CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №7(170)2022
R. Akhundov:
The modern energy paradigm in russia and the world
Interview with Akhundov Emin Rovshanovich, chief expert of the public organization for the support of socially significant initiatives “Eurasian Center of SAMRAU”.
INTERNATIONAL LAW
Guliyev Sh. A.
Mechanisms and foundations for the protection of human rights in the law of the European Union
Konstantinov D. A., Dolgopolova T. A.
Impact of sanctions on international transport in the Russian Federation
Ostroukhov N. V., Chernykh I. A.
Customary norms in international space law
Pozhilova N. A.
International legal issues of regulation of sustainable development in the Arctic on the example of the new EU Arctic strategy
Monakhov H. D., Vaskina A. A., Kolesnikova E. S.
Gibraltar: Colonial territorial dispute and modern international law
Ruzakova V. I.
The international legal regime of the development and transfer of marine technology: peculiarities of elaboration in the historical context
INTERNATIONAL PRIVATE LAW
Bakhmetjev P. V.
Exhaustion of the exclusive right to a trademark in the context of the Eurasian economic integration
Simatova E. L.
Problems and prospects of legal integration within the framework of regional associations with the participation of the Russian Federation in terms of international commercial contracts regulation
INTERNATIONAL PUBLIC LAW
Bakhnovskiy A. V.
The use of summary proceedings in International Criminal Tribunals to save the resources of participating states: an assessment of the risks of violation of the rights of participants in the proceedings
THEORY OF STATE AND LAW
Butenko A. K.
The problem of protecting the rights and legitimate interests of the child in the Russian Federation: problems of legal regulation
Ganieva D. Z.
Legal consciousness in the post-industrial era
Dashin A. V., Shapovalov A. V., Pavlisova T. E.
Analysis of legal regulation of competition under Russian and foreign legislation
Dolzhenkova E., Mokhorova A. Yu., Mokhorov D. A., Demidov V. P., Kosarev S. Yu.
Lobbying the interests of business entities as a type of lawful behavior (on the example of the Arctic region)
Nurutdinov I. I., Dashkov T. K.
Serfdom in Russia causes of its occurrence and abolition
Ponomarenko A. A.
Improving the lawmaking of state bodies in the context of digitalization
Tretyakov I. L., Mokhorov D. A., Mokhorova A. Yu., Kosarev S. Yu.
Legal education as an element in the formation of an anti-corruption worldview
Yunusov A. A., Yunusov M. A., Ahverdyan A. G.
The activity of state authorities in the functioning of the Federal Penitentiary Service of Russia (in the context of the separation of branches of the supreme power)
Darda A. V.
The impact of artificial intelligence on judicial enforcement
HISTORY OF STATE AND LAW
Ananjev O. G., Ananjeva E. O.
The role of Peter I in solving the social problems of the country’s population: the connection of the historical past in relations between the state and religious associations in penitentiary activities
Abolmasova T. E.
The role of the “Prison Care Society” in the process of humanization and reformation of the prison system in Russia in the XIX century
Doronin Yu. P.
The Don military aviation motorists’ school during the Civil War period (1918-1920)
Elchaninova O. Yu.
About some forms of social support for employees of the Main Prison Administration of the Russian Empire and at the beginning of the twentieth century
Rudman M. N., Turiyanov A. R.
Ideas of constitutional control in pre-revolutionary Russia and in the Constitution of the RSFSR of 1918
CONSTITUTIONAL LAW
Alieva U. T., Kakhrumanova S. A., Tailova A. G.
The right to health during a pandemic
Budzishvili Ts. Z.
Representativeness as one of the fundamental features of youth parliamentarism
Ivannikov I. A., Ostapovich I. Y.
Peculiarities of local self-government in the federal territory of «Sirius»
Kulikova Yu. A.
Constitutional and legal basis for social assistance to large families in the Russian Federation
Kurbatova G. V., Tsibulskaya G. Z.
The concept and essence of direct democracy in the system of local self-government as a political and legal phenomenon in conditions of modern legal reality
Privalova E. A., Mikheeva T. N.
On the issue of improving the legal regulation of public control
Snarova E. A.
Features of regulation of consumer relationships: from theory to practice
Khayrov A. D.
Ensuring the implementation of the principle of transparency in the activities of the supreme executive bodies of the constituent entities of the Russian Federation
Gatsolaeva A. Kh., Prokopenko R. E.
Constitutional and legal basis for the participation of the President of the Russian Federation in the legislative process
Fedotov N. E.
Peculiarities of legal regulation of artificial intelligence in Russia and in foreign countries
ADMINISTRATIVE LAW
Alferov S. N.
Grounds for administrative liability for illegal remuneration on behalf of a legal entity (Article 19.28 of the Code of Administrative Offenses of the Russian Federation)
Andryushchenko T. I., Tyapkov A. D.
About some aspects of the status of a citizen as a subject of administrative responsibility
Kovalenko E. V., Mandryka Yu. S.
Relationship of administrative law with other systems of law
Krivitskiy D. E., Gutaev A. M.
Methods and techniques for determining the degree of alcohol intoxication of the driver of the vehicle
Kulakov N. A., Gripp E. Kh., Yakhina Yu. Kh.
Monitoring of law enforcement in the Russian Federation: concept, goals, effectiveness
Murtazina A. A.
About some problems in authority of Juvenile Unit Ministry of Internal Affairs of Russia
Sysoletina O. G.
The legal basis of the activities of internal affairs bodies to assist the voluntary resettlement to Russia of compatriots living abroad
Panin Yu. I., Zakopyrin V. N.
The industry-wide concept of official: problem statement and solutions
Popov S. V.
Administrative and legal guarantees of the realization of the rights and freedoms of citizens
Chebotareva G. V.
Some aspects of the activities of the authorities to limit the constitutional right of citizens to «freedom of movement» in emergency situations
Samiulina Ya. V., Kolesnikova K. V.
Features of prosecution for non-medical use of narcotic drugs and psychotropic substances under the administrative legislation of Russia
Fedina L. M.
Some legal aspects of the application of administrative legislation in the Russian Federation
Golovachev V. I.
Measures of administrative coercion applied to citizens
Kalinichenko D. V.
Prospects for improving the legal framework for the recruitment of the Armed Forces of the Russian Federation
MUNICIPAL LAW
Arkhireeva A. S.
Features of legal regulation of financial control of local governments in Russia and foreign countries (municipal-legal aspect)
Arzumanova S. M.
Initiative projects as a new format of interaction of local self-government bodies with the population
Andryukhina I. Yu., Pekhova L. S., Leiba A. M.
On the issue of career formation in the system of state civil and municipal service
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Prospects for the use of personnel leasing in modern Russia
Gurkina D. A.
Inheritance fund in connection with the latest changes in the legislation of 2022
Ivliev P. V., Frolovskaya Yu. I.
Legal regulation of social protection of employees of the penitentiary system
Kirilova N. A., Dorozhinskaya E. A.
The principle of freedom of contract and its implementation in the formation of therms of the liability agreement
Kurbatova G. V., Ananjeva E. O.
Electric vehicles and electric refueling stations: infrastructure problems and improvement of legal regulation
Ogorodnik V. F.
On the issue of improving the institute of personal data in the legislation of the Russian Federation
Nazarova N. A., Sukhanova A. O.
Innovations in civil legislation: Amendments to Part One of the Civil Code of the Russian Federation
Permyakov M. V., Baleevskikh F. V., Gaskarov I. F.
Features of the administrative and legal status of public joint-stock companies with state participation
Petrov N. V.
Essential terms of the harvest insurance contract: problems of civil legal regulation
Fedina L. M.
Implementation of state (municipal) procurement in the context of the current financial crisis
Blinov I. S.
The legal nature and qualification of overlapping intellectual property rights in cross-border legal relations
Petrova M. S.
Legal regulation of dependent invention in the pharmaceutical industry
Pugacheva A. S.
Smart contract positivity for civil law protection of digital rights of investors
Khesina K. B.
Wills equalized to notarized wills: current problems
Yajun Cao
A study on Chinese trust law: a thought on the dual imputation principle for breach of trust by trustees
CIVIL PROCESS
Butakova N. A., Evgrafova I. V., Tarasov A. S., Chepel A. I.
Prerequisites for the emergence of pre-trial dispute resolution (ADR)
ENTREPRENEURIAL LAW
Dashin A. V., Yakubenkova K. A.
Legal regulation of public relations in the field of electric power industry: history and modernity
FINANCIAL LAW
Bolvachev A. I., Koshelev K. A.
The issue of the digital ruble: on the question of aggregates of the money supply
Ignatjeva I. V., Vlasova E. L., Zedgenizova I. I.
On the development of financial and legal relations in modern conditions of Russia
Gasanov O. B.
Compensation for damages as a result of withdrawal of land for public purpose in zones with special conditions for the use of territories
BUDGET LAW
Gasanaliev A. S., Zemskova S. V.
Budget law and budget process in the Russian Federation
ECOLOGICAL LAW
Nikolaenko N. S., Derendyaeva S. D.
Personality features of criminal’s poachers who have committed illegal extraction of aquatic biological resources in the subject of the Far Eastern Federal District of the Kamchatka Territory
Ryzhenkov A. Ya., Romadikova V. M.
About the new functions of environmental management bodies during the transition of Russia to the standards of the “green” economy
CRIMINAL LAW
Bairov A. S.
The impact of international cooperation on the situation in the field of drug trafficking in Mongolia
Zagaynov V. V., Averinskaya S. A., Radchenko O. V., Chibunin V. M.
Features of the qualification of the sale of narcotic drugs, psychotropic substances or their analogues committed using mass media or electronic or information and telecommunication networks (including the Internet)
Kumysheva M. K., Abazova E. Kh.
Crimes causing public outcry
Latypova D. M., Koroleva X. A.
Driving to suicide on the Internet: qualification issues
Mirzakhanyan G. V.
Destruction of socio-cultural ties in a group as a way to permit genocide
Starzhinskaya Е. А.
Criminal Liability for Bribery under the Law of the Russian Federation and the Federative Republic of Germany
Stupina S. A.
The importance of rethinking and improving the criminal legal means of protecting traditional sexual relations
Suleymanov T. A., Nazarkin E. V., Novikova L. V., Zharko N. V.
Correlation of the criminal-legal concepts of “bribery” and “corruption”
Frolovskaya Yu. I., Bondarenko I. V.
Противоправность поведения как основное условие для привлечения к ответственности в семейном праве
Shaganova O. М., Shtab O. N.
Corruption crimes under the legislation of the Republic of Armenia and punishment for them
Stupina S. A.
Some issues of qualification of socially dangerous acts committed with the use of torture
Holamkhanova Z. R.
Levels of formation and implementation of the methodology of criminal law
Kumysheva M. K., Abazova E. Kh.
On the issue of tougher penalties for crimes against public safety and public order, State power, peace and security of mankind
Peyzak R. I.
Criminal analysis of fraud related to obtaining public funds (article 640-bis of the Italian Penal Code)
Petaychuk A. A.
On the issue of providing assistance to public associations in the work of institutions executing a sentence of imprisonment
Romanova N. V.
Practical aspects of early prevention of juvenile delinquency in the Czech Republic
Holamkhanova Z. R.
Methodology of the science of criminal law and methodology of criminal law as a branch
Khamitov A. R.
Analysis of the authors’ scientific opinion on the problems of qualifying crimes against sexual freedom of the person
Kibukevich M. A.
Operational-search activity in relation to foreign citizens
Strakhov I. A.
Formation and transformation of the institution of criminal responsibility for violation of citizens’ electoral rights in Russia
Tran T. T.
Improving the legal framework for corruption crimes in the private sector in Vietnam
CRIMINAL PROCESS
Koryakina Z. I.
On some issues of legal regulation of the status of public assistant in law enforcement agencies
Prokhorova T. L.
The history of the development of legal regulation of state protection of persons assisting justice in criminal proceedings
Shirokov I. V.
Realization of principles of the criminal procedure in special order of the judicial proceedings (on the example of crime victims, participating in consideration of criminal cases by courts in accordance with chapter 40 of the Criminal Procedure Code of the Russian Federation)
Tanechnik Yu. S.
Historical aspects of search activities
Zhuk M. Ya.
The notion and the specifics of proof of criminal cases committed via digital technologies
Voronina N. A.
«Access to justice» and «judicial protection»: relation of concepts
CRIMINAL-EXECUTIVE LAW
Gorkina S. A.
Educational impact on convicts: problems and prospects
Zorina N. S.
Educational work as a basis for the formation of moral stability of juvenile convicts in the process of educational activity
Mamontova A. A.
Criminological forecasting of individual criminal behavior of persons serving sentences in institutions of the penitentiary system of the Russian Federation: concept, goals and objectives
Peyzak A. V.
Experience in the introduction of the probation by the States of Central Asia
Mikhaylov V. S.
The specifics of the operational support of extremists – adherents of radical religious ideology in a pre-trial detention center
Musaleva A. V.
The role of educational work with convicts, tuberculosis patients serving sentences in medical and correctional institutions
Nikolaenko N. S., Derendyaeva S. D.
Subculture of convicts: concept, content and meaning in society
Yunusov A. A., Ahverdyan H. G., Buluev R. B.
Performance of duties is a key factor in the correction of convicts
JUDICIARY
Artemjeva E. V.
Electronic correspondence as evidence in civil proceedings
CRIMINALISTICS
Ardashev R. G., Arkhipova A. N., Turkova V. N.
Features of checking versions related to the use of road transport by serial murderers
Goncharenкo E. V., Kalyuzhny I. P., Taysaeva S. B., Fokin A. V., Polyakova E. V.
Biopsychosocial model of a sex offender’s personality
Gauzhaeva V. A.
General provisions for inspection of the explosion site
Kravets E. G., Bezverkhova S. V.
Basic solutions in the procedural check for malware theft investigation
Kushkhov R. K., Surtsev A. V.
Expertise in the investigation of crimes related to the illegal extraction and trafficking of animals and aquatic biological resources
Nazarkin E. V., Suleymanov T. A., Novikova L. V., Zharko N. V.
Features of the preparation and conduct of an examination during the investigation of the disorganization of the activities of institutions providing isolation from society
Nagoeva M. A., Gigiev T. A.
From the practice of investigating hooliganism
Shamurzaev T. T., Ardashev R. G.
Some aspects of medical and forensic examinations in exposing murderers
Kharisov A. S.
Investigation of misappropriation or embezzlement of property in retail chain organizations
Isaev A. I.
Method for smuggling of alcoholic products and (or) tobacco products
Nagoeva M. A., Gigiev T. A.
Prevention of crimes during the preliminary investigation for minors
Shamurzaev T. T., Ardashev R. G.
Identification of unidentified serial murderers by handwriting and authorship of the text
CRIMINOLOGY
Payzulaeva B. A., Kakhrumanova S. A., Tailova A. G.
Rights of victims of crimes in foreign countries (USA, UK)
Abdullin A. R.
The theory of the born criminal at the present stage of the development of criminology
Buberbaev N. D.
Criminological feature of the city of Nur-Sultan as a medium for producing criminal behavior: historical, geographical and social aspects of the development of the capital
Payzulaeva B. A., Abdurakhmanova M. S., Tailova A. G.
Legal and socio-political aspects of the problem of human trafficking in the world
Tsebekova G. V., Basanov V. V., Kvitsiniya D. A.
Corruption and other problems in the field of adoption
LAW ENFORCEMENT AGENCIES
Lukyanov A. B., Arutyunyan V. N., Mirzoev A. R.
Organization of interaction of the district police commissioner with the residents of the administrative area
Malyshev S. Ya., Kiselyov N. N.
Assistance of persons to law enforcement agencies in the fight against criminal manifestations: questions of theory and practice
Popova N. V., Zhelonkin V. V., Zavgorodniy A. G.
Education of independent physical training of cadets in the process of training sessions
Salnikov A. S., Salnikovа A. A.
On the date of formation of the Legal Service of the Ministry of Internal Affairs of Russia
Yakovets E. N., Zhuravlenko N. I.
History of the implementation of artificial intelligence methods to information and analytical work of law enforcement authorities
ORGANIZATION OF LAW ENFORCEMENT ACTIVITIES
Bagreeva E. G., Fedorovich M. A.
To the problem of legal essence of cyberspace
Fedorovich M. A.
Darknet as a threat to the economic security of the Russian Federation
SECURITY AND LAW
Alieva S. V., Zhamborov A. A., Semiglazov A. G.
Socio-psychological aspects of prevention of extremism and terrorism in the youth environment
Baranov V. V., Zakhvatov I. Yu.
Countering extremism in public administration: legal aspect
Belyaev V. A.
Some aspects of legal regulation of guarantees of social protection of citizens participating in the protection of public order: on the materials of the Republic of Crimea
Kashirgov A. Kh., Semenov E. A.
On the issue of the characteristics of extremism among young people
Golyandin N. P., Sheriev A. M., Pkheshkhova I. M.
Causes and conditions conducive to the spread of the ideology of terrorism among the youth
Gutieva I. G.
On the issue of the emergence and development of extremism and terrorism in Russia
Kashirgov A. Kh.
Characteristics of extremism among young people and its prevention in an educational organization
Magomedov M. N.
The nature and variability of modern terrorism
Pkhitikov R. B., Gutaev A. M.
The basis for the appearance of a legal ban on driving a vehicle while intoxicated
Tambiev S. A.
Activities of law enforcement agencies to identify extremist content on the Internet
Trofimtseva S. Yu.
Processing of personal information by cyber-physical systems: some legal aspects
Manukyan A. R.
On the question of the concept and some aspects of the fight against terrorism
Mizhareva N. V.
Virtual simulation of traffic situations as a technology and means of transport safety in the context of training and retraining of vehicle drivers
Golyandin N. P., Esherov A. G., Sheriev A. M.
Current areas of activity to counter extremism and terrorism in the North Caucasus region
Gutieva I. G.
To the question of legal nihilism as a reason for committing extremist crimes
PEDAGOGY AND LAW
Shkryabina A. E., Boyarskaya Yu. N., Kombarova E. V., Scherbakova O. V.
Self-examination procedure of an educational organization in the context of digital transformation of the educational process: main directions for improvement
Sukhorukov V. A.
Contradictions of the modern system of educational work in the internal affairs bodies
Cherezova M. A., Keropyan M. O.
The concept and content of the educational process in a juvenile correctional facility abroad
Shkodyrev V. P., Kuprikov N. M., Bashkirova E. A.
Development of new standards in the field of artificial intelligence for use in the modern educational process
Yakovlev N. M.
Teaching students at a law school the skills of disseminating of objective information about the human rights significance of the Nuremberg Tribunal verdict
PSYCHOLOGY AND LAW
Sochivko O. I., Plotkin D. M., Mynmark I. V.
Application of the psychological portrait of personality criminal in the investigation of serial murders
SOCIOLOGY AND LAW
Shatskaya E. A.
Social portrait of police officers in the context of social well-being in the service
ECONOMY. LAW. SOCIETY
Vasiljeva E. V., Lubinetskaya A. S.
The artificial intelligence for quality assurance in fashion industry
Zashchitina E. K., Pavlov P. V., Evchenko N. N.
Features of rating approaches to assessing the competitiveness of universities in the new realities of the functioning of the world economy
Naumova T. A., Pavlova Z. A., Semenov E. Yu.
Using the principles of sustainable development to improve operational efficiency
Sapozhnikov G. N.
The reasons for the “containment” of the Russian economy
Suleymanova A. M.
Development and problems of consumer lending
Tregubova V. M., Malkina A. F., Weiss E. V.
Legality of tax settlements with the budget on overpayments
Chumlyakov K. S.
Fundamental principles of the internationalization of transport infrastructure
Shalaginova N. A.
The impact of economic sanctions on economic security and the Russian food market in modern conditions
Suleymanova A. M.
Prospects for the development of the retail lending market at the present stage
Dudin K. B.
On the need for state regulation of investment activities in the field of agriculture
Nigmatullin Sh. I.
Digital innovation projects for the development of the region
PHILOSOPHY. LAW. SOCIETY
Bondarenko N. G.
Transformation of the ideals of freedom and social justice in philosophical concepts
Zubkov S. A.
The ecophilic philosophy of Pope Francis
Ivanova E. V., Melnikova E. V.
All-Russian civic identity and vectors of new spirituality
Kalaganov A.
Critical evaluation of the Eucharistic Ecclesiology of protopresbyter Nikolay Afanasyev in the works of modern researchers
Konopleva A. A., Sheina D. A
Religious extremism, its types, features of manifestation on the territory of the Republic of Crimea
Krasnoperov D. V.
Historiosophical representations in the Laurentian Chronicle
Kuleshov V. E., Danilchenko S. A.
Death and meaning of life: dialectics of interconnection
Latypova A. R.
Social forecasts and utopian projects of the modern era
Archibasov M. E.
Imitation phenomenon: a social and philosophical view
Diarov V. O.
Ontology of human evolution through dialectical analysis of the future
REVIEW
Bogdanova Yu. Z., Pyalchenkov D. V.
Scientific results in the study of modern society
INTERNATIONAL LAW
GULIYEV Shamil Ahmed oglu
master, European Studies Institute, MGIMO (U) of the MFA of Russia
MECHANISMS AND FOUNDATIONS FOR THE PROTECTION OF HUMAN RIGHTS IN THE LAW OF THE EUROPEAN UNION
There are two main areas of human rights policy and action in the European Union. One is to protect the basic human rights of EU citizens, and the other is to promote human rights around the world.
This article discusses the European Convention on Human Rights (ECHR), the mechanisms and foundations of human rights in the law of the European Union (EU). The Charter of Fundamental Rights of the EU is analyzed, the main institutions, agencies and bodies for the observance of the implementation of human rights are characterized, which include: the Advisory Committee on Equal Opportunities for Men and Women, the European Ombudsman and the European Institute for Gender Equality.
Keywords: European Convention on Human Rights, human rights, EU Charter of Fundamental Rights, Advisory Committee on Equal Opportunities for Men and Women, European Ombudsman, European Institute for Gender Equality.
Work bibliographic list
1. Advisory Committee on Equal Opportunities for Men and Women // Eur-lex. [Electronic resource]. – Mode of access: https://eur-lexhttps://eur-lex.europa.eu/EN/legal-content/summary/advisory-committee-on-equal-opportunities-for-men-and-women.html. europa.eu/EN/legal-content/summary/advisory-committee-on-equal-opportunities-for-men-and-women.html (accessed 02.08.2022).
2. Citizens, equality, rights and values program (2021–2027) // Eur-lex. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/EN/legal-content/summary/citizens-equality-rights-and-values-programme-2021-2027.html (accessed 06.08.2022).
3. Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 // Eur-lex. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex (Accessed 06.08.2022).
4. European Institute for Gender Equality (EIGE) // Eur-lex. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/EN/legal-content/summary/european-institute-for-gender-equality-eige.html (accessed 02.08.2022).
5. Human rights and democracy // European Union URL: https://european-union.europa.eu/priorities-and-actions/actions-topic/human-rights-and-democracy_en (Accessed: 08/04/2022).
6. Human rights // Fact Sheets on the European Union. [Electronic resource]. – Access mode: https://www.europarl.europa.eu/factsheets/en/sheet/165/human-rights (accessed 02.08.2022).
7. Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Program and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014 // EUR-lex. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/legal-content/EN/TXT/? (date of access: 08/06/2022).
8. Your rights in the EU // European Commission. [Electronic resource]. – Access mode: https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu_en (accessed 02.08.2022).
9. The European Ombudsman // Eur-lex. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/EN/legal-content/summary/the-european-ombudsman.html (accessed 02.08.2022).
10. Civil rights granted by the Charter of Fundamental Rights // European Parliament. [Electronic resource]. – Access mode: https://europarlamentti.info/ru/Cennosti-i-celi/cennosti/osnovnye-prava/ (date of access: 08/05/2022).
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12. European Convention for the Protection of Human Rights and Fundamental Freedoms // Council of Europe. [Electronic resource]. – Access mode: https://www.coe.int/ru/web/compass/the-european-convention-on-human-rights-and-its-protocols (date of access: 08/06/2022).
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INTERNATIONAL LAW
KONSTANTINOV Daniil Antonovich
magister student of General theoretical legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
DOLGOPOLOVA Tatyana Anatoljevna
Ph.D. in Law, associate professor of General theoretical legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
IMPACT OF SANCTIONS ON INTERNATIONAL TRANSPORT IN THE RUSSIAN FEDERATION
This article deals with the problem of international freight and passenger transportation in the current context of increasing sanctions against the Russian Federation by unfriendly countries. As Russia is one of the largest countries in the world, the current geopolitical situation affects not only the Russian Federation itself, but also the global market and supply chains as a whole. Russia’s foreign trade operations are currently associated with increased risks due to the sanctions imposed on it. One of the directions of international transportation development is the use of new customs and logistics routes and development of international trade transportation between Russia and Turkey.
Keywords: international transport, supply chain, container transport, port, maritime transport.
Work bibliographic list
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3. Matvienko: Russia is developing response measures to ban the transit of goods through Lithuania. – [Electronic resource]. – Access mode: https://tass.ru/politika/15150569 (date of access: 07/25/2022).
4. Railways. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/15290431 (date of access: 07/25/2022).
5. Russian aviation will break the wings. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5236969 (date of access: 07/25/2022).
6. Federal Law No. 56-FZ dated March 14, 2022 “On Amendments to the Air Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”.
7. Russia and Turkey are connected by a new railway route. – [Electronic resource]. – Access mode: https://novelco.ru/press-tsentr/rossiya-i-turtsiya-svyazanynovym-zheleznodorozhnym-marshrutom/ (date of access: 07/25/2022).
8. The Ministry of Defense proposed changing the rules for passage along the Northern Sea Route. – [Electronic resource]. – Access mode: https://www.rbc.ru/politics/25/07/2022/62de9f5c9a7947f5812e7920?from=from_main_25.07 (date of access: 07/25/2022).
INTERNATIONAL LAW
OSTROUKHOV Nikolay Viktorovich
Ph.D. in Law, professor of International law sub-faculty of the Peoples’ Friendship University of Russia
CHERNYKH Irina Alekseevna
Ph.D. in Law, senior lecturer of International law sub-faculty of the Peoples’ Friendship University of Russia
CUSTOMARY REGULATIONS IN INTERNATIONAL SPACE LAW
This article outlines the comprehensive analysis of international legal customs in international space law. On the basis of technical legal and historical methods, it considers a possibility to form new customary norms on the exploration and use of outer space including the Moon and other celestial bodies.
Keywords: international-legal custom, customary norm, international space law.
Work bibliographic list
1. Statute of the International Court of Justice. 1945 [Electronic resource]. – Access mode: http://www.un.org/ru/icj/statut.shtml (date of access: 08/06/2022). – Art. 38. – Ch. 1. – P. “b”.
2. International law: General part / Edited by I. I. Lukashuk. Ed. 3rd, revised. and additional – M.: Wolters Kluver, 2010. – 415 p.
3. Studies in International Space Law / Edited by B. Cheng. – Oxford: Clarendon Press, 1997. – 800 p.
4. International space law: a textbook for undergraduate and graduate students / Edited by G. P. Zhukov, A. Kh. Abashidze. 2nd ed., ster. – Moscow: Yurayt Publishing House, 2019. – 527 p.
5. Declaration of legal principles governing the activities of states in the exploration and use of outer space, 1963 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/outerspace_principles.shtml (date of access: 08/01/2022).
6. Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, 1967 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/outer_space_governing.shtml (date of access: 08/01/2022).
7. Space Law / Edited by S. Hobe. Baden-Baden, Nomos Verlagsgesellschaft, 2019. – 266 p.
8. Theory of international law / Edited by G. I. Tunkina. – M.: IKD “Zertsalo-M”, 2014. – 478 p.
9. An Introduction to Space Law: book / Edited by Diederiks-Verschoor I. Second Revised Ed. – Alphen aan den Rijn: Kluwer Law International, 1999. – 266 p.
10. Solntsev A. M. International legal framework for ensuring the safe use of nuclear energy sources in outer space // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2011. – No. 2. – S. 107-114.
11. Ganenkov E. O. Prospects for the international legal regulation of aerospace navigation”: dis. … cand. legal Sciences: 12.00.10. – Moscow, 2015. – 184 p.
12. Piradov A. S., Zhukov G. P., Emin V. G., Aldoshin V. V. Trends in the development of space law: Monograph / Ed. A. S. Piradova. – M.: Nauka, 1971. – 244 p.
13. Potapenko A. M. International legal problems of the demilitarization of outer space: dis. … cand. legal Sciences: 12.00.10. – Moscow, 2022. – 203 p.
14. Greene N. Where Does Space Begin? ThoughtCo, Mar. 2, 2017. [Electronic resource]. – Access Mode: https://www.thoughtco.com/where-does-space-begin-3071112 (Accessed: 08/01/2022).
15. NASA recognized the Soyuz MS-10 flight as a space one. [Electronic resource]. – Access mode: https://nplus1.ru/news/2018/12/04/suborbital (date of access: 08/01/2022).
16. Fedotov Alexander Vasilyevich – the best pilot in the world. [Electronic resource]. – Access mode: http://afedotov1.narod.ru/fan5.html (date of access: 08/01/2022).
17. Markoff J. ‘Parachutist’s Record Fall: Over 25 Miles in 15 Minutes Alan Eustace Jumps from Stratosphere’, Breaking Felix Baumgartner’s World, 24 October 2014. [Electronic resource]. – Access mode: https://www.nytimes.com/2014/10/25/science/alan-eustace-jumps-from-stratosphere-breaking-felix-baumgartners-world-record.html (Date of access: 08/01/2022 ).
18. Roy A. The Enigma of Creation and Destruction. Indiana: Author House, 2011. – 264 p.
19. Bergethon P. R., Hallock K. The Physical Basis of Biochemistry: Solutions Manual to the Second Edition. – New York: Springer Science & Business Media, 2010. – 155 p.
20. Sanz Fernández de Córdoba S. Presentation of the Karman separation line, used as the boundary separating Aeronautics and Astronautics. The World Air Sports Federation (Federation Aeronautique Internationale), 21 June 2004. [Electronic resource]. – Access mode: https://www.webcitation.org/618QHms8h?url=http://www.fai.org/astronautics/100km.asp (Accessed 08/01/2022).
21. Class K, Class P. FAI Sporting Code. Section 8 – Astronautics. 2009. [Electronic resource]. – Access mode: https://naa.aero/wp-content/uploads/2021/11/Sporting-Code-Section-8-Edition-2009.pdf (accessed 08/01/2022).
22. Lal B., Nightingale E. Where is Space? And Why Does That Matter? // Space Traffic Management Conference. Paper 16. 5 November 2014. [Electronic resource]. – Access mode: http://commons.erau.edu/stm/2014/wednesday/16 (date of access: 08/01/2022).
23. Struggle for peace
INTERNATIONAL LAW
POZHILOVA Natalya Andreevna
Ph.D. in Law, researcher of E. M. Primakov Institute of World Economy and International Relations (IMEMO) of the Russian Academy of Sciences
INTERNATIONAL LEGAL ISSUES OF REGULATION OF SUSTAINABLE DEVELOPMENT IN THE ARCTIC ON THE EXAMPLE OF THE NEW EU ARCTIC STRATEGY
At present, regional regulation of sustainable development is undergoing significant changes, with the Arctic being a particularly telling example in this context, a territory on which not only circumpolar states, but also other countries and international organizations with “Arctic interests” are concentrating their attention . It is worth noting that with the strengthening of the legal regulation of sustainable development, one of the most revealing examples may be the evolution of such regulation in the European Union (EU), which is trying to influence both directly and indirectly.
Keywords: Arctic, European Union, EU Arctic Policy, sustainable development, sustainable development law, scientific research, sustainable tourism
Work bibliographic list
1. Danilov D.A. Arctic Policy of the European Union: Foundations and Evolution // Obozrevatel. – 2017. – No. 11. – P. 16-32.
2. Conde Perez E., Yaneva Zh. V., The European Arctic policy in progress, Polar Science, Volume 10, Issue 3, 2016, Pages 441-449. [Electronic resource]. – Access Mode: https://doi.org/10.1016/j.polar.2016.06.008
3. Martynov V.L., Kuzin V.Yu. Borders of the Arctic and borders in the Arctic // Arctic XXI century. Humanitarian sciences. 2018. No. 2 (16). pp. 4-17. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/granitsy-arktiki-i-granitsy-v-arktike (date of access: 03/21/2022).
4. Kochemasova E.Yu., Zhuravel V.P., Sedova N.B. On some scientific approaches to determining the boundaries of the Arctic // AiS. 2019. No. 35. P. 158-169. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-nauchnyh-podhodah-k-opredeleniyu-granits-arktiki (date of access: 03/21/2022).
5. Gudev P.A. The Arctic in IMEMO Research (Political and Legal Framework for the Regime of the Arctic Spaces) // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2017. – T. 61. Issue. 6. – S. 103-113.
INTERNATIONAL LAW
MONAKHOV Herman Dmitrievich
student of the School of Law of the Far Eastern Federal University
VASKINA Alina Alexandrovna
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
GIBRALTAR: COLONIAL TERRITORIAL DISPUTE AND MODERN INTERNATIONAL LAW
The territorial dispute over Gibraltar has been a living problem of international law for many years. Such importance of this dispute lies in the extreme importance of Gibraltar for ensuring the safety of navigation through the Strait of Gibraltar. In this article, the authors examined the historical causes of the territorial dispute between Spain and Great Britain over the Strait of Gibraltar, which arose after the signing of the Treaty of Utrecht and were developed later in interstate relations between these countries, and then in the United Nations. The authors also analyzed the legal arguments of the parties regarding the ownership of Gibraltar. Thus, the authors assessed Spain’s argument that, by virtue of the provisions of the 1713 Treaty of Utrecht on the right of “first refusal” to Spain, this territory should pass into its possession. According to the authors, this provision is inconsistent with a number of imperative norms of modern international law, in particular, with the right of peoples to self-determination. However, as the authors point out, it is impossible to annul the provisions of the Utrecht Treaty, since they are an agreement between existing States, but in order to determine the status of Gibraltar, they should be interpreted in accordance with the norms of modern international law and guided by the will of the people of Gibraltar.
Keywords: Gibraltar, Strait of Gibraltar, territorial dispute, peoples’ rights to self-determination, territorial waters, jus cogens norms
Work bibliographic list
1. BIS, British Government White Paper on British Overseas Territories. March 1999
2. BIS COI. (1969) Gibraltar: The Dispute with Spain, Cmd 715615.
3. CIA – The World Factbook – Gibraltar. CIA.gov. Central Intelligence Agency. Web. 13 Jan. 2015. [Electronic resource]. – Access Mode: https://www.cia.gov/library/publications/the-world-factbook/geos/gi.html.
4. Gibraltar: Little Territory, Lot at Stake.” Spain Exchange. Web. 17 Jan. 2015. [Electronic resource]. – Access mode: http://www.spainexchange.com/travel_spain/article-7.htm
5 Government of Gibraltar. Peter Caruana Submission to the UN 4th Committee. Gibnews. 04 Oct. 2011. Web. Nov. 23 2011. [Electronic resource]. – Access mode: “http://www.gibnews.net/cgi-bin/gn_view.pl/?GOGX111004_2.xml”.
6. Grant, Thomas D. “Gibraltar on the Rocks: the American Stake in a Sovereignty Dispute.” Policy Review (2002): 1-8.
7. Heasman, D. J. “The Gibraltar
INTERNATIONAL LAW
RUZAKOVA Valeriya Igorevna
postgraduate student of International Law sub-faculty of the MGIMO (U) of the MFA of Russia
The international legal regime of the development and transfer of marine technology: peculiarities of elaboration in the historical context
introduction. In the context of the evolving concept of the Blue Economy and the worldwide trend towards greening the legal consciousness, including the issues of technological exchange and cooperation among states (the need for increased capacity for the transfer of maritime technological capacity among states was explicitly reflected in UNGA Resolution A/RES/69/245 of 2014), the international legal regime for the development and transfer of marine technology is back on the agenda. The development and transfer of marine technology is not a new concept in international law of the sea; discussions on this issue predate the Third United Nations Conference on the Law of the Sea in 1982. This historical context largely determined the approach and language chosen in Part XIV of the 1982 UN Convention on the Law of the Sea and makes it relevant to analyze and evaluate the historical context of the adoption of the main provisions of this instrument in the context of the current international legal regime on the development and transfer of marine technology.
materials and methods. The present study is based on an applied analysis of the applicable provisions of the 1982 UN Convention on the Law of the Sea (Part XIV, Part XI, Annex III) relating to the regulation of the international legal regime on the development and transfer of marine technology. Supporting sources such as the preparatory materials to the 1982 Convention as well as international legal literature have also been used in the analysis.
research results. As a result of this study, the main points of contention discussed during the drafting of the applicable provisions of the 1982 UN Convention on the Law of the Sea were analyzed; the historical and legal context of certain provisions of the Convention was established; and current issues relating to the need to further clarify the international legal regime on the transfer of marine technology in relation to the need to overcome the limitations inherent in the Convention text due to the historical and political circumstances of its adoption were identified and substantively defined.
discussion and conclusions. In the course of the study the author analyzes the historical and legal context of the provisions of the 1982 UN Convention on the Law of the Sea relating to the regulation of the international legal regime on the development and transfer of marine technology and concludes that the historical , political context of the development of the 1982 UN Convention on the Law of the Sea led to a number of shortcomings of the current international legal regime on the development and transfer of marine technology, which can be overcome in the context of new priorities in the cooperation of the parties.
Keywords: transfer of marine technology, law of the sea, international environmental law, 1982 United Nations Convention on the Law of the Sea, marine technology, historical legal analysis, technology exchange, marine research.
Work bibliographic list
1. Nosikov A. N. The Convention on the Law of the Sea and the International Seabed Authority: a US View // Moscow Journal of International Law. – 2010. – No. 2. – P. 93-108.
2. Alberts C. M. Technology Transfer and Its Role in International Environmental Law: A Structural Dilemma // Harvard Journal of Law & Technology. – 1992. – Volume 6. – Fall Issue. – P. 63-84.
3. Alexander L. M. Organizational responses to new ocean science and technology developments // Ocean Development & International Law. – 1981. – 9:3-4. – P. 241-268.
4. Brittingham B.C. Does the World Really Need New Space Law? // Oregon Review of International Law. – 2010. – Volume 12. – No. 1. – P. 31-54.
5. Carreau D., Juillard P. Droit international economique. 3rd edition. – Dalloz, Paris, 2017. – 744 p.
6. Churchill R. R., Lowe A. V. The Law of the Sea. third edition. – Manchester University Press, Manchester, UK, 1999. – 500 p.
7. Faysal A. The International Legal Regime for the Transfer of Technology to Developing Countries with Special Reference to Deep Seabed Mining. A Thesis, Faculty of Law, University of Manchester, 1994. – P. 426.
8. Gaffney F. Statement of Frank Gaffney: Hearing on the Law of the Sea Convention (October 4, 2007) // Testimony before the Senate Foreign Relations Committee. – 2007. – P. 4-6.
9. Harden-Davies H. R. Marine science and technology transfer: Can the Intergovernmental Oceanographic Commission Advance Governance of Biodiversity Beyond National Jurisdiction? // Marine policy. – 2016. – No. 74. – P. 260 – 267.
10. Harden-Davies H. R. Research for regions: Strengthening marine technology transfer for Pacific Island Countries and biodiversity beyond national jurisdiction // International Journal of Mari
INTERNATIONAL PRIVATE LAW
BAKHMETJEV Pavel Vladimirovich
Ph.D. in Law, associate professor of International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
EXHAUSTION OF THE EXCLUSIVE RIGHT TO A TRADEMARK IN THE CONTEXT OF THE EURASIAN ECONOMIC INTEGRATION
The exhaustion of the exclusive right to a trademark is one of the mechanisms of monopoly control, limiting the rights holder’s ability to abuse their rights. The form of application of this tool often causes discussion.
The legislation of the Eurasian Economic Union in the field of intellectual property protection is quite flexible, allowing each member state to independently decide on the form of implementation of the exhaustion of the exclusive right to a trademark. The discussion of the possibility of legalizing parallel imports, all the negative and positive consequences that it may entail, potential threats and risks – have been a topic for discussion in the expert community for many years. But modern realities bring their own adjustments. The modern sanctions policy of Western countries, the withdrawal of a number of copyright holders from the markets of the Russian Federation and the Republic of Belarus, endow the mechanism of exhaustion of trademark rights with new meanings.
Integration processes in the economic sphere are increasing every year, but geopolitics is making its own adjustments. Political decisions break economic ties that have been established for decades. As a result, unique conditions arise that require an adequate response.
Keywords: EAEU, exhaustion of rights regime, trademark, parallel import, intellectual property.
Work bibliographic list
1. Braudel F. Material civilization, economy and capitalism, XV-XVIII centuries. / Per. from fr. L. E. Kubbel; intro. Art. and ed. Yu. N. Afanasiev. 2nd ed. – M.: All world, 2006.
2. Wallerstein I. World-system analysis // Time of the world. Almanac of Modern Research on Theoretical History, Macrosociology, Geopolitics, Analysis of World Systems and Civilizations / Ed. N. S. Rozova. – Novosibirsk, 1998. – Issue 1. – P. 105-123.
3. Kohler J., Deutsches Patentrecht. – Mannheim 1878. – C. 100.
4. Zakharova A. A., Kidyaev N. V. Russia’s international customs cooperation in the field of intellectual property protection // International Journal of the Humanities and Natural Sciences. – 2022. – No. 5-3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodnoe-tamozhennoe-sotrudnichestvo-rossii-v-oblasti-zaschity-obektov-intellektualnoy-sobstvennosti (date of access: 07/14/2022).
5. Snegireva DV Some problems of exhaustion of the exclusive right to a trademark // Questions of Russian justice. – 2019. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-ischerpaniya-isklyuchitelnogo-prava-na-tovarnyy-znak (date of access: 07/14/2022).
6. Sorokin A. M., Sorokin M. A. Actual directions of development of the institute of the unified customs register of objects of intellectual property of the Eurasian Economic Union // ANI: Economics and Management. – 2018. – No. 4 (25). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodnoe-tamozhennoe-sotrudnichestvo-rossii-v-oblasti-zaschity-obektov-intellektualnoy-sobstvennosti (date of access: 07/14/2022).
INTERNATIONAL PRIVATE LAW
SIMATOVA Elena Lvovna
Ph.D. in law, associate professor, Head of International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
PROBLEMS AND PROSPECTS OF LEGAL INTEGRATION WITHIN THE FRAMEWORK OF REGIONAL ASSOCIATIONS WITH THE PARTICIPATION OF THE RUSSIAN FEDERATION IN TERMS OF INTERNATIONAL COMMERCIAL CONTRACTS REGULATION
The challenges of modern reality, requiring a revision of the role and participation of the Russian Federation in various integration associations, unprecedented sanctions pressure on our country, including in the sphere of foreign economic activity, force us to take a fresh look at the issues of legal integration, especially in terms of regulation of international commercial contracts. In this article, the author analyzes the factors influencing these processes taking place within the framework of regional associations, and also explores the opportunities, prospects and problems existing in the field under consideration.
Keywords: legal integration, regional associations, international commercial agreements.
Work bibliographic list
1. Alimova Ya. O. The possibility of unification in the field of cross-border contractual relations in the BRICS countries // Lex Russica. – 2019. – No. 11 (156). – P. 9-17.
2. Andriyanov D. V. Lex petrolea, globalization and the future of private international law // Bulletin of the O. E. Kutafin University. – 2021. – No. 3 (79). – S. 190-195.
3. Anufrieva L. P. Legal regulation of Eurasian integration in the light of the theory of international law // Greater Eurasia: development, security, cooperation. – 2021. – No. 4-1. – S. 18-22.
4. Inshakova A. O. Determinants of the development of jurisdictions: the evolution of legal policy and legal culture // Legal Concept. – 2020. – No. 4. – P. 6-16.
5. Kurbanov R. A. Eurasian integration in the context of world globalization: modern trends and development trends // Bulletin of economic security. – 2020. – No. 1. – P. 133-141.
6. Nesmeyanova I. A. Unification of civil legislation in the context of economic integration within the framework of the EAEU // Legal Bulletin. – 2020. – No. 1. – P. 36-46.
7. Orlova E. E. The role of harmonization of legal regulation in the process of global and regional integration // Journal of Foreign Legislation and Comparative Law. – 2021. – No. 6. – P. 147-157.
8. Anuoluwapo D., Edwin I., Abdul-Wasi M. B. South Africa’s Inclusion in BRICS: Challenges and Prospects for Development in Africa // International Journal of African Renaissance Studies. – 2018. – Vol. 13, iss. 2. – P. 27-41.
INTERNATIONAL PUBLIC LAW
BAKHNOVSKIY Aleksandr Viktorovich
Ph.D. in Law, associate professor, senior researcher of International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
THE USE OF SUMMARY PROCEEDINGS IN INTERNATIONAL CRIMINAL TRIBUNALS TO SAVE THE RESOURCES OF PARTICIPATING STATES: AN ASSESSMENT OF THE RISKS OF VIOLATION OF THE RIGHTS OF PARTICIPANTS IN THE PROCEEDINGS
The mutual enrichment of international and national standards for the administration of justice is a well-founded result of the evolution of legal thought. Developing the provisions of national law at the level of international law-making, the authors of international procedural documents propose established procedures for use in international judicial institutions. However, national law, which develops for the good and on the basis of social relations, always takes into account the mentality, value system and historical factor. As a result, an optimal model from the point of view of one jurisdiction cannot count on absolute success neither in a single (other) legal system, nor in international law as a whole. In preparing the Charter of the Nuremberg Military Tribunal, the authors proceeded from the unification of the ideas of the victorious countries about a full-fledged trial, insisting on its “limbs” (the process should be completed within a reasonable time). The International Tribunal for the Former Yugoslavia (ICTY) and the International Tribunal for Rwanda (ICTR) could test various options for completing a judicial investigation, including with the absence of a direct prohibition on the parties of charge and defending reaching an agreement to partially terminate the prosecution in exchange for valuable information.
The purpose of the study is a comparative legal analysis of the procedural status of the defendant by examining the provisions of the statutory documents of the Nuremberg Military Tribunal, ICTY and the ICTR. In support of these arguments, the author analyzed case law from the U.S. national jurisdiction, the ICTY, and the ICTR.
In preparing the study used comparative legal, historical, formal legal, epistemological, axiological methods.
Based on the results of the study, it was concluded that there is no direct and justified need involving for simplified judicial procedures (judicial investigation), including reaching an agreement between the prosecution and the defense in which the defendant receives the prosecutor’s refusal to prosecute one or several episodes in an exchange for assistance. An exception can be made to hold senior government officials accountable in the event that it is not possible to establish evidence base without the testimony of subordinates.
Keywords: judicial investigation, «plea bargain» international tribunal, statute, defense, prosecution, evidence, economic impact.
Work bibliographic list
1. Kostenko N.I. International Criminal Justice. Development problems. M.: RConsult, 2002. 448 p.
2. Elkov I. Secrets of Nuremberg // Russian newspaper. 2008. June 26. [Electronic resource]. – Access mode: https://rg.ru/2008/06/26/nutnberg.html (date of access: 06/10/2019).
3. Olin D. Plea Bargain // The New York Times Magazine. 2002. 29 Sept. P. 29. [Electronic resource]. – Mode of access: https://www.nytimes.com/2002/09/29/magazine/the-way-we-live-now-9-29-02-crash-course-plea-bargain.html (date accessed : 08.08.2019).
4. Majors S. Child porn: prosecution problem (Computer Crime Research Center). [Electronic resource]. – Access mode: www.crime-research.org (date of access: 10.08.2006).
5. Kerry Max Cook. [Electronic resource]. – Access mode: https://www.pbs.org/wgbh/pages/frontline/shows/plea/four/cook.html (Accessed 06/02/2013).
6. Grishin A. S. 20 years of the International Tribunal for the former Yugoslavia: results of activities and prospects for international justice // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. 2014. No. 1 (1). pp. 359-365.
7. Mezyaev A. B. Trial against Slobodan Milosevic in the Hague Tribunal: some international legal problems // Russian Yearbook of International Law. 2004. St. Petersburg, 2005. S. 91-112.
8. Rauxloh Regina E. Plea bargaining in international criminal justice can the international criminal court afford to avoid trials? // The journal of criminal justice research (JCJR). 2011. Volume 1, Number 2. P. 1-25.
9. Leigh M., Johnson L. Prosecuting and defending violations of genocide and humanitarian law: The International Tribunal for the Former Yugoslavia (Introduction) // American Society of International Law Proceedings. 1994 Vol. 88. P. 239-241.
10. Morris V., Scharf M.P. An Insider’s Guide to the International Criminal Tribunal for the Former Yugoslavia, Vol. 2 Transnational Publishers Inc, Irvington-on-Hudson // New York, 1995. ISBN: 978-0941320924. 1224p.
THEORY OF GOVERNMENT AND RIGHTS
BUTENKO Anna Konstantinovna
Ph.D. in science philosophicals, senior lecturer of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
The problem of protecting the rights and legitimate interests of the child in the Russian Federation: problems of legal regulation
The article is dedicated to the study of the legal foundations of Russian legislation in the field of protection of the rights and legitimate interests of children. The study is based on the analysis of compliance of Russian legislation in the field of protection of the rights and legitimate interests of children with international standards in the relevant field. The author has made an attempt to identify common and special features of the legal regulation of issues of protection of the rights and legitimate interests of children in the Russian Federation. In addition, the article describes the current state of social and legal protection of children in the Russian Federation. The author suggests measures to improve Russian legislation in the field of protection of the rights and legitimate interests of children.
