the article is the study of the main personality-oriented and information-computer innovative learning technologies. The practical significance of the article is the comprehensive study of the theoretical foundations of innovative technologies for teaching foreign languages in educational institutions. The results of the study allowed us to offer practical recommendations for educational institutions.
Keywords: innovative technologies, modern technologies, foreign language, education, opportunities, internet, teaching methods.
Work bibliographic list
1. Braslavsky P. I., Danilov S. Yu. Internet as a means of inculturation and acculturation // Mutual understanding in the dialogue of cultures: conditions for success: monograph: in 2 hours / Ed. Ed. L. I. Grishaeva, M. K. Popova. – Voronezh: Voronezh state. university, 2017. – Part 1. – pp. 215-228.
2. Golub L. N. Technology of problem-based teaching of foreign languages // In the collection: Issues of modern philology and problems of methods of teaching languages. Materials of the fourth international scientific-practical conference. Ed. Artemova V. S., 2016. – pp. 182-189.
3. Kozina T. A., Steshina E. G., Sbotova S. V. Innovative technologies in the process of teaching a foreign language at a university: monograph. – Penza: PGUAS, 2013. – P. 8.
4. Latypova ER On the problem of applying innovative technologies for teaching foreign languages. – Science and School, 2015. – P. 3.
5. Makarova T. N. Innovative technologies in teaching a foreign language // Social and humanitarian education in the modern world: problems, searches, solutions. – 2019. – pp. 176-180.
6. Palagutina M. A. Innovative technologies for teaching foreign languages / M. A. Palagutina, I. S. Serpovskaya. // Problems and prospects for the development of education: materials of the I Intern. scientific conf.–T. 1. – Perm: Mercury, 2019. – pp. 156-159.
7. Passov E.I. Pedagogy // A unified approach to the subjects of the language cycle 2nd edition, corrected. and additional – M.: Enlightenment, 2019. – P. 94.
8. Sysoev P. V., Evstigneev M. N. The use of new educational Internet technologies in teaching a foreign language (on the material of US cultural studies) // Bulletin of TSU. – 2018. – No. 2 (58). – P. 363.
9. Umarova B. Kh. Innovative technologies for teaching a foreign language in a non-linguistic university // Education as a factor in the development of the intellectual and moral potential of the individual and modern society. – 2019. – pp. 69-74.
10. Khramova Yu. N., Khairullin R. D. Possibilities of using ICT in foreign language classes using critical thinking technology // Modern trends in the development of science and technology. – 2016. – pp. 135-137.
11. Chistyakova VV Mobile technologies in the system of teaching a foreign language: expectations and opportunities // Bulletin of the Cherepovets State University. – 2014. – P. 153.
12. Joey J. Lee Gamification in Education: What, How, Why Bother? // Academia.edu. – 2018. – [Electronic resource]. – Access mode: http://www.academia.edu/570970/Gamification_in_Education_What_How_Why_Bother (accessed 10/18/2021).
13. O’malley J. M. And Chamot, A.U., 2020. Learning Strategies In Second Language Acquisition. – Cambridge University Press. – P. 112.
ECONOMY. RIGHT. SOCIETY
ZASHCHITINA Elena Konstantinovna
Ph.D. in economical sciences, associate professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, Taganrog
EVCHENKO Natalya Nikolaevna
Ph.D. in economical sciences, professor of the Faculty of Management of the Southern Federal University
THE ROLE OF EDUCATION AND INNOVATION IN INCREASING THE COUNTRY’S COMPETITIVENESS ON THE WORLD STAGE
The purpose of this article is to identify modern trends in the development of human capital by studying the experience of the leading countries of the world. To achieve this goal, the following were considered: the model of the triple helix of innovation, the global innovation index, as well as the cases of the world’s leading countries on the use of public-private partnership mechanisms to stimulate innovation and the development of education.
Keywords: triple helix of innovation, world economy, global innovation index, public-private partnership, human capital.
Work bibliographic list
1. Kapelyushnikov R. I. How much is the human capital of Russia? – M.: Ed. House of the Higher School of Economics, 2019. – 76 p.
2. Best practices of public-private partnership in the innovation sphere // Scientific, technological and innovation policy in the Netherlands. [Electronic resource]. – Access mode: https://lsts.hse.ru/news/38943494.html (date of access: 06/05/2022).
3. Why is Switzerland a leader in innovation? [Electronic resource]. – Access mode: https://www.swissinfo.ch/eng/business (Accessed: 05/14/2022).
4. Saginova O. V. Internationalization of higher education as a factor of competitiveness // Bulletin of the Russian Academy of Economics. G. V. Plekhanov. – 2004. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internatsionalizatsiya-vysshego-obrazovaniya-kak-faktor-konkurentosposobnosti (date of access: 05/06/2022).
5. Ranking of countries by level of innovation. [Electronic resource]. – Access mode: https://nonews.co/directory/lists/countries/global-innovation-index (accessed 05/14/2022).
ECONOMY. RIGHT. SOCIETY
KULIKOVSKIY Aleksey Petrovich
postgraduate student of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
POLTORYKHINA Svetlana Valerjevna
Ph.D. in economical sciences, associate professor, Head of Finance and credit sub-faculty of the Naberezhnye Chelny branch of the V. G. Timiryasov Kazan Innovative University (IEML)
SIVTSOVA Inna Sergeevna
postgraduate student of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
KHAPILINA Svetlana Ivanovna
leading specialist of the Department of Quality management, practical training and employment of graduates of the N. V. Parakhin Orel State Agrarian University
MODERN PROBLEMS OF THE FUNCTIONING OF REGIONAL INNOVATION SUBSYSTEMS (ON THE EXAMPLE OF AN AGRARIAN REGION)
The article deals with the process of formation and development of regional innovative subsystems of the agrarian region. Their relevance and place in the modern national innovation system of the state is substantiated. The complex and contradictory nature and specificity of the concept of regional innovation subsystems is shown. The constituent processes of formation and functioning of regional innovation subsystems are characterized. It is proved that in the process of functioning of regional innovation subsystems, many problems inevitably arise. It is concluded that it is necessary to take into account modern problems of the functioning of regional innovation subsystems in order to ensure the effectiveness of the development of the agrarian region.
Keywords: national innovation system, regional innovation subsystems, regional social innovation ecosystems, regional development, regional innovation policy.
Work bibliographic list
1. Bryzgalova-Plan EA Regional innovation subsystems and problems of their formation // Innovations and investments. – 2021. – No. 4. – P. 8-12.
2. Levizov V. A. Problems of formation of regional innovation subsystems and ways to solve them // Bulletin of the Russian Academy of Natural Sciences. – 2014. – No. 18. – P. 101-103.
3. Petrukhina N. V., Sabinina A. L. Formation of a regional innovation subsystem from the standpoint of network and institutional approaches // Bulletin of the Tula State University. – 2017. – No. 4-1. – P. 308-318.