Keywords: protection of rights, protection of legitimate interests, child rights, family law, minors, crime prevention, legal protection.
Work bibliographic list
1. Kuropatskaya E.G. Compliance of the national legislation of the Russian Federation with the requirements of international law in the field of child protection and protection of his rights. Bulletin of RUDN University. series Legal sciences. – 2008. – No. 3. – S. 24-29.
2. Cheltsov M.V. Features of the social and legal protection of minors at the international level Proceedings of the All-Russian Scientific and Practical Conference “Science and Society” – 2018. – No. 7-2. – S. 48-52.
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
Legal consciousness in the post-industrial era
The article analyzes the peculiarities of changing legal consciousness in the conditions of the formation of a new type of society, where digital technologies are the key factor. The author explores how digitalization will affect the functioning of society as a whole, its legal culture as an element of the legal system of the state. The processes of changing the system of legal views, theories, ideas, ideas, beliefs of a person in the conditions of the formation of an economy with a high-performance industry through the introduction of innovative and communication technologies, databases, computer networks are considered .
Keywords: digitalization, legal awareness, digital IT culture, digital transformation, legal culture, post-industrial era, elements of the legal system, digital society
Work bibliographic list
1. Popova N.N. Legal consciousness in the conditions of the formation of a digital society // Bulletin of the Moscow State Pedagogical University. Series: Legal Sciences. – 2022. – No. 2 (46). – S. 34-39.
2. Smirnov A. I. Typology of factors that influenced the Byzantine legal consciousness // Bulletin of the Moscow City Pedagogical University. Series “Legal sciences”. – 2019. – No. 1. – P. 83-91.
3. Shchennikov V. P. Legal consciousness and law reform // Law and education. – 2010. – No. 12. – P. 126-129.
4. Kalnoy I.I., Salnikov V.P., Chukin S.G. Philosophy and Law // Philosophy and Methodology of Cognition: A Textbook for Masters and Postgraduates / B.T. Alekseev, Z.S. Alyabyeva, V.L. Bugel, S.V. Busov, V.V. Vasilkova, S.S. Gusev, M.R. Zobova, M.S. Kagan, I.I. Kalnoy, A.S. Karmin, B.I. Lipsky, K.A. Lushpenko, V.N. Nomokonov, V.L. Obukhov, A.F. Oropay, V.P. Petrov, G.A. Podkorytov, V.V. Prozersky, V.P. Salnikov, G.V. Stelmashuk, L.I. Sugakova, G.N. Hohn, Sigmund Hull, S.G. Chukin, V.V. Sharanov, S.P. Shchavelev; under total and scientific ed. V.L. Obukhova, Yu.N. Corned beef, V.P. Salnikov and V.V. Vasilkova. – St. Petersburg: Fund “University”, 2003. – in the book. – S. 379-380.
5. Danilenkov A.V. Principles of Internet Law // Russian Journal of Legal Research. – 2016. – T. 3. – No. 2 (7). – S. 144-154.
6. Legal consciousness. Socio-political and legal problems of the present / S.Yu. Narcissova, E.V. Rozanova, A.A. Solovyov, V.V. Popadeikin. – 3rd edition, revised and enlarged. – Moscow: Editus Limited Liability Company, 2022. – P. 276.
7. Legal concept of robotization / Ed. ed. Yu.A. Tikhomirov, S.B. Nanba. – M., 2019.
8. Talapina E.V. Digital transformation in France: legal novels // Pravo. – 2019. – No. 4. – P. 164-184.
THEORY OF GOVERNMENT AND RIGHTS
DOLZHENKOVA Ekaterina
Ph.D. in Political Sciences, associate professor of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROVA Anna Yurjevna
Ph.D. in Political Sciences, associate professor of the Higher School of International Relations of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROV Dmitriy Anatoljevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
DEMIDOV Vladimir Pavlovich
Ph.D. in Philosophy, associate professor of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurjevich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
LOBBYING THE INTERESTS OF BUSINESS ENTITIES AS A TYPE OF LAWFUL BEHAVIOR (ON THE EXAMPLE OF THE ARCTIC REGION)
Lobbying, being a process of influencing decisions made in the state by certain groups of persons, is a complex multidimensional phenomenon that is considered both as a democratic mechanism for influencing political processes and as a synonym for corrupt activities. Whether lobbying is recognized as legal or seen as a threat to the existence of democratic institutions, it is present in any state and reflects the preferences and wishes of the emerging society. Due to the lack of comprehensive legal regulation of lobbying activities, it is likely that the actions of lobbyists will lead to defending the interests of commercial and financial groups contrary to public interests, which requires a systematic analysis of various aspects of the activities of economic entities , the development of options for improving lobbying processes as part of the further activities of the Parliament and the Government of the Russian Federation.
Keywords: lawful behavior, lobbying, business entities.
Work bibliographic list
1. Morozov A.S. Lawful behavior as a special type of human social behavior // Bulletin of the Kemerovo State University. – 2014. – No. 4 (60). – T. 1. – S. 217-274.
2. Mastepanov A.M. On the competitiveness of oil and gas projects on the Arctic shelf in conditions of low prices for energy resources // Neftegaz.Ru. – 2017. – No. 1. – S. 20-32.
3. Zhavoronkova N.G., Agafonov V.B. Modern trends in the legal support of strategic planning of environmental management in the Arctic // Lex Russica. – 2018. – No. 7 (140). DOI: 10.17803/1729-5920.2018.140.7.114-124.
4. Tsygankova I.V., Gadeev A.V. Collisions of national interests of leading foreign countries in the Arctic // Actual problems of socio-humanitarian and scientific-technical knowledge. – 2018. – No. 4. – P. 48-53.
THEORY OF GOVERNMENT AND RIGHTS
DASHIN Alexey Viktorovich
Ph.D. in Law, professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
SHAPOVALOV Anatoliy Vyacheslavovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
PAVLISOVA Tatyana Evgenjevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
Analysis of legal regulation of competition under Russian and foreign legislation
The article is dedicated to the analysis of the legal regulation of competition under Russian and foreign legislation. Antimonopoly law is an essential element of modern civil law. For its more successful application in domestic practice, it seems appropriate to refer to the experience of other countries.
A comparative legal analysis showed that the legal regulation of public relations related to competition in each country has its own specifics, positive aspects and shortcomings, however, there are general provisions that take place in the antimonopoly legislation of almost all states.
Keywords: competition, antimonopoly law, abuse of dominance, economics, market balance.
Work bibliographic list
1. Shastitko A. E., Pavlova N. S., Meleshkina A. I., Fakhitova A. F. Priorities of competitive policy in Russia until 2030 // Modern competition. – 2018. – No. 5. – S. 26-45.
2. Popova N. F. Legal regulation of economic activity: textbook and workshop for universities. Edited by M. A. Lapina. – Moscow: Yurayt Publishing House, 2021. – 278 p.
3. Peden E. When Common Law Trumps Equity: the Rise of Good Faith and Reasonableness and the Demise of Unconscionability // Journal of Contract Law. – 2015. – No. 21 (3). – P. 226-249.
4. Ternovaya OA Economic and legal aspects of legal liability for violation of competition rules in France // Journal of Foreign Legislation and Comparative Law. – 2018. – No. 13. – P. 49-53.
5. Handbook of antitrust economics edited by Paolo Buccirossi. – Cambridge, 2018. – 711 p.
6. Koryakovtseva M. A. Reflection of the problem of the phenomenon of competition in social science // Bulletin of the Chuvash University. – 2016. – No. 17. – P. 139-148.
7. Shishkin, M. V. Antimonopoly regulation: textbook and workshop for universities / M. V. Shishkin, A. V. Smirnov. – Moscow: Yurayt Publishing House, 2021. – 143 p.
8. Chigray I. K. Responsibility for violation of competition law // Vestnik nauki i obrazo
THEORY OF GOVERNMENT AND RIGHTS
NURUTDINOV Ilnur Ildusovich
Ph.D. in sociological sciences, senior lecturer in Criminal law sub-faculty the of Kazan Law Institute of the MIA of Russia
DASHKOV Timur Kamilevich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SERFDOM IN RUSSIA CAUSES OF ITS OCCURRENCE AND ABOLITION
The article is dedicated to the history of the emergence and abolition of serfdom in Russia. The paper examines the reasons for the enslavement of peasants, the crisis situation in the state on the eve of the abolition of serfdom and the complexity of this reform. The relevance of the topic lies in understanding the importance of democratic rights and freedoms of modern man on the example of an unfair society that has functioned for several centuries on the territory of our state.
Keywords: economy, serfdom, life, freedom, peasant, emperor slave.
Work bibliographic list
1. Ierusalimsky Yu. Yu. Domestic historiography of the second half of the 19th – early 20th centuries. On the peasant reform of 1861 – Electronic text // Bulletin of the Tomsk State University. – 2017. – No. 415. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otechestvennaya-istoriografiya-vtoroy-poloviny-xix-nachala-xx-v-o-krestyanskoy-reforme-1861-g.
2. Kocheshkov G. N. M. N. Pokrovsky on the ideological foundations of the peasant reform of 1861 – Electronic text // Bulletin of the Vyatka State University for the Humanities. – 2015. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/m-n-pokrovskiy-ob-ideologicheskih-osnovah-krestyanskoy-reformy-1861-g.
3. Muravyova L. A. The abolition of serfdom in Russia: causes, implementation mechanism, significance. – Electronic text // Humanitarian sciences. – 2012. – No. 2 (6). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otmena-krepostnogo-prava-v-rossii-prichiny-mehanizmrealizatsii-znachenie.
4. Ryazanov V. T. Reform of 1861 in Russia: Reasons and historical lessons. – Electronic text // Bulletin of St. Petersburg University. – 2011. – Ser. 5. – Issue. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/reforma-1861-goda-v-rossii-prichiny-i-istoricheskie-uroki.
5. Ryansky L. M., Ryansky R. L. Domestic historiography on the situation of landlord peasants at the final stage of the existence of serfdom in Russia. – Electronic text // Evolution of socio-cultural and political spaces. – 2016. – T. 3. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otechestvennaya-istoriografiya-o-polozhenii-pomeschichih-krestyan-na-zaklyuchitelnom-etape-suschestvovaniya-krepostnichestva-v.
6. Tsarkov I. I. Political history of Russia in the 19th century: Decembrists and serfdom. – Electronic text // Bulletin of the Volga University named after V. N. Tatishchev. – 2020. – No. 2. – Volume 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/politicheskaya-istoriya-rossii-xix-v-dekabristy-i-krepostnoe-pravo.
THEORY OF GOVERNMENT AND RIGHTS
PONOMARENKO Anna Aleksandrovna
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University
IMPROVING THE LAWMAKING OF STATE BODIES IN THE CONTEXT OF DIGITALIZATION
The article discusses the impact of digitalization on the law-making mechanism of public authorities. The main aspects of law-making activity are identified, the improvement of which involves the use of digital technologies. The prospects for the use of digital tools and means to improve this area of activity of state bodies are highlighted.
Keywords: lawmaking mechanism, government agencies, digitalization, tools and means of digitalization.
Work bibliographic list
1. Amelin R. V., Channov S. E. Transformation of law under the influence of digital technologies: new requirements for the training of lawyers // Bulletin of the Saratov University. New series. Series: Economy. Control. Right. – 2019. – T. 19. – No. 2. – S. 200-204.
2. Medvedev D. A. Russia-2024: Strategy of socio-economic development // Questions of Economics. – 2018. – No. 10. – P. 5-28.
3. Pashentsev D. A., Zaloilo M. V. The impact of modern digital technologies on the content and nature of law-making activity: theoretical and legal aspect // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (44). – S. 231-235.
4. Petrova E. A. The mechanism of lawmaking in the context of comparative legal research // State legal research. – 2020. – No. 3. – P. 150-153.
5. Sazonova M. O. State projects on the use of modern technologies in rule-making. [Electronic resource]. – Access mode: ttps://www.garant.ru/news/1491777/ (date of access: 07/12/2022).
THEORY OF GOVERNMENT AND RIGHTS
Tretyakov Ivan Lvovich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROV Dmitriy Anatoljevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROVA Anna Yurjevna
Ph.D. in Political Sciences, associate professor of the Higher School of International Relations of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurjevich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
LEGAL EDUCATION AS AN ELEMENT IN THE FORMATION OF AN ANTI-CORRUPTION WORLDVIEW
Anti-corruption education is an integral part of the system of combating crimes in modern society. It is based on a variety of international legal approaches in the fight against corruption in interstate relations, organically includes a set of measures inherent in national legislation. Without the implementation of this form of anti-corruption activity, it is impossible to create a sufficiently weighty basis for a successful campaign aimed at reducing the level of corruption elements in various areas of state and political activity. The aim of the study is to study the most relevant aspects of anti-corruption education, their practical application in relations between subjects involved in political, economic, social life at the international and state level; identification of the most promising areas of anti-corruption education in the international arena and within the framework of the struggle within individual countries – participants in the world community.
Keywords: legal education, legal education, anti-corruption.
Work bibliographic list
1. Shchedrin N.V., Damm I.A., Akunchenko E.A. Actual problems of anti-corruption education and anti-corruption education // Actual problems of economics and law. – 2017. – No. 3 (43).
2. Kabanov P.A. Anti-corruption education as a tool for combating corruption: concept and content // Topical issues of the formation of anti-corruption standards and their application: materials of Vseros. scientific-practical. Conf. – 2017. – S. 253-263.
3. Owusu E.K., Chan A.P.C., DeGraft O.-M., Ameyaw E.E., Robert O.-K. Contemporary Review of Anti-Corruption Measures in Construction Project Management // Project Management Journal. – 2019. – No. 50 (1). – R. 40-56. https://doi.org/10.1177/8756972818808983.
4. Hauser C., Berenbeim R.E. Anti-corruption Education // The SAGE Hand-book of Responsible Management Learning and Education. – 2020.
5. Mukodi M. Anti-Corruption Education Model for Millenial Generation in School. – 2018.
6. Akunchenko E.A. To the question of the organizational and legal foundations of anti-corruption education in the field of education // Science and School. – 2017. – No. 1. – P.20-28.
7. Baranenkov V.V. Problems of the formation of anti-corruption legal consciousness of military personnel // Law in the Armed Forces. – 2015. – No. 12 (222). – S. 86-92.
8. Berezovsky D.V., Morgunov V.I. Anti-corruption education of state civil servants // Bulletin of the International Market Institute. – 2016. – V. 1. No. 2. – S. 77-82.
9. Kabanov P.A. Victimological anti-corruption education: concept, content, forms and means of implementation // Legal Studies. – 2017. – No. 6. – P. 38-64.
10. Kabanov P.A. Anti-corruption informing as a form of anti-corruption education: concept and content // Law enforcement monitoring. – 2015. – No. 2 (15). – P. 40-46.
11. Kabanov P.A. Anti-corruption consulting as a legal category and its content // Investigator. – 2015. – No. 8. – S. 14-20.
12. Boys N.A. Technology of anti-corruption education // State and law: theory and practice: materials of the IV Intern. scientific conf. (Kazan, March 2018). – 2018. – P. 3-6.
THEORY OF GOVERNMENT AND RIGHTS
YUNUSOV Abdulzhabar Agabalaevich
Ph.D. in Law, professor of Theory of state and law and international and European law sub-faculty of the Academy of Law and Management of the FPS of Russia
YUNUSOV Muslim Abdulzhabarovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Academy of Law and Management of the FPS of Russia
AKHVERDYAN Harutyun Gaykovich
Researcher of the Department for the development of methodologies for the execution of criminal penalties without deprivation of Liberty of the Center for the Study of the Problems of the Execution of Criminal Penalties and psychological support for the professional activities of employees of the penal enforcement system (FKU Research Institute of the Federal Penitentiary Service, Moscow), Lecturer at the Institute of the Academy of the Federal Penitentiary Service of Russia at the Department of Civil Law and Procedure, Ryazan, Russian Federation
THE ACTIVITY OF STATE AUTHORITIES IN THE FUNCTIONING OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA (IN THE CONTEXT OF THE SEPARATION OF BRANCHES OF THE SUPREME POWER)
The basic aspect of the formation of a modern state is the theory of separation of powers. Within the framework of this theory, State power is divided into legislative, executive and judicial branches. Each of these branches of governmentt has its own separate tasks and goals, but all together they carry out one basic goal – to create the foundations for a prosperous, high-quality and effective development of society and man. Thus, the authors in this article consider the issue of the influence of state structures on the functioning and modernization of the Criminal law enforcement system of Russia.
Keywords: State, law, convict, branches of government, legal duties, subjective rights, bodies and institutions, society, legislation, subject of law.
Work bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // Russian newspaper of December 25, 1993 – No. 237.
2. Decree of the President of the Russian Federation of October 13, 2004 No. 1314 “Issues of the Federal Penitentiary Service” // Collection of Legislation of the Russian Federation of October 18, 2004 – No. 42. -Art. 4109.
3. Gevorkyan M. V. Origins of the theory of separation of powers // Bulletin of the Pskov State Pedagogical University. Series: Social-humanitarian and psychological-pedagogical sciences. – 2010. – No. 11. – P. 116.
4. Prokofiev N. A. State power and its division: prospects for identifying atypical branches of power // Collection of scientific papers of the Law series. – 2020. – No. 2 (18). – S. 119.
5. Shagiev B. V. Problems of functioning of the Ministry of Justice of the Russian Federation in the system of separation of powers in Russia // Legal state: theory and practice. – 2015. – No. 4 (42). – S. 60.
THEORY OF GOVERNMENT AND RIGHTS
DARDA Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of General theoretical legal disciplines sub-faculty of the North Caucasus branch of the Russian State University of Justice
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON JUDICIAL ENFORCEMENT
The article is devoted to the study of the nature of artificial intelligence, identifying its strengths and weaknesses with direct participation in law enforcement activities. The author identifies the characteristic features of technologies related to artificial intelligence, which provide access to a large amount of information and expand the communication capabilities of each person, reveals their essence, positive and negative sides, as well as their impact on justice.
Keywords: artificial intelligence, law enforcement, judicial power, robot judge, neurotechnology, information technology.
Work bibliographic list
1. Aleshkova I.A., Molokaeva O.Kh. Judicial Power in the New Information Reality // State and Law in the New Information Reality. Collection of scientific papers. Moscow, 2018.
2. Zakhartsev S.I., Salnikov V.P. Robot Judge in Criminal Procedure: Good or Bad? // Legal science: history and modernity. 2018. No. 7.
3. Pashentsev D.A., Novikova K.S. Artificial intelligence as a subject of judicial interpretation // Education and Law. 2020. No. 7.
4. Pashentsev D.A. Features of law enforcement in the context of digitalization of public relations // Bulletin of St. Petersburg State University. Right. 2020. Vol. 11. Issue. one.
5. Pashentsev D.A. The impact of digitalization on the subject of law enforcement // Collection: Law and human rights in the modern world: trends, risks, development prospects. Proceedings of the All-Russian Scientific Conference dedicated to the memory of Professor F.M. Rudinsky. Under the general editorship of V.V. Stroeva, D.A. Pashentseva, N.M. Ladnushkina. Moscow, 2021.
6. Sycheva O.A. Common sense in judicial proof // Russian judge. 2019. No. 8.
7. Tavokin E.P. Artificiality of “artificial sociality” // Sociological research. 2019. No. 6.
8. Umnova-Konyukhova I.A. Judicial power and artificial intelligence: legal aspects of interaction. (Review). // Social and humanitarian sciences. Domestic and foreign literature. Ser. 4. State and law: abstract journal. 2021.
9. Filipova I.A. Neurotechnologies in law and law enforcement: past, present // Law enforcement. 2022. V. 6. No. 2.
10. Fedorenko S.P. Electronic platforms for the interaction of law enforcement agencies and civil society as a means of protecting the rule of law // Bulletin of the Faculty of Law of the Southern Federal University. 2020. V. 7. No. 3. S. 36-41.
HISTORY OF STATE AND LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty 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 ROLE OF PETER I IN SOLVING THE SOCIAL PROBLEMS OF THE COUNTRY’S POPULATION: THE CONNECTION OF THE HISTORICAL PAST IN RELATIONS BETWEEN THE STATE AND RELIGIOUS ASSOCIATIONS IN PENITENTIARY ACTIVITIES
The article examines the history of state reform, the creation of separate institutions for providing social assistance to the population of the country under the leadership of Peter I. The article describes the development of civil society at that time and assesses the activities of the emperor, who made one of the most significant contributions to the further development of Russia. The authors consider the impact of reforms on the activities of the penitentiary system and its interaction with representatives of the clergy, as well as the positive results of such interaction.
Keywords: Peter I, transformations, historical significance, the role of the state, reforms, social assistance to the population and convicts.
Work bibliographic list
1. Results of the survey on Peter I. [Electronic resource]. – Access mode: https://periskop.su/1576196.html (date of access: 06/05/2022).
2. The history of the emergence of psychological manipulations in the commission of crimes. Kechil D.I., Ananyeva Zh.N. Interaction of the penitentiary system with the institutions of civil society: historical, legal and theoretical and methodological aspects // Bulletin of the public research laboratory – 2021. – No. 21. – P. 92-98.
3. Formation of the system of state charity during the reign of Peter I. [Electronic resource]. – Access mode: https://student-servis.ru/spravochnik/stanovlenie-sistemy-gosudarstvennogo-prizreniya-vo-vremya-tsarstvovaniya-petra-i/ (date of access: 06/05/2022).
HISTORY OF STATE AND LAW
ABOLMASOVA Tatyana Evgenjevna
inspector of the Organizational and scientific department of the scientific center of the Academy of the FPS of Russia
THE ROLE OF THE “PRISON CARE SOCIETY” IN THE PROCESS OF HUMANIZATION AND REFORMATION OF THE PRISON SYSTEM IN RUSSIA IN THE XIX CENTURY
The article discusses some issues of the formation and development of the Prison Care Society, the reasons for its foundation, the main goals and objectives of its activities, participation in the activities of prison institutions, the process of humanizing the punitive and repressive policy of the state and reforming the prison system of Russia in the 19th century. A brief analysis of the conditions of detention of convicts in places of serving their sentences, and the measures taken by the clergy for the purpose of spiritual and moral correction of prisoners. Establishment of the Prison Trustee Society in 1819 and its further activities became the first attempt to attract the public to the problem of the activities of penitentiary institutions in Russia. The charitable activity of the Society was directed at improving the conditions of serving the execution of punishment, ensuring the re-socialization of convicts. Humanizing the conditions of serving sentences in prisons and encouraging criminals to repent, including through religious initiation, was the most important goal of the Society’s activities.
Keywords: Prison Care Society, penitentiary system, regime, material and technical support, GTU, humanization, reform of the prison system.
Work bibliographic list
1. Alekseev V. I. Prison reform in Russia in 1879 // Zhurn. grew up rights. – 2008. – No. 9. – P. 127-131.
2. Bachinin V. A. Penology and Christianity (On the right of the convict to a spiritual revival) // Modern Law. – 2008. – No. 2. – S. 28-31.
3. Gernet M. N. The history of the royal prison. Ed. 2. – T. 1. – 287 p.
4. The history of the execution of criminal penalties in prisons and colonies-settlements of Russia / L. F. Pertli et al. – M., 2010. – 113 p.
5. Leshchenko V. G. Dialectics of the development of religious influence on a convict sentenced to imprisonment in the Russian state // Vest. Chuvash. university – 2011. – No. 4. – P. 166.
6. Petrenko N. I., Nikiforova I. A. Influence of the prison guardian society on the domestic penitentiary system in the first half of the 19th century // Gaps in Russian legislation. – 2011. – No. 4. – S. 200-203.
7. Uporov I. V. The penitentiary policy of Russia in the XVIII-XX centuries. Historical and legal analysis of development trends. – St. Petersburg, 2004. – 608 p.
8. Fumm A. Prison architecture in pre-revolutionary Russia // Crime and punishment. – 2004. – No. 7.
9. Yadrintsev N. M. Russian community in prison and exile. – M., 2015. – 752 p.
HISTORY OF STATE AND LAW
Doronin Yuriy Petrovich
Ph.D. in historical sciences, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
THE DON MILITARY AVIATION MOTORISTS’ SCHOOL DURING THE CIVIL WAR PERIOD (1918-1920)
Based on the archive documents the article deals with little known events from the history of the White Guard air forces (aviation) during the Civil War period to train technical specialists for military air forces (aviation). As an example of these events the activity of aviation motorists’ school as a part of the Don Army located on the Don Republic territory is demonstrated.
Keywords: Civil War, Armed Forces in the South of Russia, the Don Army, the Don aviation, airplane, military pilot, military aviation motorists’ school.
Work bibliographic list
1. Krasnov P. N. The Great Don Army / Archive of the Russian Revolution. In 22 volumes. T. 5. – M .: Terra: Politizdat, 1991. – 362 p.
2. Russian State Military Archive (RGVA). – F. 39457. – Op. 1. – D. 400. – L. 20.
3. Unknown memoirs of V. G. Baranov about aviation on the Don: Dedicated to the 100th anniversary of Russian military aviation / Publ. A. V. Makhalina, A. A. Litvina // Russian Archive: History of the Fatherland in evidence and documents of the 18th-20th centuries: Almanac. – M.: Studio TRITE: Ros. Archive, 2009. – [T. XVIII]. – S. 497-556.
4. RGVA. – F. 39457. – Op. 1. – D. 405. – L. 11ob.
5. State archive of the Volgograd region (GAVO). – F. R-6611. – Op. 1. – D. 7. – LL. 175-176.
6. RGVA. – F. 40052. – Op. 1. – D. 15. – L. 9.
7. RGVA. – F. 40052. – Op. 1. – D. 3. – L. 6.
8. RGVA. – F. 39540. – Op. 1. – D. 273. – L. 100.
9. GAVO. – F. R-6611. – Op. 1. – D. 7. – L. 303.
10. RGVA. – F. 39540. – Op. 1. – D. 285. – L. 156.
11. RGVA. – F. 39457. – Op. 1. – D. 400. – LL. 2-3.
HISTORY OF STATE AND LAW
ELCHANINOVA Olga Yurjevna
Ph.D. in historical sciences, associate professor, senior researcher of the group of training of scientific, pedagogical and scientific personnel of the Office of the scientific secretary, adjunct, doctoral studies of the Scientific Research Institute of the FPS of Russia
ABOUT SOME FORMS OF SOCIAL SUPPORT FOR EMPLOYEES OF THE MAIN PRISON ADMINISTRATION OF THE RUSSIAN EMPIRE AND AT THE BEGINNING OF THE TWENTIETH CENTURY
This article examines the features of one of the forms of social support for employees of the Main Prison Administration at the beginning of the twentieth century – the activity of the savings and loan fund. Along with the increase in the monetary content of the classroom and lower ranks of the prison department, conducted by the government of Russia at the end of the 19th-early 20th century, improving the conditions of state pension provision for GTU employees, the introduction of non-state forms of pension provision through the possibility of participation of prison officers in the emerital cash register of the military land department, the GTU loan and savings bank contributed to improving the welfare of staff, as well as freelance employees of the State Technical University . The author concludes that such cash registers have a positive impact on improving the welfare of prison officials.
Keywords: General Prison Administration, prisons, social support, savings and loan fund.
Work bibliographic list
1. Varadinov N.V. History of the Ministry of the Interior. – St. Petersburg, 1862. – Part III. Book. 2.
2. Decree of the Government of the Russian Federation of April 29, 2021 No. 1138-r “On the Concept for the Development of the Penitentiary System of the Russian Federation for the Period until 2030” // Collected Legislation of the Russian Federation. May 17, 2021. No. 20. Art. 3397.
3. Code of laws of the Russian Empire. 1857. Vol. IV. Art. 16.
4. Charter of the Savings and Loan Bank of employees of the Saratov Provincial Prison Inspectorate and places of detention in Saratov [Electronic resource] – access mode: https://rusneb.ru/catalog/000199_000009_004351116/ (date of access: 07/12/2022).
5. Charter of the Savings and Loan Bank of Employees in the Main Prison Department // Prison Bulletin. – 1909. – No. 2. February. – S. 135-136.
HISTORY OF STATE AND LAW
RUDMAN Mark Naumovich
Ph.D. in historical sciences, master of law, associate professor of Theory of state and law sub-faculty of the Institute of Law of the Bashkir State University
TURIYANOV Artur Razimovich
legal adviser of the Municipal Unitary Enterprise “Centrorganization and competitive procedures” of the Ufa City district
IDEAS OF CONSTITUTIONAL CONTROL IN PRE-REVOLUTIONARY RUSSIA AND IN THE CONSTITUTION OF THE RSFSR OF 1918
The article analyzes the prerequisites, sources and features of the formation of the ideas of constitutional control in the domestic jurisprudence of the late XIX – early XX centuries. The main factors of interest in constitutional control among Russian jurists at the beginning of the twentieth century were the legislative reforms of the legislation of 1906 and 1918, which caused sharp discussions in the legal literature about the expediency and methods of exercising constitutional control.
Keywords: state law, constitutional control, liberal civilization, judicial control, dictatorship of the proletariat, revolutionary legal consciousness.
Work bibliographic list
1. Vitruk N. V. Constitutional justice. Judicial-constitutional law and process: Textbook. 4th ed., revised. and additional – M.: NORMA, 2012. – 591 p.
2. Grigoryeva N. V. Historical stages of the formation of constitutional control bodies in Russia // Bulletin of the Tomsk State University. Story. – 2020. – No. 65. – P. 5-12.
3. Gurvich G.S. History of the Soviet Constitution. – M .: Edition of the Socialist Academy, 1923. – 216 p. [Electronic resource]. – Access mode: https://www.prlib.ru/item/711459 (date of access: 01/17/2022).
4. Durdenevsky VN On the way to Russian federal law / V. Durdenevsky // Soviet law. – M.; Petrograd, 1923. – No. 1. – S. 20–35. [Electronic resource]. – Access mode: https://naukaprava.ru/catalog/435/550/579424/37665?view=1 (date of access: 01/17/2022).
5. Constitution (Basic Law) of the Russian Socialist Federative Soviet Republic. July 10, 1918 // Soviet constitutions. Reader. In 4 parts. Part 1. The first Soviet republics, 1918-1922 / Comp. D. V. Kuznetsov. – Blagoveshchensk: Blagoveshchensk State Pedagogical University, 2015. – P. 14-21 [Electronic resource]. – Access mode: http://istfil.bgpu.ru/ (date of access: 01/17/2022).
6. Kotlyarevsky SA Power and law: the problem of the rule of law. – M .: Printing house “Thought” N. P. Mesnyankin and Co., 1915. – 417 p. [Electronic resource]. – Access mode: https://search.rsl.ru/ru/record/01004205845 (date of access: 01/17/2022).
7. Kramarzh K. P. Fundamentals of the Constitution of the Russian State // Archive of the Russian Revolution, published by I. V. Gessen: reprint. playback – M.: Terra, 1991. – T. I. – S. 263-287.
8. Kochetkov V. V. Forms of government in the domestic political and legal thought of the second half of the 19th — early 20th century and modern Russian constitutionalism // Lex russica (Russian law). – 2017. – No. 2. – P. 155-165.
9. Kudinov O. A. Problems of the constitutional state in the works of Russian scientists at the beginning of the 20th century. // Law and state: theory and practice. – 2005. – No. 5. – S. 125-134.
10. Lomtseva M. L. Russian and American systems of constitutional judicial control: a comparative legal study: 12.00.02: Dis. … cand. legal Sciences. – Yekaterinburg, 2004. – 231 p.
11. Malinovsky A. A. Methodology of comparative law // Bulletin of the University named after O. E. Kutafin (MSLA). – 2016. – No. 3. – P. 9-24.
12. Mirzoev S. B. Formation and development of the Soviet system of constitutional supervision and control (historical and legal aspect) // Legal science: history and modernity. – 2012. – No. 7. – P. 124-132.
13. Mityukov M. A. On the history of constitutional justice in Russia. – M.: Acad. labor and social relations, 2002. – 167 p.
14. Mityukov M. A. M. A. Reisner on constitutional judicial control // Legal problems of strengthening Russian statehood: a collection of articles: dedicated to the 140th anniversary of Tomsk State University and the 120th anniversary of legal education in Siberia. – Tomsk, 2018. – Ch. 77. – S. 61-73.
CONSTITUTIONAL LAW
Alieva Umzakhrat Temirbolatovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
KAKHRUMANOVA Sharifa Abusupyanovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Economics and law and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
THE RIGHT TO HEALTH DURING A PANDEMIC
The ongoing COVID-19 pandemic forces the state, public organizations, scientific communities of various fields and directions to pay attention to the protection of human health. The pandemic dictates the need to introduce certain restrictions in the established constitutional right to health related to the risk of infection. In this connection, it is necessary to specify at the legal level the obligations of the States to ensure the right to health for everyone without any discrimination in the event of similar global threats in the field of health protection.
Keywords: Pandemic, law, health, restriction, protection.
Work bibliographic list
1. “Universal Declaration of Human Rights” (adopted by the UN General Assembly on 10.12.1948)). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_120805/
2. International Covenant on Economic, Social and Cultural Rights (ICESCR) http://www.consultant.ru/document/cons_doc_LAW_120805/
3. WHO constitution. World Health Organization: official site. [Electronic resource]. – Access mode: https://www.who.int/ru (accessed 1.08.2022).
4. European Convention on Human Rights (Convention for the Protection of Human Rights and Fundamental Freedoms, ECHR). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_ /
5.Shvets Yu. Yu. Significance of a person’s constitutional right to health care in relation to other constitutional rights on the example of a selected country // Humanitarian, socio-economic and social sciences. – 2019. – No. 12.
6 Chebykina N. R., Lyamina K. A. Implementation of human rights in the context of the COVID-19 pandemic. – Text: direct // Law enforcement. – 2021. – V. 5. – No. 3. – S. 112-125. – DOI: 10.52468/2542-1514.2021.5(3).
7. The ECtHR ruled in the case of Asiye Genc v. Turkey. [Electronic resource]. – Access mode: http://vuzirossii.ru/publ/informacija_o_postanovlenii_espch_ot_27_01_2015_azije_gench_asiye_genc_protiv_turcii_zhaloba_n_24109_07/32-1-0-2182
8. Inter-American Court of Human Rights (ICtHR) in Poblete Vilches and Others v. Chile. [Electronic resource]. – Access mode: https://academia.ilpp.ru/wp-content/uploads/2021/10/MP1252018-003-019-Parra-Vera-Tarre-Moser.pdf
9. Klishas: the introduction of mandatory vaccination will not violate the Constitution. – Text: electronic // Kommersant. – 2021. – November 10. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5065188 (date of access: 08/03/2022).
10. On the National Security Strategy of the Russian Federation: Decree of the President of the Russian Federation dated July 02, 2021 No. 400 // Collection of Legislation of the Russian Federation. 2021. No. 27 (part II). Art. 5351.
11. Montesquieu C. L. de. On the spirit of laws // Montesquieu Sh. L. de. Selected Works / Common. ed. and intro. article by prof. M. P. Baskin. Moscow: Gospolitizdat, 1955. S. 159-733.
CONSTITUTIONAL LAW
BUDZISHVILI Tsira Zurabovna
competitor of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
REPRESENTATIVENESS AS ONE OF THE FUNDAMENTAL FEATURES OF YOUTH PARLIAMENTARISM
This article analyzes representativeness as one of the main features of youth parliamentarism, which has received legal formalization in legislation which governs the activities of youth parliaments in the regions of the Russian Federation. The Youth Parliament is a system of representation of the rights and objective interests of young people. Representativeness as a sign is considered through various characterizations, such as the age of representatives of youth parliaments, their amount, as well as territorial affiliation. An analysis of the normative legal acts regulating the activities of youth parliaments shows a lack of uniformity in the regions of the Russian Federation.
Keywords: representativeness, parliamentarism, youth parliamentarism, the subject of youth parliamentarism, a sign of youth parliamentarism.
Work bibliographic list
1. Bezrukov A.V. Parliamentary law and parliamentary procedures in Russia: textbook: 3rd ed., revised and supplemented. -M.: Yustits-inform, 2018. – 144 p.
2. Grankin I.V. The main features of legislative bodies // Constitutional and municipal law. – 2007. – No. 5.
3. Evstratova T.A. Fundamentals of youth policy: textbook. – M.; Berlin: Direct-Media, 2018. – 243 p.
4. Erygina V.I. Study of the essence and signs of parliamentarism in domestic legal science // State power and local self-government. – 2010. – No. 3.
5. Mogunova M.A. Parliamentarism: concept, essence, principles // Center for Public Law Research. – M., 2008.
6. Hovsepyan Zh. Parliament as the basis of a democratic constitutional system (problems and prospects for development in the Russian Federation) // Comparative constitutional review. – 2007. – No. 2 (59).
7. Parliamentarism: history, theory, technology: collective monograph / ed. R.A. Romashova. – St. Petersburg: Aleteyya, 2022. – 202 p.
8. Parliamentarism: textbook / Ed. IN AND. Dobrosotsky. – M.: Master, 2020. – 264 p.
9. Parliamentary law of Russia / Otv. ed. A.N. Kokotov. – Yekaterinburg, 2008. – S. 23-27.
10. Samokhvalov N.A. Models of youth representation as ways to increase youth participation in the socio-political life of the Russian state // Actual problems of the present: science and society. – 2016. – No. 2 (11). – S. 22-26.
11. Tumurov Zh.T. Youth parliamentarism is a form of youth policy implementation: Abstract of the thesis. dis. … cand. polit. Sciences. – Chita, 2013.
12. Fursov O.B. Youth parliamentarism of modern Russia. – Samara, 2006. – 168 p.
13. Chirun S.N. Institutional models and current forms of modern youth parliamentarism on the example of Russia // Bulletin of the Kemerovo State University. – 2015. – No. 2-2 (62). – S. 89-93.
14. Yusov S.V. Organizational and legal basis for the creation and operation of youth parliaments in the Russian Federation. – M.: RTSOIT: Krona, 2009. – 146 p.
CONSTITUTIONAL LAW
IVANNIKOV Ivan Andreevich
Ph.D. in Law, Ph.D. in political sciences, professor, Dean of the Faculty of Law of the Sochi Institute (branch) of the Peoples’ Friendship University of Russia
OSTAPOVICH Igor Yurjevich
Ph.D. in Law, professor of Constitutional law sub-faculty of the Ural State Law University
PECULIARITIES OF LOCAL SELF-GOVERNMENT IN THE FEDERAL TERRITORY OF “SIRIUS”
The paper reveals the peculiarities of local government in the federal territory “Sirius”. It is noted that the public authorities of the federal territory “Sirius” perform state and municipal functions. The participation of citizens in the formation of public authorities of the federal territory “Sirius” in accordance with the Federal Law is limited, so they do not choose half of the members of the Council and the head of the Council of the federal territory “Sirius “. Citizens residing in the federal territory “Sirius” are allowed to participate in a referendum on issues of local importance in the federal territory “Sirius”. At the same time, the subject of the referendum when solving issues of local significance does not include issues related to international relations, but can solve economic issues related to construction, as well as the rights, freedoms and obligations of the population of the federal territory Sirius. Inclusion of the referendum among the forms of participation of the population in the governance of the federal territory “Sirius” will not be a political sensation, but a means of legitimizing the public functions of the authorities of the federal territory “Sirius”.
Keywords: local government, federal territory “Sirius”, public authorities.
Work bibliographic list
1. Ivannikov I. A. The procedure for the dismissal of heads of municipalities in the Russian Federation: theory and practice // Interaction of government, business and society in law-making activities: Proceedings of the XIII International Scientific and Practical Conference, Saratov, July 02, 2020. – Saratov: Publishing house “Saratov source”, 2020. – P. 109-112.
2. Ostapovich I. Yu. The Constitutional Court of the Russian Federation and the problems of “transformation” of the Russian Constitution in the field of local self-government formation // Bulletin of the Saratov State Law Academy. – 2017. – No. 3 (116). – S. 46-50.
CONSTITUTIONAL LAW
KULIKOVA Yuliya Albertovna
Ph.D. in Law, associate professor of Management sub-faculty of the Institute of Economics and Management Agrarian and Industrial Complex of the Russian State Agrarian Correspondence University, Moscow Region, Balashikha
CONSTITUTIONAL AND LEGAL BASIS FOR SOCIAL ASSISTANCE TO LARGE FAMILIES IN THE RUSSIAN FEDERATION
The article draws attention to the topic of large families in Russia, to the increase in their role in modern society, to the importance and importance of their support from the state.
The concept of “large family,” general and distinctive features, features and varieties inherent in specific subjects of the Russian Federation, has been analyzed and disclosed at the federal and regional levels. A brief description of social assistance to large families by the authorities, its types and areas of application is given.
Keywords: large families, social protection, Russian regions, federal level, benefits and benefits, motherhood and childhood.
Work bibliographic list
1. Kardanova I. V., Astafieva M. V. On the issue of state support for large families in Russia // International scientific journal. Young scientist. – 2018. – No. 49. – P. 130-134.
2. Tkachenko V. E. Organization of social work with large families // International scientific journal. Young scientist. – No. 30 (320). Part 4. – July 2020. – P. 246-249.
CONSTITUTIONAL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, senior lecturer, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
THE CONCEPT AND ESSENCE OF DIRECT DEMOCRACY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT AS A POLITICAL AND LEGAL PHENOMENON IN CONDITIONS OF MODERN LEGAL REALITY
The Russian Federation, proclaiming democratic principles, assigns to the people, as a source of power, an important role in participating in state and municipal affairs. This role should be especially active at the local level, since it is the citizens of a particular municipality who know more than others about its pressing problems and are able to solve them. To this end, the system of local self-government provides for the institution of direct democracy, which allows citizens to directly influence the decision of the most important issues. However, the current state of this institution leaves much to be desired. The article discusses the concept and essence of direct democracy in the system of local self-government in modern conditions, analyzes the reasons for the inadequate use of the institution in question, and makes proposals for harmonizing and normalizing the current situation.
Keywords: direct democracy, local self-government, concept, essence, civil society, democracy.
Work bibliographic list
1. Baulina E. I. Direct democracy in the system of local self-government // Bulletin of the Chelyabinsk State University. – 2018. – No. 2. – S. 27-33.
2. Koneva N. S. People’s sovereignty and independent democracy as social and legal priorities of modern Russia // Bulletin of the Chelyabinsk State University. – 2019. – No. 15. – P. 10-15.
3. Sharafutdinov A. Sh., Khafizova D. M. “Political nihilism” as a model of political behavior // Socio-political sciences. – 2019. – No. 3. – P. 135-137.
CONSTITUTIONAL LAW
PRIVALOVA Ekaterina Alekseevna
student of the Faculty of Law of the Mari State University
MIKHEEVA Tatyana Nikolaevna
Ph.D. in Law, professor of Constitutional and administrative law sub-faculty of the Mari State University
ON THE ISSUE OF IMPROVING THE LEGAL REGULATION OF PUBLIC CONTROL
The article examines the problems arising in law enforcement practice of the implementation of public control over the activities of local self-government bodies. The normative legal acts regulating the conduct of public control over the activities of local self-government bodies are analyzed. Based on the results of the study, proposals are formulated to amend Federal Law No. 212-FZ of 07/21/2014.
Keywords: constitutional rights of citizens, public control, local self-government agencies, population, subjects of control.
Work bibliographic list
1. Avakyan S. A. On the effectiveness of public control in the Russian Federation // Problems of implementing public control at the level of local government: collection of materials of the international scientific and practical conference, September 26-27, 2016 – Yoshkar-Ola: Vertola LLC, 2016. – S. 7-10.
2. Mikheev D. S. Local self-government and public control // Eurasian legal journal. – 2018. – No. 5 (120). – S. 139-141.
3. Mikheev D. S. Information openness of local governments // Constitutional and municipal law. – 2016. – No. 10. – P. 64-68.
4. Mikheev D.S. Glasnost and awareness of the population about the work of local governments: the constitutional and legal aspect // Mariyskiy yuridicheskiy vestnik. – 2014. – No. 11. – P. 18-23.
5. Mikheev D.S., Dudko I.G. Public control and publicity of local government // Bulletin of the Mari State University. Series Historical Sciences. Legal Sciences. – 2015. – No. 2 (2). – S. 76-79.
6. Mikheev D.S. Glasnost and public control over the activities of government at the municipal level // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. – 2015. – No. 6 (56). – S. 136-139.
7. Mikheev D.S. Institute of public control over local governments in Russia: genesis and development trends // Uchenye zapiski Kazanskogo universiteta. Humanitarian sciences. – 2011. – Volume 153. – Book. 4. – S. 69-76.
CONSTITUTIONAL LAW
SNAROVA Ekaterina Anatoljevna
postgraduate student of the Nizhny Novgorod Institute of Management of the RANEPA under the President of the Russian Federation, lawyer, partner of «Kotin & Partners»
FEATURES OF REGULATION OF CONSUMER RELATIONSHIPS: FROM THEORY TO PRACTICE
The author of the study touches upon the issue of the usefulness of the regulation of consumer relations, emerging against the background of practical consideration of the principles of observance of consumer rights, as well as the interests of representatives of the business sector. The main issue of the study was the issue of balancing the powers of the parties – the consumer and the seller (manufacturer), as well as the need to take into account their interests in the context of building a general legal ideology aimed at creating an effective consumer environment. The main in the development of such relations is the weak development of the legislative problem position on the issue of determining the signs of such a phenomenon as abuse of the right by the consumer.
Keywords: consumer, seller, abuse, obligations, powers, legislative influence, judicial practice.
Work bibliographic list
1. Lysova-Bakhareva Yu. V. Ensuring the equality of rights of borrowers-consumers in legal relations with creditors and lenders: legal regulation and judicial practice // Property relations in the Russian Federation. – 2022. – No. 1 (244). – S. 83-100.
2. Bezlepkin P. A. Consumer rights as a factor in the regulation of entrepreneurial activity: dis. … cand. legal Sciences. Specialty 12.00.03. Civil law. Family law. Entrepreneurial Law. International private law. – Moscow, 2011. – 197 p.
3. Bykov M. A. Ways of abuse of the right by consumers and the possibility of dealing with them // Academic journalism. – 2022. – No. 1-2. – S. 157-162.
4. Matvienko E. S. Features of studying the protection of consumer rights in the course of the economy of the social sphere under the prism of the realization of the right to education // Chelovek. Society. Culture. Socialization: Proceedings of the XVII International Youth Scientific and Practical Conference, Ufa, April 23-24, 2021. – Ufa: Print + LLC, 2021. – P. 510-515.
CONSTITUTIONAL LAW
KHAYROV Ayrat Damirovich
postgraduate student of Constitutional and administrative law sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
ENSURING THE IMPLEMENTATION OF THE PRINCIPLE OF TRANSPARENCY IN THE ACTIVITIES OF THE SUPREME EXECUTIVE BODIES OF THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION
The article considers the mechanism of implementation of the principle of transparency in the executive branch of government, which in the constituent entities of the Russian Federation are headed by the highest executive bodies of state power. The author analyzes the means of ensuring the principle of transparency in the activities of bodies integrated system of public administration. Information, organizational, legal means are disclosed. The concepts under consideration are presented.
Keywords: principle of publicity, executive power body of the subject of the Russian Federation, supreme executive body of the state power of the subject of the Russian Federation, organizational means, information and legal means.
Work bibliographic list
1. Shundikov K. V. Purposes of the means in the law: author. dis. … cand. legal Sciences. – Saratov, 1999. – S. 24.
2. Sapun V. A. Activity on the use of legal means in the implementation of Soviet law // Problems of implementation of the law. – Sverdlovsk, 1990. – S. 10.
3. Popinov P. V. Legal means of regulating market relations in modern Russia: author. dis. … cand. legal Sciences. – Lower. Novgorod, 2005. – S. 7.
CONSTITUTIONAL LAW
GATSOLAEVA Aleftina Khadzibekirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the K. L. Khetagurov North Ossetian State University
PROKOPENKO Roman Evgenjevich
magister student of the 2nd year of study of the program “Constitutional Law; Municipal Law” of the Faculty of Law of the K. L. Khetagurov North Ossetian State University
CONSTITUTIONAL AND LEGAL BASIS FOR THE PARTICIPATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION IN THE LEGISLATIVE PROCESS
The article discusses the constitutional and legal foundations for the participation of the President of the Russian Federation in the legislative process as a subject of legislative initiative. The analysis carried out made it possible to characterize the legislative activity of the President of the Russian Federation as moderately average. This is largely due to the quality and relevance of presidential initiatives. The right of legislative initiative belonging to the President of the Russian Federation, in contrast to the powers in this direction of the presidents of other countries, should be recognized as a multifaceted phenomenon.
Keywords: constitution, president, government, federal assembly, state duma, parliament, separation of powers, legislative initiative, bill, lawmaking.
Work bibliographic list
1. Avakyan S. A. Federal Assembly – Parliament of Russia. – M., 1999. – S. 279.
2. Arzamasov Yu. G. Realization of the right of legislative initiative in modern Russia: legal regulation, problems, practice // State and Law. – 2018. – No. 5. – P. 5-6.
3. Bobrova N. A. 20 years and 20 shortcomings of the Constitution of Russia // Constitutional and municipal law. – 2013. – No. 3. – S. 33-34.
4. Gogurchunov B. I. Interaction of public authorities in the constituent entities of the Russian Federation in the implementation of the principle of separation of powers // Legal Bulletin of the DSU. – T. 21. – 2017. – No. 1. – P. 31-32.
5. Ivanov KK Peculiarities of the legislative process in foreign countries (on the example of France). — Text: direct // Young scientist. – 2012. – No. 3 (38). – S. 291-294. [Electronic resource]. – Access mode: https://moluch.ru/archive/38/4353/ (date of access: 06/09/2022).
6. Krasnova OI The concept and essence of the federal legislative process of the Russian Federation. Dis. … cand. legal Sciences. – Makhachkala, 2005.
7. Mazaev VD, Minkh GV Legislative initiative as a tool for the implementation of the constitutional powers of the President of the Russian Federation. [Electronic resource]. – Access mode: https://wiselawyer.ru/poleznoe/72004-zakonodatelnaya-iniciativa-instrument-realizacii-konstitucionnykh-polnomochij-prezidenta (date of access: 06/08/2022).
8. Minkh GV Legislative initiative of the President of the Russian Federation as a constitutional and legal institution // Journal of Russian law. – 2016. – No. 1. – P. 90.
9. Nevinsky V. V. The essence of presidential power in Russia in the works of Professor E. I. Kozlova. — Text: direct // Actual problems of Russian law. – 2020. – No. 15 (3). – S. 65-73.
10. Article-by-article commentary on the Constitution of the Russian Federation / ed. L. A. Okunkova. – M., 1994.
11. Polenina SV Legislation in the Russian Federation. – M., 1996. – S. 115.
12. Comparative constitutional law. – M., 1996. – S. 568-569.
13. Chekharin VI Legislative process: the right of legislative initiative // Theoretical problems of Russian constitutionalism. – M., 2000. – S. 162.
14. Kutafin O. E. Head of State a. – M., 2012. – S. 27-28.
CONSTITUTIONAL LAW
FEDOTOV Nikita Egorovich
magister student of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University
PECULIARITIES OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN RUSSIA AND IN FOREIGN COUNTRIES
Approaches to the solution of the issue of legal regulation of artificial intelligence in Russia and in foreign countries differ significantly. Although at a legislative level the various normative legal acts directed on an establishment of legal bases of development of an artificial intelligence are accepted, there is a question: whether the existing acts are sufficient for the permission of a problem of legal regulation of an artificial intelligence and whether they contain defects and gaps? In addition, foreign experience of artificial intelligence regulation is advanced in contrast to Russia. In this regard, the regulation of certain areas of artificial intelligence based on already existing foreign experience will allow to solve a few problems associated with the legal regulation of artificial intelligence in Russia, such as consolidation of the legal regime of robot-couriers from «Yandex “.
Keywords: artificial intelligence, legal regulation, legal robot mode of operation, experimental legal mode, legal liability.
Work bibliographic list
1. Agafonov A.S. Constitutional and legal regulation in the context of the development of artificial intelligence, information wars and cyberspace // In the collection: Ural Forum of Constitutionalists. Materials of the Fifth Ural Forum of constitutionalists. Yekaterinburg, 2020. S. 142-150.
2. Andreeva G.N. Problems of legal regulation of artificial intelligence in Russia // Russia: trends and development prospects: yearbook: materials of the XX National scientific conference with international participation, Moscow, December 14-15, 2020. Moscow: Institute of Scientific Information for the Social Sciences of the Russian Academy of Sciences, 2021, pp. 501-504.
ADMINISTRATIVE LAW
ALFEROV Sergey Nikolaevich
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University
GROUNDS FOR ADMINISTRATIVE LIABILITY FOR ILLEGAL REMUNERATION ON BEHALF OF A LEGAL ENTITY (ARTICLE 19.28 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION)
The article discusses the normative, factual and procedural grounds for administrative liability for illegal remuneration on behalf of a legal entity. The content of the prohibitions enshrined in the disposition of Art. 19.28 of the Code of Administrative Offenses of the Russian Federation, the violation of which entails the onset of administrative responsibility; based on the analysis of judicial practice, the features of the manifestation of objective signs of this offense, as well as the implementation of proceedings in cases of administrative offenses of this category, are highlighted. Proposals have been made to optimize the norms on administrative responsibility for an offense under Art. 19.28 Administrative Code of the Russian Federation.
Keywords: grounds for administrative responsibility, administrative corruption offenses, illegal remuneration on behalf of a legal entity, proceedings on administrative offenses.
Work bibliographic list
1. Budgets of subjects of the Russian Federation in figures. [Electronic resource]. – Access mode: https://bujet.ru/article/396309.php/ (date of access: 08/01/2022).
2. Review of the judicial practice of considering cases of bringing to administrative responsibility under Article 19.28 of the Code of Administrative Offenses of the Russian Federation: approved by the Presidium of the Supreme Court of the Russian Federation on July 8, 2020. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_356810/ (date of access: 08/01/2022).
3. Report on the work of courts of general jurisdiction in the consideration of cases of administrative offenses for 12 months of 2019, 2020, 2021: form No. 1-AP. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=5671 (date of access: 08/01/2022).
ADMINISTRATIVE LAW
ANDRYUSHCHENKO Tatyana Ivanovna
Ph.D. in Law, Head of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
TYAPKOV Alexander Dmitrievich
senior lecturer of Fire training sub-faculty of the Volgograd Academy of the MIA of Russia
ABOUT SOME ASPECTS OF THE STATUS OF A CITIZEN AS A SUBJECT OF ADMINISTRATIVE RESPONSIBILITY
The article deals with the issue of the administrative and legal status of citizens. Sufficiently detailed coverage of this issue was received in the late 70s – early 80s of the 20th century, nowadays it does not have a single justification and expression in science. By some authors, the existence of the problem is limited only to the participation of citizens in public administration. When determining the legal status of a citizen and (or) a person (person) in the Russian Federation, the legislator does not put an equal sign between them. In particular, a citizen has more rights and obligations in relation to a person. Only citizens of the Russian Federation have access to public service. The administrative and legal status and position of citizens of the Russian Federation is determined by the scope and nature of civil legal personality, which is and is formed by administrative capacity and legal capacity.
Keywords: subjects of administrative responsibility, citizen, individual, legal status, rights.
Work bibliographic list
1. Akhmedov B. A. Problems of regulation of the administrative and legal status of a citizen in the Russian Federation // Public service and personnel. – 2021. – No. 3. – P. 51-53.
2. Kopytov Yu. A. Administrative law: a textbook for academic baccalaureate. – 2nd ed., revised. and additional – M.: Yurayt, 2015. – P. 137.
3. Sheina I. A. Legal capacity and legal capacity of subjects of administrative law // Unique studies of the XXI century. – 2015. – No. 5 (5). – S. 234–243.
4. Golovenko G. Yu. Modern social prerequisites for the study of the institution of citizenship as an element of the structure of the administrative-legal status of the individual // Yurist-Pravoved. – 2015. – No. 1 (68). – S. 127-129.
5. Knyazev S. D. Decree. op. – P. 15.
6. Bratanovsky S. N., Kondzhakulyan K. M., Bratanovskaya M. S. Administrative law of Russia: textbook. – M.: RIOR: INFRA-M, 2019. – P. 98.
7. Skuratov Yu. I. Constitution of the Russian Federation. Doctrinal commentary (by article) // M. P. Avdeenkova, A. N. Golovistikova, L. Yu. Grudtsyna and others; hands ed. count Yu. A. Dmitriev, researcher ed. Yu. I. Skuratov. – 2nd ed., rev. and additional – M.: Statut, 2013. – P. 91.
ADMINISTRATIVE LAW
KOVALENKO Eduard Vitaljevich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
MANDRYKA Yuliya Sergeevna
lecturer of Criminal process sub-faculty of the Rostov Law Institute of the MIA of Russia, major of police
RELATIONSHIP OF ADMINISTRATIVE LAW WITH OTHER SYSTEMS OF LAW
Administrative law is in interaction with all other branches of law of the Russian Federation. Administrative law, the main purpose of which is the implementation of all legal acts regulating its scope of action in the field of functioning of executive authorities and, in general, all aspects of the life of society, inevitably interacts with other branches of law.
Keywords: administrative law, law, interaction, legislation, legal relations.
Work bibliographic list
1. Popov I. N. Legal foundations of the Russian state. Constitutional and administrative law. Tutorial. – Barnaul, 2010. – P. 48.
2. Pilipenko A. N. Comparative constitutional and administrative law: from the origins to the present // Journal of foreign legislation and comparative law. – 2015. – No. 5 (54). – S. 746-751.
3. Shafirov V. M. Constitutional and municipal law. constitutional litigation. Administrative Law and Administrative Responsibility // Legal Science: History and Modernity. – 2017. – No. 6. – P. 59-65.
4. Tsvyrko E. V. The place of administrative law in the legal system // Modern scientific research and development. – 2017. – No. 9 (17). – S. 508-510.
5. Abdullaeva I. G. The place of administrative law in the legal system // Modern scientific research and development. – 2017. – No. 8 (16). – S. 24-26.
ADMINISTRATIVE LAW
KRIVITSKIY Dmitry Evgenjevich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
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 police
METHODS AND TECHNIQUES FOR DETERMINING THE DEGREE OF ALCOHOL INTOXICATION OF THE DRIVER OF THE VEHICLE
The article is devoted to the consideration of issues related to determining the degree of alcohol intoxication of vehicle drivers, established by legislative and other regulatory legal acts. Taking into account the presence of various persons in respect of which it is planned to conduct an examination for the state of intoxication, a comparative legal analysis of the methods and techniques for determining the degree of intoxication is carried out. Based on the results obtained, a classification of the varieties of the state of intoxication is proposed, some of which have distinctive features.
Keywords: vehicle driver, Code of Administrative Offenses of the Russian Federation, quantitative characteristics of the state of alcoholic intoxication, narcotic drugs, legal definition of the state of intoxication.
Work bibliographic list
1. Gaytov E. Sh. Examination of the state of intoxication as a measure of administrative and legal coercion: Abstract of the thesis. dis. … cand. legal Sciences. – Rostov n / D., 2008. – P. 7.
2. Dmitriev S. N. Go there – I don’t know where, or gaps in the legal framework that ensures safe road traffic in Russia // Modern law. – 2002. – No. 10. – S. 28-37.
3. Kosyrev E. V. Methods for detecting drunk drivers // Law: history, theory, practice: materials of the V Intern. scientific conf. – St. Petersburg: Own publishing house, 2017. – P. 12-17.
4. Khametdinova G. F. Tactics of identifying persons driving vehicles while intoxicated // X international scientific and practical conference “Management of activities to ensure road safety. – Orel: OryuI of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2016. – S. 399-403.
5. Kalyuzhny Yu. N. Road traffic safety in the system of national security of the Russian Federation // Bulletin of economic security. – 2016. – No. 2. – P. 129-134.
6. Gavrilin S. A. Content aspects of awareness of the population and traffic police officers about ongoing mass checks of drivers to identify signs of intoxication // Humanitarian, socio-economic and social sciences. – 2014. – No. 8. – P. 87-90.
7. Kalyuzhny Yu. N. Modern directions of ensuring road safety in the Russian Federation for the medium term // Police activity. – 2017. – No. 3. – S. 1-9.
8. Levchenko A. L. On the issue of improving the legal framework governing the activities of the State traffic inspectorate // Problems of improving the activities of the State traffic inspectorate: Sat. scientific works of SIC GAI. – M., 1997. – S. 15-16.
9. Zyryanov S. M. Administrative supervision in the field of road safety: Avtoref. dis. … cand. legal Sciences. – M., 2001. – S. 13.
10. Ivanova OA Administrative responsibility of road users for offenses committed while intoxicated: Dis. … cand. legal Sciences. – Omsk, 2004. – S. 124.
ADMINISTRATIVE LAW
KULAKOV Nikolay Andreevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the St. Petersburg University of the MIA of Russia
GRIPP Elvina Kharisovna
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
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
MONITORING OF LAW ENFORCEMENT IN THE RUSSIAN FEDERATION: CONCEPT, GOALS, EFFECTIVENESS
The study is dedicated to the Institute for Monitoring Law Enforcement in the Russian Federation. The authors formulated the concept of monitoring law enforcement, clarified its goals. During the study, a conclusion was formulated about the need for a systematic approach to determining the concept of monitoring law enforcement, its goals and objectives, types, functions, subjects of its implementation and securing these positions at the level of federal legislation.
Keywords: monitoring of law enforcement, the rule of law, the effectiveness of law, law-making, rule-making.
Work bibliographic list
1. Berg LN Monitoring law enforcement practice // Business, management and law. – 2009. – No. 1 (18). – S. 78-82.
2. Zhuzhgov I. V. Monitoring of the legal space of the Russian Federation: author. dis. … cand. legal Sciences. – Stavropol, 2006. – 232 p.
3. Mironov S. M. Theory and practice of monitoring the legal space and law enforcement practice: results and prospects // Bulletin of the Federation Council. Monitoring of law in the Russian Federation. – 2006. – No. 4-5. – P. 5-9.
4. Neveselov A. A. Legal monitoring and state policy: Theoretical and legal foundations of interaction: author. dis. … cand. legal Sciences. – Rostov-on-Don, 2009. – S. 8-15.
5. Gorokhov D. B., Radchenko V. I., Chernogor N. N. et al. Legal monitoring: actual problems of theory and practice: monograph / Ed. N. N. Chernogora. – M.: Publishing House of the International Law Institute, 2010. – 232 p.
6. Tikhomirov Yu. A. Organization and conduct of legal monitoring // Law and Economics. – 2006. – No. 10-18.
ADMINISTRATIVE LAW
MURTAZINA Achena Andreevna
adjunct of the Academy of Management of the MIA of Russia
ABOUT SOME PROBLEMS IN AUTHORITY OF JUVENILE UNIT MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
In this article, “About some problems in authority of Juvenile Unit Ministry of Internal Affairs of Russia”, the author examines the problems arising in the activities of Juvenile Unit (JU) employees of the Ministry of Internal Affairs of Russia in the field of prevention of neglect and juvenile delinquency, including when interacting with other bodies for the prevention of neglect and juvenile delinquency that are not part of internal affairs system, as well as the existing gaps in legislation, which make it difficult to make a prompt and legal decision.
In particular, the author analyzes the problems that arise with JU inspectors when arranging for a minor who is intoxicated; bringing to responsibility for substance abuse; applying administrative penalties against parents and other legal representatives of minors who improperly fulfill their duties for care and upbringing of their children, and others.
The author focuses on the problems of JU activity in hard-to-reach and geographically remote settlements during preventive work with registered persons, which negatively affect the timing and quality of the work. The author argues that the reason behind those problems is the lack of authority among JU employees, which is critically needed for the prompt solution.
It is particularly noted that the mechanism for countering and preventing substance abuse in the adolescent environment is ineffectively configured at the legislative and household level.
It is concluded that the problems that complicate the activities of the JU for the prevention of neglect and juvenile delinquency require a comprehensive study and solution in law-making and law enforcement practice.
Keywords: juvenile offender, inspector for juvenile affairs, juvenile affairs unit.
ADMINISTRATIVE LAW
SYSOLETINA Oksana Georgievna
adjunct of the Management Academy of the MIA of Russia
THE LEGAL BASIS OF THE ACTIVITIES OF INTERNAL AFFAIRS BODIES TO ASSIST THE VOLUNTARY RESETTLEMENT TO RUSSIA OF COMPATRIOTS LIVING ABROAD
The article studies the peculiarities of the legal regulation of the administrative activities of the Internal Affairs bodies to assist the voluntary resettlement of compatriots living abroad to Russia. The study examined the work done with compatriots living in the Russian Federation, as well as in foreign countries, identified problems in the existing legal and organizational mechanisms governing the process of resettlement of compatriots to the Russian Federation. Based on the analysis, ways of solving problems aimed at improving the activities of these bodies have been formulated.
Keywords: assistance, compatriots, implementation, migration, voluntary resettlement, regulatory mechanism, administrative activities.
Work bibliographic list
1. Kornyushkina A.Yu. Federal program in the system of constitutional guarantees of subjective rights: dis. … cand. legal Sciences: 12.00.02. – Belgorod, 2018.
ADMINISTRATIVE LAW
PANIN Yuriy Ivanovich
Ph.D. in law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of the FPS of Russia
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of the FPS of Russia
THE INDUSTRY-WIDE CONCEPT OF OFFICIAL: PROBLEM STATEMENT AND SOLUTIONS
The article discusses the provisions of regulatory legal acts regulating the concept of “official”. The absence of a single terminological toolkit that reveals the concept of the term in question has a negative impact on law enforcement practice, does not allow defining its clear boundaries. The author’s vision of the industry-wide concept of “official” is proposed. The fundamental feature of an official is the implementation by him of the management functions of a body that is part of a single system of public authority.
Keywords: official; head; organizational and administrative functions; administrative and economic functions, management functions, authority, unified system of public administration.
Work bibliographic list
1. Alekseev I. A., Arutyunyan R. E., Berlyavsky L. G. et al. Legal liability of public authorities and officials: monograph / Ed. I. A. Alekseeva, M. I. Tsapko. – Moscow: Prospect, 2017. – 128 p.
2. Kuznetsov A. P. The definition of “official” in international law and Russian legislation // Legal Technique. – 2012. – No. 6. – P. 272-281.
3. Kizilov VV Real subjects of administrative responsibility of article 2.4 of the Code of Administrative Offenses // Law and Practice. – 2012. – No. 1. – P. 88-96.
ADMINISTRATIVE LAW
POPOV Sergey Viktorovich
Ph.D. in Law, chief researcher of the Faculty of Law of the Institute “Taurida Academy” of the V. I. Vernadsky Crimean Federal University
ADMINISTRATIVE AND LEGAL GUARANTEES OF THE REALIZATION OF THE RIGHTS AND FREEDOMS OF CITIZENS
The article defines the concept, content and system of administrative and legal guarantees for the realization of human and civil rights and freedoms, the criteria for their difference from the guarantees of protection. Proposals are presented to improve the provision of administrative and legal guarantees for the realization of the rights and freedoms of a citizen.
Keywords: guarantees, administrative and legal guarantees, public administration bodies, legal guarantees, rights and freedoms of citizens.
Work bibliographic list
1. Malein N. S. Increasing the role of the law in the protection of personal and property rights of citizens // Sov. state and law. – 1977. – No. 6. – S. 41-46.
2. Matuzov N. A., Malko A. V. Theory of state and law. Lecture course. – M.: Yurid. lit., 1977. – 672 p.
3. Vitruk NV Fundamentals of the theory of the legal status of the individual in a socialist society. – M.: Nauka, 1979. – 296 p.
4. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on April 1, 2020) (as amended and supplemented, entered into force on April 12, 2020) // Collection of Legislation of the Russian Federation. – 07.01.2002. – No. 1 (part 1). – Art. one.
ADMINISTRATIVE LAW
CHEBOTAREVA Galina Valentinovna
Ph.D. in Law, professor of Criminal law and criminology sub-faculty of the Taurida Academy of the V. I. Vernadsky Crimean Federal University
SOME ASPECTS OF THE ACTIVITIES OF THE AUTHORITIES TO LIMIT THE CONSTITUTIONAL RIGHT OF CITIZENS TO “FREEDOM OF MOVEMENT” IN EMERGENCY SITUATIONS
The article analyzes the scientific literature and the norms of the current legislation, the norms of which regulate the activities of the authorities to limit the constitutional right of citizens to “freedom of movement” in emergency situations. Scientific approaches to the content of the regime of self-isolation and quarantine, as measures aimed at limiting the constitutional right of citizens to “freedom of movement”, are considered.
It has been established that today there is an objective need for a regulatory settlement of certain aspects related to the restriction of freedom of movement, in particular, the regulatory definition of the content of the self-isolation regime, the purpose of this regime, the powers of the bodies exercising control over its implementation. The normative consolidation of the procedure for the implementation of various measures aimed at restricting the constitutional right to freedom of movement, in particular the regime of self-isolation, in documents of different levels complicates the practice of law enforcement.
Keywords: activity, constitutional law, authorities, restriction, freedom of movement.
Work bibliographic list
1. Report on the activities of the Commissioner for Human Rights in the Russian Federation for 2017. [Electronic resource]. – Access mode: https://rg.ru/documents/2018/04/16/doklad-site-dok.html (date of access: 08/10/2022).
2. Report on the activities of the Commissioner for Human Rights in the Russian Federation for 2021. [Electronic resource]. – Access mode: https://rg.ru/2022/06/06/doklad-za-2021-god.html (date of access: 08/10/2022).
3. Basova Yu. Yu. Formation of scientific views on the essence of the activities of the prosecutor’s office of the Russian Federation to ensure the rule of law in emergency situations. Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. – 2019. – No. 4. – P. 116-125.
4. The role of prosecutors in emergency situations, in particular in the context of a pandemic: Conclusion of the CCEP no. 15 (2020), Strasbourg, 19 November 2020. [Electronic resource]. – Access mode: https://rm.coe.int/ccpe-2020-op15ru/1680a246b3 (date of access: 08/10/2022).
5. International Covenant on Civil and Political Rights: Adopted by General Assembly resolution 2200 A (XXI), December 16, 1966. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml (date of access: 08/10/2022).
6. Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_2255/ (date of access: 08/10/2022).
7. Coronavirus (covid-19). introduction of a high alert regime in the constituent entities of the Russian Federation. Recognition as force majeure. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_349932/ (date of access: 08/10/2022).
8. Konev S. I. Sanitary and epidemiological well-being of citizens and restrictive regimes in administrative law // Bulletin of economic security. – 2020. – No. 3. – P. 225-231.
9. Letter from Rospotrebnadzor No. 02/4162-2020-27 dated March 15, 2020 “On additional measures to organize SSC and medical supervision.” [Electronic resource]. – Access mode: https://www.rospotrebnadzor.ru/files/news/% 2015.03.2020.pdf (date of access: 10.08.2022).
ADMINISTRATIVE LAW
SAMIULINA Yana Valerjevna
Ph.D. in Law, associate professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KOLESNIKOVA Kseniya Vladimirovna
student of the 2nd course of the Samara Law Institute of the FPS of Russia
FEATURES OF PROSECUTION FOR NON-MEDICAL USE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES UNDER THE ADMINISTRATIVE LEGISLATION OF RUSSIA
The article attempts to analyze the actual problems of law enforcement of prosecution for the use of narcotic drugs and psychotropic substances under Russian administrative legislation. In the final part of the work, the results were summed up, the need to modernize legislation by criminalizing the qualified composition on the basis of systematic non-medical consumption of such substances, toughening administrative responsibility in the form of a fine or mandatory work, the implementation of which is regulated in Art. 3.13 of the Code of Administrative Offenses of the Russian Federation, is substantiated. As an expansion of the preventive administrative and legal potential, it is possible to apply to persons suffering from drug addiction, as an alternative to administrative liability, the obligation to undergo a medical and rehabilitation procedure to get rid of it.
Keywords: administrative legislation, consumption of narcotic drugs and psychotropic substances, psychotropic substances, administrative and legal measures.
Work bibliographic list
1. The problem of drug addiction in Russia: statistical data: RIA Novosti. 06/26/2007. [Electronic resource]. – Access mode: https://ria.ru/20070626/67829656.html (date of access: 07/20/2022).
2. Smirnova M. E. Criminal liability for drug use: problems and prospects // Society: politics, economics, law. – 2016. – No. 3. – P. 150-152.
3. Tsukanov N. N. Article 6.9 of the Code of Administrative Offenses of the Russian Federation as a means of counteracting illegal drug use // Siberian Legal Review. – 2017. – No. 4. – S. 99-104.
ADMINISTRATIVE LAW
FEDINA Lyubov Mikhaylovna
Ph.D. in Law, lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
SOME LEGAL ASPECTS OF THE APPLICATION OF ADMINISTRATIVE LEGISLATION IN THE RUSSIAN FEDERATION
This article characterizes the system of sources of law regulating relations arising from the commission of an administrative offense and, in particular, the central codified normative act of this sphere. The author identifies several reasons for the imperfection and problems of the enforcement of administrative legislation. As a justification for these theses, an example of a legal gap associated with the unsettled application of one of the measures of administrative support for proceedings in an administrative offense case is highlighted.
Keywords: administrative legislation, offense, coercive measures, conflict, verification of documents, identification.
Work bibliographic list
1. Larionov V. P., Petrov N. P. On the delimitation of the rule-making powers of the legislative and executive bodies of the state shock power of the constituent entities of the Russian Federation // Sport: economics, law, management. – 2008. – No. 4.
2. Article 27 of the Constitution of the Russian Federation//Rossiyskaya gazeta” dated July 4, 2020 No. 144.
3. Collection of Legislation of the Russian Federation dated February 14, 2011 No. 7 Art. 900.
4. Order of the Ministry of Internal Affairs of Russia dated June 28, 2021 No. 495. “On the approval of the instruction on the organization of official activities of combat units of the patrol and guard service of the police of the territorial bodies of the Ministry of Internal Affairs of Russia.”
5. Rydchenko K. D., Ravnyushkin A. V. The right of the police to check identity documents: administrative and legal regulation and implementation problems // Bulletin of the VI Ministry of Internal Affairs of Russia. – 2018. – No. 3. – P. 162-169.
ADMINISTRATIVE LAW
GOLOVACHEV Vitaliy Igorevich
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
MEASURES OF ADMINISTRATIVE COERCION APPLIED TO CITIZENS
The Code of Administrative Offences provides rules for the implementation of administrative coercion measures applied to citizens and defines the need for the implementation of legality. If the commission of offenses has occurred, then preventive measures and the possibility of subsequent punishment of the offender are applied. The norms of administrative law include coercive measures applied to ensure law and order and the protection of administrative and legal norms. Coercion, being a method of administrative activity, consists in influencing the behavior of the population with the help of various techniques that ensure public order and other functions. At the same time, the bodies of administrative activity and public administration, as well as their officials, are authorized to carry out activities to present requirements to the individual to ensure law and order, enforcement mechanisms and guarantees of execution.
Keywords: measures of administrative coercion, drive, detention, seizure, vehicle, supervision, control, internal affairs bodies, executive authorities, citizens, individuals.
Work bibliographic list
1. Measures of administrative-legal coercion: forced transfer, administrative supervision, administrative detention. [Electronic resource]. – Access mode: https://lexguide.ru/administrativnyj-process/mery-administrativno-pravovogo-prinuzhdeniya-prinuditelnyj-privod-administrativnyj-nadzor-administrativnoe-zaderzhanie.html.
2. Confiscation of the instrument of committing or the subject of an administrative offense. [Electronic resource]. – Access mode: https://mvd.rf/folder/2295729/item/2295736/
ADMINISTRATIVE LAW
KALINICHENKO Dmitry Vladimirovich
postgraduate student of the Saint Petersburg University of the Humanities and Social Sciences
PROSPECTS FOR IMPROVING THE LEGAL FRAMEWORK FOR THE RECRUITMENT OF THE ARMED FORCES OF THE RUSSIAN FEDERATION
The article discusses promising areas for improving the legal foundations of manning the Armed Forces of the Russian Federation. It is noted that the choice of the personnel support system of the national army is influenced by various external international and domestic factors. It is indicated that the modernization of the technology of manning the Armed Forces of the Russian Federation is reflected in the relevant changes in existing legal acts or stimulates the adoption of new ones. To prove his conclusions and suggestions, the author provides examples from modern Russian reality. The conclusions about the need to preserve the federal monopoly on the legal regulation of the recruitment system of the Armed Forces of the Russian Federation, its dual model of construction based on a combination of contract and military service are reasoned. Proposals have been made and substantiated on the issue of adopting a new Military Doctrine of the Russian Federation, reflecting without fail the distinctive features of a special military operation and fixing the provision on attracting only military personnel serving under contract to participate in events of this kind .
Keywords: recruitment of the Armed Forces of the Russian Federation, Military doctrine, contract service, contract service, special military operation.
Work bibliographic list
1. Bagdasaryan I. A. Innovations in the legal regulation of manning the Armed Forces of the Russian Federation with personnel (commentary to the Federal Law of May 1, 2017 No. 91-FZ) // Law in the Armed Forces. – 2017. – No. 7. – P. 6-9.
2. Dolgopyatov G. M. Manning the Armed Forces of the USSR. Tutorial. – M., 1954. – S. 3-9.
3. Kondratiev S. V. Problems of manning the Armed Forces of the Russian Federation in modern conditions // Military Thought. – 2021. – No. 5. – P. 105-107.
4. Kuznetsov N. I. Development of legislation on the system of organization of the Armed Forces in Russia // Public law research. Yearbook of the Center for Public Law Studies. T. 3. – M .: ANO “Center for Public Law Research”, 2008. – P. 234 – 252.
5. Martirosyan V. S. Actual problems of manning the armed forces of Russian Federation in modern conditions // Bulletin of military law. – 2020. – No. 5. – S. 20-23.
6. Problems and practice of the transition of the military organization of Russia to a new recruitment system // ed. Gaidara E. T., Tsymbala V. I. – M .: IET, 2004.
7. Snytkov V. A. Problems of manning the Armed Forces of the Russian Federation in modern conditions // Military legal instruments for ensuring national security. Collection of articles of the scientific-practical conference. – M .: Publishing house: CJSC “Universitetskaya kniga”, 2022. – P. 369-374.
8. Chepelev V. V., Ponomarenko S. S., Lakasev A. V. Recruitment of the Armed Forces of the Russian Federation and military service. Tutorial. – M., 2007.
MUNICIPAL LAW
ARKHIREEVA Anastasia Sergeevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF LEGAL REGULATION OF FINANCIAL CONTROL OF LOCAL GOVERNMENTS IN RUSSIA AND FOREIGN COUNTRIES (MUNICIPAL-LEGAL ASPECT)
The article considers some aspects of the legal regulation of the legal responsibility of collegial bodies of local self-government bodies. It is concluded that the key goal of the legal responsibility of collegiate bodies of local self-government is the resumption of the legal mode of operation, and the secondary goal is the use of coercive measures. It is noted that the legal responsibility of local governments should be studied both in broad and narrow aspects. The author also concluded that the responsibility of collegiate bodies of local self-government is characterized by the presence of special measures of state coercion. And what should be especially noted, the measures of state coercion can both actually occur and be of a potential nature.
Keywords: municipal formations, local self-government bodies, responsibility, legal responsibility.
Work bibliographic list
1. Vitruk N. V. General theory of legal responsibility. – Moscow: RAP Publishing House, 2008. – 304 p.
2. Kabanova I. E., Egorova M. A. Civil liability of public entities: an experience of intersectoral research. – Moscow: Yustitsinform, 2016. – 284 p.
3. Koltsova E. G. Legal responsibility of collegial bodies of local self-government: dis. … cand. legal Sciences. – Kazan, 2006.
4. Levin V. F., Pilipenko S. G. Correlation between the categories of “responsibility” and “constitutional responsibility” in the legal characterization of local self-government // Constitutional and legal responsibility: problems of Russia, experience of foreign countries / Ed. prof. S. A. Avak’yana. – M.: Publishing house of Moscow State University, 2001.
5. Nazarov B. L. On the legal aspect of positive social responsibility // Sov. state and law. – 1981. – No. 10.
6. Rossinsky BV Administrative responsibility: textbook / Ed. ed. B. V. Rossinsky. – Moscow: Norma: INFRA-M, 2020. – 248 p.
7. Serkov P. P. Administrative responsibility in Russian law: modern understanding and new approaches. – Moscow: Yur.Norma, SIC INFRA-M, 2012. – 480 p.
8. On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation: Federal Law of May 8, 1994 No. 3-FZ // Collection of Legislation of the Russian Federation. – 1994. – No. 2. – Art. 74.
9. Gazette of the Congress of People’s Deputies of the Russian Federation and the Supreme Council of the Russian Federation. – 1993. – No. 7. – Art. 247.
10. European Charter of Local Self-Government. Official translation into Russian // Collection of Legislation of the Russian Federation. – 1998. – No. 36. – Art. 4466.
11. See for more details: Kurdyuk P. M., Pavlov N. V., Ochakovsky V. A. Legal regulation of interaction between state and municipal governments. – Krasnodar, 2019.
12. Uvarov A. A. On the responsibility of local governments // Constitutional and legal responsibility: problems of Russia, the experience of foreign countries / Ed. prof. S. A. Avak’yana. – M.: Publishing House of Moscow State University, 2001. – S. 366.
13. See for more details: Arkhireeva A.S., Maklakov A.A. Actual problems of correlation of criminal and administrative-delict policy in the Russian Federation // Epomen. – 2018. – No. 20. – P. 15-21; Ochakovsky V. A., Ivanenko I. N., Ivanov D. M. On the issue of encouraging and rewarding state civil servants // Polythematic network electronic scientific journal of the Kuban State Agrarian University. – 2016. – No. 116. – P. 515-526; Paly V. M., Kurdyuk P. M., Ochakovsky V. A. Models of legal interaction between state bodies and local governments: theoretical and historical aspects. – Krasnodar, 2014.
14. Koltsova E. G. Legal responsibility of collegial bodies of local self-government: dis. … cand. legal Sciences. – Kazan, 2006. – P. 59.
MUNICIPAL LAW
ARZUMANOVA Silva Mikhaylovna
postgraduate student of Constitutional and municipal law sub-faculty of the Institute of Law of the Pyatigorsk State University
INITIATIVE PROJECTS AS A NEW FORMAT OF INTERACTION OF LOCAL SELF-GOVERNMENT BODIES WITH THE POPULATION
The article deals with the issue of local self-government bodies with the population, factors influencing decision-making by citizens in solving issues of local importance of an initiative decision. The author of the trial at the initiative of the initiative project, gives recommendations of practical importance for the coverage of the population with dangerous diseases. The article discusses a number of problems that affect the development of the system of local governments and the population, as well as consideration of issues of local governments with the population on digital platforms.
Keywords: initiative projects, municipal democracy, local self-government, participation of the population in local self-government, municipal government, digital technologies, interaction between the population and local authorities, civic engagement, public participation, direct municipal democracy.
Work bibliographic list:
1. Arzumanova S. M. Actual problems of implementing the forms of interaction between the population and local governments // Ural Forum of Constitutionalists: Materials of the Sixth Ural Forum of Constitutionalists. Yekaterinburg. 2021. S. 46-52.
2. Galunov T. G. Interaction of local governments and civil society institutions in the implementation of social projects // Epoch of Science. 2020. No. 21. P. 215-223.
3. Nudnenko L.A., Tkhabisimova, L.A., Tsapko, M.I. Trends in legal regulation of municipal democracy in the Russian Federation. M.: Yurilitinform, 2020. S.232-237.
4. Vikulova S.K. Interaction of local governments with the population: problems of regulation of social tension: dis. … cand. sociological Sciences. Moscow, 2010, p. 150.
5. Shamarova G. M. Interaction of local governments with the population: domestic and foreign experience // Bulletin of the Samara State University of Economics. 2021. No. 8 (202). pp. 29-37.
6. Lapushinskaya G. K. Transformational aspects of public participation in municipal government: challenges of self-isolation // The role of local government in the development of the state at the present stage: Proceedings of the V International Scientific and Practical Conference, Moscow, April 23-24, 2020 / Editorial Board: S. P. Kosarin, I.V. Milkin. Moscow: State University of Management, 2020, pp. 28-31.
7. Usmanova, R. M. Participatory design as a form of participatory democracy at the local level // State power and local self-government. – 2021. No. 4. P. 32-35.
8. Mikheeva T. N. Initiative projects – a new form of direct municipal democracy // Bulletin of the Russian University of Cooperation. 2021. No. 4 (46). pp. 155-160.
9. Lapushinskaya G. K., Kullina A. I. Change in the forms of public participation in the management of the development of territories as challenges of the time // Factors of development of the Russian economy: Proceedings of the International Scientific and Practical Conference, Tver, March 22-26, 2021. Tver: Tver State University, 2021, pp. 46-51.
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
Leiba Anastasia Maksimovna
magister student of the Western branch of the RANEPA under the President of the Russian Federation, Kaliningrad
ON THE ISSUE OF CAREER FORMATION IN THE SYSTEM OF STATE CIVIL AND MUNICIPAL SERVICE
The article reflects the issues of career formation of state civil and municipal employees, examines the stages of career formation of employees and ways of managing their official promotion, justifies the need to compile a career program for each employee. The authors of the article call the organization of internships and mentoring for the successful adaptation of employees to the positions being filled and ensuring high results of their professional performance the leading factors of career management of the personnel of public authorities and local self-government. The main condition for the success of the career growth of employees, the authors of the article call the inclusion of each employee in the management of his career.
Keywords: careers, career program, state civil and municipal employees, public authorities and local self-government, mentoring, internships.
Work bibliographic list
1. Magura M. I. Search and selection of personnel. – M .: JSC Business School “Intel-Sintez”, 2016. – 316 p.
2. Bauman Z. Think sociologically. – M., 1996. – S. 29.
3. Travin V. V., Dyatlov V. A. Fundamentals of personnel management. – M.: “Delo”, 2016. – 245 p.
4. Andryukhina I. Yu. Problems of official promotion of municipal employees // Bulletin of the Expert Council. – 2021. – No. 1 (24). – P. 33-38.
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
PROSPECTS FOR THE USE OF PERSONNEL LEASING IN MODERN RUSSIA
This article discusses a fairly new institution for Russian reality, such as personnel leasing. The features of the modern use of agency labor both in Russia and abroad are analyzed. The objective positive features of personnel leasing are considered. The negative properties of contingent labor, which prevent its active use in our state, are also touched upon. The differences between personnel leasing, outsourcing and outstaffing are distinguished.
Keywords: personnel leasing, agency work, financial lease, civil law, trade union, recruitment agencies, outsourcing, outstaffing, employer.
Work bibliographic list
1. “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).
2. Federal Law No. 164-FZ dated October 29, 1998 “On Financial Lease (Leasing)” (last edition).
3. Federal Law No. 116-FZ dated May 5, 2014 “On Amendments to Certain Legislative Acts of the Russian Federation”
CIVIL LAW
GURKINA Darya Aleksandrovna
assistant notary of Kislovodsk, Stavropol kray
INHERITANCE FUND IN CONNECTION WITH THE LATEST CHANGES IN THE LEGISLATION OF 2022
The constant development of inheritance law causes constant changes and additions to the current legislation. This article is dedicated to the analysis of the novelties of civil legislation in the form of an inheritance fund. In the article, on the basis of scientific analysis, the problems arising in the implementation of this new institute of inheritance law are considered. The existing problems in this area are identified, taking into account the identified problems in this area, and ways to solve them are proposed. The advantages and disadvantages of this institute are revealed, the analysis of recent changes in this area is carried out.
Keywords: inheritance fund, will, testator, personal fund, hereditary legal relations, hereditary property, inheritance by will.
Work bibliographic list
1. Vronskaya M. V. The ratio of Russian inheritance funds with related foreign legal categories // Territory of new opportunities. – 2019. – No. 4. – S. 235-236.
2. Lomovtseva E. A. Issues of establishing hereditary funds: novelties of Russian legislation and foreign experience // Education and law. – 2017. – No. 11. – P. 107-108.
3. Momotova M. A. Recognition of a will as invalid. — Text: direct // Young scientist. – 2017. – No. 13 (147). – S. 464-466.
4. Petrov E. Yu., Renz I. G. Development of Russian inheritance law // Law. – 2017. – No. 6. – S. 44-50.
CIVIL LAW
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
FROLOVSKAYA Yuliya Ivanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
LEGAL REGULATION OF SOCIAL PROTECTION OF EMPLOYEES OF THE PENITENTIARY SYSTEM
The article reveals the issues of legal regulation of social protection of employees of the penitentiary system (penal system), types of pensions assigned to employees of the penitentiary system, the idea is proposed to move to the unification of administrative documents regulating the issues of pension provision for employees of the penitentiary system. A stable pension system that provides an acceptable standard of living for pensioners and creates incentives to receive quality education for active and long-term employment is the basis of social stability and economic security of the state.
Keywords: pension system, insurance pension, funded pension, insurance premiums, social security, insurance, penitentiary system.
Work bibliographic list
1. Law of the Russian Federation of February 12, 1993 No. 4468-1 (as amended on February 16, 2022, as amended on April 7, 2022) “On pension provision for persons who have completed military service, service in internal affairs bodies, the State Fire Service, control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops of the National Guard of the Russian Federation, enforcement agencies of the Russian Federation, and their families.
2. Federal Law No. 283-FZ dated December 30, 2012 “On Social Guarantees for Employees of Certain Federal Executive Bodies and Amendments to Certain Legislative Acts of the Russian Federation”.
3. Federal Law of December 28, 2013 No. 400-FZ “On insurance pensions”.
4. Federal Law No. 166 of December 15, 2001 “On State Pension Provision in the Russian Federation”.
5. Decree of the President of the Russian Federation of 08/01/2005 No. 887 “On measures to improve the financial situation of disabled people due to military trauma.”
6. Decree of the Government of the Russian Federation of December 31, 2009, 2004 No. 911 “On the procedure for providing medical care, sanatorium and resort support and making certain payments to certain categories of military personnel, law enforcement officers and members of their families, as well as certain categories of citizens, retired from military service.
7. Decree of the Government of the Russian Federation dated April 29, 2021 No. 1138-r “On the Concept for the Development of the Penitentiary System of the Russian Federation for the Period until 2030”.
8. Order of the Ministry of Justice of the Russian Federation dated December 30, 2005 No. 258 “On approval of the Instruction on the organization of work on the social security of employees and their families in the penitentiary system”.
9. Order of the Ministry of Justice of Russia dated December 12, 2006 No. 358 “On approval of the Instruction on the procedure for sanatorium and resort provision in the penitentiary system”.
10. Bondarenko I. V., Frolovskaya Yu. I., Makhiboroda M. N. On the development of the pension system in modern Russia // Law and Law. – 2021. – No. 12. – P. 71-74.
11. Bondarenko I. V., Frolovskaya Yu. I. On the issue of the formation of pension provision in Russia // Social and pension law. – 2019. – No. 4. – P. 14-17.
CIVIL LAW
KIRILOVA Nadezhda Andreevna
Ph.D. in Law, associate professor, Head of Administrative, financial and corporate law sub-faculty of the Novosibirsk State University of Economics and Management, Candidate of Law
DOROZHINSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor, Dean of the Faculty of Law of the Siberian Institute of Management – Branch of the RANEPA under the President of the Russian Federation
THE PRINCIPLE OF FREEDOM OF CONTRACT AND ITS IMPLEMENTATION IN THE FORMATION OF THERMS OF THE LIABILITY AGREEMENT
The article deals with the formation of the conditions of the contract of responsibility. The author proceeds from the thesis that the terms of the contract on liability are subject to agreement by the parties at the conclusion of the contract and the principle of freedom of contract is fully applicable to them. By working out the relevant contract terms the parties can both “reduce” and “expand” the scope of liability set by the legislator. It’s necessary to take into account the restrictions in the form of a ban on the inclusion of unfair conditions in the contract, the risks of judicial ex post control and the use of Art. 333 of the Civil Code to reduce the amount of responsibility. In addition, the article analyzes the existing approaches to identifying criteria of “injustice” in the Russian civil turnover related to the need to protect the weak side of the contract. The position of the weak side and its actual role in the process of concluding, executing, and changing the terms of the contract are evaluated. Judicial acts of arbitration courts are studied, which reflect both the main trends in the application of paragraph 3 of Article 428 of the Civil Code of the Russian Federation, and special approaches to identifying the weak side in business contracts.
Keywords: contract; weak side; dominant position; liability for breach of contract; unfair contractual terms; penalty; right to reduce the penalty.
Work bibliographic list
1. Krasavchikov O.A. Responsibility, protection measures and sanctions in the Soviet civil law // Krasavchikov O.A. Categories of science of civil law. Selected works: In 2 vols. – M .: Statut, 2005. – Vol. 2. – 494 p.
2. Pobedonostsev K.P. Civil law course. Part three: Contracts and obligations. – M.: STATUT, 2003. – 622 p. (Classics of Russian civil law).
3. Russian civil law. In 2 parts: According to the corrected and supplemented 8th edition, 1902, Part 1 / Meyer D.I.; Editors: Em V.S., Kozlova N.V., Korneev S.M., Kulagina E.V., Pankratov P.A., Sukhanov E.A. – M.: Statute, 1997. – 290 p.
4. Ioffe O.S. Selected works on civil law. From the history of civil thought. Civil relations. Criticism of the theory of “economic law”. – 4th ed. – M.: STATUT, 2020. – 782 p.
5. Braginsky M.I., Vitryansky V.V. Contract law: general provisions. – 4th ed. – M.: Statute, 2020. – 847 p.
6. Karapetov A.V. Economic analysis of law. – M.: Statute, 2016. – 528 p.
7. Dragunova T.V. Competition of contractual and tort claims in the sphere of business relations // Bulletin of economic justice of the Russian Federation. – 2020. – No. 12. – P. 91-161.
8. Jourdain P. Principles of civil liability // Bulletin of Civil Law. – 2021. – No. 4. – P. 212-241; No. 5. – S. 233-255; No. 6. – P. 154-193; 2022. – No. 1. – S. 200-229.
9. Demkina A.V. Some novelties of the Civil Code of the Russian Federation in terms of liability for breach of obligations // Lawyer. – 2016. – No. 10. – P. 14-19.
CIVIL 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
ELECTRIC VEHICLES AND ELECTRIC REFUELING STATIONS: INFRASTRUCTURE PROBLEMS AND IMPROVEMENT OF LEGAL REGULATION
The transport complex of electric vehicles in the Russian Federation and in the rest of the world is developing at an increased pace every year, which implies an improvement in the transport system. A massive transition to electric vehicles is possible, but this requires infrastructure and regulatory frameworks to meet social demands. The article discusses the main organizational and legal problems related to the operation of electric vehicles and electric filling stations in Russia, suggests specific ways to solve the identified legal problems, and updates the importance of comprehensive work to eliminate existing shortcomings in the field of electric vehicles .
Keywords: electric vehicles, electric filling stations, infrastructure, problems, regulatory framework.
Work bibliographic list
1. Online edition: Analytical agency “Avtostat”. [Electronic resource]. – Access mode: https://www.autostat.ru/ (date of access: 06/04/2022).
2. Marchenko V. D. Market research of electric vehicles // Young scientist. – 2021. – No. 52 (394). — S. 234-237.
3. Olimpieva S. V. Improving legal regulation in the field of electric filling stations // New legal bulletin. – 2022. – No. 2 (35). – S. 17-19.
CIVIL LAW
NAZAROVA Nadezhda Aleksandrovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the N. I. Lobachevsky National Research Nizhny Novgorod State University
SUKHANOVA Anastasia Olegovna
student of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
INNOVATIONS IN CIVIL LEGISLATION: AMENDMENTS TO PART ONE OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
It seems appropriate to analyze the changes in civil legislation from Federal Law No. 430 and, at the same time, give them a legal assessment, as well as compare them for innovations and originality compared with similar provisions in other legislation concerning these issues. The analysis of the adopted law will allow you to get acquainted with the upcoming changes in civil legislation as quickly as possible and, based on what you have read, form your own opinion about legislative reforms – are they an innovation in the entire legislation as a whole, or are they, most of all, technical in nature. Thus, Federal Law No. 430 contains six important points, the essence of which it seems natural to highlight in the order established directly by the legislator.
Keywords: civil legislation, immovable things, ownerless things, property right.
Work bibliographic list
1. Galinovskaya E. A. Conceptual problems of modernization legislative regulation of land relations // Law and economic activity: modern challenges: Monograph / E. G. Azarova, A. A. Ayurova, M. K. Belobabchenko and others; resp. ed. A. V. Gabov. – M.: IZiSP, Statute, 2015.
2. The Civil Code was supplemented with special rules on real estate. [Electronic resource]. – Access mode: https://www.buhgalteria.ru/article/gk-dopolnili-spetsialnymi-normami-o-nedvizhimosti (date of access: 08/01/2022).
1. The Duma adopted amendments to the Civil Code on immovable things and property rights. [Electronic resource]. – Access mode: https://www.advgazeta.ru/novosti/duma-prinyala-popravki-v-gk-o-nedvizhimykh-veshchakh-i-veshchnykh-pravakh/ (date of access: 08/01/2022).
2. Can a paved area be taxed on property? [Electronic resource]. – Access mode: https://www.buhgalteria.ru/article/mozhno-li-zamoshchennuyu-ploshchadku-oblagat-nalogom-na-imushchestvo (date of access: 08/01/2022).
3. National standard of the Russian Federation GOST R ISO 6707-1-2020 “Buildings and structures. General terms” (approved and put into effect by order of the Federal Agency for Technical Regulation and Metrology dated December 24, 2020 N 1388-st). [Electronic resource]. – Access mode: https://base.garant.ru/400397928/ (date of access: 08/01/2022).
4. New about parking spaces and buildings in the Civil Code of the Russian Federation. [Electronic resource]. – Access mode: https://gkhnews.ru/1472595-novoe-o-mashino-mestah-zdaniyah-v-grazhdanskom-kodekse-rf/ (date of access: 08/03/2022).
5. Amendments to the general part of the Civil Code of the Russian Federation on real estate // Pepeliaev Group Law Firm. [Electronic resource]. – Access mode: https://www.pgplaw.ru/analytics-and-brochures/alerts/prinyaty-popravki-v-obshchuyu-chast-grazhdanskogo-kodeksa-rf-o-nedvizhimykh-veshchakh-/ (date of access: 01.08 .2022)
6. Amendments to the Civil Code of the Russian Federation on property rights: reform or technical changes? [Electronic resource]. – Access mode: https://www.eg-online.ru/article/448663/ (date of access: 08/03/2022).
7. Recent changes in the Civil Code regarding common property in MKD. [Electronic resource]. – Access mode: https://pravovoi.center/judge/poslednie-izmeneniya-v-grazhdanskom-kodekse-kasayushhiesya-obshhego-imushhestva-v-mkd.html (date of access: 08/05/2022).