4. Petrukhina N. V. Formation of regional innovation subsystems in the spatial aspect of the development of the national innovation system: author. dis. &helli; cand. economy Sciences: 08.00.05. – Tula, 2018. – 25 p.
5. Serdyukova L. O. Problems of formation of regional innovation systems as subsystems of the national innovation system // Questions of Economics and Law. – 2011. – No. 3. – P. 123-126.
6. Serebryakova N. A. The mechanism of formation of the regional innovation subsystem / N. A. Serebryakova, N. V. Dorohova, M. I. Isaenko // Bulletin of the Voronezh State University of Engineering Technologies. – 2019. – Volume 81. – No. 4. – P. 268-273.
7. Solovieva T. S. Development of social innovation ecosystems in the context of the formation of regional innovation subsystems // Regional Economics. South of Russia. – 2019. – V. 7. – No. 3. – S. 42-50.
ECONOMY. RIGHT. SOCIETY
MARCHENKOVA Liliya Mikhalovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
SKVORTSOVA Natalya Aleksandrovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
MAKAROVA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
LEGAL REGULATION OF TOURIST ACTIVITIES IN RUSSIA
The development and prosperity of tourism activities is based on a well-developed legal framework, legal culture, and legal norms. In this regard, one of the directions of state regulation of the Russian economy is currently becoming the legal regulation of tourism activities. It includes a system of measures aimed at the formation, development and implementation of a special tourist product. The organization and conduct of tourism activities is carried out on the basis of a special license issued to legal entities or individual entrepreneurs. Intensive development and transformation of tourism activity leads to a number of problems related to the provision of tourist services.
In this regard, there is a need to consider the issue of legal regulation of tourism activities, identify problems and develop ways and means of solving emerging problems.
Keywords: tourism, international relations, tourist service, legal regulation.
Work bibliographic list
1. “On the basics of tourism activities in the Russian Federation” Federal Law of the Russian Federation No. 132-FZ dated October 4, 1996 (as amended and supplemented as of January 10, 2003, August 22, 2004, February 5, 2007, December 30, 2008, June 28, December 27, 2009 July 30, 2010, July 1, 2011, May 3, 2012, November 24, 2016)
2. Larousse. “Big encyclopedic Larousse in 10 volumes” (1960-64, additional volume – in 1968) [Electronic resource]. – Access mode: https://slovar.cc/rus/bse/500433.html.
3. Interparliamentary Conference on Tourism The Hague Declaration on Tourism of April 14, 1989 [Electronic resource]. – Access mode: https://www.lawmix.ru/abro/10787.
4. Golts T.V. Problems of regulating the protection of consumer rights in the field of tourist services in Russia / / FGOUVPO «RGUTIS». – M., 2017. – pp. 53-60
5. Kirillov V.P. Improving the problem of legal regulation of domestic tourism // Proceedings of the XIII International Scientific and Practical Conference “Tourism and Service: Training, Problems and Prospects of Development” October 28, 2011, Moscow. – P. 202.
6. Kleiman A.A. Improving the management of tourism infrastructure development in the region // Baltic Academy of Tourism and Entrepreneurship. – St. Petersburg, 2011. – pp. 44-48
7. Sirik N.V. Legal support of the tourism sector. Tutorial. – M., 2019. – 502 p.
8. Sachenok L.I. Problematic aspects of legal regulation of tourism activities: directions for their solution // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2020. – T. 6 (72). No. 4. – pp. 437-449.
9. Blog about marketing strategies in tourism. Russian tourism market trends 2022. [Electronic resource]. – Access mode: https://ru.russia-promo.com/rmaa-group/blog/travel-market-trends-2022
10. About tourism 2022: market and trends. [Electronic resource]. – Access mode: https://corp.wtcmoscow.ru/services/international-partnership/actual/o-turizme-2022-rynok-i-trendy/
ECONOMY. RIGHT. SOCIETY
PAVLOV Pavel Vladimirovich
Ph.D. in economical sciences, Ph.D. in Law, professor, professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, Taganrog
KARAGODIN Andrey Vladimirovich
competitor of the Southern Federal University
WAYS OF DIGITAL TRANSFORMATION OF THE BANKING SYSTEM IN THE CONTEXT OF GLOBAL CHALLENGES
The presence of a stable and modern banking system at all times is one of the most important conditions for ensuring the stability of the world economy and a factor in the successful economic development of the state and increasing its investment attractiveness. To meet the requirements of the global economy, the banking system must be constantly transformed. Digitalization, which has become a global challenge for the entire world economy, is currently contributing to the complete reformation of almost all structural elements of banks: from business processes and organizational structure to the need to use new software and hardware, which makes the topic of this study particularly relevant. The article discusses the main stages in the formation of the global banking system, new competition factors that have appeared among the participants of the banking system due to digitalization, and also, using the Russian banking system as an example, considers the goals that can be achieved through the collaboration of banks and a fintech company implemented on the basis of Open API.
Keywords: banking system, digital transformation, banking, global economy, Open API.
Work bibliographic list
1. Galper M. A. Transformation of the bank in a global unstable environment: dis. &helli; cand. economy Sciences. – St. Petersburg, 2020. – 171 p.
2. Karagodin A. V. Transformation of banking activity: from bank to banking // Management in economic and social systems. – 2019. – No. 2 (2). – pp. 26-31.
3. King B. Bank 4.0: The New Financial Reality. – M.: OlimpBusiness, 2020. – 476 p.
4. Kulagin V., Sucharevsky A., Jurgen M. Digital@Scale: Handbook on business digitalization. – M.: Intellectual Literature, 2020. – 293 p.
5. Levitskaya E. N., Shashkina E. O. Perspective directions of interaction between the banking business and fintech start-ups // Problems of National Strategy. – 2020. – No. 1 (58). – pp. 146-162.
6. Macmillan J. The End of Banking. Money and credit in the era of the digital revolution. – Moscow: AST Publishing House: CORPUS, 2019. – 256 c.
7. Urazova S. A. Emergence and development of banking systems (historical aspect) // Financial research. – 2004. – No. 9. – P. 3-8.
ECONOMY. RIGHT. SOCIETY
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Accounting and audit sub-faculty of the Ufa State Petroleum Technical University
STOTSKAYA Adelina Olegovna
bachelor of the Ufa State Petroleum Technical University
ANALYTICAL TOOLS FOR MANAGING A PORTFOLIO OF FINANCIAL INVESTMENTS
The article presents an algorithm for the formation of the financial investments portfolio which considers the current conditions of high instability in financial markets. It is based on a combination of the index method and fundamental analysis. As a result, it reduces the investment risk of the enterprise while maintaining the profitability of financial investments at the required level.
Keywords: financial investments, investment portfolio, return on investment, diversification, stock indices, fundamental analysis.