CIVIL LAW
OGORODNIK Veronika Fyodorovna
Leading Consultant of the Department for Proceedings in Civil and Administrative Cases of the 4th Court of Cassation
ON THE ISSUE OF IMPROVING THE INSTITUTE OF PERSONAL DATA IN THE LEGISLATION OF THE RUSSIAN FEDERATION
The article discusses the current changes in the institute of personal data in the Russian Federation. The author gives an assessment of the revolutionary amendments to the legislation on personal data and individual federal laws. As part of the further improvement of the mechanism for collecting, processing and storing personal data, the trends in the development of the studied sphere of public life are highlighted.
Keywords: personal data, personal data subject, protection of constitutional rights, strategy, disclosure of personal data.
Work bibliographic list
1. Lazarev V.V., Gadzhiev Kh.I., Alimov E.V. and others. Data protection: scientific and practical commentary on judicial practice (responsible editors V.V. Lazarev, Kh.I. Gadzhiev). – Institute of Legislation and Comparative Law under the Government of the Russian Federation. – M .: Law Firm Contract LLC, 2020. – 176 p.
2. Saveliev A.I. Scientific and practical article-by-article commentary on the Federal Law “On Personal Data” – M .: Statut, 2021. – 468 p.
3. Digital transformation and protection of the rights of citizens in the digital space. – M.; Council under the President of the Russian Federation for the development of civil society and human rights, 2021. – 123 p.
CIVIL LAW
PERMYAKOV Maksim Vladimirovich
Ph.D. in Law, associate professor of the V. F. Yakovlev Ural State Law University, of the first President of Russia B. N. Yeltsin Ural Federal University
BALEEVSKIKH Fedor Valentinovich
Ph.D. in Law, associate professor of Judicial and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University
GASKAROV Ildus Fanavievich
Ph.D. in Law, associate professor of Criminology sub-faculty of the V. F. Yakovlev Ural State Law University
FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS OF PUBLIC JOINT-STOCK COMPANIES WITH STATE PARTICIPATION
The article provides a theoretical analysis of the legal regulation of the participation of the Russian state in public joint-stock companies. The mechanisms of proper legal support of state interests in the process of Russia’s participation in joint-stock companies are being studied. Along with this, in addition to the participation of the state in the economy as a regulatory force, it also acts as an “independent economic entity, an economic player with its own program of actions, although secondary in scale compared to the tasks that private companies perform at the request of the market.” At its core, the state is called upon to ensure the functioning of the economic complex as a whole – both institutionally and replacing private capital where it cannot or is not interested in acting, eliminating market shortcomings and acting for the benefit of society.
Keywords: public joint stock company, state participation, administrative and legal status, business company.
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). [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 07/04/2020.
2. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022) / Collection of Legislation of the Russian Federation. – 05.12.1994. – No. 32. – Art. 3301.
3. Federal Law No. 208-FZ of December 26, 1995 (as amended on February 25, 2022) “On Joint Stock Companies” / “Collection of Legislation of the Russian Federation”. – 01.01.1996. – No. 1. – Art. one.
4. Federal Law No. 178-FZ of December 21, 2001 (as amended on July 2, 2021) “On the Privatization of State and Municipal Property” (as amended and supplemented, effective from January 1, 2022) / “Collection of Legislation of the Russian Federation “. – 01/28/2002. – No. 4. – Art. 251.
5. Bulgakov S. N. Joint stock companies. [Electronic resource]. – Access mode: https://clck.ru/qCEFf (date of access: 06/08/2022).
6. Volzhenina D. A. Problems of legal regulation of the activities of joint-stock companies with state participation // D. A. Volzhenina / Long-term development and ensuring the competitiveness of society and the state: Sat. articles. – Petrozavodsk, 2021. – S. 70-74.
7. Gadzhiev N. G., Konovalenko S. A. Problems of improving the efficiency of joint-stock companies with state participation // Economics and business: theory and practice. – 2020. – No. 9-1 (67). – S. 98-101.
8. Grishaev S. P., Bogacheva T. V., Svit Yu. P. Commentary on the Civil Code of the Russian Federation. Part one. [Electronic resource]. – Access mode: https://clck.ru/qCEW5 (date of access: 06/08/2022).
9. Semenikhin VV Joint Stock Companies: A Practical Guide. 4th ed., revised. and additional – M.: GrossMedia, ROSBUKH, 2020. – 438 p.
10. Tarasov O. A. Constitutional model of state participation in the Russian economy // O. A. Tarasov / Economic constitution of the digital era: Sat. works. – Moscow, 2020. – S. 35-61.
11. Titov A. A., Kudinova S. G. Approach to determining the role of the state in a joint-stock company with state participation // A. A. Titov / Proceedings of the international scientific forum “Education. The science. Culture”: Sat. works. – Gzhel, 2020. – S. 255-256.
12. Khairullina D. I. Administrative and legal status of public joint-stock companies with state participation // Alley of Science. – 2018. – T. 1. – No. 9 (25). – S. 591-594.
13. Yakovlev A. Yu. Problems of corruption and abuse in joint-stock companies with state participation // Problems of law. – 2020. – No. 4 (78). – S. 98-100.
14. Yakovlev A. Yu. The concept and legal qualification of the category “joint stock company with state participation” // Education and law. – 2018. – No. 9. – P. 143-144.
CIVIL LAW
PETROV Nikolai Vladimirovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the North Caucasian Federal University
ESSENTIAL TERMS OF THE HARVEST INSURANCE CONTRACT: PROBLEMS OF CIVIL LEGAL REGULATION
Purpose: to establish a list of essential terms of a crop insurance contract provided for by law, carried out with state support.
Results: development of a scientific position on the essential terms of a crop insurance contract carried out with state support.
Novelty/originality/value: the scientific article is an independent author’s research aimed at scientific substantiation of the essential terms of the crop insurance contract, carried out with state support.
Keywords: contract, essential conditions, insurance, harvest, state support.
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. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ [Text] // SZ RF. 1994. No. 32. Art. 3301.
3. Rules for insurance (standard) of agricultural crops, planting of perennial plantations, carried out with state support // Official website of the National Union of Agricultural Insurers (NUA). [Electronic resource]. – Access mode: http://www.naai.ru/zakonodatelstvo/pravila_strakhovaniya_standartnye_urozhaya_selskokhozyaystvennykh_kultur_posadok_mnogoletnikh_nasazh/pravila_strakhovaniya_standartnye_urozhaya_selskokhozyaystvennykh_kultur_posadok_mnogoletnikh_nasazh/ (date of access: 202.02.07).
4. Federal Law of July 25, 2011 No. 260-FZ “On State Support in the Sphere of Agricultural Insurance and on Amendments to the Federal Law “On the Development of Agriculture”” // SZ RF, 01.08.2011, No. 31, art. 4700.
CIVIL LAW
FEDINA Lyubov Mikhaylovna
Ph.D. in Law, lecturer of Special and technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
IMPLEMENTATION OF STATE (MUNICIPAL) PROCUREMENT IN THE CONTEXT OF THE CURRENT FINANCIAL CRISIS
The article touches upon the currently relevant topic of the country’s financial development in the context of the foreign policy and economic crisis. The author highlights some of the causes and grounds of the crisis phenomena, as well as their impact on the country’s economy in general and the system of concluding state (municipal) contracts in particular. A directly proportional relationship of these phenomena takes place, due to the significant development of budgetary funds through the public procurement system. In addition, the quality of goods supplied, services rendered and work performed to state and municipal organizations and institutions to some extent determines the level of social security of the country’s population. Thus, the author identifies a number of measures of state support for both sides of contractual relations in modern conditions and comes to the conclusion that their application is justified.
Keywords: government contract, civil law, financial crisis, import substitution, purchase from a single supplier, request for quotations.
Work bibliographic list
1. Federal Law No. 46-FZ of March 8, 2022 “On Amendments to Certain Legislative Acts of the Russian Federation”// Collected Legislation of the Russian Federation of March 14, 2022 No. 11 Art. 1596.
2. Decree of the Government of the Russian Federation of March 29, 2022 No. 505 “On the suspension of certain provisions of certain acts of the Government of the Russian Federation and the establishment of the amount of advance payments when concluding state (municipal) contracts in 2022” // Collected Legislation of the Russian Federation of April 4, 2022 No. 14 Art. 2285.
3. Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”// Collected Legislation of the Russian Federation of March 14, 2022 No. 11 Art. 1596.
CIVIL LAW
BLINOV Ivan Sergeevich
postgraduate student of Private international law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE LEGAL NATURE AND QUALIFICATION OF OVERLAPPING INTELLECTUAL PROPERTY RIGHTS IN CROSS-BORDER LEGAL RELATIONS
The article substantiates the trend of the spread of the practice of involving intellectual property rights in commercial circulation beyond the limits of national legal systems. Various mechanisms for protecting intellectual property objects in Russia and foreign countries are considered. The analysis of problematic aspects of the operation of the principle of territoriality in relation to intellectual property rights is carried out. The inconsistency of the national legal regime of protection and protection of these rights in the context of the trend of universal globalization is clearly illustrated. The conflict of laws and jurisdictional rules to be applied to intellectual property relations where there is a foreign component are indicated.
Attention is focused on certain aspects of the application of mandatory rules for intellectual property rights holders and users in cross-border relations. The conclusion is made about the gradual transformation of the principle of territoriality in relation to intellectual property rights due to the ubiquity, inexhaustibility and non-consumability of objects of exclusive rights in the context of globalization and the development of information and communication technologies.
Keywords: intellectual property law, the principle of territoriality, exclusive rights, MCHP, commercial turnover, jurisdiction, conflict of laws binding, copyright, objects of industrial property, trademark.
Work bibliographic list
1. Bennett A., Granata S. When Private International Law Intersects with Intellectual Property Law – A Guide for Judges. – The Hague: The Hague Conference on Private International Law; Geneva: World Intellectual Property Organization, 2019. – 124 p.
2. Getman-Pavlova I. V. International private law in 3 volumes. Volume 2. Special part: a textbook for universities. – 6th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 453 p.
3. Emkuzheva A. V. Using someone else’s trademark: problems and ways to solve them in the era of artificial intelligence // Scientific notes of young researchers. – 2021. – No. 12. – P. 67-75.
4. Inshakova A. O. International private law: textbook and workshop for universities. – Moscow: Yurayt Publishing House, 2021. – 565 p.
5. Krupko S. I. Conflict-of-law aspects of regulation of intellectual property // Economy and law. – 2014. – No. 11. – P. 15.
6. Lutkova O. V. Conflict regulation in determining the author of a work in cross-border relations // Journal of Foreign Legislation and Comparative Law. – 2019. – No. 5. – P. 45-53
7. Moskalenko I. A. Registration of works as a tool for protecting autorights in cross-border relations (Internet) // Actual problems of Russian law. – 2019. – No. 23. – P. 113-121.
8. Intellectual property law: current problems / under the general. ed. E. A. Morgunova. – M.: Norma – Infra-M, 2021. – 324 p.
9. Trofimov V. V., Lisitsyna A. N. The problem of conflict rules that provide a balanced legal regime of intellectual property objects in the national and international aspects // Bulletin of the Tambov University. Series: Political sciences and law. – 2016. – No. 6. – P. 89-97.
10. Shak X. New technologies and intellectual property // Copyright Bulletin. – 2000. – No. 3. – P. 64.
CIVIL LAW
PETROVA Margarita Sergeevna
competitor of the degree of Ph.D. in Law, Russian State Academy of Intellectual Property, Lawyer of JSC «NPO Microgen»
LEGAL REGULATION OF DEPENDENT INVENTION IN THE PHARMACEUTICAL INDUSTRY
Over the past few years, the domestic pharmaceutical industry has begun to develop at a significant pace. Along with this, the issue of granting legal protection to inventions related to medicinal products is being acutely raised. In the conditions of unfavorable socio-economic consequences in the country caused by the COVID-19 pandemic, as well as the introduction of economic sanctions against Russia, the results of intellectual activity in the pharmaceutical industry are becoming the main incentive not only in the development of the domestic drug manufacturer, but also the state as a whole. Increasing import substitution of medicinal products on the Russian market will reduce Russia’s dependence on Western technologies, which in turn will strengthen support for the national pharmaceutical industry and improve the country’s economic security. In view of this, the legislation in the field of intellectual property is undergoing significant changes, in particular, it concerns the institution of compulsory licensing, which helps to balance the interests of participants in patent relations. However, the law enforcement practice of this institute has shown that when issuing a dependent invention for a medicinal product, there are legal conflicts that determine the requirements for such a dependent invention for a medicinal product. Within the framework of the study under consideration, it is concluded that when implementing the institute of compulsory licensing for dependent inventions used in medicinal products, it is necessary to consolidate explanations of regulatory and legal regulation of such criteria as: important technical achievements; significant economic benefits. In addition, discrepancies have been identified between individual regulatory legal acts regulating relations in the field of registration and patenting of medicines. In view of this, the author suggests ways to improve Russian legislation in this area. Within the framework of this study, a dialectical approach, a method of interpreting legal norms, a formal legal method, etc. were used.
Keywords: reproduced medicinal product, invention, compulsory licensing, patent holder, dependent patent.
Work bibliographic list
1. Akhmetov A. E. World experience in price regulation for pharmaceutical products (on the example of European countries) // Bulletin of the Peoples’ Friendship University of Russia. Series Economics S. – 2012. – No. 2. – P. 39-46.
2. Bakhtiozina A. T. Patent disputes in Russian courts: new challenges and new tactics // Intellectual rights: challenges of the 21st century: materials of the International Conference (November 14-16, 2019) / ed. E. P. Gavrilova, S. V. Butenko. – Tomsk: Publishing House of Tomsk State University. – 2019. – S. 15-21.
3. Vorozhevich AS Legal protection of dependent inventions // Patents and licenses. Intellectual rights. – 2019. – No. 3. – S. 21-31.
4. Vorozhevich A. S. Risks and possible consequences of restrictions on patent rights in the pharmaceutical industry // Bulletin of the O. E. Kutafin University (MGYuA). – 2017. – No. 6. – P. 42-53.
5. Gavrilov E. P. Dependent inventions and “collisions” of patent applications // Patents and licenses. Intellectual rights. – 2008. – No. 3. – S. 17-26.
6. Zalesov A. V. Features of patent rights protection in the field of pharmaceuticals in Russia // Intellectual rights: challenges of the 21st century: materials of the International Conference (November 14-16, 2019) / ed. E. P. Gavrilova, S. V. Butenko. – Tomsk: Publishing House of Tomsk State University. – 2019. – S. 52-65.
7. Ivanov A. Yu. Compulsory licensing for innovative development: on the need to balance the regime of intellectual rights // Law. – 2017. – No. 5. – S. 78-93.
8. Kolesnikov D.S., Ugryumov V.M. Dangerous consequences of compulsory licensing of patents in the field of pharmaceuticals // Patents and licenses. Intellectual rights. – 2015. – No. 9. – P. 39-51.
9. Sadykov R. M. Problems of legal protection of dependent objects of patent rights // Patents and licenses. Intellectual rights. – 2018. – No. 5. – S. 48-52.
CIVIL LAW
PUGACHEVA Anna Sergeevna
postgraduate student of Civil law sub-faculty of the Kazan (Privolzhie) Federal University; head of the regional office LLC “Legal Service Partner”
SMART CONTRACT POSITIVITY FOR CIVIL LAW PROTECTION OF DIGITAL RIGHTS OF INVESTORS
The digitalization of civil turnover has led to the use of smart contracts in the implementation of investment activities. The purpose of the study is to substantiate the need to improve the smart contract for the civil protection of investors’ digital rights. The methodological basis of the study was the formal legal method, which was used in the definition of civil law concepts; interpretation of legal norms, legal positions of judicial and judicial-arbitration pracice, doctrinal provisions. The main results of the study consist in clarifying the legal nature of a smart contract, determining its essential features (automation, obligation, reliability, security, manufacturability), and identifying possible risks.
Keywords: smart contract, protection of digital rights, investors, digitalization of civil circulation, automation of fulfillment of obligations.
Work bibliographic list
1. Szabo N. Formalizing and Securing Relationships on Public Networks // First Monday. – 1997. – Volume 2, Number 9. [Electronic resource]. – Access mode: https://doi.org/10.5210/fm.v2i9.548 (Accessed 07/16/2022)
2. Szabo N. Smart Contracts: Building Blocks for Digital Free Markets, 1996. [Electronic resource]. – Access mode: http://www.truevaluemetrics.org/DBpdfs/BlockChain/Nick-Szabo-Smart-Contracts-Building-Blocks-for-Digital-Markets-1996-14591.pdf (Accessed: 07/15/2022).
3. Radin M. The Deformation of Contract in the Information Society // Oxford Journal of Legal Studies. – 2017. – Volume 37. Issue 3. – P. 505-533. [Electronic resource]. – Access mode: https://doi.org/10.1093/ojls/gqx001 (Accessed 07/17/2022).
4. Zainutdinova E.V. Smart contract in civil law: abstract of the dissertation … candidate of legal sciences. – Krasnoyarsk: Novosibirsk National Research State University, 2022. – 25 p.
5. Arslanov K.M. Smart contract: a type of a classic contract, a computer program (code) or an electronic form of a contract? // Civil law. – 2021. – No. 6. – P. 18-23.
6. Bashir I. Mastering Blockchain: Distributed ledgers, decentralization and smart contracts Explained. – Birmingham: Packt Publishing Ltd, 2018. – pp. 199-208.
7. Schwerin S. Blockchain and Privacy Protection in the Case of the European General Data Protection Regulation (GDPR): A Delphi Study // The Journal of the British Blockchain. – 2018. – Vol. 1. Iss. 1. [Electronic resource]. – Mode of access: https://jbba.scholasticahq.com/article/3554-block-chain-and-privacy-protection-in-the-case-of-the-european-general-data-protection-regulation-gdpr- a-delphi-study (Accessed 07/16/2022)
8. Gorodov O.A., Egorova M.A. Main Directions for Improving Legal Regulation in the Sphere of the Digital Economy in Russia // Law and Digital Economy. – 2018. – No. 1 (01). – P. 6-12.
9. 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 // Pravo. Journal of the Higher School of Economics. – 2020. – No. 4. – P. 78-105.
10. Saveliev A.I. Some legal aspects of the use of smart contracts and blockchain technologies under Russian law // Law. – 2017. – No. 5. – P. 94-117.
11. Volos A.A. Some problems of protecting the rights and legitimate interests of the parties to a smart contract // Perm Legal Almanac. – 2019. – No. 2. – P. 396-402.
12. Suvorov E.D. To the question of the place of digital technologies within the framework of the institution of fulfillment of obligations // Law. – 2020. – No. 8. – P. 111-124.
13. Fedorov D.V. Tokens, cryptocurrency and smart contracts in domestic bills from the position of foreign experience // Bulletin of Civil Law. – 2018. – No. 2. – P. 33.
14. Kamalyan V.M. The concept and legal features of smart contracts // Lawyer. – 2019. – No. 4. – S. 20-27.
15. Andriyanov D.V. The use of smart contracts and blockchain platforms in cross-border oil and gas transactions: an aggravation of the conflict problem // Actual problems of Russian law. – 2020. – No. 6. – P. 84-94.
16. Saveliev 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. – S. 32-60.
17. Bogdanova E.E. Problems of using smart contracts in transactions with virtual property // Lex Russica. – 2019. – No. 7 (152). – S. 108-118.
18. Gromova E.A. Smart contracts in Russia: an attempt to determine the legal essence // Law and digital economy. – 2018. – No. 2. – P. 34 – 37.
19. Belov V.A. Smart contract: concept, legal regulation, law enforcement practice, consumer relations // Law and Economics. – 2021. – No. 9. [Electronic resource]. – Access mode: https://www.jusinf.ru/catalog/article4738/ (accessed 07/17/2022)
20. Volos A.A. Smart contracts and principles of civil law // Russian Justice. – 2018. – No. 12. – P. 5-7.
21. Efimova L.G., Sizemova O.B. Legal nature of a smart contract // Banking law. – 2019. – No. 1. – S. 21-28.
22. Novoselova L.A. Proposals to transfer the entire register of real estate rights to the blockchain tomorrow seem ridiculous / Interview with L.A. Novoselova // Law. – 2018. – No. 8. – P. 12.
23. Korneev A. What are NFT tokens. And what does Banksy have to do with it // RBC. 2021. March 4. [Electronic resource]. – Access mode: https://www.rbc.ru/crypto/news/6040cd429a7947281adb5a94 (accessed 07/17/2022)
24. Grin O.S., Grin E.S., Soloviev A.V. Legal structure of a smart contract: legal nature and scope // Lex Russica. – 2019. – No. 8. – P. 58.
25. Akhmedov A.Ya. Question su about the signs of a smart contract as a contractual structure // Law and digital economy. – 2020. – No. 2. – S. 22-25.
26. Turitsyn D.A. On the question of the form of automated digital contracts in modern contract law: electronic contracts and smart contracts // Law and Practice. – 2019. – No. 4. – S. 224-228.
27. Nagrodskaya V.B. New technologies (blockchain / artificial intelligence) in the service of law: scientific and methodological manual / Ed. L.A. Novoselova. – M.: Prospekt, 2019. – 114 p.
28. Blockchain at the height of the hype: legal risks and opportunities / A.Yu. Ivanov (leader. auth. coll.), M.J1. Bashkatov, E.V. Galkova and others; National research University Higher School of Economics, Institute of Law and Development HSE – Skolkovo. – M.: Ed. house of the Higher School of Economics, 2017. – 237 p.
29. Egorova M.A. Peculiarities of Regulatory Regulation of the Digital Economy and Problems of Antimonopoly Regulation in Digital Markets as a Means of Protecting National Interests // Lawyer. – 2018. – No. 11. – P. 7-10.
30. Efimova L.G. Sources of legal regulation of public relations in cyberspace // Lex Russica. – 2020. – T. 73. – No. 3. – P. 119.
31. Nam K.V. Legal problems associated with the use of blockchain // Judge. – 2019. – No. 2. – P. 24.
32. Khavanova I.A. Smart contracts: the phenomenon of techno-legal regulation and taxes // Financial Law. – 2020. – No. 3. – P. 36-38.
33. Leskina E.I. Possibilities of using smart contracts in the labor law of Russia // State power and local self-government. – 2021. – No. 4. – P. 42-46.
34. Casanova A. What is a smart contract. Advantages and disadvantages // Smart contract blockchain, 2021. [Electronic resource]. – Access mode: https://www.smartunity.ru/blog/chto-takoe-smartkontrakty-blockchein (accessed 07/17/2022).
35. Tumakov A.V., Petrakov N.A. Development of digital legal relations in modern realities // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 2. – P. 121-122.
36. Matantsev D.A. Functions of tort liability in civil law // Agrarian and land law. – 2019. – No. 3 (171). – S. 18-22.
37. Ponkin I.V., Kupriyanovsky V.P., Ponkin D.I. Fintech, Regtech and regulatory sandboxes: concept, digital ontology, perspectives // Modern information technologies and IT education. – 2020. – No. 16 (1). – S. 224-234.
CIVIL LAW
KHESINA Kseniya Borisovna
magister student of the O. E. Kutafin Moscow State Law University (MSAL)
WILLS EQUALIZED TO NOTARIZED WILLS: CURRENT PROBLEMS
This article is devoted to the analysis and identification of actual problems applied to the procedure for drawing up wills compared to notarized ones. The author has compiled a list of the main problems in the area under consideration that exist today, provided a brief explanation for each highlighted provision, identified the disadvantages and advantages of the certification procedure for different types of wills, suggested possible solutions to existing problems.
Keywords: notary public, notary, notarial activity, wills certification, other types of wills.
Work bibliographic list
1. Gorelik A. P. Inheritance by will: problematic issues of interpretation and application of individual norms // Inheritance law. – 2022. – No. 2. – P. 1-6.
2. Petrov E. Yu. Invalidity of the will. Prospects for the development of Russian inheritance law // Law. 2017. No. 4. P. 1-6
3. Filinova N. V., Tolstova I. A., Matveev P. A., Viktorov V. Yu. Contestation of a will as a kind of unfair behavior of heirs // Notary. – 2021. – No. 4. – P. 1-5.
4. Yaroshenko T. V. The role and significance of inheritance by will in modern conditions // Notary. 2019. No. 7 P. 1-4.
CIVIL LAW
YAJUN Cao
Doctoral Student of Philosophy in Law (Ph.D.) of the Sun Yat-Sen University School of Law, Guangzhou, China
A STUDY ON CHINESE TRUST LAW: A THOUGHT ON THE DUAL IMPUTATION PRINCIPLE FOR BREACH OF TRUST BY TRUSTEES
The principle of imputation is an important part of the legal norm of civil liability. In the study on trust law in China, whether the trustees should apply fault liability or no-fault liability for breach of trust is a hot topic of controversy among trust scholars in China. This paper proposes that the trustees’ breach of trust should apply the principle of dual imputation. Fault liability principle and no-fault liability principle do not exist in an either-or relationship, while functional complementarity is the norm between them. Trustees’ breach of trust includes the breach of the substantive obligations and the procedural obligations. Different forms of breach of trust contain the different behavioral risk consequences. The dual imputation principle of fault liability and no-fault liability can fit the characteristics of different forms of breach of trust.
Keywords: China, trust law, principle of imputation, substantive obligation, procedural obligation, breach of trust.
Work bibliographic list
1. Chengxin Peng. The Establishment of the Modern Reputation Principle of Civil Liability // Legal System and Social Development. 2001. no.2. P. 46.
2. Jianyuan Cui. The Contract Law should Follow the Dual Imputation Principle // Guangdong Social Science. 2019. No. 4. P. 225.
3. Guangxin Zhu. Research on the Accountability Principles of Liability for Breach of Contract // Political and Legal Forum. 2008. No. 4. P. 89.
4. Weiming Yu. On the Civil Liability of Trustees, Journal of Central South University // Social Science Edition.2007. No. 2. P. 160.
5 Chun Zhang On the Compensation Liability for Breach of Trust – comes from the Angle of the Application of Trust Law // Journal of East China University of Political Science and Law. 2005. No. 5. P. 20.
6. Harry M. Markowitz. Portfolio Selection // The Journal of Finance. Vol. 7, No. 1. (Mar., 1952). P. 78.
7. Trent S. Kiziah. The Trustee’s Duty to Diversity: An Examination of the Developing Case Law // 36 ACTEC L.J. 357 (2010). P. 361.
8. Edward C. Halbach. Jr. Trust Investment Law in the Third Restatement // 77 Iowa L. Rev. 1151 (1992). P. 1166.
9. Edward C. Halbach, The Gilbert Trust Law // Xue Zhang, Law Press. 2017. P. 232.
CIVIL PROCESS
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 cultural studies sub-faculty of the St. Petersburg State Marine Technical University
PREREQUISITES FOR THE EMERGENCE OF PRE-TRIAL DISPUTE RESOLUTION (ADR)
This article examines the legal nature of the pre-trial dispute settlement procedure (ADR), its objectives and rules. The methodological basis of the article was general scientific methods and special (historical-legal, comparative-legal, formal-legal, etc.) research methods. The article reveals the specifics of the legal regulation of the pre-trial dispute settlement procedure, analyzes the prerequisites for the emergence of pre-trial dispute settlement (ADR). Such grounds for pre-trial dispute settlement (ADR) as dispute and conflict are considered.
Keywords: pre-trial dispute resolution (ADR), dispute, conflict, arbitration, mediation.
Work bibliographic list
1. Bannikov R.Yu. Pre-trial procedure for settling disputes. M.: Infotropic, 2012. S. 240.
2. Lebedev S.N. Selected works on international commercial arbitration, international trade law, private international law, private maritime law. Moscow: Statut, 2009, p. 515.
3. Rozhkova M.A. Contract Law: Agreements on Jurisdiction, International Jurisdiction, Conciliation, Arbitration (Arbitration) and Settlement Agreements / Ed. ed. M.A. Rozhkova. M.: Statut, 2008. S. 283.
4. Deborah R. Hensler. How the alternative dispute resolution movement is reshaping our legal system. [Electronic resource]. – Access mode: https://www.rand.org/pubs/reprints/RP1090.html
5. Robert J. MacCoun, Edgar Lind. Alternative dispute resolution in Trial and Appellate Courts. [Electronic resource]. – Access mode: https://www.rand.org/pubs/reprints/RP117.html
BUSINESS LAW
DASHIN Alexey Viktorovich
Ph.D. in Law, professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
YAKUBENKOVA Karina Artushevna
magister student of the 2nd course of the I. T. Trubilin Kuban State Agrarian University
LEGAL REGULATION OF PUBLIC RELATIONS IN THE FIELD OF ELECTRIC POWER INDUSTRY: HISTORY AND MODERNITY
The article is dedicated to the formation and development of the energy legal industry. The Institute of Energy Law is the most important element of modern civil law. For its more successful application in practice, it seems important and necessary to turn to the experience of the past. The legal regulation of public relations related to the energy industry dates back to the end of the 19th century. However, it is quitematic to clearly define the place of energy law in the legal system due to the fact that, on the one hand, it represents the interests of individuals, and on the other – the interests of the state, whose duties include the protection of the rights of energy consumers. Special attention is paid in the article to the comparative analysis of the formation of the electric power legal institute in Russia and abroad.
Keywords: generation or acquisition of energy, energy legislation, energy supply organization, energy law.
Work bibliographic list
1. Vershinin A.P. Energy law. Educational and practical course. – St. Petersburg, 2019. – 288 p.
2. Grishchenko A. I., Zinovatny P. S. Energy law of Russia (Legal regulation of the electric power industry in 1885-1918). – M., 2008. – 280 s
3. Zinovatny PS Energy law of Russia (Legal regulation of the electric power industry in 1885-1918). Ed. 5th, revised. and additional – M., 2018. – 362 p.
4. Korneev A. V. State regulation in the US energy sector. – Institute of the USA and Canada. – M.: Nauka, 2004. – S. 48-55.
5. Lakhno P. G. Energy law of the Russian Federation: Formation and development. – M.: Publishing house of Moscow University, 2014. – 480 p.
6. McInerney J., Pitti W. Energy legislation in the USA and Canada. – Per. from English. E. Glazkova. – M., 2018. – 512 p.
7. Poskonin A. A. To the question of the role of energy law in the legal system of Russia // Energy Bulletin. – 2018. – No. 2-3 (17-18). – S. 28-33.
8. Svirkov S. A. Civil law regulation in the field of energy supply. – M.: Infotropic Media, 2019. – 412 p.
9. Shafir A. M. Energy law and the subject of its regulation // Energy and law. – 2017. – No. 4. – S. 26-34.
10. Vienna Convention on the International Sale of Goods. Comment. – M.: Legal literature, 1994. – P. 14.
FINANCIAL RIGHT
BOLVACHEV Aleksey Iljich
Ph.D. in economical sciences, professor of World financial markets and financial technologies sub-faculty of the G. V. Plekhanov Russian University of Economics
KOSHELEV Kirill Andreevich
postgraduate student of World financial markets and financial technologies sub-faculty of the G. V. Plekhanov Russian University of Economics
THE ISSUE OF THE DIGITAL RUBLE: ON THE QUESTION OF AGGREGATES OF THE MONEY SUPPLY
The article highlights the role of the digital ruble in the state economy. The advantages of the development of the country’s digital national currency are characterized. The place of the digital ruble in the money supply of the country is considered. The change in the volume of money supply in recent years has been analyzed. It is shown that the issue of a digital national currency will lead to a change in monetary aggregates and possibly the development of new ones.
Keywords: digital ruble, money supply, monetary aggregate.
Work bibliographic list
1. Leonov M. V., Zemtsova N. V. Formation of the system of monetary aggregates in the digital economy // Innovative development of the economy. – 2021. – No. 5 (65). – pp. 160-171
2. Monetary aggregates. [Electronic resource]. – Access mode: https://cbr.ru/statistics/macro_itm/dkfs/monetary_agg/
3. Monetary aggregates in Russia: М0, М1, М2, М3. Money supply and monetary aggregates. [Electronic resource]. – Access mode: https://businessman.ru/new-denezhnye-agregaty-v-rossii.html.
4. Money supply in Russia and its dynamics, structure and indicators. [Electronic resource]. – Access mode: https://infotables.ru/statistika/79-ekonomicheskaya-statistika-rossii/905-dinamika-denezhnoj-massy.
5. Popov E. V., Semyachkov K. A., Fairuzova D. Yu. Priorities of economic policy in the development of the digital economy // National interests: priorities and security. – 2019. – T. 13. – Issue. 7. – S. 1198-1214.
FINANCIAL RIGHT
IGNATJEVA Irina Valentinovna
Ph.D. in economical sciences, associate professor of General theoretical and state legal disciplines sub-faculty of the East-Siberian brunch of the Russian State University of Justice
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor of General theoretical and state legal disciplines sub-faculty of the East-Siberian brunch of the Russian State University of Justice
ZEDGENIZOVA Irina Ivanovna
Ph.D. in economical sciences, associate professor of Economics and digital business technologies sub-faculty of the Irkutsk National Research Technical University
ON THE DEVELOPMENT OF FINANCIAL AND LEGAL RELATIONS IN MODERN CONDITIONS OF RUSSIA
The article discusses the features and analyzes the prospects for the development of financial legal relations in the Russian Federation, taking into account the current situation in the financial sector. The current events in world and national politics and economy will inevitably lead to irreversible changes in the essence and content of financial relations. As a result, there is a need for scientific adjustment of the paradigm of financial legal relations. Therefore, as the purpose of the study, the article suggests priority directions for the development of financial legal relations for the current situation. As a result, the reasons and conditions determining the development of financial legal relations in the current conditions of the nature of their development are determined.
Keywords: financial relations, financial technologies, digitalization, sanctions, monetary policy.
Work bibliographic list
1. Alekseev A. S., Rukina S. N. Influence of regulation of financial relations on the development of digital technologies // Bulletin of the Altai Academy of Economics and Law. – 2021. – No. 3-2. – S. 139-145.
2. Muedinova E. A., Zekiryaeva A. A. Financial market in a crisis
In the collection: National economic systems in the context of the formation of the global economic space // Collection of scientific papers. Under the general editorship of Z. O. Adamanova. – Simferopol, 2022. – S. 332-335.
3. Bubnov Vyacheslav Anatolyevich Influence of the sanctions policy of unfriendly countries on the Russian financial system // Bulletin of the Baikal State University. – 2022. – T. 32. – No. 2. – S. 283-289.
4. Uvarov A. V., Soloviev M. V., Shevchenko O. I. Development of financial relations and economic systems in the digital economy // Actual research. – 2022. – No. 21 (100). – S. 118-120. – [Electronic resource]. – Access mode: https://apni.ru/article/4176-razvitie-finansovikh-otnoshenij-i-ekonomiches.
5. Morozko N.I., Morozko N.I., Didenko V.Yu. Digital transformations in financial relations in 2022-2023: problems and global trends // Economics. Taxes. Right. – 2022. – T. 15. – No. 1. – S. 45-55.
6. Kulikova T. Needle for the “universal bubble” // Pravda. – No. 72. – 07.07.2022.
7. Lun S., Knyazeva E. G. Positioning of settlements in national currencies in Russian-Chinese financial cooperation // Proceedings of the XVI International Conference “Russian Regions in the Focus of Changes”. Yekaterinburg, November 18-20, 2021. – S. 475-478. – [Electronic resource]. – Access mode: https://elar.urfu.ru/bitstream/10995/108884/1/978-5-91256-543-4_094.pdf.
FINANCIAL RIGHT
GASANOV Orkhan Babek ogly
postgraduate student of Administrative and financial law sub-faculty of the People’s Friendship University of Russia
COMPENSATION FOR DAMAGES AS A RESULT OF WITHDRAWAL OF LAND FOR PUBLIC PURPOSE IN ZONES WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES
This article analyzes the issue of compensation for losses as a result of the seizure of land for public needs in areas with special conditions for the use of territories. The author analyzes the issue of preserving the constitutional principle of the inviolability of property as a result of a significant restriction of the ownership of a land plot that has fallen under the legal regulation of the norms on zones with special conditions for the use of territories.
Keywords: eminent domain, land acquisition, just compensation, private property
Work bibliographic list
1. Shershenevich G.F. Favorites. T. 5: Textbook of Russian civil law. M., 2017. S. 298, 301-302
2. Commentary on article 1 of the Civil Code of the Russian Federation // Basic provisions of civil law: article-by-article commentary on articles 1 – 16.1 of the Civil Code of the Russian Federation: Commentary on the civil legislation of Gloss / Otv. ed. A.G. Karapetov. M., 2020. S. 51-55, 59-64
3. 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. 2020. No. 11. Art. 1416.
4. Decree of the Constitutional Court of the Russian Federation of May 16, 2000 No. 8-P “On the case of checking the constitutionality of certain provisions of paragraph 4 of Article 104 of the Federal Law “On Insolvency (Bankruptcy)” in connection with the complaint of the company “Timber Holdings International Limited” // Rossiyskaya Gazeta . No. 98. 2000.
5. Decree of the Constitutional Court of the Russian Federation of March 5, 2020 No. 11-P “On the case of checking the constitutionality of subparagraphs 4 and 5 of paragraph 1 and paragraph 5 of Article 57 of the Land Code of the Russian Federation in connection with the complaint of citizen I.S. Butrimova” // Rossiyskaya Gazeta. 2020. No. 57.
6. Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended on July 14, 2022) // Collection of Legislation of the Russian Federation. 2001. No. 44. Art. 4147.
7. Determination of the Third Court of Cassation of General Jurisdiction dated February 28, 2022 No. 88-3659/2022 // ATP ConsultantPlus
8. Decree of the Arbitration Court of the Volga-Vyatka District of June 10, 2021 No. F01-981/2021 in case No. A39-198/2020 // SPS ConsultantPlus
9. Federal Law No. 339-FZ of August 3, 2018 “On Amendments to Part One of the Civil Code of the Russian Federation and Article 22 of the Federal Law “On Enactment of Part One of the Civil Code of the Russian Federation”; Federal Law No. 340-FZ of August 3, 2018 (as amended on December 30, 2021) “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”; Federal Law No. 341-FZ of August 3, 2018 “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation in Part of Simplifying the Placement of Linear Facilities”; Federal Law No. 342-FZ of August 3, 2018 (as amended on December 30, 2021) “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 08/04/2018
10. Resolution of the Constitutional Court of the Russian Federation of July 3, 2019 No. 26-P “On the case of checking the constitutionality of Articles 15, 16 and 1069 of the Civil Code of the Russian Federation, paragraph 4 of Article 242.2 of the Budget Code of the Russian Federation and Part 10 of Article 85 of the Federal Law “On General Principles organizations of local self-government in the Russian Federation” in connection with the complaint of the administration of the urban district Verkhnyaya Pyshma” // Rossiyskaya Gazeta. 2019. No. 148.
11. Review of judicial practice on disputes related to the construction of buildings and structures in the protected zones of pipelines and within the boundaries of minimum distances to main or industrial pipelines (approved by the Presidium of the Supreme Court of the Russian Federation on 06/23/2021) // Bulletin of the Supreme Court of the Russian Federation. 2021. No. 9.
BUDGET LAW
ZEMSKOVA Svetlana Vitaljevna
magister student of the 2nd course of study of the Institute of Law of the Dagestan State University
GASANALIEV Aigum Shapievich
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
BUDGET LAW AND BUDGET PROCESS IN THE RUSSIAN FEDERATION
In connection with the functioning of state and local budgets, a wide range of public relations arises, which are regulated by a special subdivision (sub–branch) of financial law – budget law. Budget law is the central section of a special part of financial law, connected with other sections and institutions of the latter, which is due to the position of the budget in the financial system of the Russian Federation, its coordinating role. The article also emphasizes the importance of budgetary procedural norms, which consists in the fact that they establish organizational and legal forms of realization of the material budgetary rights of subjects of budgetary law, the mechanism of their implementation.
Keywords: budget law, budget process, budget, stages, principles, concept.
Work bibliographic list
1. Krokhina Yu.A. Budget law in Russia: a textbook for undergraduate and graduate students. – 6th ed., revised. and additional – Moscow: Yurayt Publishing House, 2019. – 345 p.
2. Boltinova O.V. On the issue of the subject of budgetary law of the Russian Federation // Russian law: education, practice, science. – 2014. – No. 1. – P. 38-46.
3. Voronko M.S. Development of the budget process in the Russian Federation. – Text: direct // Issues of Economics and Management. – 2019. – No. 4 (20). – P. 7-9.
4. Neshitoy A.S. Budgetary system of the Russian Federation: Textbook for bachelors. – 11th ed., revised. and additional – M .: Publishing and Trade Corporation “Dashkov and K”, 2018. – 312 p.
5. Ilyasov M.M. Problems and directions of improvement of the budgetary system of the Russian Federation. – Text: direct // Young scientist. – 2016. – No. 18 (122). – S. 250-253.
ENVIRONMENTAL LAW
NIKOLAENKO Natalya Sergeevna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofia Dmitrievna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PERSONALITY FEATURES OF CRIMINAL’S POACHERS WHO HAVE COMMITTED ILLEGAL EXTRACTION OF AQUATIC BIOLOGICAL RESOURCES IN THE SUBJECT OF THE FAR EASTERN FEDERAL DISTRICT OF THE KAMCHATKA TERRITORY
This article discusses the main characteristics of the personality of a criminal who has committed an illegal catch of aquatic biological resources. We will also form the concept and main features of poaching and the main characteristic features of this type of crime. On the example of the Kamchatka Territory, we will reveal the main reasons that are the impetus for the development of such a type of illegal fishing as poaching. In the course of a comparative analysis, we will identify the main features of the territory under study, as well as touch on the historical aspect to understand the issue. To reveal the issue in more detail, we also turned to the regulatory part, for a more detailed understanding of the issue.
Keywords: criminal identity, poaching, illegal extraction of aquatic biological resources, judicial practice, punishment.
Work bibliographic list
1. Kochergin G. M. Personality of a criminal-poacher: features of persons committing illegal extraction of aquatic biological resources in the subjects of the North-Western Federal District // Young scientist. – 2012. – No. 2 (37). – S. 198-202. – [Electronic resource]. – Access mode: https://moluch.ru/archive/37/4224/ (date of access: 07/17/2022).
2. Merezhnikova E. A. Criminological characteristics of the offender’s personality // Young scientist. – 2019. – No. 38 (276). – S. 46-48. – [Electronic resource]. – Access mode: https://moluch.ru/archive/276/62466/ (date of access: 07/17/2022).
ENVIRONMENTAL LAW
RYZHENKOV Anatoliy Yakovlevich
Ph.D. in Law, professor, professor of Civil law and process sub-faculty of the Kalmyk State University
ROMADIKOVA Viktoriya Mikhaylovna
Ph.D. in economic sciences, Dean of the Faculty of Government and Law of the Kalmyk State University
ABOUT THE NEW FUNCTIONS OF ENVIRONMENTAL MANAGEMENT BODIES DURING THE TRANSITION OF RUSSIA TO THE STANDARDS OF THE “GREEN” ECONOMY
The article notes that the transition to a “green” economy will entail a gradual change in the existing model of state environmental management, the emergence of new functions and new management bodies. For bodies of general competence, this will mean signing new international environmental treaties (by the President of the Russian Federation), amending the regulations on environmental management bodies, clarifying their existing functions (environmental supervision, monitoring, environmental expertise), regulating new environmental management functions (reducing greenhouse gas emissions, maintaining a register of their accounting), developing new political and legal acts (strategies, concepts) defining the stages and tasks of transition to a “green” economy by the President or the Government of the Russian Federation.
Keywords: “green” economy, management bodies, digitalization, law, rationing, circular economy, waste, ecology, climate, environmental supervision, environmental monitoring, greenhouse gases.
Work bibliographic list
1. Anisimov A. P. Legal regulation of digitalization processes in the field of ecology: theory questions // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1. – P. 48-53.
2. Bogolyubov S. A. Implementation of environmental policy through law. Monograph. – M.: INFRA-M, 2020. – P. 158.
3. Buchakova M. A. Coordination in the system of state and municipal management of environmental protection of the Russian Federation: author. dis. … cand. legal Sciences. – M., 2011. – S. ten.
4. Vlasov V. A. Public administration in the field of environmental protection and nature management: issues of theory and practice: author. dis. … cand. legal Sciences. – Yekaterinburg, 2007. – S. 17-18.
5. Ermolaeva Yu. V. Mobile applications in waste management: global and Russian trends // Scientific result. Sociology and management. – 2018. – Volume 4. – No. 2. – P. 62.
6. Zelenkova K. S. Electronic services as a component of electronic government // Podolsky Scientific Bulletin. – 2020. – No. 3-4. – S. 110-116.
7. Krasnova I. O. Concepts of environmental management in foreign law // State and law. – 1995. – No. 1. – P. 141.
8. Plotnikov V. A., Khalil M. R. A. On the organizational support of the state policy for the development of green economy // Beneficium. – 2020. – No. 1. – P. 51.
9. Semerkov S. S. Problems of improving public administration in the field of environmental security in Russia in the digital economy // Law: history, theory, practice. Collection of materials of the III International part-time scientific-practical conference. – M .: Scientific and publishing center “Empire”, 2018. – P. 88.
CRIMINAL LAW
BAIROV Andrey Semyonovich
senior lecturer of Philosophy and socially-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia
THE IMPACT OF INTERNATIONAL COOPERATION ON THE SITUATION IN THE FIELD OF DRUG TRAFFICKING IN MONGOLIA
The article considers the problem of actual analysis of the situation in the sphere of drug crime prevention in Mongolian people`s republic. Certain types of crimes committed during the modern period and the results of countering them are investigated. Regulatory legal acts aimed at stabilizing the operational situation in Mongolia are studied. Analyzes the impact of international cooperation on the situation in the field of drug trafficking in Mongolia. A historical review of the drug situation in Mongolia in the pre-revolutionary period has been carried out. Drug trafficking in Central Asia is being considered.
Keywords: offense, drug crime, drug-dangerous areas, unemployment, the recurrence of the crime, causes of drug use, Republic of Buryatia, the northern districts of Mongolia.
Work bibliographic list
1. Archive of the Information Center of the Ministry of Internal Affairs for the Republic of Buryatia.
CRIMINAL LAW
ZAGAYNOV Vladimir Vladimirovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Law Institute (Branch) of the All-Russian State University of Justice of the Ministry of Justice of the Russian Federation (RLA of the Ministry of Justice of Russia)
AVERINSKAYA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
RADCHENKO Olga Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
CHIBUNIN Vladimir Mikhaylovich
senior lecturer of Tactical and special training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
FEATURES OF THE QUALIFICATION OF THE SALE OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES OR THEIR ANALOGUES COMMITTED USING MASS MEDIA OR ELECTRONIC OR INFORMATION AND TELECOMMUNICATION NETWORKS (INCLUDING THE INTERNET)
Digitalization and informatization of social processes have affected the norms of Russian law. Social relations have moved into a new reality and demanded immediate adaptation from their participants. The criminal legislation of Russia has also undergone certain changes, which has led to the criminalization of certain acts and qualifying (especially qualifying) signs. At the same time, a number of issues have matured in law enforcement practice. Based on court verdicts, the article discusses the rules and procedure for qualifying the sale of narcotic drugs, psychotropic substances or their analogues committed using mass media or electronic or information and telecommunication networks (including the Internet).
Keywords: electronic networks, information and telecommunication networks (including the Internet), sale of narcotic drugs, psychotropic substances or their analogues, the objective side of the crime.
Work bibliographic list
1. Federal Law “On Communications” dated July 7, 2003 No. 126-FZ. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_43224 (date accessed: 08/11/2022).
2. Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996 (as amended on July 18, 2022). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_10699/c6e15d3f1ba69acd08e0639594df466ecdf1958d/ (date accessed: 08/11/2022).
3. Appellate ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 15, 2015 No. 48-APU15-45. – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71189882// (date accessed: 08/11/2022).
4. Cassation ruling of the Seventh Cassation Court of General Jurisdiction dated May 19, 2020 No. 77-701/2020. – [Electronic resource]. – Access mode: www. https://client.consultant.ru/site/list/?id=101571411 (date accessed: 08/11/2022).
5. Appellate ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 17, 2018 No. 48-APU-17-30. – [Electronic resource]. – Access mode: https://demo.consultant.ru/cgi/online.cgi?req=doc&ts=JFtHDETGSRgxLNXm&cacheid=E56ABC63E70E24239545B34ABC63EC41&mode=splus&base=ARB&n=535986#BOQIDETAXvB7JOWj1 (date accessed: 08/11/2022).
CRIMINAL LAW
KUMYSHEVA Marina Kadirovna
Ph.D. in Law, senior lecturer of Law enforcement sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ABAZOVA Elena Khabalovna
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
CRIMES CAUSING PUBLIC OUTCRY
Crimes that cause a public outcry are not an easy topic to study. In the Criminal Code, this type of offense is not singled out in a separate article, mention of such crimes can be found in some normative legal acts. It is necessary to pay increased attention to crimes that cause a public outcry, since in this case the perception of facts changes. Eyewitnesses of the incident and persons who received information through the media / Internet / telecommunication networks have a sharply negative attitude to what is happening. On the basis of regulatory legal acts and research by some scientists, the authors in the article made an attempt to identify the types of offenses that can lead to public outcry.
Keywords: public response, negative public opinion, emotional response, offense, crime, corruption crimes, terrorist crimes, extremist crimes.
Work bibliographic list
1. Drozdov D. E. Types of crimes that cause public outcry. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vidy-prestupleniy-vyzyvayuschih-obschestvennyy-resonans.
2. Ivantsov S. V., Lebedev S. Ya. On ensuring consistency in the criminological assessment of organized crime // Russian criminological view. – 2009. – No. 1 (17). – S. 234-238.
3. Venev D. A. The jurisdiction of the court with the participation of jurors in the criminal process of Russia – issues and prospects // Russian justice. – 2016. – No. 10. – P. 50-52.
4. Sedykh D. A. Bribery for the purpose of appointment to a public position // Russian justice. – 2016. – No. 9. – P. 52-55.
5. Likholetov A. A., Kuleshov P. E., Likholetov E. A. On the improvement of criminal liability for the circulation of state awards of the Russian Federation, the RSFSR, the USSR // Russian justice. – 2016. – No. 9. – S. 49-51.
6. Demin G. I., Kibak G. I. Improving the management of internal affairs bodies for the prevention and suppression of extremist crimes that have a great public resonance // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2012. – No. 2. – S. 56-60.
7. Evlanova O. A., Iliy S. K., Koimshidi G. F., Krasnikova E. V., Shekk E. A. The state of corruption crime in the Russian Federation in 2015 // Business Security. – 2016. – No. 3. – P. 40-50.
CRIMINAL LAW
LATYPOVA Dinara Mansurovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal and penal law sub-faculty of the Samara Law Institute of the FPS of Russia
KOROLEVA Xeniya Alekseevna
cadet of the 3rd course of the Samara Law Institute of the FPS of Russia
DRIVING TO SUICIDE ON THE INTERNET: QUALIFICATION ISSUES
The article is devoted to the problems of qualifying incitement to suicide committed on the Internet. The concepts of cyber bullying, cyber bullying, forms and methods of committing criminal acts are considered. An analysis of the norms of the criminal Russian legislation, a comparison with the norms of foreign law is carried out. The forms of guilt in bringing to suicide are investigated. Substantiates the intentional form of guilt as part of the crime – bringing to suicide. The age of criminal responsibility for this crime is analyzed, a proposal is made to reduce it.
Keywords: suicide, juvenile, cyberbully, cyberbullying, crime, qualification, guilt, Internet.
Work bibliographic list
1. Maletina M. A. “Groups of death” and teenage suicide: a criminal-legal aspect // Eurasian legal journal. – 2019. – No. 4 (107). – S. 209-211.
2. Krasikov Yu. A. Commentary on the Criminal Code of the Russian Federation, ed. V. M. Lebedev. – M.: Norma, 2005. – S. 277.
3. Sklyarov SV Criminal law of Russia. Parts General and Special: textbook, ed. A. V. Brilliantova. – M.: Prospekt, 2021. – S. 399.
4. Adelkhanyan R. A. Criminal law of Russia. Practical course / Under the general. ed. A. I. Bastrykin, under the scientific. ed. A. V. Naumova. – M.: Wolters Kluver, 2007. – S. 347.
5. Borzenkov G. N. Commentary on the Criminal Code of the Russian Federation / Otv. Ed. V. M. Lebedev. – M.: Yurayt-Izdat, 2006. – S. 316.
CRIMINAL LAW
MIRZAKHANYAN Gevorg Volodyaevich
chief specialist-expert, Ministry of Economic Development of the Russian Federation
DESTRUCTION OF SOCIO-CULTURAL TIES IN A GROUP AS A WAY TO PERMIT GENOCIDE
When identifying the fundamental characteristics of a social group that are important in the case of a crime, we support the position that the basis for the association of people into social groups is a set of, first of all, socio-cultural characteristics (value orientations , norms, traditions, moral principles, worldview, style and lifestyle, etc.). It is aboutneither to stabilize the social group, save it from the tendencies of disintegration. Thus, a social group can be considered as an integral system consisting of members of such a group – elements of the system united by certain socio–cultural characteristics – connections. The question of the status of culture and its role in the aspect of establishing responsibility for the commission of genocide is controversial. Up to a certain point, a person was evaluated as a product of cultural influence. At the same time, culture was perceived as a consequence of the historical development of society, predetermined and independent. In general, today the understanding of cultural genocide is often reduced to the destruction of material (books, works of art, architectural structures) and intangible (language, history) cultural objects. Attempts to use the concepts of “ethnocide” and “cultural genocide” as equivalent, introduces uncertainty into the perception of certain acts, since the phenomenon called cultural genocide can really be considered as a prerequisite for the commission of genocide, its harbinger, while, in our opinion, ethnocide is a kind of genocide actually committed, since encroaches directly on the existence of groups protected by the 1948 Convention.
Keywords: genocide, ethnocide, cultural genocide, mass destruction, international responsibility, crimes against humanity, violation of human rights and freedoms.
Work bibliographic list
1. United Nations Convention “On the Prevention and Punishment of the Crime of Genocide” dated 09.12.1948 (Adopted by resolution 260 (III) of the UN General Assembly).
2. Rome Statute of the International Criminal Court (2002) 2187 UNTS 90. – Art. 6.
3. Convention for the Protection of Cultural Property in the Event of Armed Conflict. Concluded in The Hague on May 14, 1954 // Bulletin of the USSR Armed Forces. – 1957. – No. 3. – Art. 54.
4. UNESCO Latin-American Conference, Declaration of San Jose, 11 December 1981, UNESCO Doc. FS 82/WF.32 (1982), reproduced in James Crawford, The Rights of Peoples. – Oxford: Clarendon Press, 1988.
5. Avanesyan VV Genocide: a criminological study. Abstract Diss. Ph.D. – Moscow, 2010. – P. 11.
6. Babayan M. E. The phenomenon of cultural genocide: history and modernity // Eurasian integration: economics, law, politics. – 2020. – No. 3. – P. 99-111.
7. Belyakova Yu. L. Sociocultural approach: stages of formation and sociocultural approach: stages of formation and main imperatives // State Administration. – 2011. – No. 29. – P. 1.
8. Vartanyan V. M. Criminal liability for genocide. Abstract Dis. … cand. legal Sciences. – 2000. – P. 13.
9. Gritsaev S. A. Theoretical aspects of justice under the Rome Statute of the International Criminal Court: author. dis. … cand. legal Sciences. – M., 2005. – S. 14-15.
10. Egorov P. D. Social communities: their forms and structure // Fundamental and applied research: problems and results: collection of materials of the XXIII International Scientific and Practical Conference, Novosibirsk, April 25. – 2017. – S. 74-78.
11. Kagan M. S. And again about the essence of man // Alienation of man in the perspective of globalization of the world. – 2001. – No. 1. – P. 67.
12. Kunashev A. A. “Social group” as a criminal law sign / Gaps in Russian legislation // Law Journal. – 2011. – No. 4. – S. 282-285.
13. Lemkin R. The Board of the Axis States in Occupied Europe, 1944. – P. 93-94.
14. Lukashuk I. I. International criminal law and the legal system of the Russian Federation // Journal of Russian law. – 1997. – No. 10. – P. 51.
15. Markelova A. A. Cultural genocide: the problem of international legal status // Actual problems of the humanities and socio-economic sciences. – 2019. – T. 13. – No. 6. – S. 118-121.
16. Martirosyan A. S. Genocide in the decisions of modern international tribunals. Abstract Dis. … cand. legal Sciences. – Krasnodar, 2014. – P. 10.
17. Pankratova E. D. Criminal and legal characteristics of genocide. Abstract Dis. … cand. legal Sciences. – Moscow, 2010. – P. 3.
18. Savchenko D. V. The functioning of small social groups in the conditions of the transforming Russian society (on the example of departments of internal affairs bodies). Dis. … cand. sociological Sciences. – Krasnodar, 2016. – P. 9.
19. Torbagaev A. N., Moskalev G. L. The main directions of improving the norm on criminal liability for genocide in the Criminal Code of the Russian Federation // All-Russian Criminological Journal. – 2016. – Volume 10. – No. 3. – P. 515.
20. Criminal liability for genocide (Article 357 of the Criminal Code of the Russian Federation). – Krasnoyarsk: Sib. feder. un-t, 2017. – P. 50.
21. Bartolome Clavero. GenocideOr Ethnocide, 1933-2007. – Milano, 2008. – P. 14.
22. Ben Kiernan, “Genocide and “Ethnic Cleansing”, in Robert Wuthnow // The Encyclopedia of Politics and Religion, Vol. I. – Washington: Congressional Quarterly, 1998. – Pp.294-9 at p.295.
23. Bilsky L., Klagsbrun R. The Return of Cultural Genocide? // European Journal of International Law. – Volume 29. – Issue 2, May 2018. – P. 373-396.
24. Lemkin R. Genocide – a Modern Crime // Free World. – 1945. – Vol. 4. – P. 39-43.
25. Lemkin R. Axis Rule in Occupied Europe: Laws of Occupation, Analysis of Government, Proposals for Redress// Washington: Carnegie Endowment for International Peace. – 1944. – P. 79.
26. Lippman M. The Development and Drafting of the United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, 17 B.C. Int’l & Comp. L. Rev. – 275 (1994). – Rp. 62-63.
27. Makuha G. V. A problem of essence and existence of man in modern domestic philosophy // Scientific Notes of Taurida National V. I. Vernadsky University. Series: Philosophy. Culturology. political sciences. sociology. – 2012. – Vol. 24(65). – No. 1-2. – P. 140.
28. New Directions in Genocide Research / ed. by A. Jones. – Abingdon, 2012.
29. Sandhar J. K. Cultural Genocide in Tibet: The Failure of Article 8 of the United Nations Declaration on the Rights of Indigenous Peoples in Protecting the Cultural Rights of Tibetans Santander Art and Culture // Law Review. – 2015. – P. 180.
30. Sorokin P.A. Society, culture, and personality: Their structure and dynamics. A system of general sociology. – N.Y.: Harper & bros, 1947.
31. Prosecutor v. Krstic, Case No. IT-98-33, Judgment (Chamber of Appeal), 19 April 2004.
32. Prosecutor v. Setako Case No. ICTR-04-81-A/-T, T. Ch. I, 25 February 2010.
33. Prosecutor v. Karemera, Case No. ICTR-98-44-T, Arusha, 2 February 2012.
34. Prosecutor v. Ahmad Al Faqi Al Mahdi. ICC-01/12-01/15. 27 September 2016.
35. Sorokin P. A. Man. Civilization. Society. – M.: Politizdat, 1992. – S. 218.
36. Kagan M.S. Human Alienation in the Perspective of the Globalization World. – St. Petersburg: Petropolis, 2001. – P. 55.
37. Trainin A. N. Selected Works. – M., 2004. – S. 198.
CRIMINAL LAW
STARZHINSKAYA Ekaterina Aleksandrovna
Contract management expert, “Western-Siberian Petrochemical Complex” limited liability company
CRIMINAL LIABILITY FOR BRIBERY UNDER THE LAW OF THE RUSSIAN FEDERATION AND THE FEDERATIVE REPUBLIC OF GERMANY
In the article the author analyzes the criminal norms on the responsibility for giving and accepting bribes in the legislation of the Russian Federation and the Federal Republic of Germany. The relevance of the research is due to the importance of combating the negative social phenomenon – corruption at both the national and supranational levels, the need for legislators to respond effectively to the new challenges in this area and to possibly find new solutions including taking into account foreign experience. The aim is to find out the similarities and differences in the use of criminal legal means in the legislation of Russia and Germany in the fight against bribery. In the article the author describes and evaluates some of the identified features of the German legislation in relation to giving and accepting benefits, bribes, analyzes the structure of the relevant articles of laws and the approach to determining the corpus delicti. The results of the study can be used in the preparation of educational materials on the subjects “Criminal Law”, “Comparative Jurisprudence”, “International Criminal Law” in order to familiarize the students with the current state of the fight against corruption in a foreign country country, increase the volume of professional knowledge, and form the intolerant attitude to any manifestations of corruption.
Keywords: corruption, taking a bribe, giving a bribe, mediation in bribery, minor bribery, European public official.
Work bibliographic list
1. Golovnenkov P.V. Criminal code of the Federal Republic of Germany – Strafgesetzbuch (StGb): scientific and practical commentary and translation of the text of the law. – Potsdam: Potsdam University Press, 2021. – 490 p.
2. Epifanova E. V. On the influence of German criminal law science on the formation and development of the Russian science of criminal law (historical and legal aspect) // Problems of Economics and Legal Practice. – 2009. – No. 1. – S. 88-94.
3. Izosimov S. V. The subjective side of receiving and giving a bribe: criminal law analysis // Russian Journal of Economics and Law. – 2012. – No. 4 (24). – S. 35-41.
4. Scientific and practical commentary on Chapter 22 “Crimes in the sphere of economic activity” of the Criminal Code of the Russian Federation. In 2 vols. T. 1. – M .: Law Firm “KONTRAKT”, 2020. – 453 p.
5. Criminal law of the Russian Federation. Special Part / Ed. I. E. Zvecharovsky. – M.: Norma: INFRA-M, 2020. – 975 p.
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
In order to prevent the mass dissemination of appeals to other persons in order to encourage them to commit illegal actions to the detriment of the security of the state, Federal Law No. 260-FZ of 07/14/2022 supplemented the Criminal Code of the Russian Federation with Article 280.4. The article analyzes certain objective signs of public calls to carry out activities against the security of the Russian Federation or to obstruct the execution of their powers by the authorities to ensure the security of the Russian Federation. Possible controversial issues of delineation of the crime provided for by art. 280.4 of the Criminal Code of the Russian Federation from related crimes, as well as in the competition of criminal law norms, and some qualification options are proposed.
Keywords: crime, criminal responsibility, security of the Russian Federation, public appeals, obstruction of the execution by authorities of their powers to ensure security.
Work bibliographic list
1. Zolotareva E. V. Criminalization processes in the Russian Federation as a political problem // Bulletin of the Kemerovo State University. – 2015. – No. 4-2 (64). – S. 112-115.
2. Shevchenko P. N. To the question of the content of the concept of “public order” // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 11. – P. 37-40.
CRIMINAL LAW
SULEYMANOV Talyat Alievich
associate professor of criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NAZARKIN Evgeniy Valerjevich
associate professor of the Institute of the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
ZHARKO Natalya Viktorovna
associate professor of criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
CORRELATION OF THE CRIMINAL-LEGAL CONCEPTS OF “BRIBERY” AND “CORRUPTION”
Receiving and giving a bribe are among the most common types of official crimes of corruption. Receiving and giving a bribe, being a corruption crime, tends to increase the number of crimes committed. In 2021, 17,563 criminal cases were initiated on the facts of committing corruption crimes, which is 15% more than last year [1]. At the end of 2021, the Russian Federation scored 29 points in the Corruption Perceptions Index and took 136th place out of 180 possible [2]. Receiving and giving a bribe harms the interests of the civil service, discredits the authority of state power, and undermines the confidence of the population in state and municipal bodies. The above facts indicate that receiving and giving bribes pose a threat to the national security of the Russian Federation. In practice and in the legal literature, the listed elements of crimes are combined conditionally by the general concept of bribery [3] and are included in the concept of “corruption crime”. The criminal law regulation of combating bribery needs permanent improvement of the criminal law.
Keywords: malfeasance, corruption, bribery, judicial practice.
Work bibliographic list
1. The Investigative Committee of the Russian Federation disclosed the statistics of corruption crimes for 2021. – [Electronic resource]. – Access mode: https://regnum.ru/news/3445719.html.
2. Corruption perception index. – [Electronic resource]. – Access mode: https://transparency.org.ru/research/indeks-vospriyatiya-korruptsii/rossiya-v-indekse-vospriyatiya-korrupczii-2021-29-ballov-i-136-e-mesto.
3. Decree of the Plenum of the Supreme Court of the Russian Federation of July 9, 2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes”.
4. Federal Law No. 25 December 2008 No. 273-FZ “On Combating Corruption”.
5. Klepitsky I. A., Rezanov V. I. Receiving a bribe in the criminal law of Russia. – M., 2002. – S. 24.
6. Jani P. S. Bribery: concept and object // Bulletin of Moscow University. Episode 11 – 2016. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vzyatochnichestvo-ponyatie-i-obekt (date of access: 07/25/2022).
7. Melnikova V. E. Responsibility for bribery. – M., 1982. – S. 7; Kvitsinia A.K. Official crimes: criminal law and criminological aspects. – Tbilisi, 1988. – P. 154; Lyapunov Yu. I. Self-serving offenses are intolerable. – M., 1989. – S. 85.
8. The General Prosecutor’s Office of the Russian Federation analyzed the state of corruption crimes in 2021. – [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/mass-media/news?item=67360817.
9. Golomazov A. A. The concept and characteristics of a significant violation of the legally protected interests of society and the state as consequences of abuse of official powers // Young scientist. – 2020. – No. 12 (302). – S. 176-178. – [Electronic resource]. – Access mode: https://moluch.ru/archive/302/68269/ (date of access: 07/28/2022).
CRIMINAL LAW
BONDARENKO Ivan Vasiljevich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
FROLOVSKAYA Yuliya Ivanovna
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
WRONG BEHAVIOR AS THE MAIN CONDITION FOR BRINGING TO RESPONSIBILITY IN FAMILY LAW
The study is dedicated to wrongfulness as the main condition for prosecution in family law. It focuses on the grounds and conditions for bringing to responsibility the participants in family legal relations. Offenses in the sphere of family relations from other acts are distinguished by the object of encroachment. Unlike civil legal relations, wrongfulness in family law has its own characteristics, since absolutely definite norms are rare, this is due to the inability to resolve family legal relations in an unambiguous way. Most family law norms are situational in nature, which are specified by court decisions.
Keywords: liability, conditions of liability, grounds for liability, offense, family law.
Work bibliographic list
1. Bondarenko IV, Frolovskaya Yu. methodological aspects”. – 2021. – No. 22. – P. 40-43.
2. Bondarenko I. V., Frolovskaya Yu. I. Problems of protecting the rights and interests of children under the family legislation of the Russian Federation // Penitentiary system at the present stage and prospects for its development. Collection of abstracts of speeches and reports of the participants of the International Scientific and Practical Conference. In 6 volumes. – 2020. – S. 263-266.
3. Braginsky M. I., Vitryansky V. V. Contract Law: Research. Book. 1. General Provisions. 2nd ed. – M., 2002. – S. 568-569.
4. Merkulov VV Civil law contract in the mechanism of regulation of commodity-money relations: Monograph. – Ryazan, 1994. – S. 167.
5. Rabets A. M. Problems of strengthening moral principles in the norms and personal non-property rights and obligations of parents and children // Semeynoe pravo. – 2003. – No. 1. – P. 21.
6. Civil law. T. 1 / Resp. ed. A. P. Sergeev, Yu. K. Tolstoy. pp. 665-666.
7. Tarkhov V. A. Responsibility under Soviet civil law. – Saratov, 1973. – S.72-73, 84-85.
CRIMINAL LAW
SHAGANOVA Olga Mikhailovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAB Oksana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the RANEPA under the President of the Russian Federation
CORRUPTION CRIMES UNDER THE LEGISLATION OF THE REPUBLIC OF ARMENIA AND PUNISHMENT FOR THEM
The article analyzes corruption crimes and penalties for them under the legislation of the Re-public of Armenia. The peculiarity of the named criminal code is the presence of an appendix, which contains a closed list of articles or parts of articles related to corruption. The authors, examining the presented list, come to the conclusion that in total it reflects 32 positions from six chapters included in four sections of the Special Part of the Criminal Code of the Republic of Armenia, most of which are reflected in chapter 29 “Crimes against public service” of section 11 “Crime against state power”. At the same time, in most norms, the legislator establishes alternative sanctions.
Keywords: corruption crimes, criminal legislation of the Republic of Armenia, criminal law, corruption.
Work bibliographic list
1. Anichkin E. S., Botvin I. V. Comparative legal analysis of the criminal legislation of European countries and the Russian Federation for causing property damage by deception or abuse of trust // Altai Legal Bulletin. – 2014. – No. 1. – P. 48-52.
2. Official website of Transparency International in Russia. – [Electronic resource]. – Access mode: https://transparency.org.ru/research/indeks-vospriyatiya-korruptsii/rossiya-v-indekse-vospriyatiya-korrupczii-2021-29-ballov-i-136-e-mesto (date of access: 11.07 .2022).
3. Criminal Code of the Republic of Armenia. – [Electronic resource]. – Access mode: https://www.arlis.am/ (date of access: 07/12/2022).
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
SOME ISSUES OF QUALIFICATION OF SOCIALLY DANGEROUS ACTS COMMITTED WITH THE USE OF TORTURE
The article examines in the light of legislative novelties leading to strengthening criminal responsibility for torture, some controversial issues on the subject and objective side of such acts, as well as on the terminological interpretation of the definition of torture. The possible variants of the qualification of the actions of an official committed with the use of torture are considered.
Keywords: crime, torture, physical or moral suffering, abuse of official authority, coercion to testify.
Work bibliographic list
1. Balandin, A. L. A law enforcement officer: the problem of the unity of the concept and content // Bulletin of the Omsk University. Series: Law. – 2021. – T. 18. – No. 1. – S. 84-88.
2. Reshetnikova, G. A. The subject of coercion to testify in the context of the draft law on establishing criminal liability for torture // Legal Bulletin of the Kuban State University. – 2022. – No. 2. – P. 40-46.
CRIMINAL LAW
HOLAMKHANOVA Zarema Radjevna
assistant referee of the Nalchik City Court of the Kabardino-Balkarian Republic
LEVELS OF FORMATION AND IMPLEMENTATION OF THE METHODOLOGY OF CRIMINAL LAW
The levels of formation and implementation of the methodology of criminal law are determined. The author substantiates the determining role of philosophical laws and categories in the methodology of criminal law, the role of heuristic algorithms and activities carried out on a non-algorithmic basis in the methodology of the formation of criminal law norms and the practice of their application.
Keywords: science, methodology, branch of law, criminal law, criminal law regulation.
Work bibliographic list
1. Philosophy / ed. prof. O. A. Mitroshenkova. – M.: Gardariki, 2004. – 655 p.
2. Wikipedia. heuristic algorithm. – [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (date of access: 06/06/2022).
3. Alekseev P. V., Panin A. V. Philosophy. 4th ed. – M.: Prospect. 2007. – 588 p.
4. Tolgurova Z. Kh., Khakunov A. M. Features of pre-trial cooperation in the course of criminal proceedings // Eurasian Law Journal. – 2021. – No. 7 (158). – S. 370-371.
CRIMINAL LAW
KUMYSHEVA Marina Kadirovna
Ph.D. in Law, senior lecturer of Law enforcement sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ABAZOVA Elena Khabalovna
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
ON THE ISSUE OF TOUGHER PENALTIES FOR CRIMES AGAINST PUBLIC SAFETY AND PUBLIC ORDER, STATE POWER, PEACE AND SECURITY OF MANKIND
The topic covered in this article is very important. Peaceful existence in the state is impossible without a sense of security and respect for the foundations of public order. The authors of the article reviewed the articles of the Criminal Code, which have been amended in recent years to toughen penalties, especially noting the changes adopted in 2022.
Keywords: territorial integrity, national security, crimes against humanity, human security, socially dangerous offenses.
Work bibliographic list
1. Stepenko A. V. Tougher penalties for crimes against public security and public order, state power, peace and security of mankind. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/uzhestochenie-nakazaniy-za-prestupleniya-protiv-obschestvennoy-bezopasnosti-i-obschestvennogo-poryadka-gosudarstvennoy-vlasti-mira.
2. Karchaeva K. A. Problems of countering crimes committed using the Internet / K. A. Karchaeva // Eurasian legal journal. – 2020. – No. 7 (146). – S. 278-280.
3. Pilyugina T. V., Yakovenko I. A., Sidorenko T. N., Tarakanova L. A. Ensuring the national security of the state in the context of suppressing illegal acts against the world and humanity: criminal law analysis. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obespechenie-natsionalnoy-bezopasnosti-gosudarstva-v-kontekste-presecheniya-protivopravnyh-deyaniy-protiv-mira-i-chelovechestva.
CRIMINAL LAW
PEYZAK Ruslan Igorevich
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 RELATED TO OBTAINING PUBLIC FUNDS (ARTICLE 640-BIS 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 peculiarities of Italian criminal law and the implementation of Italian criminal law policy in this area.
Keywords: Fraud, public funding, mortgage, criminal policy, foreign countries, confiscation, 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. Ignatov, A. V. Serebrennikov; 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. Krylov. – 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
PETAYCHUK Anton Andreevich
senior lecturer in Criminal law sub-faculty, postgraduate student of the Faculty of Law of the Amur State University
ON THE ISSUE OF PROVIDING ASSISTANCE TO PUBLIC ASSOCIATIONS IN THE WORK OF INSTITUTIONS EXECUTING A SENTENCE OF IMPRISONMENT
The article analyzes the penal enforcement legislation regulating the possibility of participation of public associations in the correction of convicts in places of deprivation of liberty. Special attention is paid to the analysis of Article 23 of the Penal Enforcement Code of the Russian Federation. The author examines the dispositions of individual articles of the codified normative act in relation to the provisions of other federal laws and expresses his critical judgments on their relevance. The article makes proposals aimed at improving the penal enforcement legislation, which regulates the issues of assistance to public associations in the work of institutions executing sentences in the form of imprisonment.
Keywords: public associations, convicts, assistance, public impact, correctional institutions, deprivation of liberty.
Work bibliographic list
1. Diamonds A.V., Kurganov S.I. Commentary on the Criminal Executive Code of the Russian Federation (item-by-article) / Ed. A.V. Diamond. 3rd ed., revised. and additional – M.: Prospekt, 2016. – P. 24.
2. Explanatory Dictionary of Ozhegov. [Electronic resource]. – Access mode: https:slovariki.org/tolkovyj-clovar-ozegova (accessed 07/25/2022)
3. Butenko T.P., Petaichuk A.A. Public influence as a means of correcting convicts: expectation and reality // Legal system of Russia: history, modernity, development trends. Collection of materials of the VIII scientific-practical conference. – Blagoveshchensk: AmGU, 2021. – P. 25.
4. Sakharov A.B. The role of the public in strengthening the Soviet legal order // Questions of Philosophy. – 1960. – No. 3. – P. 33.
5. Small Encyclopedic Dictionary of Brockhaus and Efron. [Electronic resource]. – Access mode: http://slovari.yandex.ru/dict/brokminor/article (date of access: 07/26/2022)
6. Braithwaite J. Crime, shame and reunion. – M., 2002. – S. 203.
CRIMINAL LAW
Romanova Natalya Vladimirovna
competitor for the degree of the Ph.D. in Law of Criminal law sub-faculty of the Faculty of Law of the A. I. Herzen Russian State Pedagogical University
PRACTICAL ASPECTS OF EARLY PREVENTION OF JUVENILE DELINQUENCY IN THE CZECH REPUBLIC
The article systematizes the practical aspects of early prevention of juvenile delinquency in the Czech Republic. The complex of practical activities of subjects of early prevention of juvenile delinquency in the Czech Republic is summarized, which consists of sequential measures of primary prevention of risky behavior of adolescents: methodological support for such prevention, certification of developers of primary prevention programs, development and execution of these programs.
Keywords: juvenile delinquency, early prevention, juvenile delinquency, risky behavior, Czech Republic.
Work bibliographic list
1. Charvát, M., Jurystová, L., Miovský, M.: Praha, Univerzita Karlova v Praze & Togga 2012. 52 s.
2. Miovský, M. a kol. Výkladový slovník základních pojmů školské prevence rizikového chování. Prague: Univerzita Karlova v Praze & Togga. 2012. 232 s.
3. Miovský, M., Skácelová, L., Zapletalová, J., & Novák, P. (Eds.). Primary prevence rizikového chování ve školství. Tisnov. Praha, Univerzita Karlova v Praze & Togga, 2010. 152 s.
4. Miovský. M. Prevence rizikového chování ve školství I. Praha: Univerzita Karlova v Praze & Togga. 2015. S. 11.
5. Pavlas Martanová, V. Standardy odborné způsobilosti poskytovatelů programů školské primární prevence rizikového chování. Prague: Univerzita Karlova v Praze & Togga. 2012. 196 s.
CRIMINAL LAW
HOLAMKHANOVA Zarema Radjevna
assistant referee of the Nalchik City Court of the Kabardino-Balkarian Republic
METHODOLOGY OF THE SCIENCE OF CRIMINAL LAW AND METHODOLOGY OF CRIMINAL LAW AS A BRANCH
The methodology of criminal law regulation and the methodology of the science of criminal law aimed at studying and implementing its prescriptions in law-making and law enforcement activities are considered. The concepts of the methodology of the science of criminal law and the methodology of criminal law as a legal branch are defined.
Keywords: science, methodology, branch of law, criminal law, criminal law regulation.
Work bibliographic list
1. Actual problems of the General part of criminal law. Textbook / Ed. Podroikina I. A., Fargiev I. A. – M .: Prospekt, 2020. – 544 p.
2. Actual problems of the Special part of criminal law. Textbook / Ed. Podroikina I. A., Ulezko S. I. – M .: Prospekt, 2020. – 768 p.
3. Philosophy / Ed. prof. O. A. Mitroshenkova. – M.: Gardariki. 2004. – 655 p.
4. Ardavov M. M., Tolgurova Z. Kh. Cooperation with the investigation. Advantages and disadvantages // Eurasian legal journal. – 2021. – No. 10 (161). – S. 362-363.
CRIMINAL LAW
KHAMITOV Ainur Rasimovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ANALYSIS OF THE AUTHORS’ SCIENTIFIC OPINION ON THE PROBLEMS OF QUALIFYING CRIMES AGAINST SEXUAL FREEDOM OF THE PERSON
Part 1 of Article 22 of the Constitution of the Russian Federation enshrines the right to liberty and security of person. It follows that the right to liberty and security of person is a fundamental right that arises from the moment a person is born. Therefore, the sexual freedom of the individual, expressed in the right to choose sexual relations, type, method, partner in their implementation on a voluntary basis, refers to the right to freedom of man and citizen.
Keywords: sexual freedom of the individual, puberty, sexual freedom, acts of a sexual nature, rape, puberty, sexual intercourse, helpless state.
Work bibliographic list
1. Guzeeva O.S. Problems of qualification of crimes against sexual inviolability and sexual freedom of the individual // Society and Law. – 2014. – No. 3. – P. 95-97
2. Pantyukhina I.V. The concept of crimes against sexual integrity and sexual freedom of the individual // Legal Science. – 2011. – No. 1. – P.26-28
3. Zhidkova E.S., Radionova E.V. Criminal and legal characteristics of contract killings // Bulletin of the Luhansk Academy of Internal Affairs named after E.A. Didorenko. – 2018. – No. 2 (5). – pp. 147-159
4. Nurkaeva T.N. Problems of criminal law protection of sexual freedom and gender New inviolability of the person in the light of changes in the law and judicial practice // Bulletin of VEGU. – 2013. – No. 4 (66). – pp. 55-59
5. Prelovsky P.O. Evolution of criminal procedure legislation regulating the right to freedom and personal integrity // Siberian Criminal Procedure and Forensic Readings. – 2016. – No. 4 (12). – pp. 91-101
CRIMINAL LAW
KIBUKEVICH Maria Alexandrovna
postgraduate student of the Astrakhan State University
OPERATIONAL-SEARCH ACTIVITY IN RELATION TO FOREIGN CITIZENS
The study provides a brief assessment of the organization of operational-search activities organized in relation to foreign persons on the territory of such institutions of the penitentiary service as pre-trial detention centers. The author draws more attention to the essence of these actions and their peculiarity, taking into account the choice of the object of operational impact. Among the problems in this matter, the author highlights the weakness of the social relationship between the subject and the object of operational attention, as well as the failure to take into account the first most important ethnopsychological factor that determines the individuality of foreign persons when organizing operational attention to them as sources of information.
Keywords: operational interest, foreigner, legislation, interaction, survey, psychology, penitentiary system.
Work bibliographic list
1. Khazov E. N., Bogdanov A. V., Venidiktov M. I. Operative-investigative measures to counteract crimes related to illegal migration of foreign citizens // Journal of Criminology. – 2021. – No. 2. – S. 68-73.
2. Gvozdarev R. A. Features of the interaction of investigative and operational units in order to disclose, investigate evasion of obligations to repatriate funds in foreign currency or the currency of the Russian Federation // Education and Law. – 2021. – No. 7. – P. 347-351.
3. Federal Law No. 144-FZ of August 12, 1995 (as amended on April 1, 2022) “On Investigative Activities” // Collection of Legislation of the Russian Federation. – 14.08.1995. – No. 33. – Art. 3349.
4. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on June 28, 2022) // Collected Legislation of the Russian Federation. – 24.12.2001. – No. 52 (part I). – Art. 4921.
5. Khromov I. L. Operational-search bases for combating crime of foreign citizens: specialty 12.00.09 “Criminal process”: dissertation for the degree of Doctor of Law. – Vladimir, 2007. – 442 p.
6. Federal Law of July 15, 1995 No. 103-FZ “On the Detention of Suspected and Accused of Committing Crimes” // Collected Legislation of the Russian Federation. – 17.07. 1995. – No. 29. – Art. 2759.
7. Baikova E. E. Operational-search activity: history and modernity. Comparative analysis of techniques and methods for investigating crimes on the example of the professional achievements of the legend of the Russian detective I. D. Putilina // Security of the individual, society and the state: theoretical and legal aspects: Collection of abstracts of presentations by participants in the international scientific and theoretical conference, St. Petersburg, 16-17 May 2019 / Comp.: A. V. Afanasiev, A. V. Efimovsky, O. S. Kravchenko. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 44-48.
8. Khromov I. L. Crime of foreign citizens: operational-search activity and criminological analysis. Monograph. – M.: Jurisprudence, 2010. – S. 103.
9. Stefanenko T. G. Ethnopsychology. – M .: Institute of Psychology of the Russian Academy of Sciences, “Academic Project”, 2000. – P. 76.
CRIMINAL LAW
STRAKHOV Igor Andreevich
postgraduate student of the Moscow City Pedagogical University
FORMATION AND TRANSFORMATION OF THE INSTITUTION OF CRIMINAL RESPONSIBILITY FOR VIOLATION OF CITIZENS’ ELECTORAL RIGHTS IN RUSSIA
The article presents a comparative legal analysis of the norms of criminal legislation establishing criminal liability for violation of citizens’ electoral rights at different stages of the historical development of the Russian state. The main political and legal factors that contributed to the transformation of criminal law norms in the conditions of a changing political regime, including during the transition period of the first quarter of the twentieth century, are considered. The analysis of the legislation of Russia establishing the basic rights and freedoms of citizens in different periods of history is carried out.
Keywords: criminal law, electoral law, elections, transformation of law.
Work bibliographic list
1. Nomokonov V. A. Criminal behavior: determinism and responsibility. – Vladivostok: Publishing House of the Far Eastern University, 1989. – P. 115.
2. Kutafin O. E. The subject of constitutional law. – M., 2001. – S. 385.
3. Belyaev I. D. The fate of the zemshchina and the elective beginning in Russia. – St. Petersburg, 2004. – S. 30-35.
4. Bakhrushin S. V. Class struggle in Russian cities of the 16th – early 17th centuries: Nauch. works. – M., 1952. – T. I. – S. 213.
5. Lyublinsky P. I. Crimes against the electoral rights. – St. Petersburg, 1906. – S. 159.
6. Code of penalties for criminal and correctional. – St. Petersburg, 1845. – S. 480-481.
7. Vorobieva V. Yu. Institute of Elections of Representative Bodies of Power in Russia in the 20th — Early 21st Centuries: Historical and Legal Aspect: Dis. … cand. legal Sciences. – St. Petersburg, 2004.
8. Lineitseva K. S. Development of electoral legislation as a basis for changing the level of legal culture of the electorate of Russia // Theory and practice of social development. – 2013. – No. 2. – P. 304.
9. Solodovnikova S. V. Genesis of criminal liability for violation of the norms of electoral and referendum law in Russia // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2011. – No. 2. – P. 91.
10. Naumov A. V. Russian criminal law: Lectures: In 2 volumes. Special part. – M., 2004. – T. 2.
CRIMINAL LAW
TRAN Thanh Thao
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Peoples Friendship University of Russia, senior lecturer of the Ho Chi Minh City University of Law
IMPROVING THE LEGAL FRAMEWORK FOR CORRUPTION CRIMES IN THE PRIVATE SECTOR IN VIETNAM
The article analyzes the legal regulations on corruption crimes in the private sector in Vietnam, identifies the current state of corruption crimes in the private sector in Vietnam and the world. On the basis of identifying the remaining limitations, the article proposes some solutions to improve the legal framework for corruption crimes in the private sector in Vietnam in accordance with the United Nations Convention against Corruption.
Keywords: corruption, corruption crimes in the private sector, Criminal Code of Vietnam, United Nations Convention against Corruption.
Work bibliographic list
1. UN Convention against Corruption of October 30, 2003
2. Law “On the fight against corruption” of November 20, 2018
3. Criminal Code of the Socialist Republic of Vietnam 2015 (as amended in 2017).
4. Summary report 2020 Supreme People’s Court of Vietnam, Hanoi, 2020
5. Report “On Anti-Corruption”, State Inspectorate, 2020, p. 183.
6. State Inspectorate (2019), Main Responsibilities and Challenges of Viet Nam after Ratification of the United Nations Convention against Corruption, Ministerial Science Project, Hanoi, p. 375.
7. Supreme People’s Procuratorate, Journal of Prosecution (2007), Criminalization of corruption offenses in the Vietnamese Criminal Code.
8. Department of Legal Propagation and Education, Ministry of Justice (2010), Some Crimes Related to Corruption, Forensic Publishing House, Hanoi, p. 23.
9. [Electronic resource]. – Mode of access: https://www.justice.gov/opa/pr/panasonic-avionics-corporation-agrees-pay-137-million-resolve-foreign-corrupt-practices-act (Accessed 26/7/2022)
CRIMINAL PROCESS
KORYAKINA Zinaida Ivanovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Law Faculty of the M. K. Ammosov North-Eastern Federal University
ON SOME ISSUES OF LEGAL REGULATION OF THE STATUS OF PUBLIC ASSISTANT IN LAW ENFORCEMENT AGENCIES
The article is devoted to the legal framework for the interaction of law enforcement agencies with educational institutions (training legal personnel) in the context of applying the institution of public assistants. In the context of changing standards for the training of legal personnel, the issue of ensuring continuous communication with employers is becoming increasingly important. At the same time, the interests of students who have joined the ranks of public assistants are often ignored. In this regard, the article focuses on some problematic issues, and offers additions.
Keywords: public assistant, law enforcement agency, higher institution, training of legal personnel, student, practice, personnel reserve, interaction.
Work bibliographic list
1. Gumerova R. R. Investigator’s assistant – a new criminal procedural figure in criminal procedural relations. – 2019. – No. 1. – S. 18-22.
2. Khayali R. I. The Institute of Public Assistants in the Soviet Prosecutor’s Office: Legal Status, Social Composition, Powers // Bulletin of the Faculty of Law of the Southern Federal University. – 2021. – No. 2. – P. 45-51.
3. Zubenko E. V. Legal and forensic aspects of the interaction of the investigator of the internal affairs bodies with a public assistant // Criminalistics: yesterday, today, tomorrow. – 2018. – No. 1 (5). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-i-kriminalisticheskie-aspekty-vzaimodeystviya-sledovatelya-organov-vnutrennih-del-s-obschestvennym-pomoschnikom (date of access: 11/29/2021).
4. Chechetin A.E. Is it legal to involve a public assistant investigator as a witness? // Russian investigator. – 2013. – No. 11. – P. 15-17.
CRIMINAL PROCESS
PROKHOROVA Tatyana Leonidovna
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
THE HISTORY OF THE DEVELOPMENT OF LEGAL REGULATION OF STATE PROTECTION OF PERSONS ASSISTING JUSTICE IN CRIMINAL PROCEEDINGS
The article discusses the development trends of the legal regulation of state protection of persons assisting justice in criminal proceedings. Persons involved in the sphere of criminal procedure inevitably become opponents of certain participants in the criminal process, primarily suspects and defendants. It is shown that the study of the problem of legal regulation of the state protection of persons assisting justice in the criminal process is impossible without studying the historical aspects of this issue.
Keywords: counteraction, system of norms, events, guarantees, security, participants.
Work bibliographic list
1. Kamalova G. T. History of the domestic state and law. – Chelyabinsk, 2016. – P. 12.
2. Russian legislation of the X-XX centuries. Legislation of Ancient Russia / Ed. O. I. Chistyakova. – M., 1984. In 9 vols. – T. 1. – P. 318.
3. Shvedinskaya G. I., Kravets M. V. Criminal legal protection of witnesses and victims: history and modernity // Legal problems of the present: materials of the scientific and practical conference. – M., 2018. – P. 48.
4. Syrykh V. M. The Pskov judicial charter as a creative development of Russian Pravda in the conditions of a feudal republic // Russian justice. – 2016. – No. 7 (123). – P. 10.
5. Gorsheneva I. A., Lukinsky A. V., Mikhailova N. V. Formation and development of the institution of state protection (historical and legal research). – M., 2014. – S. 12.
6. Titov Yu. P. Reader on the history of the state and law of Russia. – M., 2017. – S. 260.
7. Lukinsky A. V. Formation and development of state protection (historical and legal heritage): author. … dis. … cand. legal Sciences. – M., 2017. – S. 14.
8. Epihin A. Yu., Mishin A. V. Ensuring the safety of persons assisting in criminal proceedings. – Kazan, 2018. – P. 11.
CRIMINAL PROCESS
SHIROKOV Ivan Vladimirovich
prosecutor of the Department of the General Prosecutor’s Office of the Russian Federation, junior adviser to justice
REALIZATION OF PRINCIPLES OF THE CRIMINAL PROCEDURE IN SPECIAL ORDER OF THE JUDICIAL PROCEEDINGS (on the example of crime victims participating in consideration of criminal cases by courts in accordance with chapter 40 of the Criminal Procedure Code of the Russian Federation)
The article is devoted to the peculiarities of the realization of the principles of the criminal procedure on the example of crime victims, participating in consideration of criminal cases according to the chapter 40 of the Criminal Procedure Code. It’s revealed the relationship of truncation of the procedural status and function of the victim with restrictions on the operation of criminal procedural principles. The validity of their restriction is noted due to the admissibility of using the simplified procedure of criminal proceedings with the consent of the crime victim. Restrictions don’t lead to a violation of the rule of law in criminal proceedings.
Keywords: principles of the criminal procedure, crime victim, special order of the judicial proceedings.
Work bibliographic list
1. Decree of the Plenum of the Supreme Court of the Russian Federation dated 05.12.2006 No. 60 “On the application by the courts of a special procedure for judicial proceedings” // “Rossiyskaya Gazeta”. – 20.12.2006. – No. 286.
2. Schulz F. Principles of Roman law. – Oxford: at the Clarendon press. – 1936. – 268 p.
3. Smirnov A. V., Kalinovsky K. B. Criminal process: textbook / Ed. ed. A. V. Smirnova. – 6th ed., revised. – M.: Norma, INFRA-M, 2015. – P. 82.
4. Redkin N. V. Special order of trial in the system of criminal procedure of the Russian Federation: dis. … cand. legal Sciences: 12.00.09. – Krasnodar, 2007. – 195 p.
5. Altynnikova L. I. Features of the implementation of competitiveness in appeal proceedings in criminal cases considered in a special trial procedure // Magistrate. – 2016. – No. 8. – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 03/01/2022).
6. Antonova E. Yu. Peculiarities of evaluation of evidence by inner conviction when considering criminal cases by courts in a special procedure for making a court decision // Russian judge. – 2015. – No. 6. – P. 31-33.
7. Brester A. A. On the erroneous attribution of a special procedure for making a judicial decision to criminal procedural activity // Actual problems of Russian law. – 2015. – No. 12. – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 07/09/2022).
8. Kachalova O. V. Review of sentences issued in a special order of trial in the court of appeal // Russian judge. – 2015. – No. 12. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”, date of access 03/01/2022.
9. Lazareva V. A. Modern trends in the evaluation of evidence // Magistrate. – 2017. – No. 9. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”, date of access 03/01/2022.
10. Reports on the work of courts of general jurisdiction on the consideration of criminal cases at first instance for 12 months 2014-2021. Form No. 1 // A set of indicators of all courts of general jurisdiction, including the Supreme Court of the Russian Federation, taking into account military courts. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79.
11. Reports of the General Prosecutor’s Office of the Russian Federation in the form No. 515 “Participation of the prosecutor in the judicial stages of the criminal process” for 2015-2021.
CRIMINAL PROCESS
TANECHNIK Yuliya Sergeevna
adjunct of Criminal process sub-faculty of the Krasnodar University of the MIA of Russia, senior lieutenant of justice
HISTORICAL ASPECTS OF SEARCH ACTIVITIES
In the article, based on a historical analysis of the development of Russian statehood, the issues of the formation and development of the system of searching for persons, as a specialized type of law enforcement activity, are considered in detail. The problems of security and the fight against crime, including the search for missing persons (since the missing person could become a victim of a crime), worried the ancient states, of course, were not alien to Ancient Russia, and then the Russian Empire .
Keywords: law enforcement, search for persons, crime, missing person, history, law.
Work bibliographic list
1. Problems of the theory and practice of the criminal process: history and modernity / Ed. V.A. Panyushkin. – Voronezh, 2019. – 744 p.
2. Kutsova E.F. Truth and consistency in the criminal process of the Russian Federation // Judicial power and criminal process. – 2018. – No. 1. – P. 97-109.
3. Melnik E.P. Historical development of procedural forms of legal proceedings under the legislation of tsarist Russia and Russia of the Soviet period // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1. – P. 110-115.
4. Titov Yu.P. Reader on the history of state and law in Russia: Textbook. 3rd ed. revised and additional – M.: Prospekt (TC Velby), 2017. – 520 p.
5. Dudorov T.D. The emergence and development of the institution of persecution in Russian legislation before the reform of 1864 // Legal Science. – 2019. – No. 3. – P. 54-60.
6. Charter of criminal proceedings of 1864. [Electronic resource]. – Access mode: https://constitution.garant.ru/history/act1600-1918/3137/ (date of access: 02/03/2022)
7. Fedulov A.V. The Beginning of Public Criminal Prosecution in the Modern Criminal Process in Russia // Problems of Law Enforcement Activity. – 2019. – No. 2. – P. 63-69.
CRIMINAL PROCESS
ZHUK Mikhail Yakovlevich
postgraduate student of the 1st course of Criminal process and criminalistics sub-faculty of the Faculty of Law of Kazan (Privolzhie) Federal University
THE NOTION AND THE SPECIFICS OF PROOF OF CRIMINAL CASES COMMITTED VIA DIGITAL TECHNOLOGIES
The article focuses on the notion and the specifics of proof of the crime committed via digital technologies. The author studies the classification of the crime in broad and narrow sense and introduces his own classification of the crime committed via digital technologies. The issue of introduction and application of the digital proof to the criminal procedure is highlighted.
Keywords: digital technologies, proof, electronic evidence, digital crime.
Work bibliographic list
1. Antonov I.O., Klyukova M.E., Rakhmatullin R.R., Verin A.Yu. Some problems of application of the norms of the criminal procedure code of the Russian Federation regulating the institution of a pre-trial agreement on cooperation // Scientific works of the Russian Academy of Advocacy and Notariat. – 2017. – No. 2 (45). – S. 49-53.
2. Nomokonov V.A., Tropina T.L. Cybercrime as a new criminal threat // Criminology: yesterday, today, tomorrow. – 2012. – No. 24. – P. 45-55.
3. Fetkullin R.R., Aryukov A.K. Crimes in the field of digital information: concept and types // Electronic scientific journal of Baikal State University. – 2019. – No. 3. – P. 3; Bokovnya A.Yu., Khisamova Z.I., Begishev I.R., Latypova E.Yu., Nechaeva E.V. Computer crimes on the covid-19 scene: analysis of social, legal, and criminal threats // Cuestiones Políticas. – 2020. – T. 38. – No. 66. – S. 463-472.
4. Gerasimova O.S. Peculiarities of crimes in the field of computer information / O.S. Gerasimova // Bulletin of the Tambov University. Series: Humanities. – 2007. – No. 12-2. – pp. 327-330
5. Begishev I.R. The concept and types of crimes in the sphere of circulation of digital information: author. dis. cand. legal Sciences. – Kazan, 2017. – 31 p.
6. Nechaeva E.V., Latypova E.Yu., Gilmanov E.M. Encroachments on digital information: the current state of the problem // Man: crime and punishment. – 2019. – T. 27. – No. 1. – S. 80-86.
7. Umarov M.R., Nechaeva E.V. Illicit drug trafficking on the Internet // In: Criminal-legal prevention in the sphere of trafficking in narcotic drugs or psychotropic substances, alcoholic and alcohol-containing products (regional aspect). Collection of materials of the All-Russian scientific-practical conference. – 2015. – S. 349-353.
8. Laptev V.A., Solovyanenko N.I. Digital Justice. Digital document: monograph. M.: Prospekt, 2022. S. 133-170; E.V. Burdina and others. Electronic justice: monograph / Ed. E.V. Burdina; S.V. Zuev. – M.: RGUP, 2021.
CRIMINAL PROCESS
VORONINA Nina Anatoljevna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
“ACCESS TO JUSTICE” AND “JUDICIAL PROTECTION”: RELATION OF CONCEPTS
This article is devoted to the analysis of the concepts of “access to justice” and “judicial protection” used in the Constitution of the Russian Federation and a number of normative legal acts, however, have not received a normative definition. Based on various doctrinal and law enforcement approaches the author formulates his own position on the correlation of the concepts of “access to justice” and “judicial protection” in relation to criminal proceedings.