Work bibliographic list
1. Aliyev A. T., Somik K. V. Investment portfolio management: a tutorial. — Moscow: Dashkov i K, 2021. — 40 p.
2. Tolkachenko G. L. Corporate finance: a tutorial. — Tver: TVGU, 2020. — 103 p.
3. Prokhorov VV Otsenka i upravlenie stoimosti tsentricheskikh bucurii predpriyatiya: uchebnoe posobie [Evaluation and management of the value of enterprise securities: a tutorial]. — Krasnoyarsk: SibGU im. ak. M. F. Reshetneva, 2020. — 100 p.
ECONOMY. RIGHT. SOCIETY
SAKOVA Mariya Sergeevna
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture and Construction of the Ufa State Petroleum Technical University
GARIFULLIN Bulat Askhatovich
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture and Construction of the Ufa State Petroleum Technical University
BOLGOVA Valeriya Sergeevna
student of the specialty group “Industrial and civil construction” of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technical University
KUZNETSOVA Elena Viktorovna
Ph.D. in technical sciences, associate professor of “Ufa Higher School of Economics and Management” sub-faculty of the Ufa State Petroleum Technical University
STUDY OF DYNAMICS AND FACTORS OF PRICE GROWTH FOR NEW BUILDINGS OF THE RUSSIAN FEDERATION
Тhe article discusses the problems of rising prices for new buildings in the Russian Federation by federal districts. The analysis of the cost per square meter of living space for the period 2019-2021 is carried out. At the same time, the shortage of materials for the construction and development of housing is revealed. The partial reorientation of construction in low-rise housing construction from wooden and frame housing construction to block construction was evaluated.
Keywords: new buildings, house, metal products, lumber, district of the Russian Federation, square meter, mortgage, prime cost, Far Eastern hectare.
Work bibliographic list
1. Vasiliev N.I. Investing in real estate – “popular” type of profit in the modern economy after the pandemic // Matrix of scientific knowledge. – 2021. – No. 1-1. – pp. 75-77.
2. Gustova N. Price rally: the cost of wooden houses and lumber has reached a peak // RBC. – [Electronic resource]. – Access mode: https://realty.rbc.ru/news/60ccc1c29a7947f7ab3bccc4 (date of access: 04/15/2022).
3. Davletshina A. F., Kuznetsova E. V. Mortgage lending in Russia and abroad as a tool for activating the economic development of the state // Actual problems of the humanities. Proceedings of the International Scientific and Technical Conference. – 2018. – pp. 128-131.
4. Zamalutdinova E. R., Smirnova Yu. O. Analysis of the residential real estate market during the pandemic of 2020 // Education and science in the modern world. Innovation. – 2021. – No. 2 (33). – P.118-125.
5. Kuznetsova E. V., Turumtaev G. R. On ensuring the economic efficiency of procurement in construction // Actual problems of science and technology – 2019. – pp. 278-280.
6. Kuznetsova E. V., Gareeva Z. A., Davletshina A. F. Influence of the demographic situation on the prospects for the development of the residential real estate market // Eurasian Law Journal. – 2018. – No. 11 (126). – pp. 406-408.
7. Kropotukhina N. A., Khirevich S. A. Analysis of factors affecting the cost of residential real estate // Investments, urban planning, real estate as drivers of the socio-economic development of the territory and improving the quality of life of the population. Materials of the XI International Scientific and Practical Conference. In 2 parts. Edited by T. Yu. Ovsyannikova, I. R. Salagor. – Tomsk, 2021. – pp. 134-140.
8. Lunkova V. Key events of the real estate market in 2020 // RBC. – [Electronic resource]. – Access mode: https://realty.rbc.ru/news/5fe102f99a7947b448dc2cb2 (date of access: 04/20/2022).
9. Palchikova O. A., Bolgova V. S., Kuznetsova E. V. Application of BIM-technologies in construction / Topical issues of economics and management in the oil and gas business. materials of the VI All-Russian scientific-practical conference. – 2021. – pp. 95-98.
10. Shlapakova N. A., Glazkova S. Yu., Khrustalev B. B. Organization, planning and management in construction: guidelines for the implementation of independent work // under the general. ed. Dr. tech. sciences, prof. Yu. P. Skachkova. – Penza: PGUAS, 2014. – 64 p.
11. Rosstat. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/ (date of access: 20.04.2022).
ECONOMY. RIGHT. SOCIETY
ZAYNIGABDINOVA Galima Flurovna
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture Civil Engineering of the Ufa State Petroleum Technical University
YURASOVA Viktoriya Dmitrievna
student of the group of specialty “Heat and gas supply and ventilation” of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technical University
BOLGOVA Valeria Sergeevna
student of the specialty group “Industrial and civil construction” of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technical University
KUZNETSOVA Elena Viktorovna
Ph.D. in technical sciences, associate professor of “Ufa Higher School of Economics and Management” sub-faculty of the Ufa State Petroleum Technical University
FEASIBILIY STUDY OF VENTILATION EQUIPMENT FOR LOW-RISE RESIDENTIAL BUILDINGS
Several models of supply and exhaust systems with heat recovery have been compared. During the comparison, a conclusion was made about the best of the proposed equipment by calculating such indicators as cost, service life, operating costs and components for installations, wear.
Keywords: supply and exhaust system, wear, cost, indicators, rational choice.
Work bibliographic list
1. Catalogue: “Compact air handling units with heat recovery RWC”. [Electronic resource]. – Access mode: file:///D:/downloads2/Compact%20air handling units%20%20with%20recovery%20heat%20RWC%20(1).pdf (Accessed 12.03.2022)
2. Catalog: “Compact air handling units of the SOFFIO PRIMO series”. [Electronic resource]. – Access mode: https://royal.ru/catalog/ventilacia/soffio-primo/ (accessed 12.03.2022)
3. Catalog: “Compact air handling units of the STAR series”. [Electronic resource]. – Access mode: https://homecomfort.ru/catalog/ventilyatsionnoe_oborudovanie/pritochno_vytyazhnye_ustanovki/seriya_star/ustanovka_pritochno_vytyazhnaya_electrolux_epvs_350 (accessed 12.03.2022)
4. Kuznetsova E.V., Galiullina A.Ya. Economic efficiency of energy-saving devices // Eurasian legal journal. – 2019. – No. 5 (132). – pp. 366-368.
5. Zentsov V.N., Astashina M.V., Kuznetsova E.V., Khairullin V.A. Decision on energy saving when changing the design solutions of water supply and sanitation facilities // Science Journal Internet Journal. – 2016. – T. 8. – No. 3 (34). – P. 28.
6. Aminov D.V., Kuznetsova E.V. Economic efficiency of energy saving // Bulletin of the Eurasian Science. – 2019. – T. 11. – No. 2. – P. 2.
7. Kuznetsova E.V., Turumtaev G.R., Khristolyubova D.V. The system of automated regulation of the microclimate parameters of a residential building in the city of Ufa // In the collection: actual problems of technical, natural and humanitarian sciences. Proceedings of the International Scientific and Technical Conference. – 2018. – pp. 224-226.