Keywords: access to justice, judicial protection, justice, criminal proceedings, the Constitution of the Russian Federation.
Work bibliographic list
1. Vedernikov A. N. On the concept and essence of the constitutional right of the individual to judicial protection // Bulletin of the Tomsk State University. – 2011. – No. 348. – P. 80-81.
2. Voskobitova L. A. The mechanism for the implementation of the judiciary through criminal proceedings: dis. … doc. legal Sciences. – M., 2004. – 460 p.
3. Voskobitova L. A. Procedural regulation of citizens’ access to justice in criminal proceedings // Criminal Procedure Code of the Russian Federation: a year of law enforcement: materials of the Intern. scientific-practical. conf. – M., 2004. – S. 42.
4. Golovko L. V. The domestic concept of “the right to judicial protection” and the European concept of “the right to access to justice”: an attempt at a functional comparison // The right to judicial protection in criminal proceedings: European standards and Russian practice: coll. Art. according to the materials of the International scientific-practical. conf. / Ed. M. K. Sviridova. – Tomsk, 2007. – S. 3-13.
5. Kotov O. Yu. Influence of decisions of the constitutional court of the Russian Federation on civil proceedings: dis. … cand. legal Sciences. – M., 2001. – S. 12.
6. Lutsenko E. S. The constitutional right to judicial protection // The Constitution of the Russian Federation as a guarantor of the rights and freedoms of man and citizen. – 2019. – S. 74.
7. Petrushin AI Providing victims with access to justice in the mechanism of judicial protection of the rights and freedoms of the individual // Bulletin of the Tomsk State University. -2013. – No. 366. – P. 103.
8. Prikhodko I. A. Access to justice in arbitration and civil proceedings. Main problems: dis. … doc. legal Sciences. – M., 2005. – 408 p.
CRIMINAL AND EXECUTIVE LAW
Gorkina Svetlana Aleksandrovna
Ph.D. in Law, associate professor, Deputy Head of Management and organization of activities of the UIS sub-faculty of the Academy of the FPS of Russia
EDUCATIONAL IMPACT ON CONVICTS: PROBLEMS AND PROSPECTS
The author in the article considered the features of educational work as the main means of correction of convicts, identified the goals, objectives, forms and methods of its implementation. In addition, the problem of the activities of institutions and bodies of the penitentiary system for the organization of educational influence on convicts has been studied in the context of the implementation of the provisions of the Concept of the development of the penal system of the Russian Federation for the period up to 2030.
He analyzed the educational impact on convicts on the example of the Perm educational colony of the GUFSIN of Russia in the Perm Region. As part of the consideration of this problem, the author identified measures of encouragement and punishment, as well as parole as the main incentive for law-abiding behavior of convicts, made a comparison within the framework of the penal enforcement legislation of the Republic of Belarus , where, to increase the responsibility of parolees released from punishment, it is possible to establish a guarantee for them with bail.
Keywords: educational work, means of correction of convicts, educational impact, psychological and pedagogical impact, correction criteria, the principle of penal enforcement legislation.
Work bibliographic list
1. Yuzhanin V.E. Implementation of punishment in the form of deprivation of liberty / Monograph. – Ryazan: Institute of Law and Economics of the Ministry of Internal Affairs of Russia, 1995.
2. Kolchenogova O.P., Kazak S.V., Sharkov A.V. Scientific and methodological foundations of criminology and penal law: textbook. allowance. – Minsk: Acad. MIA Rep. Belarus, 2014.
3. Akhmadeev A.A., Vasiliev A.I. Legal regulation of the organization of political and educational work with those sentenced to deprivation of liberty: textbook. allowance. – Tashkent: TVSH of the Ministry of Internal Affairs of the USSR, 1978.
4. Pastushenya A.N. Improving the quality of the correctional process requires organizational changes // II International Penitentiary Forum “Crime, Punishment, Correction”: Sat. abstract ledge. and report. participants, Ryazan, November 25-27. 2015: in 8 volumes / Acad. FPS of Russia. – Ryazan, 2015. – T. 1.
5. Sturova M.P., Pervozvansky V.B. Socio-pedagogical foundations of corrective labor institutions: textbook. allowance. – M.: Acad. MIA Ros. Federation, 1993.
6. Stukanov V.G. Correctional pedagogy: textbook. allowance; M-in. affairs Rep. Belarus, educational institution “Acad. M-va vnutr. affairs Rep. Belarus”. – Minsk: Acad. MIA Rep. Belarus, 2013.
7. Bibik O.N. Cultural dimension of criminal law and criminological research: theoretical and practical aspects: monographs. – M.: Yurlitinform, 2017.
8. Dzhumashev G.S. The mechanism for the application of parole in the Republic of Kazakhstan: the state and problems of improvement // Vestn. Grodno. state un-ta im. I. Kupala. Series 4. – 2018. – V. 8. No. 1.
CRIMINAL AND EXECUTIVE LAW
ZORINA Natalya Sergeevna
senior Researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
EDUCATIONAL WORK AS A BASIS FOR THE FORMATION OF MORAL STABILITY OF JUVENILE CONVICTS IN THE PROCESS OF EDUCATIONAL ACTIVITY
The process of moral education of juvenile convicts is aimed at eradicating antisocial attitudes, negative personality traits, bad habits and the development of moral consciousness and feelings, instilling skills of law-abiding behavior. The article analyzes the main forms and directions of educational work with juvenile convicts, including the features of moral and labor education. The basis of the moral education of juvenile convicts is the moral stability formed in the integral pedagogical process of convicts in education and upbringing. And teachers who are in educational colonies, together with correctional officers, are actively working to eliminate the socio-pedagogical neglect of adolescents, gaps in the learning process; they form the moral qualities of the personality of difficult adolescents, develop the habit of moral behavior among convicts.
Keywords: formation of moral stability, juvenile convict, educational work, educational colony, educational activity, teenager, teacher.
Work bibliographic list
1. Penal Code of the Russian Federation: Feder. law: [dated January 8, 1997 No. 1-FZ (as amended on June 11, 2022).
2. Sturova M. P., Tyugaeva N. A. Penitentiary pedagogy: a course of lectures. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2010. – 423 p.
3. Kuznetsova I. A. Formation of the moral stability of juvenile convicts in the process of educational activities: dissertation … candidate of pedagogical sciences: 13.00.01. – Moscow, 2021. [Electronic resource]. – Access mode: http://dlib.rsl.ru.
4. Mitkina A. V. The main trends in the development of the theory and practice of correction of juvenile convicts (the middle of the 20th century to the present) // Penitentiary system: law, economics, management. – 2010. – No. 4. – P. 20-24.
5. Zorina N. S. Peculiarities of educational work with convicted juveniles in penitentiary institutions // Eurasian Law Journal. – 2022. – No. 5 (168). – S. 302-303.
CRIMINAL AND EXECUTIVE LAW
MAMONTOVA Alyona Andreevna
lecturer of Organization of execution of punishments sub-faculty of the Tomsk Institute of Advanced Training of Employees of the FPS of Russia
CRIMINOLOGICAL FORECASTING OF INDIVIDUAL CRIMINAL BEHAVIOR OF PERSONS SERVING SENTENCES IN INSTITUTIONS OF THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION: CONCEPT, GOALS AND OBJECTIVES
According to official statistics over the past 5 years, there has been a consistent increase (from 54.9 % to 59.8 %) in the proportion of acts committed by persons who have already violated the criminal law (from the number of previously crime investigations).
About 30% of those who have violated the criminal law have previously been convicted, the actions of one in five are recognized as recidivism, including dangerous or especially dangerous.
The article discusses the main provisions of individual criminological forecasting of criminal behavior of persons serving sentences in institutions of the penal system of the Russian Federation. This type of forecasting allows you to determine the most vulnerable places in the personality of the criminal, which you need to pay attention to when planning educational work with convicts.
Keywords: correctional institutions; penal inspection; correctional colony; criminology; correction of convicts; recidivism.
Work bibliographic list
1. Avanesov G.A. Criminology. Prognostics. Control. Tutorial. – Gorky: Publishing House of the Main Higher School of the Ministry of Internal Affairs of the USSR, 1975. – 423 p.
2. Avanesov G.A. Theory and methodology of criminological forecasting. – M.: Legal literature, 1972. – 336 p.
3. Avanesov G.A. Criminological forecasting and planning to combat crime: a textbook. – M., 1972. – 60 p.
4. Artemiev N.S. Organization of the fight against recidivism: Textbook. – M.: MTs priGUK MIA of Russia, 1997. – 101 p.
5. Kleymenov M.P. Criminal law and criminological forecasting: Aftoref. dis. … doc. legal Sciences. – Tomsk, 1992. – 33 p.
6. Criminology and crime prevention: Textbook / Ed. A.I. Alekseev. – M.: MVShM MVD USSR, 1989. – 431 p.
7. Criminology: Textbook / Ed. M.P. Kleymenov. – M.: Infra-M, 2013. – 448 p.
8. Criminology: Textbook for students majoring in jurisprudence / Nauch. ed. N.F. Kuznetsova, V.V. Luneev. – M.: Volters-Kluver, 2005. – 640 p.
9. Kudryavtsev V.N. Causality in criminology. – M.: Legal literature, 1968. – 190 p.
10. Prozumentov L.M., Shesler A.V. Criminology. General part: Textbook. – Tomsk: DiVo LLC, 2007. – 230 p.
11. Solopanov Yu.V. Criminological forecasting and planning to combat crime. – M.: Publishing House of the MVShM of the Ministry of Internal Affairs of the USSR, 1983. – 54 p.
12. Chetverikov V.S. Criminology and crime prevention: a textbook. – M.: Forum: Infra-M. 2009. – 128 p.
CRIMINAL AND EXECUTIVE LAW
PEYZAK Anastasia Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
EXPERIENCE IN THE INTRODUCTION OF THE PROBATION BY THE STATES OF CENTRAL ASIA
The article discusses foreign experience of introduction of the probation institute on the example of the countries of Central Asia; it analyzes the peculiarities of the processes of reformation of penitentiary systems, discussion, adoption, introduction and functioning of probation services of the Republic of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and the Republic of Uzbekistan.
Keywords: Central Asian countries, probation, correction of convicts, resocialization of convicts, social adaptation.
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 SPECIFICS OF THE OPERATIONAL SUPPORT OF EXTREMISTS – ADHERENTS OF RADICAL RELIGIOUS IDEOLOGY IN A PRE-TRIAL DETENTION CENTER
The article discusses some aspects of religious extremism in places of detention, its types and manifestations, and also suggests ways to combat religious extremism. In the article, extremist religious associations are divided into two types: isolated religious groups and extremist movements within a particular denomination. The second type (extremist currents) is represented by Wahhabism, its ideas are studied. The main ideas of these groups are intolerance towards representatives of other religions, violence against “infidels” is encouraged in such organizations. The issues of the reasons for the inclusion of convicted persons to imprisonment in extremist religious associations, the procedure for serving sentences by religious extremists, as well as the problems faced by employees of institutions and bodies of the penal system in the process of working with such persons serving sentences are investigated. Solutions to the problems of serving the sentences of religious extremists are proposed, which, in our opinion, should be based on strengthening control over such convicts, preventive work with them.
Keywords: religious extremism, radicalism, religious fanaticism, prevention of extremism, places of imprisonment.
Work bibliographic list
1. Bushuev I. S., Selyakov Yu. L. Religious extremism in correctional institutions // Actual problems of the penitentiary system of Russia in the context of reform: collection of materials of the interuniversity scientific and practical conference of adjuncts, cadets, students and listeners, Vologda, April 20 2018. – Vologda: Vologda Institute of Law and Economics of the Federal Penitentiary Service, 2019. – P. 32-35.
2. Kantitsky O. V. Religion and the problems of ensuring the psychological security of the personality of convicts from the influence of radical and extremist ideas in correctional institutions as a condition for their resocialization // Criminal Executive Law. – 2016. – No. 1. – P. 49.
3. Mikhailov V. S. Counteraction to the manifestations of religious extremism in places of deprivation of liberty // Bulletin of the Samara Law Institute. – 2019. – No. 5 (36). – S. 68.
4. Official statistics of the Ministry of Internal Affairs of Russia for 2020. [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports (date of access: 05/13/2021).
5. Fomin S.I. Some features of the identification of Wahhabism in various ethnic organized groups // Topical issues of protection, escort, regime, supervision and operational-search activity in the criminal-executive system of the Russian Federation. – 2019. – No. 1. – P. 37-38.
6. Order of the Federal Penitentiary Service of Russia dated October 29, 2009 No. 0031 “On approval of the Instructions for the organization and tactics of operational-search activities in pre-trial detention centers and prisons of the penitentiary system”.
CRIMINAL AND EXECUTIVE LAW
MUSALEVA Anna Vladimirovna
Ph.D. in Law, associate professor, senior researcher of the Research Institute of the FPS of Russia
THE ROLE OF EDUCATIONAL WORK WITH CONVICTS, TUBERCULOSIS PATIENTS SERVING SENTENCES IN MEDICAL AND CORRECTIONAL INSTITUTIONS
The article is dedicated to the study of the role of educational work in relation to convicts, tuberculosis patients held in correctional institutions. Despite the fact that the main subject of the implementation of educational measures in correctional institutions is the head of the detachment, it is impossible to belittle the role of employees of other departments of correctional institutions in terms of the implementation of educational impact on convicts. In the article, the author has studied the peculiarities of the influence of medical personnel in terms of educational impact on convicts, tuberculosis patients and those serving criminal sentences in outpatient treatment. In particular, the author notes some problems of the implementation of educational impact in the conditions of medical institutions, as well as the high role of individual educational work with each sick convict, taking into account the level of his illness.
Keywords: educational work; resigned; tuberculosis; medical staff; medical correctional institution; treatment.
Work bibliographic list
1. Ivashko N. N. Features of educational work with convicts in correctional institutions // Bulletin of the Kuzbass Institute. – 2017. – No. 2. – S. 21-27.
CRIMINAL AND EXECUTIVE LAW
NIKOLAENKO Natalya Sergeevna
student of the 2nd year of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofia Dmitrievna
student of the 2nd year of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
SUBCULTURE OF CONVICTS: CONCEPT, CONTENT AND MEANING IN SOCIETY
In the modern world, many scientists operate with the conceptual apparatus of the “convict sub-culture”, where the presence of a negative factor cannot be taken away. In the ordinary view of people who do not have proper knowledge in this area, they represent a subculture as a kind of separate world that is separated from the main mass of society. In his work, N. V. Tishchenko says: “A paradoxical situation arises: places of deprivation of liberty are perceived as a clearly negative, discriminatory phenomenon, but the norms and rules of the prison subculture are present today in most areas of human activity, for example , in art, the language of everyday communication , ways of interaction between people, life values. ” I completely agree because the concept of a criminal, a prison already causes a negative attitude in everyone’s head and this category of people is most often not accepted in society, but if a person has nothing to do with this subculture , but at the same time, the model of behavior characteristic of the model of the convict, although he is condemned, but in society this type of behavior is accepted. On the one hand, we see that the very boundaries that separate society and the prison subculture are blurring and practically disappearing, but this is not a positive thing. This does not lead to the fact that this category will be accepted in society, this does not lead to the fact that the conditions of detention of prisoners will be revised, this does not mean at all that programs for the rehabilitation and socialization of convicts will be created, unfortunately the blurring of boundaries means that in society only prison vocabulary, the culture that has devel-oped in places of deprivation of liberty, penetrates into everyday life in the vocabulary in the principles.
Keywords: subculture, imprisonment, convict, jargon, tattoo, thief in law, socialization.
Work bibliographic list
1. Pirozhkov VF Laws of the underworld of youth (criminal subculture) // ChPP “Priz”. – 1994 – 250 p.
2. Smirnov L. B., Protsenko E. D. Essence and features of the subculture of those sentenced to imprisonment // Legal Sciences. – 2019. – No. 33. – P. 61-67.
CRIMINAL AND EXECUTIVE LAW
YUNUSOV Abdulzhabar Agabalaevich
Ph.D. in Law, professor of Theory of state and law and international and European law sub-faculty of the Academy of Law and Management of the FPS of Russia
AKHVERDYAN Harutyun Gaykovich
Researcher of the Department for the development of methodologies for the execution of criminal penalties without deprivation of Liberty of the Center for the Study of the Problems of the Execution of Criminal Penalties and psychological support for the professional activities of employees of the penal enforcement system (FKU Research Institute of the Federal Penitentiary Service, Moscow), Lecturer at the Institute of the Academy of the Federal Penitentiary Service of Russia at the Department of Civil Law and Procedure, Ryazan, Russian Federation
BULUEV Ruslan Bagirovich
senior operational duty officer of the duty service department of the organization of the duty service and the armament service of the Academy of Law and Management of the FPS of Russia
PERFORMANCE OF DUTIES IS A KEY FACTOR IN THE CORRECTION OF CONVICTS
The rights and obligations of a person and a citizen have always been considered as the most important elements of his legal status. At the same time, speaking about the correction of convicts, the authors examine the institution of duties in the context of the factor that ensures this process. This article discusses the general issues of the execution of legal obligations by persons serving criminal sentences. The article analyzes the legal framework regulating the activities of institutions and bodies of the Federal Penitentiary Service, as well as the role of duties in the structure of the legal status of convicts, their significance in the process of serving a sentence and correction.
Keywords: The state, the convicted person, duties, legislation, correction, the regime of correctional institutions, alternative types of punishment, execution.
Work bibliographic list
1. Grunin A.G. Formation of the Institute of Compensation for Moral Damage // Eurasian Law Journal. – 2019. – No. 4. – P. 211-212.
2. Mutagirov D. Z. To the question of the relationship between the rights and obligations of a person and a citizen // Political expertise: Politex. – 2008. – No. 4. – P. 191-211.
3. Yunusov M. A., Yunusov E. A. Fulfillment of duties by a person and a citizen as a condition for the functioning of the state and regulation of public relations // Modern law. – 2008. – No. 5. – S. 34-37.
4. Zinoviev A. V. Rights, freedoms and duties of a person and a citizen // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2008. – No. 4. – S. 42-48.
5. Brief description of the penitentiary system // Official Internet portal of the Federal Penitentiary Service. – [Electronic resource]. – Access mode: http://xn--h1akkl.xn--p1ai/structure/inspector/iao/statistika/Kratkaya% 20har-ka%20UIS/ (accessed 30.03.2020).
6. Penal Code of the Russian Federation: Feder. Law of January 8, 1997 No. 1-FZ: adopted by the State. Duma 18 Dec. 1996: approved by the Federation Council on 25 Dec. 1996: [ed. from 27 Dec. 2019] // Collection of Legislation of the Russian Federation. – 1997. – No. 2 – Art. 198.
7. On the approval of the internal regulations of correctional institutions: order Order of the Ministry of Justice of Russia dated 16 December. 2016 No. 295: [ed. June 27, 2019]. – The document has not been published. – [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 03/30/2020). – Access mode: ConsultantPlus: [reference-legal system], free. from local. Internet networks.
8. Criminal Code of the Russian Federation: Feder. Law of June 13, 1996 No. 1-FZ: adopted by the State. Duma May 24, 1996: approved by the Federation Council June 5, 1996: [ed. from 01 Apr. 2020] // Collection of Legislation of the Russian Federation. – 1996. – No. 25 – Art. 2954.
LEGAL PROCEEDINGS
ARTEMJEVA Ekaterina Vadimovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ELECTRONIC CORRESPONDENCE AS EVIDENCE IN CIVIL PROCEEDINGS
The article discusses the features of registration and evaluation of such type of evidence in civil proceedings as electronic correspondence. The provisions of the law defining the procedure for the use of electronic documents in civil proceedings are given. The methods of determining and confirming the authenticity of a document made in digital format are highlighted. The paper analyzes examples of judicial practice confirming the author’s arguments. The article summarizes the prospects for the development of the institute of evidence and the need to take measures for the wider use of electronic correspondence as evidence.
Keywords: civil proceedings, evidence, electronic correspondence, electronic document, notary.
Work bibliographic list
1. Zhuravleva M. D. Electronic correspondence as evidence in civil proceedings // Humanitarian and political and legal research. – 2020. – No. 4 (11). – S. 31-38.
2. Kochetova S. O. Electronic correspondence in social networks as evidence in civil proceedings // New word in science and education: Proceedings of the International (correspondence) scientific and practical conference, Neftekamsk, April 22, 2021 / Under the general editorship of A. I. Vostretsova. – Neftekamsk: Scientific and Publishing Center “World of Science”, 2021. – P. 217-220.
3. Ruling of the Sixth Cassation Court of General Jurisdiction dated May 14, 2020 in case No. 88-10258/2020. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=KSOJ006&n=13754#KCaaO9TQSjc2jP8p (date of access: 06/21/2022).
4. Resolution of the Eighth Arbitration Court of Appeal dated January 17, 2017 No. 08AP-13836/16. [Electronic resource]. – Access mode: https://base.garant.ru/61723027/ (date of access: 06/21/2022).
5. Resolution of the Second Arbitration Court of Appeal dated March 5, 2018 No. 02AP-606/18. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=RAPS002&n=84598#08855227826868053 (date of access: 06/21/2022).
CRIMINALISTICS
ARDASHEV Roman Georgievich
PhD in Law, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Siberian Law Institute of the MIA of Russia
ARKHIPOVA Anastasia Nikolaevna
Deputy Director for Academic Affairs of the Institute of Economics, Management and Law of the Irkutsk National Research Technical University
TURKOVA Valentina Nikolaevna
Deputy Director for Educational Work of the Institute of Economics, Management and Law of the Irkutsk National Research Technical University
FEATURES OF CHECKING VERSIONS RELATED TO THE USE OF ROAD TRANSPORT BY SERIAL MURDERERS
The article shows the complexity of solving serial murders. The problems of exposing serial killers using road transport to commit crimes are noted. Examples of operational and investigative work on 15 criminal cases of this category are given. The studied by the authors led to the conclusion that the dominant factors in solving crimes committed by serial killers using motor vehicles are the evidence of eyewitnesses (including victims who survived). As a rule, the exposure of serial killers using motor vehicles is much less common due to the professional qualities of investigators and operational workers.
Keywords: detection of crimes, serial murders, use of vehicles by criminals.
Work bibliographic list
1. Shamurzaev T. T., Ardashev R. G. Operative disclosure of serial murders as an indicator of professionalism // Eurasian legal journal. – 2021. – No. 6. – P. 374-376.
2. Obraztsov V. A. Serial murders as an object of psychology and criminalistics. – M., 2003. – S. 30.
3. Kitaev N. N., Ardashev R. G. Psychological and forensic portrait of a serial killer: problematic issues // Forensic readings on Baikal-2015: coll. materials of the international scientific-practical. conf. / East-Sib. Phil. FGBOUVO “RGUP” – Irkutsk, 2015. – P. 185-189.
4. Protopopov A. L., Turkova V. N. Investigative versions of murder cases. – Irkutsk, 2019. – S. 115-160.
5. Ardashev R. G. Search psychological and forensic portrait of the Angarsk serial killer: the history of creation // Criminalistics yesterday, today, tomorrow. – Irkutsk, 2017. – Issue. 1. – S. 8-11.
6. Modestov N. S. Serial killers. – M., 1999. – S. 44-51.
7. Kitaev N. N. Law enforcement agents – sexually motivated serial killers // Operative (detective). – 2008. – No. 1 (14). – S. 31-32.
8. Yarovenko V. V., Kitaev N. N., Ardashev R. G. Fingerprint and dermatoglyphic study of papillary patterns of serial killers. – Ulan-Ude, 2020. – S. 51-52.
9. The maniac did not repent // Tomsk week. – April 20, 2000 – No. 16.
10. Criminal case No. 2-70 // Archive of the Smolensk Regional Court, 1994.
11. Aderekhin A. He liked young blondes // Russian newspaper – 2002 – April 2.
12. Criminal case No. 2-95 // Archive of the Arkhangelsk Regional Court, 2000.
CRIMINALISTICS
GONCHARENKO Elena Vyacheslavovna
medical psychologist of the “Regional Children’s Clinical Hospital named after N. N. Silishcheva”
KALYUZHNY Ivan Pavlovich
medical psychologist of the “Regional Children’s Clinical Hospital named after N. N. Silishcheva”
TAYSAEVA Svetlana Borisovna
Ph.D. in science-psychology, associate professor of Psychology sub-faculty of the G. V. Plekhanov Russian University of Economics
FOKIN Alexey Vladimirovich
senior investigator of the Investigative Department of the Investigative Committee of the Russian Federation for the Astrakhan region, major of justice
POLYAKOVA Elena Viktorovna
assistant to the Rector for Organizational Issues of the Astrakhan State Medical University
BIOPSYCHOSOCIAL MODEL OF A SEX OFFENDER’S PERSONALITY
The article discusses the biopsychosocial model of the personality of a sex offender. The authors analyze organic brain disorders, the influence of society, education on the formation of criminal behavior. They cite as an example the classification of situational molesters and pedophiles, which is used in practice. The acquired knowledge will form the operational skills and abilities of law enforcement and supervisory officials, will help them in working with persons who have broken the law.
Keywords: profiling, pedophile, biopsychosocial model, sexual crime
Work bibliographic list
1. Antonyan Yu.M. A particularly dangerous criminal. – M.: Prospekt, 2014. – S. 222.
2. Goncharenko E.V., Taisaeva S.B., Eliseev F.I. Tibushkina M.A. Sexual abuse of minors in the criminological and clinical practice of doctors and psychologists // Eurasian Law Journal. – 2022. – No. 3. – P. 375-377.
3. Goncharenko E.V., Taisaeva S.B., Deev A.A. Psychological portrait (profile) of a situational molester in psychological and forensic practice // Eurasian legal journal. – 2022. – No. 2. – P. 405-407.
4. Douglas J. Psychological portrait of the killer. FBI methods. – M.: Rodina, 2019. – 432 p.
5. Douglas J. Sex maniacs. Psychological portraits and motives. – M.: Bombora, 2021. – 368 p.
6. Krivykh S.V., Kasimanova L.A. Study of the influence of the socio-cultural environment on the personality // World of science, culture, education. – 2013. – No. 6. – P.179-181.
7. Leontiev A.N. Activity, consciousness, personality. – M.: Politizdat, 1975. – 304 p.
8. Sapolsky R. Biology of Good and Evil. How science explains our actions. – M.: Alpina non-fiction; 2021. – 776 p.
9. Everit D. Schechter H. Encyclopedia of serial killers. – M.: Algorithm, 2020. – 304 p.
10. Ekman P. Psychology of emotions. – St. Petersburg: Peter; 2020. – 480 p.
CRIMINALISTICS
GAUZHAEVA Viktoriya Aleksandrovna
Ph.D. in Law, associate professor of Special and technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
GENERAL PROVISIONS FOR INSPECTION OF THE EXPLOSION SITE
The purpose of writing the article is to summarize the general provisions of the inspection of the explosion site based on the analysis of three basic investigative situations that can serve as the basis for starting an investigation of a crime related to the use of explosives and explosive devices . The paper provides a general analysis of the recommendations available in the scientific literature, their impact on the tactics of examining the explosion site, comparing two essentially different types of threats that entail inspection, and interacting with specialists in various fields, especially in the field of forensic explosives. In an effort to ensure the legality of decisions taken at the stage of initiating a criminal case, the legislator extended the possibility of inspecting the scene to verify the information received, detecting, fixing and seizing traces at the designated stage, taking into account the choice of methods of committing a crime that contributes to concealment. The results of such a generalization can be used in the practical activities of the preliminary investigation bodies, for further theoretical research, preparation of scientific papers and for solving practical problems in the field of preparing and conducting an inspection of the explosion site, both before initiating a criminal case and as part of a preliminary investigation.
Keywords: inspection of the scene, inspection of the scene of an explosion, detection, fixation, seizure, explosives, explosive devices
Work bibliographic list
1. Kardanov R.R. Features of technical and forensic support for inspection of the explosion site in a mountainous wooded area in the North Caucasian Federal District // Bulletin of the All-Russian Institute for Advanced Studies of Employees of the Ministry of Internal Affairs of the Russian Federation. 2019. No. 2 (50). pp. 48-52.
2. Akkaeva H.A. To the question of responsibility for the passage of training in order to carry out terrorist activities in the Russian Federation // Socio-political sciences. 2020. V. 10. No. 2. S. 84-87.
3. Urumov A.V. The concept of “special means” and the grounds for their use by police officers // Gaps in Russian legislation. 2021. V. 14. No. 5. S. 153-155.
4. Nagoeva M.A. On obtaining forensically significant information during the inspection of the scene // Eurasian legal journal. 2022. No. 2 (165). pp. 393-394.
5. Shigalugova M.Kh., Fedina L.M. Some legal aspects of organizing and holding public personal events in the Russian Federation // Eurasian legal journal. 2021. No. 9 (160). pp. 453-455.
6. Pomazanov V.V., Svetacheva E.E. Organization and tactics of conducting an inspection of the scene in the investigation of crimes related to the use of explosive devices // Bulletin of science and practice. 2019. V. 5. No. 4. S. 373-377.
7. Poroshin P.V., Vinogradov I.D., Dashko L.V. On the issue of improving the preparation, interaction and ensuring personal security measures for members of the investigative team when examining the explosion site // Bulletin of the All-Russian Institute for Advanced Studies of Employees of the Ministry of Internal Affairs of the Russian Federation. 2021. No. 3 (59). pp. 41-46.
8. Gauzhaeva V.A., Shamaev A.M. Features of fixing and packaging of objects found at the site of the explosion // Gaps in Russian legislation. 2018. No. 6. S. 280-282.
9. Kanokova L.Yu. Checking the reasons for initiating a criminal case as an obligatory stage in the commencement of proceedings on the case // Historical, philosophical, political and legal sciences, cultural studies and art history. Questions of theory and practice. 2014. No. 6-2 (44). pp. 89-91.
CRIMINALISTICS
KRAVETS Evgeniy Grigorjevich
associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
BEZVERKHOVA Svetlana Viktorovna
senior lecturer of the Novorossiysk branch of the Krasnodar University of the MIA of Russia
BASIC SOLUTIONS IN THE PROCEDURAL CHECK FOR MALWARE THEFT INVESTIGATION
The purpose of this study is to provide a forensic justification for a set of measures aimed at identifying the main features of high-tech crimes in this category. The content of the article includes issues related to the application of special knowledge when examining a computer device.
Keywords: special knowledge in criminal proceedings, malicious software, malware embezzlement.
Work bibliographic list
1. Khaskina V. Yu. The main directions of work with traces seized during the inspection of the scene // Forensic examination: scientific-practical. magazine. – Volgograd: VA of the Ministry of Internal Affairs of Russia, 2018. – No. 4 (56). – S. 26.
2. Aminev FG Problematic issues arising in the appointment of new genera and types of forensic examinations // Forensic examination. Issue 2 (54) 2018: scientific and practical journal. – Volgograd: VA Ministry of Internal Affairs of Russia, 2018. – P. 7.
3. Austrianskov A. V. Retrospective of the use of technical means of operational-investigative purposes in the disclosure and investigation of crimes in Russia // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. Issue 1 (48) 2019: scientific method. magazine. – Volgograd: VA of the Ministry of Internal Affairs of Russia, 2019. – P. 79.
4. Eremin S. G., Domovets S. S. Methods of committing crimes in the field of remote banking services and traces-signs of their formation // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. Issue 2 (45) 2018: scientific method. magazine. – Volgograd: VA Ministry of Internal Affairs of Russia, 2018. – P. 89.
CRIMINALISTICS
KUSHKHOV Ruslan Khabiljevich
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the North Caucasus Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, major of police
SURTSEV Aleksandr Vladimirovich
Ph.D. in pedagogical sciences, lecturer of Special disciplines sub-faculty of the North Caucasus Institute of Advanced Training of Employees of the MIA of Russia (branch) of Krasnodar University of the MIA of Russia, major of police
EXPERTISE IN THE INVESTIGATION OF CRIMES RELATED TO THE ILLEGAL EXTRACTION AND TRAFFICKING OF ANIMALS AND AQUATIC BIOLOGICAL RESOURCES
When investigating almost any crime, and especially if it is completely in the field of ecology, it is necessary to clearly determine the scale of destruction of the natural ecosystem and their consequences. The investigator often does not have special knowledge in this area, and if he does, then only the most general, or due to his practical experience. However, only the conclusion of an expert with special technical capabilities and means will be attached to the case as significant and legally binding.
Keywords: expertise, illegal extraction, catch, aquatic biological resources, animals, special knowledge.
Work bibliographic list
1. Code of Criminal Procedure of the Russian Federation of December 18, 2001 No. 174-FZ (as amended on June 11, 2021, as amended on June 17, 2021). [Electronic resource]. – Access mode: ATP “ConsultantPlus”.
2. Lubin A. F., Lubin S. A. The use of special knowledge in the investigation of crimes: forms and functions // Legal Science and Practice. – 2019. – No. 4 (18). – S. 176-180.
3. Rezvan A. P. Preparation and appointment of expertise in cases of pollution of water bodies and air: Proc. allowance. – Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1982. – P. 15.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
ZHARKO Nataliya Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FEATURES OF THE PREPARATION AND CONDUCT OF AN EXAMINATION DURING THE INVESTIGATION OF THE DISORGANIZATION OF THE ACTIVITIES OF INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article discusses the features of the preparation and conduct of an examination during the investigation of the disorganization of the activities of institutions of the penal system of Russia, providing isolation from society. The tasks and features of the preparation and conduct of this investigative action in the conditions of a penitentiary institution are indicated. Separate organizational and tactical techniques, recommendations for the preparation, conduct and fixation of the examination in a criminal case of this category are proposed.
Keywords: examination, convict, tactical tasks, activities, techniques, recommendations, 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.
CRIMINALISTICS
NAGOEVA Marina Auyesovna
Ph.D. in pedagogical sciences, professor of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
GIGIEV Timur Aslanovich
District Commissioner of the Police Department No. 1 of the Department of the MIA in the city of Nalchik, junior lieutenant of police
FROM THE PRACTICE OF INVESTIGATING HOOLIGANISM
In this scientific article, the problematic issues of the investigation of hooligan acts committed by minors are investigated. Hooligan motives differ from ordinary, generally understandable motives, including crimes: in some cases they are absurd, simply ridiculous, which gives rise, at first glance, to the impression that there is no motive for the elements of the crime under consideration. The ambiguity of the criminal’s motivation does not mean that there is no motive.
The fight against hooliganism is unthinkable without carrying out general social and special and individual preventive measures.
State special preventive work still does not lose its significance, however, most likely, it will be carried out within the framework of the activities of law enforcement agencies and a very limited number of special state preventive services.
Keywords: hooliganism, violence, the use of weapons or objects used as weapons, crimes against health committed from hooligan motives, a combination of hooliganism with other crimes.
Work bibliographic list
1. Volzhenkin B. Hooliganism // Criminal law. – 2007. – No. 5. – S. 17-22.
2. Danshin I. N. Responsibility for hooliganism under Soviet criminal law. – Kharkov, 1971.
3. Dudchenko A. V., Golotova M. A., Kolkareva I. N. Law. – Krasnodar, 2016. – 261 p.
4. Esina L. A. Qualification of hooliganism and other crimes committed out of hooligan motives (criminal and criminological aspects): author. dis. … cand. legal Sciences: 12.00.08. – Chelyabinsk, 2011. – 22 p.
5. Sharapov R. D. The concept of weapons as instruments of crime // Journal of Russian law. 2005. No. 11. – S. 76-81.
6. Sharapov R. D. Hooliganism // Legal Science and Law Enforcement Practice. – 2020. – No. 1 (51). – S. 32.
7. Shkhagapsoev ZL, Akkaeva Kh. A. Actual issues of delimitation of hooliganism from related offenses // Gaps in Russian legislation. – 2021. – T. 14. – No. 1. – P. 119-122.
CRIMINALISTICS
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and science of criminal law sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz Russian Slavic University
ARDASHEV Roman Georgievich
Ph.D. in Law, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Siberian Law Institute of the MIA of Russia
SOME ASPECTS OF MEDICAL AND FORENSIC EXAMINATIONS IN EXPOSING MURDERERS
The authors show on the examples of investigative and judicial practice the great importance of medical and forensic expert research in exposing criminals. The role of forensic medical and forensic examination in situations of changing the testimony of the accused (defendants), witnesses and victims is substantiated. The authors believe that the high professionalism of the investigator, his special erudition and the presence of strong business contacts with forensic experts and employees who carry out operational-search activities contribute to the high-quality appointment of forensic medical and forensic examinations in the investigation of murders and deathsf people in situations of complicated proof. Of great importance for achieving success is the desire of the investigator for self-education, and the effectiveness of the results of examinations depends on the level of professionalism and competence of the experts who conduct them.
Keywords: exposure of murderers, forensic medical and forensic examination, collection and evaluation of forensic evidence.
Work bibliographic list
1. Judgment of the Perm Regional Court of July 3, 1984 in criminal case No. 2-331. – C. 96.
2. Putintsev A. V., Kitaev N. N. On the role of forensic medical examinations in exposing the premeditated murder of a group of persons, staged as an accident // Siberian Forensic Readings. Issue IX. – Irkutsk, 1999. – S. 31-33.
3. Bags V. M. Forensic tactics. – M., 2019. – S. 70-76.
4. Shamurzaev T. T., Ardashev R. G. Activities of law enforcement agencies to search for missing persons and corpses of victims: monograph. – Bishkek: Publishing House of KRSU, 2022. – 160 p.
CRIMINALISTICS
KHARISOV Artur Saitgareevich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
INVESTIGATION OF MISAPPROPRIATION OR EMBEZZLEMENT OF PROPERTY IN RETAIL CHAIN ORGANIZATIONS
The article deals with the investigation of misappropriation or embezzlement of property in network and retail trade organizations, elements of the method of theft in organizations of network and retail trade by appropriation or embezzlement, methods of preliminary verification in network and retail trade organizations, signs of impeding or committed embezzlement or embezzlement in organizations of network and retail trade, procedural when arresting the perpetrators red-handed, as well as distinctive
Keywords: misappropriation, embezzlement, crime, theft, investigation.
Work bibliographic list
1. Criminalistics: a textbook for bachelors / Ed. ed. E. P. Ishchenko. – Moscow: Prospekt, 2017. – 368 p.
2. Criminalistics: textbook 2nd ed. (Augmented and revised) – M.: INFRA-M, 2009. – 502 p. – (Higher education)
CRIMINALISTICS
ISAEV Aliabas Ibragimovich
master of Laws, postgraduate student of Criminalistics sub-faculty of the M. V. Lomonosov Moscow State University
METHOD FOR SMUGGLING OF ALCOHOLIC PRODUCTS AND (OR) TOBACCO PRODUCTS
This article discusses theoretical approaches to understanding the method of committing a crime, as well as the main aspects related to the method of committing the smuggling of alcoholic products and (or) tobacco products as an element of forensic characteristics. The author analyzed the methods of smuggling of alcoholic products and (or) tobacco products; their characteristics are given.
Keywords: smuggling, tobacco products, alcoholic products, forensic characteristics of the method of committing, method of committing smuggling, forensic characteristics of smuggling.
Work bibliographic list
1. Belkin R. S. Forensic course: textbook. – M., 2001. – S. 805.
2. Bovkun V. V. On the ways of committing smuggling // Gaps in Russian legislation. – 2009. – No. 1. – P. 170-173.
3. Gross G. Guide for forensic investigators as a system of criminalistics: Per. with him. – St. Petersburg, 1908. – S. 8.
4. Dudnikov A. L. Forensic concept “Method of crime” // Problems of legality. – 2012. – No. 120. – P. 232.
5. Ereshko E. V. Russian legislation of the late XIX – early XX century. In the fight against smuggling // Historical and socio-educational thought. – 2011. – No. 3. – P. 111.
6. Zuykov GG Search for signs of ways to commit crimes. – M. 1970. – S. 75.
7. Zuykov GG Forensic doctrine about] the method of committing a crime: Abstract of the thesis. dis. … doc. legal Sciences. – M., 1970. – S. 98-102.
8. Isaev, AI Forensic characteristics of smuggling of alcoholic products and (or) tobacco products // Humanitarian, socio-economic and social sciences. – 2021. – No. 6. – P. 85-88.
9. The use of special knowledge in the investigation of customs crimes in the Socialist Republic of Vietnam (SRV): a scientific and theoretical manual / Tew Van Hung, Lu Hoai Bao, Lu Anh Thyn, Dinh Thuy Duong. – Tula, 2021. – P. 99.
10. Criminology: a short course of lectures / A. Yu. Reshetnikov, O. R. Afanaseva. – M., 2012. – S. 145.
11. Kolesnikova M. M. Forensic support for the activities of customs authorities to identify, prevent and suppress customs crimes: diss. Ph.D. – Irkutsk, 2008. – P. 36.
12. Kolesnichenko A. N. General provisions of the methodology for investigating certain types of crimes. – Kharkov: Kharkov. legal int, 1965. – p. 18.
13. Kuranova E. D. On the main provisions of the methodology for investigating certain types of crimes // Issues of criminalistics. – 1962. – No. 6-7. – S. 165-166.
14. Meretukov A. G. Problems of methods of investigation of smuggling. Diss. Ph.D. – Krasnodar, 2002. – P.30.
15. Novik VV Method of committing a crime. Criminal-legal and forensic aspects. – St. Petersburg, 2002. – S. 3.
16. Ovechkin V. A. Investigation of crimes, p.covered in dramatizations. – Kharkov, 1979. – S. 17.
17. Investigation of smuggling: A practical guide / Under. ed. Skvortsova. – M., 1999. – S. 17-18.
18. Shevchuk V. M. Fundamentals of methods of investigation of smuggling // Criminalistics. Forensic tactics and methods of crime investigation: textbook / ed. V. Yu. Shepitka. – Kharkov, 2001. – S. 477.
19. Yablokov N. P. Criminalistics: textbook. 2nd ed., revised. and additional – M.: Norma, 2008. – P. 34; Yablokov N. P. Forensic characteristics of the information reflected by the crime // Criminalistics. Textbook. Volume 1 / ed. ed. A. I. Bastrykina. – M .: Publishing house “Exam”, 2014. – P. 76.
CRIMINALISTICS
NAGOEVA Marina Auyesovna
Ph.D. in pedagogical sciences, professor of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
GIGIEV Timur Aslanovich
District Commissioner of the Police Department No. 1 of the Department of the MIA in the city of Nalchik, junior lieutenant of police
PREVENTION OF CRIMES DURING THE PRELIMINARY INVESTIGATION FOR MINORS
In this scientific article, the problematic issues of the investigation of juvenile crimes are investigated, the strictest observance of the rule of law at all stages of the investigation, a differentiated approach to assessing the personality of a teenager, ensuring educational and preventive impact on him is of particular importance. Ignoring these requirements has an adverse effect on the formation of a minor’s personality. It is necessary to further improve the practice of making submissions by the preliminary investigation bodies to eliminate the causes and conditions that contribute to the commission of crimes. The most important direction in this work is the identification and exposure of adults, as well as older teenagers, or underage organizers of criminal activity, the skillful debunking of their authority. The relevance of this topic is due to the fact that one of the most vulnerable groups of the population to commit offenses and crimes are minors, since it is quite easy to influence their emerging psyche through direct pressure from older persons or peers, by assimilating information from certain sources that are available to the majority.
Keywords: prevention of juvenile delinquency, regulatory legal acts, the level of juvenile delinquency, child rights, crime, offense.
Work bibliographic list
1. Antonyan Yu. M. Formation of personality in childhood and mercenary criminal behavior of adolescents // LexRussica. – 2017. – No. 2. – P. 115-122.
2. Valuyskov N. V. Grounds for the release of a minor from criminal liability // Baltic Humanitarian Journal. – 2017. – T. 6. – No. 4 (21). – S. 463-465.
3. Drovnina O. S. The problem of crime in adolescence // Alley of Science. – 2017. – No. 9. – P. 634-637.
4. Korkmazov A. V. On the role of social networks in the spread of youth extremism and countermeasures. // Journal of Applied Research. – 2022. – No. 5-2. – S. 188-191.
5. Shamaev A. M., Kodzokov B. V. Ethnopedegogics of the peoples of the North Caucasus in the first half of the 18th century // Problems of modern pedagogical education. – 2020. – No. 68-3. – S. 297-300.
CRIMINALISTICS
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and science of criminal law sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz Russian Slavic University
ARDASHEV Roman Georgievich
Ph.D. in Law, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Siberian Law Institute of the MIA of Russia
IDENTIFICATION OF UNIDENTIFIED SERIAL MURDERERS BY HANDWRITING AND AUTHORSHIP OF THE TEXT
The article discusses the possibilities of forensic examination of handwriting and authorship of the text to identify unidentified serial killers. On examples of investigative and judicial practice, the role of handwriting examinations in the named category of cases is shown. The authors note the importance of the problem raised, based on international forensic experience. The examples given in the article in their totality will undoubtedly be useful in the activities of investigators and operational officers in exposing serial killers and other criminals who have committed serious crimes, these examples can also replenish the list of scientific publications on the topic of interest.
Keywords: serial murderers, exposing criminals, forensic examination of handwriting.
Work bibliographic list
1. Research by A. Nini published in the journal Digital Scholarship in the Humanities – ed. ed.
2. Glazunov S. Monster // Soviet police. – 1991. – No. 1. – S. 18-27.
3. Record of the interrogation of Kulik V.S. dated March 27, 1986.
4. Judgment of the Judicial Collegium for Criminal Cases of the Supreme Court of the USSR of May 19, 1987 in the criminal case of Mikhasevich G.M.
5. Archive of the Supreme Court of the Republic of Moldova, 1981. Criminal case no. 2-37.
6. Kitaev N. N. Work with illegal correspondence of the arrested accused // Legitimacy. – 1995. – No. 5. – S. 17-19.
7. This case is described in detail in the documentary television film “Code Phrase” from the series “Legends of the Soviet Investigation” – ed. ed.
8. Sentence of the Leningrad City Court of December 28, 1989 Archival criminal case No. 2-135. – C. 23.
9. Shamurzaev T. T., Ardashev R. G. Timely disclosure of serial murders as an indicator of the professionalism of law enforcement agencies // Law and Law. – 2021. – No. 9. – P. 158-160.
10. Shamurzaev T. T. Reform of criminal justice in Kyrgyzstan. – Bishkek, 2011. – 284 p.
CRIMINOLOGY
PAYZULAEVA Burliyat Aygumovna
Ph.D. in pedagogical sciences, Deputy Director for educational work of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
KAKHRUMANOVA Sharifa Abusupyanovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Economics and law and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
RIGHTS OF VICTIMS OF CRIMES IN FOREIGN COUNTRIES (USA, UK)
The article provides a comparative analysis of the rights of victims of crimes in foreign countries. The study of the legislation of the USA, Great Britain allows us to come to the conclusion that in many foreign countries a crime is considered as an event threatening and insulting the whole society, and is prosecuted by the state. The victim is treated as another piece of evidence. However, in the legislation of the analyzed countries, there is an established specialized system aimed at protecting the rights of victims of criminal attacks, thus demonstrating their concern by establishing various procedures for compensation and restitution of victims.
Keywords: victim of crime, protection, rights, foreign countries, laws of the USA, Great Britain, comparative analysis.
Work bibliographic list
1. Presidential Task Force on Victims of Crime, Final Report (Washington, DC, State Press Office, 1982).
2. Rights of Victims” in Victims of Crime, 2nd edition, ed. Robert C. Davis, Arthur Lurigio and Wesely Skogan. – Thousand Oaks, Sage Publication, 1999. – P. 247-249.
3. Marie Manikis. Comparative overview of victims’ rights, enforcement and redress mechanisms in England and Wales and US federal jurisdiction. – Issue No. 1. – P. 1. Jurisdiction”. – Issue #6, Victims of Crime Research Digest.
4. David E. Aaronson. New Rights and Remedies: Federal Crime Victims Rights Act of 2004. – Volume 28, Issue 4, Pace Law Review. 2008.
5. Dean G. Kilpatrick, David Beetry, and Susan Smith Hawley. Rights of crime victims; does legal protection matter? – Washington, DC, US Department of Justice, National Institute of Justice, 1998.
6. “Rights and services of victims of crime; modern saga” 198 // From the book “Victims of crimes”. – S. 194-210. – 1997. Robert C. Davis, Arthur J. Lurigio, et al., eds.
7. Compensation for victims of violent crimes: Her Majesty’s Office, London, command no. 2323; Alec Samuels: “Compensation for Criminal Injuries in Britain” // University of Toronto Law Journal. – Vol. 17 (1967). – Rp. 20-50.
8. Sections 108-117 and the Criminal Injuries Compensation Act 1995 (Schedules 6 and 7 of the Act set out.) United Kingdom. – [Electronic resource]. – Access mode: https://www.garant.ru/.
CRIMINOLOGY
ABDULLIN Artur Rishatovich
Deputy Head of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE THEORY OF THE BORN CRIMINAL AT THE PRESENT STAGE OF THE DEVELOPMENT OF CRIMINOLOGY
The article discusses the relevance of the application of the theory of Cesare Lombroso about a born criminal. The author draws a conclusion about the modern aspects of the application of the theory, considers the most promising directions for establishing the correlation of anatomy and antisocial behavior. As a result, the conclusion is formulated about the importance of research in this direction, including from a practical point of view due to the possibility of effective application of the research results to prevent crimes.
Keywords: criminal person; aggressive behaviour; antisocial behaviour; anatomy; human morphology; genetics; neurobiology; neuropsychology.
Work bibliographic list
1. Gregory S., Ffytche D., Simmons A., Kumari V., Howard M., Hodgins S., Blackwood N. The Antisocial Brain: Psychopathy Matters. A Structural MRI Investigation of Antisocial Male Violent Offenders // ARCH GEN PSYCHIATRY. – Vol. 69. – No. 9. – SEP 2012. [Electronic resource]. – Access mode: https://www.sakkyndig.com/psykologi/artvit/gregory2012.pdf (accessed 20.08.2022).
2. Kiser D. P., Popp S., Schmitt-Böhrer A. G., Strekalova T., Hove D. L., Lesch K.-P., Rivero O. Early-life stress impairs developmental programming in Cadherin 13 (CDH13)-deficient mice // Progress in Neuro-Psychopharmacology and Biological Psychiatry. – Vol. 89. – 2019. – P. 158-168.
3. Latvala A., Kuja-Halkola R., Almqvist C., Larsson H., Lichtenstein P. A longitudinal study of resting heart rate and violent criminality in more than 700000 men // JAMA Psychiatry. – 2015. – R. 917-918.
4. Artemenkov A. A. Genetic-physiological and evolutionary significance of maladaptation (review) // Journal of Biomedical Research. – 2018. – T. 6. – No. 4. – S. 319-331.
5. Gladyshev M. I. Essential polyunsaturated fatty acids and their food sources for humans // Journal of Siberian Federal University. Biology. – 2012. – S. 352-386.
6. Cr Yuchkova AS Analysis of associations of MAOA gene polymorphism with aggressive and hostile behavioral strategies in adolescents and young people // Russian Journal of Psychology. – 2016. – T. 13. – No. 1. – P. 115-124.
7. Lombroso C. A criminal man. – Midgard, 2005. – 874 p.
8. Prozumentov L. V., Shesler A. V. General social determinants of crime // All-Russian journal of criminology. – 2018. – T. 12. – No. 1. – P. 5-14.
CRIMINOLOGY
BUBERBAEV Nurlan Dyusentaevich
competitor of Penal enforcement law and criminology sub-faculty of the National Research Tomsk State University, senior lecturer of Criminal law and criminology sub-faculty of the Barimbek Beisenov Karaganda Academy of the MIA of the Republic of Kazakhstan
CRIMINOLOGICAL FEATURE OF THE CITY OF NUR-SULTAN AS A MEDIUM FOR PRODUCING CRIMINAL BEHAVIOR: HISTORICAL, GEOGRAPHICAL AND SOCIAL ASPECTS OF THE DEVELOPMENT OF THE CAPITAL
The article examines the criminological feature of the city of Nur-Sultan as a medium for producing criminal behavior, stages and trends of its development. To clarify the historical factors of the existence of crime in Nur-Sultan, the stages of the development of the criminal situation from 1998 to 2007 are briefly considered. The author concludes that at the present stage, the environmental conditions of Nur-Sultan complement and strengthen the actions of the existing criminal environment.
Keywords: criminological environment, criminal behavior, criminality, objects of the criminal environment, crime factors.
Work bibliographic list
1. Trapsh V. G. Prevention of crimes in the agglomeration of a super-large city. – Minsk, 1984. – S. 5.
2. Under the control of the President // Kazakhstanskaya Pravda. 2006. July 27.
3. Neil McArthur & Markie L. C. Twist The rise of digisexuality: therapeutic challenges and possibilities // Sexual and Relationship Therapy. 2017 Vol. 32. Iss. 3-4: Special Issue on Sex and Technology. P. 335.
4. The study of crime in cities and rural areas / Ed. coll.: I. I. Karpets, E. B. Kuznetsov, M. M. Babaev; resp. ed. I. I. Karpets. – M., 1971. – 212 p.
5. Nafikov I.S. Shadow economy as a material basis for organized crime in a large city (questions of theory and practice): dis. … cand. legal Sciences. – Kazan, 2012. – 260 p.
CRIMINOLOGY
PAYZULAEVA Burliyat Aygumovna
Ph.D. in pedagogical sciences, Deputy Director for educational work of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
ABDURAKHMANOVA Minash Salavutdinovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Economics and law and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
LEGAL AND SOCIO-POLITICAL ASPECTS OF THE PROBLEM OF HUMAN TRAFFICKING IN THE WORLD
The article is devoted to the legal and socio-political aspects of the problem of human trafficking in the world. The growing scale of human trafficking is an issue widely discussed in the scientific literature and on the international agenda. Human trafficking can occur both internally and trans-nationally. Human trafficking is a crime against the person associated with the violation of the victim’s rights to travel by coercion for the purpose of commercial exploitation. A significant part of this article is dedicated to the international humanitarian aspects of human trafficking and human smuggling.
Keywords: human trafficking, human smuggling, international experience, counteraction, legal aspects.
Work bibliographic list
1. Olimpiev A.Yu. Combating human trafficking: a methodology for investigating criminal cases and methods for conducting operational-search activities: a methodological guide. – M.: UNITI-DANA, 2012. – 111 p.
2. Glotov S.A., Salnikov S.V. Counteraction to human trafficking: legal regulation, foreign and domestic practice. – M.: International Law Institute, 2009. – 232 p.
3. Shalagin A.E., Idiyatullov A.D. Foreign experience of crime prevention in the XXI century // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – T. 11. – No. 2 (40). – S. 219-225.
CRIMINOLOGY
TSEBEKOVA Gilyana Vladimirovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Kalmyk State University
BASANOV Vladimir Vasiljevich
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Kalmyk State University
KVITSINIYA Diana Apollonovna
Ph.D. in Law, senior lecturer in Business law sub-faculty of the Moscow State Regional University
CORRUPTION AND OTHER PROBLEMS IN THE FIELD OF ADOPTION
The article is dedicated to the study of the issues of legal regulation of adoption. However, the sphere of adoption is one of the most problematic corruption. Potential parents sometimes offer large sums for the adoption of children. Therefore, compliance with adoption procedures and control by both state authorities and individual citizens are very important. It is also important to explain to the subjects of adoption all their responsibilities so that there is no corruption in the field of adoption.
Keywords: adoption, corruption, adoptive parents, orphans, the law.
Work bibliographic list
1. Alekseeva L. S., Menovshchikov V. Yu. Social patronage of the family in the system of social services. – M .: GNII of family and education, 2000. – P. 126.
2. Baikalova L.V. Problems of illegal adoption (adoption) of Russian children by foreign citizens // Bulletin of the International Institute of Management. – 2018. – No. 2 (147). – P. 10.
3. Kramchaninova N. V. Modern state policy in the field of social orphanhood in Russia // ISOM. – 2020. – No. 1. – P. 84.
4. Kudryavtseva M. V., Kalashnikova S. M. Peculiarities of corruption in adoption. Vseross. scientific-practical. conf. – Chelyabinsk: Chelyabinsk Publishing House. f-la RANHIGS, 2017. – S. 99.
5. Letova N. V. Adoption (adoption) of a child as a way to protect his rights and legitimate interests // State and Law. – 2019. – No. 6. – P. 66.
6. Makeeva A. A. Bilateral international treaties as a factor in ensuring the rights of the child // Zhurn. grew up rights. – 2013. – No. 1. – P. 122.
7. Mikheeva L. Yu. Guardianship and guardianship: Theory and practice / ed. Doctor of Law, Prof. R.P. Manankova. – M.: Wolters Kluver, 2004. – P. 93.
8. Tuktamyshova L. G. Adoption of Russian children by Americans // Uchen. app. Kaz. state university Ser. “Humanist. science”. – 2009. – T. 151. Book. 4. – S. 134.
9. Ukhanov Yu. D. The concept and meaning of adoption (adoption) of children in the legislation of the Russian Federation // Science. Society. State. – 2018. – Volume 6. – No. 3 (23). – S. 79.
10. Yarychev N. U. Civil law principles of adoption (adoption) in the Russian Federation // Humanitarian, socio-economic and social sciences. – 2015. – No. 1. – P. 183.
LAW ENFORCEMENT AUTHORITIES
LUKYANOV Alexey Borisovich
Ph.D. in pedagogical sciences, associate professor of Physical education sub-faculty of the Ufa State Aviation Technical University
ARUTYUNYAN Vagan Nikolaevich
lecturer of Physical training of the UNK SP sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
MIRZOEV Aziz Rafikovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
ORGANIZATION OF INTERACTION OF THE DISTRICT POLICE COMMISSIONER WITH THE RESIDENTS OF THE ADMINISTRATIVE AREA
The paper presents a legal analysis of the activities of the district police commissioners of the Russian Federation. The authors discuss the regulatory framework for organizing the interaction of the district police commissioner with the residents of the administrative area, as well as the forms and methods of citizens’ appeals to law enforcement officers. The relevance of the topic is associated with an extensive list of duties for interaction with citizens, which are the basis of the activities of district police officers.
Keywords: district police commissioner, administrative precinct, criminogenic situation, illegal acts, administrative activity.
Work bibliographic list
1. On the police: Federal Law of February 7, 2011 No. 3-FZ. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/Deljatelnost/work/laws/Federalnij zakon O policii (date of access: 07/12/2022).
LAW ENFORCEMENT AUTHORITIES
MALYSHEV Sergey Yakovlevich
Ph.D. in Law, associate professor, associate professor of Economics sub-faculty of the Ufa State Aviation Technical University
KISELYOV Nikolay Nikolaevich
Ph.D. in Law, associate professor, associate professor of Operational investigative activity of the department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
ASSISTANCE OF PERSONS TO LAW ENFORCEMENT AGENCIES IN THE FIGHT AGAINST CRIMINAL MANIFESTATIONS: QUESTIONS OF THEORY AND PRACTICE
The article discusses the main problems related to the classification of assistance of persons to law enforcement agencies in order to identify, prevent, suppress, disclose and investigate crimes. A comparative analysis of regulatory legal acts regulating the provision of voluntary assistance to law enforcement agencies by individuals has been carried out. The content side is investigating and the definition of the concepts of “assistance of persons to law enforcement agencies”, “assistance of persons to law enforcement agencies outside of assistance”, “assistance of persons to law enforcement agencies in the form of cooperation, including cooperation” is given. To confirm their findings, the authors of the article actively used practical examples from the law enforcement activities of law enforcement officers, namely, the establishment of anonymous legal relations with individuals. The ways of solving the problem of classifying the assistance of persons to law enforcement agencies at the legislative level are outlined.
Keywords: assistance of persons to laenforcement agencies, assistance, cooperation, anonymous assistance, legal relations.
Work bibliographic list
1. Dubonosov E. S. Operational-search activity: a textbook for universities. – 4th ed. revised and additional – M.: Yurayt Publishing House, 2013. – 442 p.
2. The theory of operational-search activity: a textbook. 3rd ed. revised and additional / Ed. K. K. Goryainov, V. S. Ovchinsky, G. K. Sinilov. – M.: INFRRRA-M, 2016. – VIII, 712 p. – (Higher education: Bachelor’s degree).
LAW ENFORCEMENT AUTHORITIES
Popova Natalya Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Theoretical foundations of physical education sub-faculty of the Altai State Pedagogical University
ZHELONKIN Vadim Viktorovich
postgraduate student of the Altai State Pedagogical University, lecturer of Physical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
ZAVGORODNIY Andrey Gennadjevich
lecturer of Physical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
EDUCATION OF INDEPENDENT PHYSICAL TRAINING OF CADETS IN THE PROCESS OF TRAINING SESSIONS
The material presented in the article is a practical experience of educating independent physical training of cadets in the process of training sessions. The article analyzes the educational and training process associated with the use of pedagogical technologies in physical education classes with cadets of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. The issues of educational work with cadets are revealed, the need for the education of independence as a basic quality is indicated, including the implementation of patriotic education of cadets in the process of training sessions. When developing a methodology for educating independence among cadets, the authors were guided by the provisions of pedagogy and psychology on the need to determine specific ways and means of educating the quality of personality, based on their main manifestations, forming stable socially significant motives that encourage cadets to independent actions. To confirm their hypothesis, the authors conducted an experiment in which two groups of cadets of 25 people participated. The experiment was conducted on the basis of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. The essence of the experiment was as follows: in the control and experimental groups, preliminary monitoring of attendance, academic performance, psycho-emotional state and motivation level when attending physical education classes was carried out. The authors conclude that the use of innovative forms and methods of conducting classes leads to an increase in academic performance, manifestations of independence and understanding of their importance in the educational and training process, attendance, psycho-emotional state, as well as increases the interest of cadets in classes and leads them to a conscious study of the theoretical foundations and the development of practical skills of physical culture.
Keywords: education, independence, educational and training process, physical training, patriotism, innovative forms and methods.
Work bibliographic list
1. Bayankina D. E. Organizational features of independent work of students in the process of stimulating cognitive activity // World of science, culture, education. – 2016. – No. 6 (61). – S. 126-129.
2. Botvin I. V. Combating extremism: a justified necessity or a modern trend // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1. – S. 26-28.
3. Botvin I. V., Marakulin D. A. Regional features of extremist crime (based on materials from the Altai Territory) // Bulletin of the Kuzbass Institute. – 2018. – No. 4. – S. 29-34.
4. Knyazev S. A., Kornaushenko A. V. The influence of an independent sport on the physical fitness of cadets of the Barnaul Law Institute // World of Science, Culture, Education. – 2019. – No. 3 (76). – S. 181-184.
5. Manannikov S. V., Knyazeva Yu. A. Education of moral qualities in athletes // Psychology and pedagogy of service activities. – 2021. – No. 1. – P. 147-150.
6. Popova N. V., Knyazeva Yu. A., Knyazev S. A., Lomonosov M. V. The development of endurance among students in the education system // In the collection: Topical issues of physical culture and sports. Materials of the XXIII All-Russian scientific-practical conference with international participation, dedicated to the memory of Professor Yu. T. Revyakin. – Tomsk, 2021. – S. 81-84.
7. Popova NV Towards the development of due standards of student youth physical fitness // Izvestiya of the Tula State University. Physical Culture. Sport. – 2020. – No. 12. – P. 50-55.
8. Tyukin V. G. Special orientation in the development of motor abilities as an effective way of educating reliability in the actions of future specialists // Modern problems of science and education. – 2021. – No. 6. – P. 52.
LAW ENFORCEMENT AUTHORITIES
SALNIKOV Aleksandr Sergeevich
Ph.D. in Law, leading scientific researcher of the Department for the study of history of the MIA of Russia of the research center of the Management Academy of the MIA of Russia
SALNIKOVA Anastasia Aleksandrovna
Investigator of the Department of the MIA of Russia for the Yaroslavl district of the Yaroslavl region
ON THE DATE OF FORMATION OF THE LEGAL SERVICE OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article analyzes the issue of the date of organization of legal units in the system of the Ministry of Internal Affairs of Russia. On the basis of archival documents and regulations, a number of alternative dates of the Soviet period and the period of the Russian Empire related to the organization of legal units in the structure of the Ministry of Internal Affairs – NKVD are considered. The substantiation of the date of establishment of the Ministry’s legal service, currently established by the order of the Ministry of Internal Affairs of Russia, is given
Keywords: The Ministry of Internal Affairs of the Russian Empire, the NKVD of the RSFSR, GPU NKVD of the RSFSR, the Ministry of Internal Affairs of the USSR, the Ministry of Internal Affairs of Russia, the legal service, Catherine II, Alexander I , Kititsyn P.T., the Charter of the Deanery, the Board of the Deanery, the lawyer, the legal adviser, the legal part.
Work bibliographic list
1. History of the Russian police. Scientific reference book calendar of memorable dates: monograph / A.N. Konev [and others]: ed. Ed. V.L. Kubyshko. – 2nd ed. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. – T. 1.
2. The history of the creation and development of the legal service: from Russian truth to the present – Ed. A.G. Avdeyko. – M.: FGKU “EPK MIA of Russia”, 2018.
3. Kotlyar A.I. Genesis and trends in the development of the legal service of the Ministry of Internal Affairs of the Russian Federation // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky Jurisprudence. – 2018. – T. 4 (70). No. 3. – S. 24-30.
4. Borisov A.V., Korabelnikova Yu.L., Kosykh A.A. etc. Organization of legal work: a tutorial. – M: Academy of Management of the Ministry of Internal Affairs of Russia, 2021.
5. Skorkin K.V. NKVD RSFSR: 1917-1923 // Ministry of Internal Affairs of Russia: people, structure, activity. – T. II. – M .: United edition of the Ministry of Internal Affairs of Russia, 2008.
6. Potemkin I. A. et al. Expert opinions on the establishment of memorable dates for units of the central apparatus of the Ministry of Internal Affairs of Russia: a collection. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2020.
LAW ENFORCEMENT AUTHORITIES
YAKOVETS Evgeniy Nikolaevich
Ph.D. in Law, professor of Administrative and financial law sub-faculty of the Russian Customs Academy, Honored lawyer of the Russian Federation
ZHURAVLENKO Nikolay Ivanovich
Ph.D. in Law, associate professor, associate professor of Mathematical modeling and information security sub-faculty of the Neftekamsk branch of the Bashkir State University
HISTORY OF THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE METHODS TO INFORMATION AND ANALYTICAL WORK OF LAW ENFORCEMENT AUTHORITIES
The article tells about how artificial intelligence made its way into the information and analytical work of law enforcement agencies. Based on the analysis of the history of the introduction of artificial intelligence methods into the activities of the criminal police units of the Main Department of Internal Affairs of Moscow, the article shows that despite problems in financing in the late 1990s – early 2000s. Significant progress has been made in organizing the analytical activities of these structures. From this analysis, it follows that the further development of information and analytical work will significantly improve the efficiency of law enforcement and the detection of crimes.
Keywords: artificial intelligence, information and analytical work, law enforcement agencies.
Work bibliographic list
1. National strategy for the development of artificial intelligence for the period up to 2030: approved. Decree of the President of the Russian Federation of October 10, 2019 No. 490. [Electronic resource]. – Access mode: http://static.kremlin.ru/media/events/files/ru/AH4x6HgKWANwVtMOfPDhcbRpvd1HCCsv.pdf (date of access: 10/14/2019).
2. Makarov V. META presented a universal neural network that independently recognizes photos, audio and video: a new milestone in the history of AI // Popular Mechanics. 2022. January 21 (date of access: 01/22/2022).
3. OSCE Guidebook on Intelligence-Led Policing. [OSCE Guide to Intelligence-Based Policing] // DTNU/SPMU Publication Series. Volume 13. Vienna, July 2017
4. Yakovets E.N. The ratio of “police work based on operational data and information”, practiced by the OSCE participating countries, and domestic operational-investigative analysis // Operative (Syshchik). 2018. No. 3 (56). July. M.: Shumilova I.I. Publishing House, 2018. S. 64-69.
5. Yakovets E.N., Zhuravlenko N.I., Pestretsov M.A. Information and analytical support of operational-search activity: Monograph. Simferopol: Polyprint. 2020. S. 203-217.
6. Materials of the practical use of operational-search records of information and analytical units in solving crimes: nomenklatura case No. 31 // IAO KM GUVD of Moscow. 1998-2001
7. Vasilyeva N. In Russia, they want to create a system for combating crimes on the Internet // Parliamentary newspaper. 2022. January 21. [Electronic resource]. – Access mode: https://www.pnp.ru/social/v-rossii-khotyat-sozdat-sistemu-borby-s-prestupleniyami-v-internete.html (date of access: 01/22/2022).
ORGANIZATION OF LAW ENFORCEMENT ACTIVITIES
BAGREEVA Elena Gennadievna
Ph.D. in Law, professor of the Financial University under the Government of the Russian Federation
FEDOROVICH Mikhail Aleksandrovich
master of law of the M. V. Lomonosov Moscow State University
TO THE PROBLEM OF LEGAL ESSENCE OF CYBERSPACE
The authors consider the etymology of the concept of cyberspace, pay special attention to the conceptual apparatus used in defining cyberspace, formulate the author’s definition and compare it with the current regulatory regulation. The analysis of problems at the macro and micro levels of social reality allowed the authors to formulate practical conclusions and proposals in the legal field that can be used both in theoretical and practical activities.
Keywords: cyberspace, cybersecurity, Internet space, legal regulation, forensic.
Work bibliographic list
1. Dvoretsky M. Yu., Kopyryulin A. N. Optimization of criminal liability and problems of qualifying crimes in the field of computer information. – Tambov: TSU im. G. R. Derzhavina, 2006. – S. 35.
2. Berg A. I., Kolman E. Cybernetics expected. Cybernetics is unexpected. – M.: Nauka, 1968. – S. 152.
3. Explanatory Dictionary of Ozhegov and Shvedova. – [Electronic resource]. – Access mode: https://gufo.me/dict/scientific/%D0%9A%D0%98%D0%91%D0%95%D0%A0%D0%9D%D0%95%D0%A2%D0 %98%D0%9A%D0%90 (date of access: 02/15/2022).
4. Artyukh A. A. Cyberspace: the best way out is the entrance // Cinema Art. – No. 4. – P. 10.
5. Dzyaloshinsky I. M. Human rights in cyberspace // The right to know: history, theory, practice. – 2003. – No. 11-12. – p. 5.
6. Dzyaloshinsky I. M. Decree. essay. – P. 7.
7. Reno vs. ACLU, 117 S. Ct. 2329 (1997) (casebook at 932-53). – [Electronic resource]. – Access mode: http//ciec.org/SC_appeal/opinion.shtml (date of access: 02/17/2022).
8. Aliev V. M. Political and legal aspects of the transition to a digital economy in Russia. – 2018. – [Electronic resource]. – Access mode: Consultant Plus.
9. Kozlov S. V. Legal regulation of relations on the Internet, or what is Internet law // Law and Economics. – 2016. – No. 11. – [Electronic resource]. – Access mode: Consultant Plus.
10. Suits V. P., Anushevsky I. I. Forensik: methods and methods of financial investigation // Audit and financial analysis. – 2014. – [Electronic resource]. – Access mode: https://auditfin.com/fin/2014/6/fin_2014_61_eng_07_04.pdf.
ORGANIZATION OF LAW ENFORCEMENT ACTIVITIES
FEDOROVICH Mikhail Aleksandrovich
master of law, M. V. Lomonosov Moscow State University
DARKNET AS A THREAT TO THE ECONOMIC SECURITY OF THE RUSSIAN FEDERATION
The author defines the place of “Darknet” in the system of Internet space of the Russian Federation. Much attention is paid to the definition of threats to Internet security and the priority areas of the fight against “Darknet” and the challenges it offers. The author proposes various ways of solving the problem of darknet Internet. Each of the proposed mechanisms can be expanded by creating an up-to-date regulatory framework and necessary state mechanisms. The interdisciplinary nature of the study determines the relevance and relevance of M.A. Fedorovich’s research both theoretically and in a practical sense for judicial, administrative, law enforcement and legislative bodies. Scientific research presented by Fedorovich M. A. can be used as a basis for further theoretical developments, as well as serve as a basis for the improvement of legislation in the field of high technology, computer and information security.
Keywords: dark Internet, Darknet, computer security, information security, cybercrime, cybersecurity.
Work bibliographic list
1. Official website of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://genproc.gov.ru/smi/news/genproc/news-1703326/ (accessed 06/19/2022)
2. The concept of cybercrime is not contained in the Russian legal system. The most authoritative definition may be the definition formulated in the Budapest Convention, according to which, these are “acts directed against the confidentiality, integrity and availability of computer systems, networks and computer data, as well as the abuse of such networks and data systems”.
3. Somik K. V., Khabibulin A. G. Information and analytical support for financial investigations / Ed. Shakhraya S. M. Moscow: ARGAMAK-MEDIA, 2017. – P. 58-61.
4. Prostoserdov M. A. Economic crimes committed in cyberspace. Monograph. – Moscow: Yurlitinform, 2017. – P. 27.
5. Jessica A. Wood. The Darknet: a digital copyright revolution // Richmond Journal of Law & Technology. – 2010. – P. 16.
6. Nikolakhin A. Yu. Use VPN technologies for information security // Economics and quality of communication systems. – 2018. – No. 3 (9). – S. 60-68.
7. Tor Metrics. [Electronic resource]. – Access mode: https://metrics.torproject.org/userstats-relay-country.html?start=2019-12-15&end=2020-03-14&country=ru&events=off (date of access: 05/01/2020);
8. Tor Metrics. [Electronic resource]. – Access mode: https://metrics.torproject.org/userstats-relay-country.html?start=2010-01-01&end=2020-03-14&country=en&events=off (date of access: 05/01/2020);
9 Bancroft, Angus. The Darknet and smarter crime. Methods for investigating criminal entrepreneurs and the illicit drug economy // Palgrave macmillan. – 2020. – P. 10.
10. Peter Biddle, Paul England, Marcus Peinado, and Bryan Willman. The Darknet and the future of content distribution // Microsoft Corporation. – 2002. – S. 1.
11. Fedorovich M. A. Dark Internet in the system of Internet crime // Scientific electronic journal “Meridian”. – 2020. – Issue No. 7 (41).
12. Council of Europe. [Electronic resource]. – Access mode: https://www.coe.int/ru/web/impact-convention-human-rights/convention-on-cybercrime (date of access: 07.07.2022).
SAFETY AND LAW
Alieva Svetlana Viktorovna
Ph.D. in sociological sciences, professor of Management and business law sub-faculty of the North Caucasian Institute (branch) of the RANEPA under the President of the Russian Federation
ZHAMBOROV Anzor Anatoljevich
Ph.D. in Law, associate professor of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SEMIGLAZOV Artur Gennadjevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOCIO-PSYCHOLOGICAL ASPECTS OF PREVENTION OF EXTREMISM AND TERRORISM IN THE YOUTH ENVIRONMENT
In modern conditions of ongoing global transformations, extremism and terrorism are becoming one of the main sources of threats to public security in Russia and in the world. Particularly relevant is the solution of the problem of the spread of extremist ideology among the youth. The article analyzes the essence of youth extremism and terrorism, the factors influencing their emergence and development. The conclusion is made about the need to solve this problem based on the analysis of the socio-psychological aspects of extremism and the implementation of appropriate preventive measures.
Keywords: extremism, terrorism, socio-psychological aspects, youth environment, prevention.
Work bibliographic list
1. Great Soviet Encyclopedia. [Electronic resource]. – Access mode: http://bse.uaio.ru/BSE/3001.htm
2. Huntington S. Who are we? Challenges to American National Identity / Per. from English. A. Bashkirova M., 2004. 637 p.
3. Baudrillard J. The system of things / Per. S. N. Zenkina. Moscow: Rudomino, 2001. 220 p.
4. Voronov M.V. Fundamentals of the political and legal restriction of socio-political extremism as a threat to the national security of the Russian Federation: author. dis. … cand. polit. Sciences: 23.00.02.M., 2003. 15 p.
5. Khlebushkin A.G. Criminal extremism: concept, types, problems of criminalization and penalization: author. dis. … cand. legal Sciences: 12.00.08. Saratov, 2007. 27 p.
6. Rostokinskiy A.V. Modern extremism: criminological and criminal law problems of qualification and counteraction: a course of lectures. M.: Nauka, 2007. 147 p.
7. Krasikov V.I. Extremism: patterns and forms. Moscow: Aquarius, 2009. 496 p.
8. Klyuev A.A. Socio-philosophical analysis of the definitions and typology of the phenomenon of “extremism” // Society, philosophy, history, culture. M., 2020. No. 4 (72). pp. 1-5.
9. Vekhov I.V. Extremism as an object of sociological research // Proceedings of the Russian State Pedagogical University. A.I. Herzen. 2009. No. 111. S. 288 (S. 284-290).
10. Rusanova O.A. Ethno-religious extremism as a social phenomenon in Russian society (on the example of the North Caucasian region): dis. … cand. social Sciences. M., 2004. S. 4, 9.
11. Reznikova A.V. Structural and dynamic characteristics of modern religious extremism (the role of the “Islamic” factor in the North Caucasus region): dis. …cand. sociological Sciences. M., 2004. S. 9.
12. Akunina Yu.A. Socio-cultural conditions for the prevention of extremism among the youth: author. dis. … cand. ped. Sciences: 13.00.05. M., 2005. 20 p.
13. Naida A.A. Practical aspects of the application of the law on combating extremist activities. Religious extremism // The practice of applying the law on countering extremist activity: Sat. mater. scientific-practical. conf. M., 2016. – S. 6-13.
14. Federal Law of July 25, 2002 No. 114-FZ “On counteracting extremist activity” (with amendments and additions). [Electronic resource]. – Access mode: https://base.garant.ru/12127578/
15. Federal Law of December 30, 2020 No. 489-FZ “On Youth Policy in the Russian Federation”: [Electronic resource]. Access mode: https://www.garant.ru/products/ipo/prime/doc/400056192/ (accessed 03/14/2022).
16. Petrova T.A. Administrative and legal basis of activitythe responsibility of the internal affairs bodies to counter extremism among the youth [Text]: author. dis. … cand. legal Sciences. M., 2009. S. 29.
17. Afanas’eva R.M. Socio-cultural conditions for countering extremism among the youth (social and philosophical analysis) [Text]: author. dis. … cand. philosophy Sciences: 09.00.11. M., 2007. 22 p.
18. Sorokin A.I. Factors influencing the emergence of extremism in the youth environment and their prevention // Victimology. 2018. No. 4 (18). pp. 14-19.
19. Emelyanov V.P. Terrorism and crimes with signs of terrorization: A criminal law study. SPb., 202. S. 84.
20. Seltsovsky P.A. Modern terrorism: challenges and responses in the conditions of Russia: Dis. … cand. polit. Sciences. M., 2003. 28 p.
21. Avdeev Yu. I. Political extremism in modern Russia [Text] // Reforming Russia: from myths to reality: monograph / Ed.: G. V. Osipova, V. K. Levashova. M.: ISPI RAN, 2001. Volume 1. P. 343.
SAFETY AND LAW
Baranov Vladimir Vladimirovich
Ph.D. in Law, associate professor of Information technology sub-faculty of the Academy of Management of the MIA of Russia
ZAKHVATOV Igor Yurjevich
Ph.D. in Law, associate professor, associate professor of Organization of the activities of the internal affairs bodies sub-faculty of the CCSHU Academy of Management of the MIA of Russia
COUNTERING EXTREMISM IN PUBLIC ADMINISTRATION: LEGAL ASPECT
In this paper, the authors present a reasoned justification of their point of view on the further improvement of legal support for the activities of law enforcement agencies related to countering extremism and its manifestations in the global computer network through the prism of the theory of law enforcement organization.
The subject of the study is the legal and organizational foundations of the activities of the internal affairs bodies of the Russian Federation focused on countering extremism and its manifestations in the global computer network. The determination of the place of the internal affairs bodies in the system of countering extremism and its manifestations in the global computer network, the identification of the subject composition and key parameters of this system was preceded by a thorough analysis of the latter.
The object of the study is all those types of legal relations that arise during the activities of internal affairs bodies aimed at countering extremism and its manifestations in the global computer network.
The normative basis of the study is formed by: the Constitution of the Russian Federation; norms of administrative, criminal, criminal procedure law, legal acts, including orders of the Ministry of Internal Affairs of Russia and other law enforcement ministries and departments, interdepartmental legal acts; examples from foreign legislation were used.
The scientific novelty of the study lies in the fact that the authors present a reasoned justification of their point of view on the further improvement of legal support related to countering extremism and its manifestations in the global computer network of the activities of law enforcement agencies through the prism of the theory of law enforcement organization.
The following results, bearing scientific novelty, were achieved during the implementation of the goal: – identified areas for further improvement of legal regulation (including through amendments to existing legislative acts) related to countering extremism and its manifestations in the global computer network of the activities of internal affairs bodies; – a number of proposals have been made aimed at further improving the organizational aspect of the activities of internal affairs bodies related to countering extremism and its manifestations in the global computer network, by putting a legal assessment and including in the practice of the activities of internal affairs bodies scientific methods for recognizing extremist information broadcast and distributed in the global computer network.
Keywords: extremism, terrorism, cyberextremism, Internet, extremist activity, extremist ideology, crime, prevention, security, activity.
Work bibliographic list
1. Nechevin D.K., Baranov V.V. Countering extremism in the global computer network Internet: history and modernity // Administrative law and process. – 2022. – No. 2. – S. 26-33.
2. Chelmakina M.A. Legal regulation of extremist activity on the Internet // Materials of the Youth Forum of the Volga Federal District “Youth’s Choice – Internet without Terrorism”. FSBEI HPE “Penza State University”. – 2013. – P. 118.
3. Magomedtagirov A.M. Problems of improving the practice of applying legislation to counter extremism // Legislation and law. – 2014. – No. 5. – P. 36.
4. Sundiev I.Yu., Smirnov A.A. Networks and terrorism: an analytical report. [Electronic resource]. – Access mode: http://sartraccc.ru (date of access: 03/16/2020)
5. Saveliev A.I. Commentary to the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” (item-by-article). – M.: Statut, 2015. – P. 62.
SAFETY AND LAW
BASOV Andrey Vitaljevich
Ph.D. in Law, associate professor, Head of State and legal disciplines sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
PROCEDURAL FEATURES OF THE PARTICIPATION OF THE PROSECUTOR IN THE CONSIDERATION OF CASES ON ADMINISTRATIVE SUPERVISION OF PERSONS RELEASED FROM PLACES OF DEPRIVATION OF LIBERTY
The article analyzes the problems of legal regulation of the sphere of appointment of administrative supervision of persons released from places of deprivation, taking into account the practice of law enforcement. The purpose of the study is to form ideas about the current judicial practice in administrative cases on the establishment of administrative supervision over persons released from places of deprivation of liberty, which is achieved through the following tasks: study of typical mistakes that are made when considering this category of cases; identification of problems of normative regulation of certain areas of establishing administrative supervision based on the analysis of legal norms and the practice of their application; formulation of proposals on the prospects for the development of legislation.
Keywords: administrative proceedings, administrative case, administrative supervision, citizen, theory, judicial practice.
Work bibliographic list
1. Selected data from the GAS form “Participation of a prosecutor in civil, administrative and arbitration proceedings” for 2020 and 2021 (approved by order of the Prosecutor General of the Russian Federation dated May 29, 2018 No. 322).
2. Federal Law of April 6, 2011 No. 64-FZ “On administrative supervision of persons released from places of deprivation of liberty”. [Electronic resource]. – Access mode: https://base.garant.ru/12184517/493aff9450b0b89b29b367693300b74a/ (date of access: 08/30/2022).
3. Decree of the Plenum of the Supreme Court of the Russian Federation of May 16, 2017 No. 15 “On some issues arising when the courts consider cases on administrative supervision of persons released from places of deprivation of liberty.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_216883/ (date of access: 08/30/2022).
4. Cassation ruling of the Ninth Cassation Court of General Jurisdiction dated July 28, 2021 in case No. 88a-6266/2021. [Electronic resource]. – Access mode: https://9kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=4118460&case_uid=ab637ab1-bcef-4bdc-b832-2323ec6b27db&new=0&delo_id=43 (date of access: 08/22/2022).
5. Cassation ruling of the Ninth Cassation Court of General Jurisdiction dated October 14, 2020 in case No. 88a-6965/2020. [Electronic resource]. – Access mode: https://9kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=3937708&case_uid=a4973512-5658-41cf-8d0e-8aec145609a6&new=0&delo_id=43 (date of access: 08/22/2022).
6. Cassation ruling of the Ninth Cassation Court of General Jurisdiction dated September 30, 2020 in case No. 88a-7063/2020. [Electronic resource]. – Access mode: https://9kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=3937714&case_uid=cee99102-4170-49cb-964d-7e7364b056c2&new=0&delo_id=43 (date of access: 08/22/2022).
SAFETY AND LAW
SEMENOV Evgeniy Alekseevich
Ph.D. in Law, professor of Criminal process sub-faculty of the Orel Law Institute of the MIA of Russia, lieutenant colonel of police
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
ON THE ISSUE OF THE CHARACTERISTICS OF EXTREMISM AMONG YOUNG PEOPLE
The article analyzes the existing problems of the spread of extremist views in the youth community. Based on the conducted research, the author comes to the conclusion that modern youth extremism is characterized by natural features inherent in youth representatives (features of psycho-emotional development, maximalism, the desire to resist public views, etc.), but at the same time, its transformation into specific forms of manifestation is of fundamental importance to the processes taking place in Russian society and the state. Educational organizations of all levels are singled out as the most promising subject of the prevention of youth extremism, where the main process of formation and development of the personality of representatives of the younger generation takes place. Attention is focused on preventing unpunished manifestations of extremism in youth collectives formed in educational organizations.
Keywords: extremism, youth extremism, the fight against the spread of illegal views in the youth community, prevention of illegal behavior.
Work bibliographic list
1. Batyukova E. V. On the issue of countering youth extremism in Russia // Law and Law. – 2022. – No. 2. – P. 129-131.
2. Budanov S. A., Kolesnikov R. V. Youth extremism: features of the structure of the personality of a criminal // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 139-145.
SAFETY AND LAW
GOLYANDIN Nikolay Petrovich
Ph.D. in Law, professor of Special disciplines sub-faculty of the North-Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia
SHERIEV Alberd Malylevich
Ph.D. in Law, lecturer of Special disciplines sub-faculty of the North-Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia
PKHESHKHOVA Irina Muayedovna
senior detective for Internal Affairs of the Center for Internal Affairs of the MIA for the Karachay-Cherkess Republic
CAUSES AND CONDITIONS CONDUCIVE TO THE SPREAD OF THE IDEOLOGY OF TERRORISM AMONG THE YOUTH
The article analyzes the causes and conditions that contribute to the spread of the ideology of terrorism among the youth. Based on the analysis, the authors make proposals for improving preventive measures and prevention of the spread of extremist ideology and terrorist activities among the youth.
Keywords: extremism, terrorism, ideology, psychology, personality, conflict, counteraction.
Work bibliographic list
1. Enikolopov S. N. Terrorism and aggressive behavior // National Psychological Journal. – 2006. – No. 1. – C. 28-32.
2. Mursalimova Yu. R. To the question of religious (self) identification in linguistic consciousness // Language. Literature. Culture. – 2002. – No. 1. – P. 123-132.
3. Burmykina O. N. Trends in changes in intergenerational family relations // Petersburg Sociology Today. – 2019. – No. 12. – P. 134-153.
SAFETY AND LAW
GUTIEVA Irina Genrikhovna
Ph.D. in Law, Deputy Head 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
ON THE ISSUE OF THE EMERGENCE AND DEVELOPMENT OF EXTREMISM AND TERRORISM IN RUSSIA
Extremist and terrorist manifestations arise from pre-existing and currently existing national and religious issues. These phenomena are beginning to manifest themselves actively in connection with the turbulent contradictory changes taking place in the political life of Russia. Their consequence is daily reminders of terrible cruel events, manifestations. The scientific article reveals the concepts, features and main issues related to the causes of the emergence and development of extremism and terrorism in Russia.
Keywords: extremism, terrorism, modernity, state, emergence, development.
Work bibliographic list
1. Shalagin A. E., Grebenkin M. Yu. Counteraction to extremism and terrorism: history and modernity // Uchenye zapiski Kazanskogo juridical institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3. – P. 5-7.
2. Ilyichev I. E. Extremism and terrorism: the relationship between concepts, origins and modernity // Bulletin of the Belarusian Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – P. 4-6.
3. Kaftan VV Counterterrorism: textbook for undergraduate and graduate students. – 2nd ed., Rev. and additional – M .: Yurayt Publishing House, 2019. – P. 76.
4. Police law: reader / Comp. P. V. Anisimov, V. D. Simukhin; under total ed. F. M. Rudinsky. – Volgograd, 2001. – P. 17.
5. Pinkevich T. V., Zubalova O. A. The current state of extremism and terrorism in the context of the development of digital technologies. – 2020. – No. 3 (94). – S. 62-65.
SAFETY AND LAW
KASHIRGOV Astemir Khasanovich
lecturer of Organization of law enforcement sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
CHARACTERISTICS OF EXTREMISM AMONG YOUNG PEOPLE AND ITS PREVENTION IN AN EDUCATIONAL ORGANIZATION
The article analyzes the existing problems of the spread of extremist views in the youth community. Based on the conducted research, the author comes to the conclusion that modern youth extremism is characterized by natural features inherent in youth representatives (features of psycho-emotional development, maximalism, the desire to resist public views, etc.), but at the same time, its transformation into specific forms of manifestation is of fundamental importance to the processes taking place in Russian society and the state. Educational organizations of all levels are singled out as the most promising subject of the prevention of youth extremism, where the main process of formation and development of the personality of representatives of the younger generation takes place. Attention is focused on preventing unpunished manifestations of extremism in youth collectives formed in educational organizations.
Keywords: extremism, youth extremism, the fight against the spread of illegal views in the youth community, prevention of illegal behavior.
Work bibliographic list
1. Batyukova E.V. On the issue of countering youth extremism in Russia // Law and Law. 2022. No. 2. S. 129-131.
2. Budanov S.A., Kolesnikov R.V. Youth extremism: features of the structure of the personality of the criminal // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2022. No. 1. S. 139-145.
SAFETY AND LAW
MAGOMEDOV Murad Nasrullaevich
senior 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, lieutenant colonel of police
THE NATURE AND VARIABILITY OF MODERN TERRORISM
The evolution of mankind has always been influenced by fundamental changes not only in political and economic relations, but also in the social structure and social relations, leading to the formation and development of new public organizations and associations, as well as the emergence of various communities and subcultures, to which terrorism belongs, which, as the phenomenon is rooted in antiquity – in the first centuries of our era. It was resorted to as one of the radical ways of expressing dissatisfaction with a group of people against the ruling elite of the state, as wellas the response of people to various kinds of political, economic and social changes. In fact, the emergence of terrorism in the ancient world was mainly due to the manifestation of dissatisfaction of certain groups of people towards the ruling dynasty. Terrorism at the present stage, like many phenomena of the surrounding reality, has been transformed and modified, its nature, variability and factors contributing to its planting and expansion have also undergone changes. Analyzing terrorism of modern times, one can the nature of its occurrence, see which is not typical for terrorism of previous eras. As such, the following are distinguished: political, socio-economic, economic, religious, spiritual.
Keywords: terrorism, Wahhabism, Taliban, nature of origin, political factors, socio-economic factors, economic factors, religious factors, spiritual factors, opposition.
Work bibliographic list
1. Abazov A. B. Public danger of terrorism in the Russian Federation // International criminal law and international justice. – 2018. – No. 1. – S. 11-12.
2. Bayanova P. A. History and causes of terrorism // Young scientist. – 2016. – No. 5 (109). – S. 569-571.
3. Dzhakhbarov Yu. A. Socio-economic prerequisites for the emergence of terrorism in the North Caucasus // In the collection: Mathematical methods and models in management, economics and sociology. Collection of scientific papers. Managing editors O. M. Barbakov, Yu. A. Zobnin. – Tyumen, 2019. – S. 104-108.
4. Galiullina E. R., Moskvina S. V. The concept and causes of terrorism in modern Russia // In the collection: Actual problems of jurisprudence in modern Russia. Collection of articles based on materials of the VI All-Russian Scientific and Practical Conference. – 2016. – S. 286-288.
5. Gedgafov M. M. Extremism and terrorism as a threat to modern society // Journal of Applied Research. – 2022. – T. 1. – No. 2. – S. 69-72.
6. Korkmazov A. V., Bozieva Yu. G. Dominant factors inspiring the spread of the ideology of terrorism among the youth: problems and ways of localization // Gaps in Russian legislation. – 2021. – T. 14. – No. 3. – S. 51-55.
7. Levashova O. V. Modern problems of terrorism // In the collection: The modern economy of Russia: achievements, current problems and development prospects. Collection of materials of the All-Russian scientific conference dedicated to the memory of Professor N. G. Nechaev. – 2019. – S. 300-302.
8. Yarmonova E. N., Sokolova T. G. Prerequisites and factors for the emergence of terrorism // In the collection: Modernization of social sciences in the era of global change: economic, social, philosophical, political, legal, general scientific aspects. Materials of the international scientific-practical conference: in 3 parts. – 2017. – S. 129-131.
SAFETY AND LAW
PKHITIKOV Ruslan Batyrovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
GUTAEV Alim Magomedovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE BASIS FOR THE APPEARANCE OF A LEGAL BAN ON DRIVING A VEHICLE WHILE INTOXICATED
Administrative offenses related to driving while intoxicated cannot currently be detected by means of photo and video recording, which is why, despite the general trend towards an increase in the number of traffic violations detected due to the introduction of such means, the tendency to reduce the number of detections is of particular concern. Administrative offenses related to driving a vehicle while intoxicated, and an increase in the number of accidents related to driving a vehicle by drivers who are intoxicated.
Keywords: prohibition, vehicle detention, state of intoxication, harm to health, administrative offense
Work bibliographic list
1. Kosyrev E. V. Methods for detecting drunk drivers // Law: history, theory, practice: materials of the V Intern. scientific conf. (St. Petersburg, July 2017). – St. Petersburg, 2017. – S. 12-17.
2. Barinskaya T. O., Burtsev A. A., Smirnov A. V., Petukhov A. E. History of examination for the state of alcoholic intoxication // Sechenovskiy Bulletin. – 2011. – No. 3-4 (6). – S. 41-53.
3. Khametdinova G. F. Tactics of identifying persons driving vehicles while intoxicated // X international scientific and practical conference “Management of activities to ensure road safety. – Orel, 2016. – S. 399-403.
4. Yakimov A. Yu. The state of intoxication as an obligatory sign of administrative offenses (comparative legal analysis) // Administrative law and process. – 2014. – No. 10. – S. 44-50.
5. Kostylev A. N. Administrative responsibility for offenses in the field of traffic associated with the state of intoxication of its participants: dis. … cand. legal Sciences. – Tyumen, 1998. – S. 115-116.
6. Zhdanov N. M., Solovey Yu. P. Administrative and legal fight against drunkenness and alcoholism: textbook. Benefit. – Omsk: GSOM of the Ministry of Internal Affairs of the USSR, 1987. – P. 33.
7. Decree of the Government of the Russian Federation of October 23, 1993 No. 1090 (as amended on October 26, 2017) “On the Rules of the Road”. [Electronic resource]. – Access mode: http://www.consultant.ru.
8. Federal Law of December 10, 1995 No. 196-FZ “On Road Safety”. [Electronic resource]. – Access mode: http://www.consultant.ru.
9. Decree of the Government of the Russian Federation of June 30, 1998 No. 681 “On Approval of the List of Narcotic Drugs, Psychotropic Substances and Their Precursors Subject to Control in the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru.
10. Ivanova OA Administrative responsibility of road users for offenses committed while intoxicated. Abstract dis. … cand. legal Sciences. – Omsk, 2004. – P. 13.
SAFETY AND LAW
TAMBIEV Sergey Arsenovich
lecturer of Special technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
ACTIVITIES OF LAW ENFORCEMENT AGENCIES TO IDENTIFY EXTREMIST CONTENT ON THE INTERNET
The article considers the possibilities of operational-search monitoring carried out by law enforcement officers in matters of identifying extremist materials on the Internet. To date, the capabilities of the global network are actively used by adherents of extremist ideology. People who propagate extremist ideology on the Internet are most often adherents of a certain subculture and demonstrate a special manner of communication. Most of them have high technical and psychological training, which makes it possible to influence a wide audience of users, as well as to be aware of the forms and methods of operational work. Among the most promising areas of countering the spread of extremist ideology on the Internet, law enforcement officers note the monitoring method, which allows the collection and processing of operationally significant content posted on Internet resources. It is the monitoring of open and conspiratorial network resources with extremist content, according to experts, that will make it possible to detect “traces” of the preparation of crimes at an early stage.
Keywords: extremist content, extremist activity, investigative monitoring, law enforcement, operational polling, traffic interception, use of special software, research of digital materials, obtaining computer information, constitutional rights of the individual.
Work bibliographic list
1. Gorbunov A. N. Operational-search measures to detect extremist crimes on the Internet // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (54). – S. 81-84.
2. Krasinsky VV Guidelines for the detection of extremist (terrorist) materials on the Internet / Counteraction to modern extremism and terrorism. – M.: UNITY-DANA: Law and Law, 2019. – S. 84-85.
3. Krasinsky V. V. Methods of work in social networks to identify extremist and other illegal content // Modern law. – 2020. – No. 2. – P. 65-69.
4. Senkina D. A. Peculiarities of detecting, investigating and suppressing extremist crimes committed using the Internet // Synergy of Sciences. – 2018. – No. 24. – P. 1117-1129.
5. Khacheritlov M. Zh., Khachidogov R. A. Ultra-right extremist communities in social networks: problems of detection and countermeasures // Journal of Applied Research. – 2022. – No. 4-1. – S. 85-88.
6. Churilov S. A., Bykadorova A. S. On improving measures for information counteraction to terrorism on the Internet // In the collection: Countering the ideology of extremism and terrorism in the youth environment (domestic and foreign experience). Materials of the interregional scientific-practical conference with international participation. Editorial and publishing group: O. V. Lokota (head), S. A. Vorontsov (deputy head). – 2017. – S. 195-198.
7. Sharnin M. M., Khakimova A. Kh., Rodina I. V., Maravin A. A., Gurov A. S. Unified automated technology for detecting and analyzing extremist content on the Internet // In the collection: SCVRT2018 International Scientific Conference Moscow Institute of Physics and Technology (State University) Institute of Physics and Technology Informatics. Proceedings of the International Scientific Conference. – 2018. – S. 49-58.