8. Mullagazieva K.M., Kuznetsova E.V. Economic feasibility of choosing an energy-efficient “Smart Home” system // Bulletin of the Eurasian Science. 2019. – T. 11. – No. 5. – P.65.
9. Yakhanov V.A., Kuznetsova E.V. The principle of operation and energy efficiency of air heating // In the collection: problems of the construction complex in Russia. Proceedings of the XXIII International Scientific and Technical Conference dedicated to the 50th anniversary of the Institute of Architecture and Construction of the Federal State Budgetary Educational Institution of Higher Education “UGNTU”. – 2019. – P.306-308.
10. Gorguts A.A., Kuznetsova E.V. Assessment of the technical and economic consequences of the influence of the microclimate of the premises on the efficiency and quality of work of industrial and production personnel // Eurasian legal journal. – 2019. – No. 12 (139). – pp. 394-398.
ECONOMY. RIGHT. SOCIETY
KIZKO Ilya Petrovich
magister student of the National Research University “Higher School of Economics”
DELISTING FACTORS FOR PUBLIC COMPANIES: RUSSIAN SPECIFIC
This paper discusses the most researched factors that affect the likelihood of public companies delisting. It is shown that the main method of analysis of delisting determinants used in the literature has a high heterogeneity of results. A sample of 170 Russian public companies was compiled, on the basis of which an econometric study of delisting determinants was carried out. As a result of testing, the influence of the operating effeciency factor was rejected and the positive influence of the equity efficiency factor on the probability of the event was confirmed. Also the positive impact of the volume of investment is noted out, which is not a characteristic of other markets.
Keywords: delisting, financing policy.
Work bibliographic list
1. Martinez I. and Serve S. (2013) Reasons for delisting and consequences: A literature review and research agenda // Journal of Economic Surveys, Wiley Blackwell. – Vol. 31(3). – R. 733-770.
2. Macey J., M. O’Hara and Pompilio D. (2008) Down and out in the stock market: the law and economics of the delisting process // Journal of Law and Economics. – Vol. 51(4). – R. 683-713.
3. Kashefi Pour E. and Lasfer M. (2013) Why do companies delist voluntarily from the stock market // Journal of Banking and Finance. – No. 37. – R. 4850-4860.
4. Weir C. and Wright M. (2006) Governance and takeovers: are public-to-private transactions different from traditional acquisitions of listed corporations? // Accounting and Business Research. – No. 36(4). – R. 289-307.
5. Bortolon P. and da Silva A. (2017) Delisting Brazilian Public Companies: Empirical Evidence about Corporate Governance Issues // BBR Special Issues. – 2015. – R. 92 – 117.
6. Vulcheva M. I. (2011) International accounting standardization across countries with unequal enforcement – Questionable benefits at a high price? PhD dissertation, Faculty of the James T. Laney School Emory University.
7. Thomsen S. and F. Vinten (2014) Delistings and the costs of governance: a study of European stock exchanges 1996 – 2004 // Journal of Management and Governance. – No. 18. R. 793-833.
8. Kizko I.P. Delisting of companies at different stages of the life cycle cycle (2022). – [Electronic resource]. – Access mode: hse.ru.
ECONOMY. RIGHT. SOCIETY
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Accounting and audit sub-faculty of the Ufa State Petroleum Technical University
KHAMATOV Ainur Razifovich
bachelor of the Ufa State Petroleum Technical University
CONSTRUCTION OF A FINANCIAL AND ECONOMIC MODEL OF THE EFFICIENCY OF A HYDROTREATING PLANT
The article presents the results of modeling the marginal profit and other financial and economic indicators of a diesel fuel hydrotreatment unit in two versions: for an autonomous refinery, and for a refinery that is part of a VIOC. To do this, the costs of the technological stage were calculated taking into account all factors, and a mechanism for estimating the profitable part of the installation was also proposed. The developed efficiency model makes it possible to quickly assess the consequences of the influence of changes in internal and external factors on the financial result of a diesel fuel hydrotreatment unit.
Keywords: efficiency, operating activity, profit margin, sensitivity analysis.
Work bibliographic list
1. Faramazov S. A. Equipment for oil refineries and its operation. – M.: “Chemistry”, 1978. – 320 p.
2. The dollar to the ruble. [Electronic resource]. – Access mode: https://cbr.ru/currency_base/daily/
3. The price of diesel fuel on the St. Petersburg Stock Exchange. [Electronic resource]. – Access mode: https://spimex.com/
4. World price for diesel fuel. [Electronic resource]. – Access mode: https://www.finanz.ru/birzhevyye-tovary/diesel-benzinpreis.
ECONOMY. RIGHT. SOCIETY
JI Hao
postgraduate student of the St. Petersburg State University of Aerospace Instrumentation
ON SOME RELEVANT PROBLEMS OF THE MODERN THEORY OF CURRENCY COMPETITION
The article provides an analytical review of the current state of the international monetary system, which is going through different stages of its development and is changing along with the global economy. The author’s focus is on the theoretical problems and shortcomings of modern currency theory, of which the five most relevant for the state of the modern world economy are distinguished, and their meticulous analysis is carried out. In particular, a currency pyramid with seven levels is discussed in detail, depicting the hierarchical structure of the foreign exchange market. The author concludes that the state of the national currency within the country, as well as its position in the international monetary system, is influenced by many often contradictory factors, including the needs of the theory of pricing and settlement, the scale of the country’s foreign trade, the movement of regionalization of money towards globalization, etc., which in total forms modern conditions for the development of currency competition.
Keywords: currency competition, globalization, the international monetary system, modern monetary theory.
Work bibliographic list
1. Balyuk I. A., Balyuk M. A. Internationalization of currencies of developing countries: problems and prospects // Economics. Taxes. Right. – 2021. – No. 14 (5).
– P. 101-111.
2. Golovnin M. Yu. Transformation of supply and demand mechanisms for the leading world currencies in modern conditions // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2019. – No. 6. – P. 77-91.
3. Krylova L. V. Transformations of the global monetary and financial system in the direction of polycentrism and regionalization // Economics. Taxes. Law.
– 2021. – No. 14 (5). – P. 39-50.
4. Chuvakhina L. G. Currency competition in the context of the global crisis // Bulletin of the Tula State University. Economic and legal sciences. – 2012. – Issue. 2-1. – P. 3-12.
5. Shalamov G. A., Chang D. K. Chinese yuan – world reserve currency: myth or reality // Bulletin of ISTU. Socio-economic and social sciences. – 2015. – No. 4 (99). – S. 354-358.
PHILOSOPHY. RIGHT. SOCIETY
BURKIN Dmitriy Olegovych
Ph.D. in Law, associate professor of Environmental, land and labor law sub-faculty of the North Caucasus Federal University
DIVERSIFICATION OF THE PROBLEM OF NORMATIVE LEGITIMATION OF POWER IN THE CONTEXT OF INFORMATIZATION AND DIGITALIZATION
The article discusses the role of religion, law and morality in the process of legitimation of political power. In modern society, both the configuration of power itself and the configuration of the system of normative legitimation have changed. Power uses not only force, but also, largely, moral and legal authority. In the Modern era, a situation was created of strengthening legal norms in the activities of social institutions and individual subjects, but the modern growth of fundamentalist sentiments, extremism and terrorism around the world has called into question the possibility of developing civil society and the unconditional dominance of legal norms. In modern society in various countries of the world, including Western countries, religious norms have again come to the forefront of modern social relations. Legal, moral, religious norms are subject to more and more diversification under the influence of internal and external factors associated with social changes taking place in the modern post-industrial digital society. It is argued that in modern society the most significant is the legal legitimation of power, although the moral and religious legitimization of power also has not disappeared from the forefront of socio-historical development even in the context of digitalization and the formation of the sixth technological order.
Keywords: social philosophy, law, religion, morality, legitimation of power, Modern societies, post-industrial society.
Work bibliographic list
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: socio-philosophical aspect // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
3. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 214-217.
4. Burkin D. O. Axiological measurement of the phenomenon of legitimation of power // Humanitarian and socio-economic sciences. – 2019. – No. 5. – P. 26-30.
5. Burkin D. O. Philosophical analysis of the formation of normative mechanisms for the legitimation of political power: social reconstructions of interaction // Eurasian Law Journal. – 2021. – No. 5. – P. 493-495.
6. Burkin D. O. Theoretical and practical significance of the problem of legitimation of power in society // Eurasian Law Journal. – 2020. – No. 4. – P. 467-469.
7. Zizek S. About violence. – M.: Publishing house “Europe”, 2010. – 184 p.
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 philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
CASE «TAIRA» AS A COGNITIVE AND COMMUNICATIVE PROBLEM
No war can one come fully prepared. Combat operations reveal weaknesses not only in the army, but also in civil society, in media communication. At the end of June 2022, one of the first cognitive collisions of the Russian public consciousness was the case of Ukrainian volunteer Yu. G. Paevskaya (call sign “Taira”), which, then, with some variations, was reproduced in the case «Exchange of Azov» and the case «Snake (Zmiinyi) Island». In general, they can be combined into the problem of communication of the coherence of the denazification and demilitarization strategy to operational tasks.
Keywords: Taira, Yulia Paevskaya, manipulation, cognitive dissonance, guards, media policy, SVO, special military operation, Eurasian sustainability.
Work bibliographic list
1. Bakulin A. V., Bakulin D. V. “The social composition of the national battalion” Azov ” (banned in the Russian Federation) as a reflection of the work of social elevators for Ukrainian youth” // Materials of the International Youth Scientific Forum “LOMONOSOV-2021” / Rev. ed. I. A. Aleshkovsky, A. V. Andriyanov, E. A. Antipov, E. I. Zimakova. – M.: MAKS Press, 2021.
2. Ryzhov PS Differentiation between the concepts of fascism and Nazism in the Patriotic legal system // Gaps in Russian legislation. Legal Journal. – 2018. – No. 3. – S. 383-388.
3. Khutin A.F., Bryantseva M.V. Nazism, Fascism, Nationalism: An Analytical Approach to Conceptual Historical Categories in the Study of the Humanities at the University // Problems of Modern Education. – 2020. – No. 2. – P. 66-76.
4. Yurlov A. A. Fascism, Nazism and Nationalism: Problems of Interpretation of Concepts in Modern Society // Proceedings of the Conference. – Ekaterinburg: RSGPU, 2016. – P. 131-137.
PHILOSOPHY. RIGHT. SOCIETY
ZOLOTAREV Sergey Petrovich
Ph.D. in philosophical sciences, associate professor, professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
SHMATKO Olga Nikolaevna
Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
LEGAL VALUE: ITS PLACE AND ROLE IN MODERN SOCIETY
The problem of the implementation of the category “legal value” is considered on the basis of a methodological approach taking into account its objectivity and subjectivity. Several theoretical points of view on this problem are presented by both Western European and Russian philosophers. The analysis is based on the theory of postclassicism as the integrity of the social reality of human existence and society. The author’s understanding of the value structure based on personal, group and social views on the system of norms and rules of human behavior established by the state is presented. It is concluded that modern conditions have a negative effect on the existing levels of legal reality – the adoption of laws, the exercise of human and civil rights and freedoms, the fulfillment by a person of his constitutional duties.
Keywords: value, law, traditions, laws, personality, principles, mentality, society, spirituality, system.
Work bibliographic list
1. Babenko A. N. Legal values and development of their personality: Abstract of the thesis. dis. for the competition scientist step. Doctor of Law: Spec. 12.00.01 / Acad. ex. Ministry of Internal Affairs of Russia. – M., 2002. – 46 p.
2. Vengerov A. B. Theory of State and Law: A Textbook for Law Schools. – M.: Omega-L, 2004. – 608 p.
3. Vershok I. L. Values in law: emotional and psychological aspect // Actual problems of the philosophy of law: legal axiology: mater. Intern. “round table” (m. Odesa, 9th chest, 2011). – Odessa: Phoenix, 2012. – pp. 45-48.
4. Gavrilova Yu. A. Legal values and the meaning of law // Russian Journal of Legal Research. – 2015. – No. 3 (4). – P. 36.
5. Glukhareva L. I. Anthropological insufficiency in the legitimation of individual law // Communicative theory of law and modern problems of jurisprudence: On the 60th anniversary of Andrei Vasilyevich Polyakov. Collective monograph: in 2 vols. Vol. 2: Actual problems of philosophy of law and legal science in connection with the communicative theory of law / ed. M. V. Antonova, I. L. Chestnova; foreword D. I. Lukovskaya, E. V. Timoshina. – St. Petersburg: LLC Publishing House «Alef-Press», 2014. – pp. 262-280.
6. Gorobets KV Axiosphere of Law: Philosophical and Legal Discourse. – Odessa: Phoenix, 2013. – 218 p.
7. Zamahina T. Trust the Levada Center. More and more Russians support the church. // Russian newspaper. Federal issue No. 6906. – 02/24/2016.
8. Kistyakovsky B. A. In defense of the law // Bulletin of the Moscow University. – Ser. 7. Philosophy. – 1990. – No. 3. – P. 53.
9. Migidina M. V. To the question of the properties of legal values // Porivnyalno-analytical law. – 2014. – No. 3. – pp. 29-31.
10. Mishutina E. I. Current legislation and understanding of values in the history of philosophy: connection through the centuries // History of State and Law. – 2010. – No. 20. – pp. 37-40.
11. Oborotov Yu. N. Levels of comprehension of legal values // Actual problems of the philosophy of law: legal axiology: mater. Intern. “round table” (m. Odesa, 9th chest, 2011). – Odessa: Phoenix, 2012. – pp. 39-43.
12. Published in sections: News, Speeches and transcripts. Publication date: July 8, 2021, 17:50. – [Electronic resource]. – Access mode: kremlin.ru/d/66163. Text version.
13. Polyakov A. V. St. Petersburg School of Philosophy of Law and the Tasks of Modern Jurisprudence // Jurisprudence. – 2002. – No. 2. – P. 10.
14. Skorobogatov A. V., Krasnov A. V. The role of legal awareness in the development of legal reality // Baltic Humanitarian Journal. – 2015. – No. 2 (11). – pp. 18-21.
15. Skorobogatov A. V., Krasnov A. V. Russian legal archetype: essence and content // Russian Journal of Legal Research. – 2015. – No. 4. – pp. 28-33.
16. Tishchenko Yu. V. The role of myth in the formation of the axiosphere of law // Actual problems of the philosophy of law: legal axiology: mater. Intern. “round table” (m. Odesa, 9th chest, 2011). – Odessa: Phoenix, 2012. – pp. 85-90.
17. Skorobogatov A. V., Krasnov A. V., Bulnina I. S., Tyabina D. V. Legal Reality as a Jural Category // Mediterranean Journal of Social Sciences. Rome-Italy: MCSER Publishing, 2015. – Vol. 6. No. 3. – P. 664-668.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Aleksandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
ZUBKOV Egor Sergeevich
student of the bachelor’s degree in music education of the Institute of Arts and Art Education of the A. G. and N. G. Stoletov Vladimir State University
ECOPHILIC PHILOSOPHY AND SACREDNESS OF MUSIC
The article reveals the ecophilic philosophy in connection with the nature of music. The problem of sacredness of music is postulated, first of all, in theological and mystical teachings. From the standpoint of ecophilic philosophy, it is important to evaluate and comprehend the influence of music on human consciousness in connection with natural unity, a pantheistic view, and understanding of harmony with nature.
Keywords: ecophilic philosophy, music, sacredness.
Work bibliographic list
1. Apanasenko G.L., Savelyeva-Kulik N.A. Music therapy: history, modernity and development prospects. National Medical Academy of Postgraduate Education named after P. L. Shupik 2012. No. 4 (90). VII/VIII. Kyiv: Scientific discussions. pp. 170-173.
2. Acintya Krishna das, Bala Kesava das. Gaudiya Vaishnava Music: Theory and Practice. M.: Publishing House 108, 2011. 294 p.
3. Boreyko V.E. Philosophers of animal protection and environmental protection. K.: Logos, 2012. 180 p.
4. Evsyukova Yu.A. Ecology of music as an actual problem of modern musicology. South Russian musical almanac. 2012. No. 1. P. 26-31.
5. Christiansen R. Ecotheology. Arkhangelsk: Pomor State Publishing House. University named after M.V. Lomonosov, 2002. 297 p.
6. Lebedev N. S. Tao and modernity // Proceedings of the Ural Federal University. Ser. 1, Problems of education, science and culture. 2017. V. 23. No. 3 (165). pp. 197-203.
7. Mitina, N. A. On the problem of the ecology of music // Young scientist. 2014. No. 16 (75). pp. 362-364.
8. Ruzova T. Dear music to heaven. M.: Philosophical Book, 2013. 144 p.
9. Timoshchuk A.S., Zubkov S.A., Cognitive types of culture // Materials of the VII educational and methodological meetings of the VJI faculty. Vladimir: VYuI of the Ministry of Justice of the Russian Federation, 2000. S. 48-50.
10. Tymoshchuk A.S., Zubkov S.A. Religion and anthropogenic impact on natural ecosystems // Actual problems of biology and ecology. Grozny: ChGU, 2019. P. 124-129.
PHILOSOPHY. RIGHT. SOCIETY
KOZLOV Vladimir Igorevich
Ph.D. in philosophical sciences, associate professor of Management and marketing sub-faculty of the Volgograd branch of the G. V. Plekhanov Russian University of Economics
POSSIBLE CHALLENGES AND THREATS TO THE IMPLEMENTATION OF THE CONCEPT OF THE DIGITAL FUTURE OF “SOCIETY 5.0”
The purpose of the article is to study the concepts of “Industry 4.0” and “Society 5.0” in terms of their possible advantages and threats to humanity. The paper shows that the concepts of the future digital society “Industry 4.0” and “Society 5.0” are the product of two opposite in their value and worldview directions, the dominant socio-cultural paradigms in the modern world – Western and Eastern, respectively. It was found out that the concept of “Society 5.0” is quite consistent with the mentality, the system of values of the bearers of the culture of the East. It is noted that the greatest threats to humanity are the implementation of the concept of “Society 5.0”, which defines the cultivation of consumer hedonism as its main tools.
Keywords: “Industry 4.0”, “Society 5.0”, sociocultural paradigm, digitalization, smart society, transhumanism.
Work bibliographic list
1. Standing G. Precariat: a new dangerous class / Per. from English. N. Usovoi. – M.: Ad Marginem Press, 2014. – 326 p.
2. Carroll A., Shabana K. The business case for corporate social responsibility: a review of concepts, research and practice // International Journal of Management Reviews. – 2010. – Vol. 12(1). – pp. 85-105.
3. Deguchi A., Hirai C., Matsuoka H., Nakano T., Oshima K., Tai M., Tani S. What Is Society 5.0? // Society 5.0, A People-centric Super-smart Society. – 2020. – Rp. 1-23. DOI: 10.1007/978-981-15-2989-4_1.
4. Gelfand M. J., Aycan Z., Erez M., Leung K. Cross-cultural industrial organizational psychology and organizational behavior: a hundred-year journey // Journal of Applied Psychology. – 2017. – Vol. 102(3). – Rp. 514-529.
5. Lee J., Bagheri B., Kao H.A. A cyber-physical systems architecture for industry 4.0-based manufacturing systems // Manufacturing Letters. – 2015. – Vol. 3. – Rp. 18-23.
6. Palazzeschi L., Bucci O., Di Fabio A. Re-thinking innovation in organizations in the industry 4.0 scenario: new challenges in a primary prevention perspective // Frontiers in Psychology. – 2018. – Vol. 9. – Rp. 1-30.
7. Potocan V., Mulej M., Nedelko Z. Society 5.0: balancing of Industry 4.0, economic advancement and social problems // Kybernetes. – 2021. – Vol. 50(3). – Rp. 794-811.
8. Shiroishi Y., Uchiyama K., Suzuki N. Better actions for society 5.0: using AI for evidencebased policy making that keeps humans in the loop // Computer. – 2019. – Vol. 52(11). – Rp. 73-78.
9. Shiroishi Y., Uchiyama K., Suzuki N. Society 5.0: for human security and well-being // Computer. – 2018. – Vol. 51(7). – Rp. 91-95.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth affairs sub-faculty of the Bashkir State University
KHASANOVA Amina Gizetdinovna
Ph.D. in historical sciences, associate professor of International relations, history and oriental
TO THE PROBLEM OF NATIONAL IDENTITY IN THE ASPECT OF GLOBALIZATION AND LOCALIZATION OF THE MODERN WORLD ORDER
The authors analyze certain aspects of the national factor, considered as the aspiration of peoples to preserve national identity and self-identity in the current conditions of globalization and localization.
Keywords: globalization, localization, ethnos, nation, identity, world confessions. national identity.
Work bibliographic list
1. Nations and nationalism / B. Anderson, O. Bauer. M. Hrokh et al.; translation from English and German. – M.: Praxis, 2002. – pp. 341-342.
2. Abrarova ZF In the collection: Culture as an inspirer of sustainable development. materials of a scientific conference with international participation dedicated to the Year of Culture in Russia, the 60th anniversary of cooperation between the Russian Federation and UNESCO, the 15th anniversary of cooperation between the Republic of Bashkortostan and UNESCO. Managing editor Z. Ya. Rakhmatullina. – 2014. – P. 53-55.
3. 28.XII. 1919. “True” No. 3 and “News of the All-Russian Central Executive Committee” No. 3, January 4, 1920
4. Nations and nationalism / B. Anderson, O. Bauer. M. Hrokh et al.; translation from English and German. – M.: Praxis, 2002. – P. 384.
PHILOSOPHY. RIGHT. SOCIETY
SHEINA Anastasiya Yurjevna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and marketing sub-faculty of the Ufa branch of the Financial University under the Government of the Russian Federation
RASSOLOVA Irina Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy, history and law sub-faculty of the Ufa branch of the Financial University under the Government of the Russian Federation
SHUMILOV Nikita Sergeevich
Development Manager of Kamchatka-Glamping LLC
INTERPRETATION OF THEORY U IN MODERN REALITIES
This article discusses the problems of decision-making by leaders in the VUCA world. A comparative characteristic of SPOD and VUCA worlds is carried out. The factors influencing the decision-making by an individual are highlighted. Special attention is paid to the Theory of U, which allows us to expand the issues of feeling presence and absence in leadership, represented in two-cycle social fields. Conclusions are drawn about the need for a combination at different points of time by a leader in the decision-making process of three systems of thinking presented in Theory U.
Keywords: leadership, open heart, open mind, open will, theory U.
Work bibliographic list
1. Brusentsova L. S., Sheina A. Yu., Vasilevskaya V. S. Formation of a personnel reserve in the conditions of the VUCA world // Innovative development of the economy. – 2021. – No. 1 (61). – pp. 87-91. – DOI 10.51832/2223-7984_2021_1_87. – EDN LIXXHH.
2. Gurova E. Yu. General theoretical foundations for studying the concept “Leadership” // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and social sciences. – 2014. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obscheteoreticheskie-osnovy-izucheniya-kontsepta-liderstvo (date of access: 06/19/2022).
3. Fundamentals of Theory U. Main principles and application in practice / Otto Scharmer; per. from English. T. Earthman; [scient. ed. E. Pustoshkin]. – Moscow: Mann, Ivanov i Ferber, 2019. – 235 p.
4. Stogdill R. Handbook of Leadership. A Survey of Theory and Research. – N.Y., 1974.
PHILOSOPHY. RIGHT. SOCIETY
ATIK Anisa Akhmedovna
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Humanitarian and Pedagogical Academy (branch) of the V. I. Vernadskiy Crimean Federal University in Yalta
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
“COLOR REVOLUTIONS” AS A MECHANISM OF EXTREME TRANSFORMATION OF THE POLITICAL SYSTEM OF THE STATE
This article examines the phenomenon of “color revolutions” as a special kind of political action, which is understood in modern political circles and the media as a kind of non-violent political struggle. In our work, we will consider the prerequisites for this phenomenon, its essence, as well as the main technologies and consequences of the restructuring of the political system in the CIS and the Middle East. Because of color revolutions in these regions, there is an aggravation of political, social and economic problems. Our study notes that such coups d’état are organized with the participation, and not the disinterested support of the countries of the West and the United States.
Keywords: revolution, color revolutions, globalization, democracy, “controlled chaos”.
Work bibliographic list
1. Bachonov M. A. “Color revolutions”: an actual perspective // Central Russian Bulletin of Social Sciences. – 2011. – No. 2. – P. 138-144.
2. Brzezinski Zb. Choice. World domination or global leadership / Per. from English. E. A. Narochnitskaya (part I), Yu. N. Kobyakova (part II). – M.: Intern. Relations, 2007. – 288 p.
3. Verdikhanova Z. V. “Color revolutions”: theories and technologies // Regionology. 2016. No. 1 (94). pp. 33-40.
4. Kara-Murza S. G., Telegin S. A., Murashkin S. A. Export of the Revolution: Saakashvali, Yushchenko … – M.: Algorithm, 2005. – 528 p.
5. Efremova T. F. New Dictionary of the Russian Language. Explanatory educational. – M.: Rus. yaz., 2000. – In 2 volumes – 1209 p.
6. Sharp Zhd. From Dictatorship to Democracy: Strategy and Tactics of Liberation / Per. from English. N. Kozlovskaya. – M.: New publishing house, 2005. – 84 p.
7. Spengler O. Years of decisions / Per. with him. V. V. Afanasiev; General edition of A. V. Mikhailovsky. – M.: SKIMEN, 2006. – 240 p.
PHILOSOPHY. RIGHT. SOCIETY
BELYAKOV Nikolay Stanislavovich
assistant of Political science and public relations sub-faculty of the Bashkir State University
THE CRISIS OF MODERN SCIENTIFIC COGNITION: QUASI-SCIENCE AND BELIEF IN IT
The article considers the problem of the crisis of modern science caused by the growth of belief in quasi-science. The high role of the irrational and belief in the process of cognition is demonstrated. The commitment of a social subject to science as the leading form of cognition of reality at the present stage of development of society is indicated. At the same time, the absence of an explicit boundary between science and quasi-science in the consciousness of a social subject is justified. The reasons for the attractiveness of quasi-science are revealed, as well as the connection between the growing popularity of quasi-science and the lack of trust in leading social institutions, primarily the state.
Keywords: scientific cognition, science, quasi-science, belief, trust, irrational, society, social institutions.
Work bibliographic list
1. Semenets E. A. New syncretism in the culture of postmodernism. New Middle Ages? // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2013. – No. 4. – pp. 298-303.
2. Kant I. Criticism of pure reason / Per. with him. N. Lossky verified and edited by Ts. G. Arzakanyan and M. I. Itkin; Note. Ts. G. Arzakanyan. – M.: Thought, 1994. – 591 p.
3. Emelyanova E.K., Goroshko N.V., Patsala S.V. Covid nihilism in the fight against the COVID-19 pandemic // Social aspects of public health. – 2022. – T. 68. – No. 1.
4. Arutyunov V.S. Science – the most important institution of the modern state // Naukovedcheskie issledovaniya. – 2009. – pp. 21-39.
5. Deryabina E. D., Fesenkova L. V. The phenomenon of quasi-science and the scientific picture of the world // Bulletin of the Kemerovo State University of Culture and Arts. – 2012. – No. 19. – pp. 23-31.
6. Tsarev A. V., Krupenkov V. V., Minenko T. K. The problem of trust in power in Russia // Statistics and Economics. – 2014. – No. 4. – pp. 118-121.
7. Seitz R. J., Raymond F. Paloutzian R. F., Angel H. F. Processes of believing: Where do they come from? What are they good for? // F1000Res. – 2016. – No. 5.
PHILOSOPHY. RIGHT. SOCIETY
BAKHTIEVA Lyaisan Ildarovna
postgraduate student of the Ufa State Petroleum Technological University
ON THE PROBLEM OF TRANSFORMING THE VALUE SYSTEM OF A SUBJECT OF SOCIAL RELATIONS IN A RISK SOCIETY
The article deals with the problems of transformation of the value system of the subject of social relations in the risk society. It is analyzed how a high level of uncertainty becomes an integral part of the life of modern society, which affects the transformation of the traditional value system of society, displacing the spiritual, moral and social standards of public relations and introducing egocentric, hedonistic ideas and permissiveness.
Keywords: value, value system transformation, risk society, subject of social relations.
Work bibliographic list
1. Vildanov Kh.S. to the problem of substantiating axiological security // Science today: theory and practice. Collection of scientific works of the international correspondence scientific-practical conference. Ufa State University of Economics and Service. – 2015. – P. 154-157.
2. Vildanov H. S., Derkach V. V. Methodological features of social forecasting // Vestnik UGNTU. Science, education, economics. Series: Economy. 2017. – No. 1 (19). – P. 132-137.
3. Big Economic Dictionary / Edited by A. N. Azrilyan. – 5th ed. additional and revised – M.: Institute of New Economics, 2002. – 469 p.
4. Beck W. Risk society. On the way to another modernity. – M.: Progress-Tradition, 2000. – 383 p.
5. Chuprov V. I., Zubok Yu. A., Williams K. Youth in a risk society. – M.: Yur.Norma, NIC INFRA-M, 2015. – P. 136.
6. Media consumption and activity on the Internet. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/mediapotreblenie-i-aktivnost-v-internete/ (date of access: 25.04.2022).
7. Malikova I. V. Youth and the transformation of the value orientations of modern society. [Electronic resource]. – Access mode: https://nsportal.ru/shkola/materialy-metodicheskikh-obedinenii/library/2018/03/03/statya-1 (Accessed 25.04.2022).
8. Marriages and divorces. Demography. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/12781/# (date of access: 04/25/2022).
9. Geger A. E, Geger S. A. The study of value orientations: the specifics of different approaches // Vestn. Volume. state university – 2015. – No. 399. – P. 13-17.
PHILOSOPHY. RIGHT. SOCIETY
YAGUDIN Fanur Taipovich
postgraduate student of the Ufa State Petroleum Technical University
DAVLETSHINA Nailya Ilnurovich
student of the Ufa State Petroleum Technical University
TO THE PROBLEM OF CORRELATION OF COGNITIVE DISTORTIONS AND BEHAVIORAL SCENARIOS OF THE SUBJECT
The article is devoted to the study of the problem of cognitive distortions, the epistemological mechanisms and prerequisites for their occurrence are considered. On the basis of experimental data, the authors analyze the impact of cognitive distortions on the mental activity of the subject, which forms his system of values and value orientations and determines his behavioral scenarios.
Keywords: cognitive distortions, mental activity of the subject, behavioral scenarios, value orientations.
Work bibliographic list
1. Bobrova L.A. Cognitive distortions // Domestic and foreign literature. Series: Philosophy. – 2021. – pp. 69-78.
2. Vil’danov U.S., Vil’danov Kh.S., Vil’danova G.B. Axiological knowledge: rational and transintelligible aspects // Bulletin of the Orenburg State University. – 2006. – No. 4 (54). – pp. 38-42.
3. Vildanov Kh.S., Kubagusheva G.R., Yurochkin D.M. The role of mass media in the formation of values and value orientations. Kazanskaya Nauka. – 2013. – No. 11. – pp. 183-185.
4. Kahneman D., Slovik P., Tversky A. Decision making in uncertainty: Rules and prejudices // Kharkiv: Publishing house Institute of Applied Psychology «Humanitarian Center», 2005. – P. 632.
5. Kashapova E.R., Ryzhkova M.V. Cognitive distortions and their impact on individual behavior // Bulletin of the Tomsk State University. Economy. – 2015. – No. 2. – With. 15-29.
6. Benson B. Cognitive bias cheat sheet [Electronic resource] – access mode: https://www.google.com/url?sa=t&source=web&rct=j&url=https://betterhumans.pub/cognitive-bias-cheat-sheet-55a472476b18.
7. Gigerenzer, G. Bounded and Rational // Contemporary Debates in Cognitive Science / Stainton, R.J. – Blackwell, 2006. – P. 129.
8. Gilovich, T., Savitsky, K., & Medvec, V.H. The illusion of transparency: Biased assessments of others’ ability to read our emotional states // Journal of Personality and Social Psychology. – 1998. – No. 2. – pp. 332-346.
9. Langer E.J. The Illusion of Control // Journal of Personality and Social Psychology. – 1975. – No. 2. – pp. 311-328.
10. Thorndike, E.L. A constant error in psychological ratings // Journal of Applied Psychology, 1920. – No. 1. – pp. 25-29.
REVIEW
KONEV Vitaly Valerievich
Ph.D. in technical sciences, associate professor of the Tyumen Industrial University
MURZAKULOV Serik Valerjevich
postgraduate student of the Tyumen Industrial University, acting Head of the Laboratory for the Development of Human Capital and Career Guidance of the I. Altynsarin National Academy of Education
LIFELONG EDUCATION FOR THE SUSTAINABLE DEVELOPMENT OF THE MODERN WORLD
In May 2022, the VIII International Scientific and Practical Conference «Continuing Education for Sustainable Development: New Challenges» was held in Nur-Sultan. During the conference, teachers, representatives of teacher training organizations and pedagogical skills, heads of secondary education organizations, employees of technical and vocational, post-secondary education organizations, experts in the field of inclusive education, sociologists, psychologists presented the results of their research in the field of pre-university, university and postgraduate education. The participants of the plenary and panel sessions touched upon various aspects of lifelong education and shared their experience, for example, in the field of training special teachers to work with students with special educational needs, early career guidance for schoolchildren, and others.
Keywords: lifelong education, teacher training, inclusive education, education models, continuity of education, career guidance
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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