SAFETY AND LAW
TROFIMTSEVA Svetlana Yurjevna
Ph.D. in science philosophicals, associate professor of Security and information technologies sub-faculty of the National Research University Moscow Power Engineering Institute
PROCESSING OF PERSONAL INFORMATION BY CYBER-PHYSICAL SYSTEMS: SOME LEGAL ASPECTS
The article analyzes the legal problems associated with the receipt and use of personal data by cyber-physical systems. The question is raised about the correlation of the received data with the existing legal categories of “personal data” and “secret of private life”.
Keywords: personal information, personal secret, privacy, personal data, cyber-physical systems.
Work bibliographic list
1. The Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993 (as amended on July 1, 2020). [Electronic resource]. Access mode: http://ivo.garant.ru/#/document/10103000/paragraph/316:0, free (date of access: 04/04/2022).
2. CE Convention “On the Protection of Individuals with regard to Automatic Processing of Personal Data”. Concluded in Strasbourg on January 28, 1981 (translated from English). [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=LAW&n=121499&fld=134&dst=1000000001.0&rnd=0.37391743091118834#08576973199575764, free (date of access: 08/16/2022).
3. Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996 (as amended on April 5, 2021, as amended on April 8, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 08/30/2021).
4. Federal Law of the Russian Federation “On Personal Data” dated July 24, 2006 No. 152-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?from=286959-0&req=doc&rnd=Oz8Lvw&base=LAW&n=389193#LffGgETaD46ujJ4i (date of access: 08/16/2022).
5. Decree of the Government of the Russian Federation “On approval of the requirements for the protection of personal data during their processing in personal data information systems” dated 01.12.2012 No. 1119. [Electronic resource]. – Access mode: http://archive.government.ru/gov/results/21355/, free (date of access: 12/11/2021).
6. Determination of the Constitutional Court of the Russian Federation “On the refusal to accept for consideration the complaint of citizens Zakharkin Valery Alekseevich and Zakharkina Irina Nikolaevna on violation of their constitutional rights by paragraph “b” of part three of Article 125 and part three of Article 127 of the Penal Code of the Russian Federation” dated 09.06. 2005 No. 248-O. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_54736/, limited (date of access: 05/09/2017).
7. Criminal law of the Russian Federation: textbook / Ed. L. V. Yogamova-Khegai, A. I. Raroga, A. I. Chuchaeva. – M.: Ed. house “Infra-M”, 2008. – 795 p.
8. Comments on the Criminal Code of the Russian Federation / Ed. ed. Yu. I. Skuratova, V. M. Lebedeva. – M: Ed. group “Infra-M – Norma”, 1996. – 832 p.
9. Smyshlyaeva A. A., Reznikova K. M., Savchenko D. V. Modern technologies in Industry 4.0 – cyber-physical systems // Waste and Resources Internet Journal. – 2020. – No. 3. [Electronic resource]. – Access mode: https://resources.today/PDF/02INOR320.pdf, free (date of access: 04/04/2022).
SAFETY AND 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
ON THE QUESTION OF THE CONCEPT AND SOME ASPECTS OF THE FIGHT AGAINST TERRORISM
The main problem of our time is that despite the development of the whole world and countries in particular, terrorism and terrorist manifestations still exist, and people in the modern world are faced with their many varieties. At the same time, the very problem of the implementation of terrorism concerns absolutely everyone, leads to irreparable consequences for humanity, therefore, a complete modernization of society is required. Based on the relevance, the scientific article is dedicated to the concept, features, main features and some aspects of the fight against terrorism.
Keywords: terrorism, concept, types, features, main features, struggle, counteraction, prevention
Work bibliographic list
1. On combating terrorism: Federal Law No. 35-FZ of 06.03.2006 // Access from the ConsultantPlus legal system.
2. Apetik E.N. Terrorism: concept and essence // Postulate. 2019. No. 2 (40). S. 12.
3. Bugaev R.A., Ivanova S.I. Terrorism: to the definition of the concept // State and Society in Modern Politics: Collection of Scientific Articles of the Materials of the 6th International Scientific and Practical Conference. Voronezh branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation. 2019. S. 42.
4. Modern political extremism: concept, origins, causes, ideology, problems, organization, practice, prevention and counteraction / Ruk. ed. coll. Dibirov A.N.Z., Safaraliev G.K. Monograph // Federal Agency for Education. Dagestan State University. Dagestan Institute of Economics and Politics. M.: ROSPEN, 2012. S. 918.
SAFETY AND LAW
MIZHAREVA Natalya Vladimirovna
Ph.D. in Law, lecturer of Transport safety sub-faculty of the St. Petersburg University of the MIA of Russia
VIRTUAL SIMULATION OF TRAFFIC SITUATIONS AS A TECHNOLOGY AND MEANS OF TRANSPORT SAFETY IN THE CONTEXT OF TRAINING AND RETRAINING OF VEHICLE DRIVERS
On the basis of statistical data and analysis of the regulatory framework, the article substantiates the need to improve the system of education and professional training of drivers of vehicles.
Proposals have been formulated to amend the normative-legal acts of the Russian Federation, in particular the introduction of virtual simulation of out-of-the-ordinary traffic situations as a separate block of the educational program for the training of drivers of all categories.
The issues of coordination of activities of state authorities of all levels in the field of road safety are also considered.
Keywords: Russian Federation, vehicle, traffic, transportation safety, virtual simulation, vocational training, driver, traffic accident, programming, licensing.
Work bibliographic list
1. Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” // Collection of Legislation of the Russian Federation of December 11, 1995 – No. 50. – Art. 4873.
2. Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” // Collection of Legislation of the Russian Federation of December 31, 2012 No. 53 (Part I). – Art. 7598.
3. Decree of the Government of the Russian Federation of September 18, 2020 No. 1490 “On licensing educational activities” // Collection of Legislation of the Russian Federation of September 28, 2020 – No. 39. – Art. 6067.
4. Rules for the development of exemplary training programs for drivers of vehicles of the relevant categories and subcategories, approved by the Decree of the Government of the Russian Federation of November 1, 2013 No. 980 // Collection of Legislation of the Russian Federation. – 2013. – No. 45. – Art. 5816; 2018. – No. 52. – Art. 8305.
5. Regulations on the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, approved by Decree of the President of the Russian Federation dated June 15, 1998 No. 711 “On additional measures to ensure road safety” // Collection of Legislation of the Russian Federation. – 1998. – No. 25.
6. Order of the Ministry of Education of Russia dated 08.11.2021 No. 808 “On Approval of Exemplary Vocational Training Programs for Drivers of Vehicles of the Relevant Categories and Subcategories” // Information and Legal Portal “Garant.ru”. – [Electronic resource]. – Access mode: https://base.garant.ru/403184430/ (date of access: 07/15/2022).
7. Letter of the Ministry of Internal Affairs of Russia dated May 19, 2022 No. 13/6-P-4450 “On the coordination of vocational training programs for vehicle drivers” // Laws, codes and regulatory legal acts of the Russian Federation. – [Electronic resource]. – Access mode: https://legalacts.ru/doc/pismo-mvd-rossii-ot-19052022-n-136-p-4450-o-soglasovanii/ (date of access: 07/15/2022).
8. Mizhareva N. V. Constitutional and legal framework for the interaction of legislative (representative) bodies of state power of the constituent entities of the Russian Federation and representative bodies of municipalities in the field of regional lawmaking. – Cheboksary: Publishing House “Sreda”, 2022. – S. 69-71.
9. Naumov B. A., Naumov A. B. Textbook on the rules and road safety – St. Petersburg: North-Western Printing Yard LLC, 2004. – P. 188.
10. Sergeeva O. Yu., Mizhareva N. V. State regulation of the Russian IT industry in the digital economy // Eurasian Law Journal. – 2022. – No. 3 (166). – S. 479-480. – p.l .; in the section: Economics. Right.
11. Fokina N. A., Shcheglov A. A., Dudkin Yu. A. Experience of using simulation technologies in the training of vehicle drivers in the universities of the Ministry of Internal Affairs of Russia // In the collection: Actual problems of fire, tactical-special and professional-applied physical training . Digest of articles. Managing editor Yu. A. Matveychev. – 2016. – S. 115-121.
SAFETY AND LAW
GOLYANDIN Nikolay Petrovich
Ph.D. in Law, professor of Special disciplines sub-faculty of the North-Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia
ESHEROV Aubekir Gazrailjevich
Deputy Chief of police, GU Head of the Center of the Main Directorate of the MIA of Russia for the North Caucasus Federal District, colonel of police
SHERIEV Alberd Malylevich
Ph.D. in Law, lecturer of Special disciplines sub-faculty of the North-Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia
CURRENT AREAS OF ACTIVITY TO COUNTER EXTREMISM AND TERRORISM IN THE NORTH CAUCASUS REGION
The article analyzes the operational situation, social and political processes taking place in the North Caucasus region. Based on the analysis, the authors make proposals for improving measures to counter the spread of extremist ideology and terrorist activities.
Keywords: operational situation, extremism, terrorism, Internet, action, protest, unrest, counteraction.
Work bibliographic list
1. North Caucasian Federal District. Socio-economic situation. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/508.
2. On the state program of the Republic of North Ossetia-Alania “Development of interethnic relations in the Republic of North Ossetia-Alania” for 2019 – 2025: Government Decree Republic of North Ossetia-Alania dated November 27, 2018 No. 375 // Information company “Kodeks”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/550279321.
3. On the approval of the Agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic: Law of the Republic of Ingushetia dated October 04, 2018 No. 42-RZ // Information company “Kodeks”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/550204892.
4. Chechenov M. The problems we have raised require the immediate intervention of the Head of the KBR, and official public clarifications. Website of the NGO “Kabardino-Balkarian Regional Human Rights Center”. – [Electronic resource]. – Access mode: http://www.zapravakbr.com/index.php/30-uncategorised/1712-muaed-chechenov.
SAFETY AND LAW
GUTIEVA Irina Genrikhovna
Ph.D. in Law, Deputy Head 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
TO THE QUESTION OF LEGAL NIHILISM AS A REASON FOR COMMITTING EXTREMIST CRIMES
The changes taking place in the country in the form of the decline of the production sector, the social stratification of society, the destruction of traditional foundations, affect the worldview and legal consciousness of people in different ways and not always positively, as evidenced by the increase in the dynamics of extremist and terrorist crime, cynical and open rejection of laws. In general, the assertion that disobedience is the result of a deformed sense of justice and a lack of legal culture will not be new. A scientific article is devoted to such a phenomenon as legal nihilism, its features and characteristics.
Keywords: legal nihilism, signs, legal cynicism, propaganda, crimes, extremism, sense of justice.
Work bibliographic list
1. The Constitution of the Russian Federation: (adopted by popular vote on December 12, 1993 with changes approved during the all-Russian vote on July 1, 2020) // Rossiyskaya Gazeta. – July 4, 2020. – No. 144.
2. Kucheryavy M. M. Analysis of the conceptual foundations of national security policy // Central Russian Bulletin of Social Sciences. – 2014. – No. 2. – P. 109-116.
3. Utarbekov Sh. G. Legal nihilism and its overcoming: an analytical review of approaches to understanding // Law and order: history, theory, practice. – 2019. – No. 1 (20). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoy-nigilizm-i-ego-preodolenie-analiticheskiy-obzor-podhodov-k-ponimaniyu (date of access: 08.08.2022).
4. Boltenkova L. F., Vlasov V. I. Extremism: theory, legislation, counteraction practice. Teaching aid. – M., 2014. – S. 66.
PEDAGOGY AND LAW
SHKRYABINA Anna Evgenjevna
Ph.D. in economical sciences, associate professor of Economics sub-faculty of the Saratov State Law Academy
BOYARSKAYA Yuliya Nikolaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Saratov State Law Academy
KOMBAROVA Elena Valerjevna
Ph.D. in Law, associate Professor of Professor Isaak Efimovich Farber Constitutional law sub-faculty of the Saratov State Law Academy
SCHERBAKOVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor of legal psychology, forensic science and pedagogy sub-faculty of the Saratov State Law Academy
SELF-EXAMINATION PROCEDURE OF AN EDUCATIONAL ORGANIZATION IN THE CONTEXT OF DIGITAL TRANSFORMATION OF THE EDUCATIONAL PROCESS: MAIN DIRECTIONS FOR IMPROVEMENT
The state policy in the field of education is aimed at improving its quality, relevance and competitiveness of graduates of educational organizations in the labor market. Self-examination of an educational organization involves the organization of an intra-university assessment, the development of a system for ensuring the quality of higher education, the implementation of the principles of information openness and transparency in educational organizations. The development of the self-examination procedure in the context of digital transformation requires automation of the process, a shift in priorities from the preparation of reports and documents for controlling structures to an objective self-assessment of all aspects of the activities of an educational organization . Methodological basis: There were used two approaches as the main ones: a one systematic, involving a thorough and comprehensive analysis of legal regulation, scientific research on the self-examination procedure, and a strategic one, aimed at identifying the main areas of improvement in the context of the digital transformation of the educational process. Results: the main targets for the development of education and directions for improving the self-examination procedure were formulated in order to optimize processes and improve the quality of graduate training.
Keywords: self-examination, educational organization, quality assessment, education management.
Work bibliographic list
1. Anokhova E. V., Shtykhno D. A. Scientific Educational collaborations as a tool to improve the competitiveness of Russian universities // Problems of education. – 2021. – No. 2. – P. 4-14.
2. Krasavina E. A. Self-examination of the university as an element of a comprehensive assessment of activities by the state // The quality of education as a characteristic of educational activities: Materials of the reports of the correspondence scientific and practical conference, Tver, October 30, 2014 / Editorial board: candidate of technical sciences, director of the Center quality management and technology transfer TvSTU, associate professor of the Department of PSC Petropavlovskaya V. B. (responsible editor); specialist of the CMC Krasavina E. A. (executive secretary), Tyanina A. A. – Tver: Tver State Technical University, 2015. – P. 44-48.
3. Kutkina O. P. Evaluation of the quality of education and university rating: conjugation points // Uchenye zapiski (Altai State Academy of Culture and Arts). – 2021. – No. 4 (30). – S. 64-72.
4. Nechaev M. P., Fadeeva E. I. Self-examination of an educational organization – a resource for the development of a predictive function of management. – Moscow: UTs “Perspektiva”, 2014. – 210 p.
5. Nikolaeva A. D., Alekseeva I. S. Self-examination as a key direction of state accreditation of a university // Modern problems of science and education. – 2014. – No. 6. – P. 904.
6. Okunkova E. A. Innovative tools for managing the development of an educational organization: benchmarking // Vestnik REA im. G. V. Plekhanov. – 2020. – No. 6 (114). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-instrumenty-upravleniya-razvitiem-obrazovatelnoy-organizatsii-benchmarking (date of access: 05/30/2022).
7. Shchekleina S. N. Self-examination of an educational organization: purpose and application // Education in the Kirov region. – 2014. – No. 4 (32). – S. 59-62.
8. Shcherbakova O. V., Boyarskaya Yu. N., Kombarova E. V., Spesivov N. V., Shkryabina A. E. The procedure for filling, recording and issuing documents on the formation of qualifications (qualifications) in the context of digital transformation and integration educational space: legal regulation and main directions of improvement // Bulletin of the Saratov State Law Academy. – 2021. – No. 6 (143). – S. 126-135.
PEDAGOGY AND LAW
SUKHORUKOV Vladimir Anatoljevich
Ph.D. in pedagogical sciences, senior lecturer of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
CONTRADICTIONS OF THE MODERN SYSTEM OF EDUCATIONAL WORK IN THE INTERNAL AFFAIRS BODIES
The article deals with the problem to form and develop a system of educational work in the internal affairs bodies in the post-Soviet period. The result of laborious task on the comprehensive reform of the state personnel policy was to form a system of moral and psychological support for the activities of the internal affairs bodies. While forming this system, some contradictions to prevent the full implementation of the reform of the educational work system developed by the Ministry of Internal Affairs of Russia appeared. In order to improve it, it is proposed to use the experience of re-establishing military-political bodies and institution of political workers in the Armed Forces of the Russian Federation.
Keywords: deputy head for personnel and educational work, moral and psychological support of the internal affairs bodies activities, contradictions, educational work, (the) strengthening of discipline and legality, ideological education, deputy head for work with personnel, pedagogical education, military political 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]. [Electronic resource]. – Access mode: ATP “ConsultantPlus”.
2. Issues of organizing the moral and psychological support of the activities of the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated December 25, 2020 No. 900. [Electronic resource]. – Access mode: ATP “ConsultantPlus”.
3. On measures to improve the organization of the work of city, regional internal affairs bodies and linear internal affairs bodies in transport: order of the Ministry of Internal Affairs of the Russian Federation of September 14, 1993 No. 420. [Electronic resource]. – Access mode: ATP “ConsultantPlus”.
PEDAGOGY AND LAW
CHEREZOVA Mariya Alexandrovna
Ph.D. in philological sciences, associate professor, Deputy Chief of Philosophy and general humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KEROPYAN Manushak Oganesovna
cadet of the Samara Law Institute of the FPS of Russia
THE CONCEPT AND CONTENT OF THE EDUCATIONAL PROCESS IN A JUVENILE CORRECTIONAL FACILITY ABROAD
The article deals with a research of the concept and content of foreign educational experience for younger offenders. The object of the research is the social relations in the process of education for this category of persons.
Keywords: younger offenders, education, detention in a correctional institution.
Work bibliographic list
1. Convention on Rights child (New York, November 20, 1989). [Electronic resource]. – Access mode: https://base.garant.ru/2540422/ (date of access: 05/12/2022).
2. An Act to provide comprehensively for the laws concerning children who commit, or who are alleged to have committed, offences and for related purposes (Reprint current from 1 May 2022). [Electronic resource]. – Access mode: https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-044 (accessed: 05/12/2022).
3. Bullis M., Yovanoff P., Havel E. The Importance of Getting Started Right: Further Examination of the Facilty-to-Community Transition of Formerly Incarcerated Youth // The Journal of Special Education. ‒ 2004. ‒ Vol. 38. – P. 80-94.
4. Child Protection Act 1999 (Reprint current from 29 November 2021). [Electronic resource]. – Access mode: https://www.legislation.qld.gov.au/view/html/inforce/current/act-1999-010 (accessed: 05/12/2022).
5. Children’s Court Act 1992 (Reprint current from 5 July 2021). [Electronic resource]. – Access mode: https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-041#frnt-lt (accessed: 05/12/2022).
6. Criminal Code Act 1899 (Reprint current from 10 June 2022). [Electronic resource]. – Access mode: https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009 (accessed: 05/12/2022).
7. Gilbert J., Grimm R., Parnham J. Applying Therapeutic Principles to a Family-Focused Juvenile Justice Model (Delinquency)) //Alabama Law Review. ‒ 2001. ‒ Vol. 52. – P. 1153-1156.
8. Hammer J. M. Y., Heaston C., Walsh D. N. Denying Child Welfare Services to Delinquent Teens: A Call to Return to the Roots of Illinois’ Juvenile Court // Loyola University of Chicago Law Journal. ‒ 2005. ‒ Vol. 36. – P. 925-928.
9. Police Powers and Responsibilities Act 2000 (Reprint current from 25 March 2022). [Electronic resource]. – Access mode: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2000-005 (accessed: 05/12/2022).
10. Twomey K. The Right to Education in Juvenile Detention Under State Constitutions // Virginia Law Review. ‒ 2008. ‒ Vol. 94. – P. 765-811.
11. Yell M. L., Rogers D., Rogers E. L. The Legal History of Special Education: What a Long, Strange Trip It’s Been // Remedial and Special Education. – 1998. – Vol. 19. – P. 219-228.
12. Your child’s rights in detention. [Electronic resource]. – Access mode: https://www.qld.gov.au/law/sentencing-prisons-and-probation/young-offenders-and-the-justice-system/youth-detention/your-childs-rights-in- detention(accessed: 05/12/2022).
13. Youth Justice and Other Legislation (Inclusion of 17-year-old Persons). [Electronic resource]. – Access mode: https://www.legislation.qld.gov.au/view/html/asmade/act-2016-058 (accessed: 05/12/2022).
PEDAGOGY AND LAW
SHKODYREV Vyacheslav Petrovich
Ph.D. in technical sciences, professor, Director of the Higher School of Cyberphysical Systems and Management of Peter the Great St. Petersburg Polytechnic University
Kuprikov Nikita Mikhaylovich
Ph.D. in technical sciences, associate professor of the Higher School of Cyberphysical Systems and Management of Peter the Great St. Petersburg Polytechnic University, Senior Researcher at the Institute of 9 MAI (NRU)
BASHKIROVA Elena Alekseevna
assistant of the Higher School of Cyberphysical Systems and Management of Peter the Great St. Petersburg Polytechnic University
DEVELOPMENT OF NEW STANDARDS IN THE FIELD OF ARTIFICIAL INTELLIGENCE FOR USE IN THE MODERN EDUCATIONAL PROCESS
Increasing the amount and volume of transmitted information, information flows and data required for analysis and decision-making requires the use of artificial intelligence technologies. The field of education also does not stand still and the introduction of digitalization into the educational process at all its stages entails the use of artificial intelligence technologies. This is due to the improvement of the educational process and the spread of software platforms based on big data and neural learning. The standard in the field of artificial intelligence is very important due to the wide distribution and implementation of artificial intelligence products in various fields. The spread of artificial intelligence implies the formation of a security system for its distribution and use.
Keywords: artificial intelligence, education, standard, terminology, artificial intelligence technologies.
Work bibliographic list
1. GOST R 59895-2021 “Artificial intelligence technologies in education. General provisions and terminology»
2. Standards in the field of artificial intelligence will appear in Russia. [Electronic resource]. – Access mode: https://www.economy.gov.ru/material/news/v_rossii_poyavyatsya_standardy_v_oblasti_iskusstvennogo_intellekta.html (date of access: 04/12/2022).
3. Artificial intelligence in education: prospects for application in Russia. [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/education/5d6beaea9a7947a1c1fe9152 (date of access: 05/22/2022).
4. Bryzgalina E. V. Artificial intelligence in the form calling. Analysis of the goals of implementation // Man. – 2021. – T. 32. – No. 2. – P. 9-29. DOI 10.31857/S023620070014856-8. – EDN KNCXEG.
5. Kuprikov N. M., Bashkirova E. A. Issues of standardization in the field of artificial intelligence // Competence. – 2022. – No. 3. – P. 14-18. DOI 10.24412/1993-8780-2022-3-14-18. – EDN AOOGRP.
6. Kuprikov N. M. Artificial intelligence as an object of standardization // Eurasian Law Journal. – 2021. – No. 10. – P. 498-499. – EDN KCWQUY.
7. Podufalov N. D. On the problems of development and application of digital and network technologies in education // Pedagogy. – 2022. – T. 86. – No. 3. – S. 17-32. – EDN VIUWYU.
PEDAGOGY AND LAW
YAKOVLEV Nikolay Mikhaylovich
Ph.D. in Law, associate professor of the M. K. Ammosov North-Eastern Federal University, the Honored Lawyer of the Russian Federation, veteran of the Prosecutor’s Office of the Russian Federation
TEACHING STUDENTS AT A LAW SCHOOL THE SKILLS OF DISSEMINATING OF OBJECTIVE INFORMATION ABOUT THE HUMAN RIGHTS SIGNIFICANCE OF THE NUREMBERG TRIBUNAL VERDICT
This article explores topical issues of acquiring the necessary knowledge by future lawyers about the global human rights significance of the International Criminal Tribunal.
The activity of the Chief Prosecutor from the USSR R.A. Rudenko at the Peoples’ Court is briefly and intelligibly unfolded in the article and the first legal experience of conviction of the main Nazi criminals.
It is raised a problematic issues aimed at the formation of students’ ability to counteract the distortion of the historical truth about the Great Victory of the Soviet people over Nazi Germany.
Keywords: Human Rights significance of the International Criminal Tribunal. Protection of the historical truth about the Great Victory of the Soviet people.
Work bibliographic list
1. Yakovlev N.M., Sleptsov A.N., Pavlova A.A. Textbook “The Chief Prosecutor from the USSR at the Nuremberg Criminal Tribunal and the international legal significance of the verdict of the Court of Peoples.” – Kazan. Publishing House “Buk”, 2020. – 262 p.
2. A. Zvyagintsev. Rudenko. Lives of Remarkable People: A Series of Biographies. Issue 1295. – M .: “Young Guard”, 2008. – S. 96-97.
3. See Rudenko R.A. Judicial speeches and speeches / Ed. A.M. Rekunkov. – M.: Yurid. lit., 1087. S. 89-156.
4. A.G. Zvyagintsev “The main process of mankind”. “Nuremberg alarm. Reporting from the past. Appeal to the future “- M .: Olma Media Group, 2015. – S. 563-565
PSYCHOLOGY AND LAW
SOCHIVKO Olga Ivanovna
Ph.D. in science psychologicals, lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia in Novokuznetsk, major of internal service
PLOTKIN Dmitry Matveevich
Ph.D. in Law, Retired Investigator on particularly important cases, Honorary Worker of the Prosecutor’s Office of the Russian Federation, Senior Advisor to Justice, Member of the Union of Writers of Russia
MISNIK Irina Vladislavovna
Ph.D. in Law, associate professor, Head of Criminal process sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, colonel of police
APPLICATION OF THE PSYCHOLOGICAL PORTRAIT OF PERSONALITY CRIMINAL IN THE INVESTIGATION OF SERIAL MURDERS
The article discusses the application of the psychological portrait of the personality of the criminal during the investigation of serial murders committed in the city of Ryazan and the Ryazan region. The authors give examples of committed murders that were disclosed with the help of a psychological portrait of a person. The authors actualize the importance of applying the psychological portrait of a person in the course of revealing serial murders, expresses an opinion on the need to improve the theory, methodology and practice of investigating serial intentional killings, taking into account the application of the psychological portrait of the criminal. It is indicated that it is appropriate to return to the practice of permanent investigative and operational groups for the investigation of intentional murders, the interaction of investigators and operational workers in this direction of the work of permanent investigation many years ago, who together must solve the problems of the investigation of the criminal using a psychological portrait to expose serial murderers, which will certainly affect the effectiveness of the disclosure and investigation of cases of this category.
Keywords: psychological portrait, the personality of the criminal, investigation, serial murders.
Work bibliographic list
1. Bukhanovsky A. O., Bukhanovskaya O. A. Mental disorders in serial sex offenders: analyte. review. Rostov n/D, 2003. 42 p.
2. Sochivko D. V., Burtsev A. O., Sochivko O. I. Psychodynamics of gender characteristics of personality disorders and psychopathic behavior in a criminal environment: monograph. M.: Higher. school Psychology (Institute), 2020. 172 p.
3. Sochivko DV Criminal-legal infantilism: monograph. M.; Ryazan, 2015. 136 p.
4. Penitentiary clinical psychology: textbook. allowance / Ed. D. V. Sochivkabout. M.: UNITY-DANA, 2020. 175 p.
5. Pishchelko A. V., Sochivko D. V. Readaptation and resocialization / Ed. ed. Yu. I. Kalinina. Moscow: Per Se, 2003. 208 p.
6. Sochivko DV Psychodynamics. Moscow: Per Se, 2003. 256 p.
7. Sochivko D.V. Color psychodynamics. M.: MPSI, 2009. 432 p.
8. Sochivko D. V., Shchelkushkina E. A. Female killers: a comparative functional-psychodynamic study of personality: monograph. M.; Ryazan, 2016. 151 p.
9. Sochivko DV Existential psychodynamics. M.; Ryazan: Higher School of Psychology, 2020. 225 p.
10. Sochivko DV Crime and punishment from “A” to “I” / Ed. ed. D. V. SOCIVKO. M.: MPSI, 2009. 456 p.
SOCIOLOGY AND LAW
SHATSKAYA Ekaterina Alexandrovna
Ph.D. in sociological sciences, associate professor of Philosophy and social and humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
SOCIAL PORTRAIT OF POLICE OFFICERS IN THE CONTEXT OF SOCIAL WELL-BEING IN THE SERVICE
The article examines the social well-being of police officers as a basic element of a social portrait. The author assumes that the social well-being of a particular person depends on the level of psycho-emotional comfort of the internal state. An individual-personal approach to solving emerging contradictions largely determines behavioral reactions to events.
Keywords: police officer, social portrait, social well-being, psycho-emotional comfort, satisfaction with service.
Work bibliographic list
1. Kashkina L. V. Social well-being of the population in the monotown of the Arctic region of the Russian Federation (according to the results of sociological research in the city of Novodvinsk) // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series: Social Sciences. – 2017. – No. 3 (47). – S. 133-136.
2. Kornilova M. V. Social well-being: concept and main indicators // Eurasian Scientific Association. – 2015. – T. 3. – No. 3 (3). – S. 135-137.
3. Osinsky I. I., Butueva Z. A. Social well-being: the concept, formation factors and measurement indicators // Bulletin of the Buryat State University. – 2015. – No. 14. – P. 38-45.
ECONOMY. RIGHT. SOCIETY
VASILJEVA Elena Vasiljevna
Ph.D. in economical sciences, professor of Project and quality management sub-faculty of the Saint Petersburg State University of Economics
LUBINETSKAYA Aleksandra Sergeevna
Bachelor of Business Development in the Fashion Industry of Polymod University (Florence, Italy)
THE ARTIFICIAL INTELLEGENCE FOR QUALITY ASSURANCE IN FASHION INDUSTRY
The article discusses the trends in the development of the fashion industry in Russia and abroad. As well as the necessity of forming a culture of consumption based on recycling and resailing technologies. The article demonstrates the possibilities of using artificial intelligence products for the development of e-commerce and the improvement of the retail service in the fashion industry.
Keywords: fashion, artificial intelligence, low quality, over-consumption.
Work bibliographic list
1. Development of creative industries in Russia: key indicators Scientific digest No. 1. [Electronic resource]. – Access mode: http://www.hse.ru/data/2021/08/05/1425538563/Human%20Capital_NCMU_Digest%201_Creative%20Industries_2021.pdf (access date: 05/07/2022).
2. Vasilyeva E.V., Gunare M.L. Creative industries pilot design // SPbGEU publishing house. 2021. S. 20-22.
3. Naroyan L. Exciting opportunities: the main trends of the fashion market in 2022 [Electronic resource]. – Access mode: https://sber.pro/publication/zakhvatyvaiushchie-vozmozhnosti-glavnye-trendy-rynka-mody-v-2022-go (access date: 06/07/2022).
4. Recycling, blockchain, metaverse: what awaits the fashion industry in 2022. [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/green/61aa20e39a7947da315af729 (access date: 07/20/2022)
5. Hill, M. What Is Slow Fashion? [Electronic resource]. – Access mode: https://goodonyou.eco/what-is-slow-fashion/ ( access date: 05/28/2021)
6. McFall-Johnsen M. The fashion industry emits more carbon than international flights and maritime shipping combined. Here are the biggest ways it impacts the planet. [Electronic resource]. – Access Mode: https://www.businessinsider.com/fast-fashion-environmental-impact-pollution-emissions-waste-water-2019-10 (Accessed: 10/21/2019)
7. Jonson T. The state of fashion 22: how fashion will change next year. [Electronic resource]. – Access mode: https://beinopen.ru/article/the-state-of-fashion-2022 (access date: 07/20/2022).
8. Ward T. The Pandemic Permanently Changed Consumer Behavior. Top 3 Retail Lessons for 2022. [Electronic resource]. – Access mode: https://www.mytotalretail.com/article/the-pandemic-permanently-changed-consumer-behavior-top-3-retail-lessons-for-2022/ (accessed 02/08/2022)
9 WorldSync. 7 Trends Shaping Consumer Shopping Behavior in 2022. [Electronic resource]. – Access mode: https://1worldsync.com/resource-center/blog/7-trends-shaping-consumer-shopping-behavior-in-2022/ (accessed 01/20/2022)
10. Erdly C. What Do Consumers Want In 2022? Retail Analysts Reveal Shifting Behaviour. [Electronic resource]. – Access mode: https://www.forbes.com/sites/catherineerdly/2022/01/27/what-do-consumers-want-in-2022-retail-analysts-reveal-shifting-behaviour/?sh=1a4425e63765 (accessed 01/27/2022)
11. Baltaci D. Overconsumption in Fashion Industry. [Electronic resource]. – Access mode: https://medium.com/@didem.demirci/overconsumption-in-fashion-industry-3cd58ec84020 (accessed 12/11/2018)
ECONOMY. RIGHT. SOCIETY
ZASHCHITINA Elena Konstantinovna
Ph.D. in economical sciences, associate professor of business economics sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University
PAVLOV Pavel Vladimirovich
Ph.D. in economic 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
EVCHENKO Natalya Nikolaevna
Ph.D. in economic sciences, professor of Management Faculty of the Southern Federal University
FEATURES OF RATING APPROACHES TO ASSESSING THE COMPETITIVENESS OF UNIVERSITIES IN THE NEW REALITIES OF THE FUNCTIONING OF THE WORLD ECONOMY
This article is aimed at analyzing the main rankings used in assessing the competitiveness of universities in the world market, including such rankings as QS World University Rankings, Times Higher Education and the Shanghai Ranking. For the purpose of a more detailed study, changes in the positions of countries in these rankings from 2020 to 2022 (relative to the representation of universities in the TOP-100 of each ranking) are considered, as well as the factors that could affect this , including the overall ranking of the competitiveness of educational systems and the development hybrid education after the COVID-19 pandemic.
Keywords: university competitiveness, world economy, QS ranking, THE ranking, ARWU ranking, hybrid learning.
Work bibliographic list
1. Minko Ya. N. Analysis of existing and new practices of export of higher education // Electronic journal “Management in economic and social systems”. – 2022. – No. 3 (13). [Electronic resource]. – Access mode: http://www.journal-mes.ru.
2. Education rankings by countries. [Electronic resource]. – Access mode: https://worldpopulationreview. com/country-rankings/education-rankings-by-country (accessed 10.06.2022).
3. QS World University Rankings. [Electronic resource]. – Access mode: https://www.topuniversities.com (date of access: 06/10/2022).
4. Shanghai Ranking. [Electronic resource]. – Access mode: https://www.shanghairanking.com (date of access: 06/10/2022).
5. Times Higher education. [Electronic resource]. – Access mode: https://www.timeshighereducation.com (date of access: 06/10/2022).
ECONOMY. RIGHT. SOCIETY
NAUMOVA Tatyana Aleksandrovna
Ph.D. in economic sciences, associate professor of the Irkutsk National Research Technical University
PAVLOVA Zlata Alekseevna
magister student of the Irkutsk National Research Technical University
SEMENOV Evgeniy Yurievich
Ph.D. in economic sciences, Vice-Rector for Work with Government Agencies and Industrial Partners of the Irkutsk National Research Technical University
USING THE PRINCIPLES OF SUSTAINABLE DEVELOPMENT TO IMPROVE OPERATIONAL EFFICIENCY
The commitment of the enterprise to the principles of sustainable development contributes to the growth of economic indicators, also affects the competitive qualities of the enterprise and business reputation, which allows you to adjust the position of the company in the commodity and financial markets.
The purpose of the study was to study the principles of sustainable development of the enterprise and their impact on operating performance.
This article discusses the principles and goals of sustainable development, using the example of three oil and gas enterprises. The indicators of the operating efficiency of these enterprises from 2011 to 2020 are calculated to identify trends in the increase or decrease in these indicators. The contributions to the sustainable development goals of each company are described.
Keywords: sustainable development, principles of sustainable development, PJSC Lukoil, PJSC Rosneft, PJSC Transneft, operating efficiency, operating efficiency indicators, correlation.
Work bibliographic list
1. Bobylev S. N., Girusov E. V., Perelet R. A. Economics of sustainable development. Tutorial. – Moscow: Stupeni Publishing House, 2004. – 303 p.
2. Mirkin B. M., Naumova L. G. Sustainable development: an introductory course: textbook. allowance. – M.: Universitetskaya kniga, 2018. – 312 p.
3. Sidorov V. A., Kuznetsova E. L., Bolik A. V. General economic theory: a textbook for students of higher educational institutions. – Maykop: LLC “Elite”, 2017. – 603 p.
4. Shmeleva A. N. On the issue of assessing and managing the operational efficiency of the enterprise quality management system // Prospects of Science. – 2011. – No. 1. – C. 95-98.
ECONOMY. RIGHT. SOCIETY
SAPOZHNIKOV German Nikiforovich
Ph.D. in technical sciences, associate professor of Economics sub-faculty of the Ural Technical Institute of Communications and Informatics (branch) of the Siberian State University of Telecommunications and Informatics in Yekaterinburg
THE REASONS FOR THE “CONTAINMENT” OF THE RUSSIAN ECONOMY
The influence of some subjective factors on the growth rate of the economy has been studied. Currently, two forms of economic organization are used: state planned and free market. In some cases, these methods can complement and replace each other, so it is advisable to use them in combination, which corresponds to the logic of Hegel’s dialectic.
The financial system solves alternative tasks. In order to reduce inflation, the Central Bank raises the key rate, which leads to a temporary decrease in inflation, but as a result, loan rates in commercial banks increase, which reduces the growth rate of the economy.
Now, when choosing an energy source, natural gas is preferable in price in comparison with electricity. This is a consequence of the fact that the price of electricity was arbitrarily inflated during the privatization of the electric power industry. It is necessary to establish comprehensively reasonable prices for gas and electricity, taking into account the safety of their use.
So, market methods of managing the economy should be used together with centralized planned ones, which we hurried to abandon with perestroika. Therefore, finally, it is necessary to put into effect the Law No. 172-FZ “On Strategic Planning in the Russian Federation”, adopted on 06/28/2014, eight years ago.
Keywords: state economy, free market economy, dialectical combination of different forms of organization, finance, key rate, working capital, credit, energy, energy price, electrification, centralized planning.
Work bibliographic list
1. Glazyev S. Yu. On fundamental issues of development. [Electronic resource]. – Access mode: https://aurora.network/articles/153-geopolitika/103254-rossija-vojuet-za-sokhranenie-chelovechestva (date of access: 06/21/22).
2. Sapozhnikov G. N. Features of state regulation of the Russian economy in the transition to modern market relations // Innovations and investments. – 2018. – No. 7. – P. 49-52.
3. Sapozhnikov G. N. Dialectics of the ratio of market and planned components in the economy // Discussion. – 2015. – No. 4. – P. 55-63
4. Sapozhnikov H. N. The Prerequisite for Successful Development of Economy is a Combination of Market and State-Controlltd Form of Its Organization (The condition for the successful development of the economy is a combination of market and state forms of its organization). International scientific conference – science and innovation 2021: development directions and priorities. – Melbourne, Australia, 2021.
5. Rogers A. Financial post-capitalism. [Electronic resource]. – Access mode: https://alexandr-rogers.livejournal.com/1299233.html. (date of access: 24.08.22).
6. The Chinese Central Bank cut two key rates to support the economy. (date of access: 22.08.22).
7. Park of drilling equipment in the Russian Federation. [Electronic resource]. – Access mode: https://dprom.online/oilngas/park-neftyanogo-burovogo-oborudovaniya-v-rossii-trebuet-modernizatsii/ (date accessed: 24.08.22).
8. State plan for the electrification of Russia (GOELRO). [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/GOELRO. (date accessed: 25.08.22).
ECONOMY. RIGHT. SOCIETY
SULEYMANOVA Aminat Musaevna
Ph.D. in historical sciences, associate professor, Head of Economic, legal and general education disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
DEVELOPMENT AND PROBLEMS OF CONSUMER LENDING
At present, the purchasing power of the population has been declining in the country for some time, which directly affects lending to individuals. Today, it is necessary to think over changes in lending to individuals, to prepare well-thought-out ways for banks to implement a credit policy in relation to individual customers, and to effectively manage its risks. In the current situation in the banking system, lending to individuals has somewhat stopped, but interest in further research on issues of bank lending to individuals remains very relevant.
Keywords: banks, individuals, consumer lending, credit cards.
Work bibliographic list
1. Korobeynikova O. M. Consumer lending tools in the context of COVID-19 // Bulletin of the Volgograd University. Economics – 2021. – T. 23. – No. 4. – P. 187.
2. How to search for insights for a digital product when there are almost no best practices in the market. – [Electronic resource]. – Access mode: https://markswebb.ru/blog/digital-pos-credits/ (date of access: 07/27/2022).
3. Multidirectionality is one of the main elements of Mastercard’s strategy for the next 10-15 years, 2021. – [Electronic resource]. – Access mode: https://plusworld.ru/daily/platezhnyjbiznes/aleksejmalinovskijmultinаpravlennost-odin-iz-osnovnyhelementov-strategii-mastercard-na-blizhajshie-10-15-let (date of access: 06/01/2022).
4. The average size of consumer credit fell sharply in October. – [Electronic resource]. – Access mode: https://bki-okb.ru/press/media/sredniy-razmer-potrebitelskogo-kredita-rezko-sokratilsya-v-oktyabre/ (date of access: 05/16/2022).
5. Transformation of retail financial services under market shocks / O. M. Korobeynikova [et al.] // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series: Social Sciences. – 2020. – No. 4 (60). – S. 15-22.
6. Central Bank: more than half of Russians cannot imagine their life without bank card payments, 2021. – [Electronic resource]. – Access mode: https://plusworld.ru/daily/cat-analytics/tsb-bolshinstvo-rossiyan-ne-predstavlyayut-svoyu-zhizn-bez-raschetov-ba (date of access: 06/01/2022).
ECONOMY. RIGHT. SOCIETY
TREGUBOVA Valentina Mikhaylovna
Ph.D. of economical sciences, associate professor of Economics and management sub-faculty of the G. R. Derzhavin Tambov State University
MYALKINA Anna Frankovna
Ph.D. of economical sciences, associate professor of Economics and management sub-faculty of the G. R. Derzhavin Tambov State University
WEISS Elena Vladimirovna
Ph.D. of economical sciences, lecturer of Business and development of professional skills sub-faculty of the G. R. Derzhavin Tambov State University
LEGALITY OF TAX SETTLEMENTS WITH THE BUDGET ON OVERPAYMENTS
In the practice of taxpayers’ settlements with tax authorities, along with arrears, there are situations with overpayments that may arise for various reasons. For example, the amount of advance payments exceeded the amount of tax accrued for the year. Also, an overpayment may occur as a result of an error in the tax return or in the settlement and payment document.
Keywords: budget, tax calculations, overpayment, refund, insurance premiums.
Work bibliographic list
1. Tax Code of the Russian Federation (Part I) dated July 31, 1998 N 146-FZ (as amended and supplemented, effective from July 1, 2022).
2. On Amendments to Part One of the Tax Code of the Russian Federation: Federal Law No. 379-FZ dated November 29, 2021.
3. Nikitina V. Yu. Offset or refund of tax overpayment // Accounting. 2022. No. 4. [Electronic resource] – Access mode: https://its.1c.ru/db/buhmag#content:24970:hdoc
4. Site Clerk.Ru. [Electronic resource] – Access mode: https://www.klerk.ru/buh/articles/528500/
5. Internet resource for accounting. [Electronic resource] – Access mode: https://buh.ru/articles/documents/150033/
ECONOMY. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty of the Tyumen Industrial University
FUNDAMENTAL PRINCIPLES OF THE INTERNATIONALIZATION OF TRANSPORT INFRASTRUCTURE
The article is dedicated to the development of international transport infrastructure, the development of a strategy mechanism that would combine a number of sequential actions, such as preparing and making decisions, organizing and monitoring the implementation of decisions, summarizing and evaluating results. A systematic approach to building such a mechanism involves the search for methodological principles for the internationalization of transport infrastructure, which are presented in this article.
Keywords: internationalization, international transport infrastructure, international transport corridors, integration.
Work bibliographic list
1. Actual problems of international relations and foreign policy in the XXI century / V. A. Avatkov, T. V. Kashirina, M. Yu. Apanovich [and others]; Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation. – 5th edition. – Moscow: Publishing and Trade Corporation “Dashkov and K”, 2022. – 411 p.
2. Kizim A. A. Internationalization of transport as a prerequisite for the development of world trade // Transport Bulletin. – 2016. – No. 1. – S. 23-26. DOI: 10.7256/2453-8906.2016.1.20035
3. Klochkov V. N., Kurbatova E. S. Methodical bases of the analysis of adaptive properties of logistics systems // Povolzhsky trade and economic journal. – 2014. – No. 1 (35). – S. 46-52.
4. Nekhoroshkov V. P. Internationalization of the transport complex as a factor of Russia’s integration into the world economy: dis. … doc. economy Sciences: 08.00.14 / Lomonosov Moscow State University. – Moscow, 2015. – 459 p.
5. Smirnova O. Yu. Study of the adaptability of freight transport systems to market conditions // Bulletin of the Moscow Automobile and Road Institute (State Technical University). – 2009. – No. 3 (18). – S. 67-70.
6. Sokolov B. V., Mirotin L. B., Nekrasov A. G. Development and implementation of the methodology and methods of joint multicriteria synthesis and adaptive management of the creation, application and development of functionally sustainable integrated transport, logistics and information systems of the new generation // Transport Bulletin. – 2011. – No. 6. – S. 25-30.
7. Chumlyakov K. S. Methodological approach to the development of international transport infrastructure in the context of the internationalization of world economic relations // Development of territorial socio-economic systems: issues of theory and practice: Proceedings of the XVII International Scientific and Practical Conference of Young Scientists, Yekaterinburg, March 11–12, 2020 year, 2020. – S. 204-207.
8. Chumlyakov K. S. Transport infrastructure in the perimeter of the macro-territorial structure of the world economy, economy of the country and regions // New technologies for the oil and gas region. Proceedings of the International Scientific and Practical Conference of Students, Postgraduates and Young Scientists, 2019. – P. 155-157.
ECONOMY. RIGHT. SOCIETY
SHALAGINOVA Natalya Alekseevna
Ph.D. in science philosophicals, associate professor of Social and economic and humanitarian disciplines sub-faculty of the Rostov branch of the Russian State University of Justice
THE IMPACT OF ECONOMIC SANCTIONS ON ECONOMIC SECURITY AND THE RUSSIAN FOOD MARKET IN MODERN CONDITIONS
The scientific article identifies the main problems associated with the application of sanctions by the European Union and the United States and the impact of sanctions measures on Russia’s economic and food security. The positive and negative consequences of the use of sanctions policy instruments on the modern Russian economy are considered. Statistical data containing a list of prohibited imported goods from countries that have imposed economic sanctions against our country are presented and analyzed; the volume of exports and imports; the share of production of the main types of domestic import-substituting food products. Further threats and prospects of the war sanctions are being assessed.
Keywords: economic sanctions, economic security, food security, import substitution, Russian economy, economic measures, food market, competitiveness.
Work bibliographic list
1. Sergeeva O. Yu. Economic consequences of sanctions for the Russian economy // Questions of Economics and Management. – 2017. – No. 1 (8). – S. 134-137. – [Electronic resource]. – Access mode: https://moluch.ru/th/5/archive/51/1911/ (date of access: 08/11/2022).
2. Shalaginova N. A. Food security of the Russian economy in modern conditions and the role of state regulation of agricultural imports in its provision // International scientific readings (in memory of I. I. Polzunov): collection of articles of the international scientific and practical conference (Moscow, 16.02. 2019, Moscow). – Moscow: EFIR, 2019. – S. 56-61.
3. Economic sanctions against Russia: expectations and reality / Team of authors; ed. R. M. Nureeva. – Moscow: KNORUS, 2017. – 194 p.
4. Kravchenko A. A., Sergeeva O. O. The impact of sanctions on the food security of Russia: a vector for import substitution // Nauka i Mir. – 2015. – T. 1. – No. 8. – P. 80-83.
5. Shalaginova N. A. Import substitution policy as a factor in the development of domestic production and the formation of national competitiveness // Humanitarian, socio-economic and social sciences. – 2019. – No. 8. – S. 212-215.
6. Laitman V. I. International legal sanctions as a means of legal restrictions // Science and peace. – 2018. – T. 3. – No. 5. – S. 17-19.
7. Sayiyan K. V., Ason T. A. Economic security of Russia under international sanctions. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_44930690_73055703.pdf (date of access: 08/16/2022).
ECONOMY. RIGHT. SOCIETY
SULEYMANOVA Aminat Musaevna
Ph.D. in historical sciences, associate professor, Head of Economic, legal and general education disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
PROSPECTS FOR THE DEVELOPMENT OF THE RETAIL LENDING MARKET AT THE PRESENT STAGE
Lending has been firmly taken the place of the main type of active banking activity, since the successful implementation of credit operations leads to the receipt of the main income of banks, contributes to increasing their reliability and stability. Lending to individuals is inextricably linked with the social sphere, because it directly affects the living conditions of the population and contributes to their improvement. Despite the emerging problems of the retail lending market, the need for further study of theoretical and practical issues of bank lending to individuals remains very relevant.
Keywords: lending to individuals, retail loans, mortgages, car loans.
Work bibliographic list
1. Banking sector: results of the 1st quarter of 2022. – [Electronic resource]. – Access mode: https://www.banki.ru/news/research/?id=10966543 (date of access: 05/25/2022).
2. Bankruptcy. Unified federal register of bankruptcy information. – [Electronic resource]. – Access mode: https://bankrot.fedresurs.ru/ (date of access: 04/15/2022).
3. Vilde O. Do not expect retribution. Russians are going into personal bankruptcy in orderly rows. – [Electronic resource]. – Access mode: https://newprospect.ru/news/articles/rasplaty-ne-zhdite-rossiyane-stroynymi-ryadami-ukhodyat-v-lichnye-bankrotstva/ (date of access: 04/12/2022).
4. Will lending recover to last year’s values. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/finance/articles/2022/05/20/923016-vosstanovitsya-li-kreditovanie-do-proshlogodnih-znachenii.
5. Neverov A. Apathy as a premonition. The expectations of the population in the second quarter are not yet shifting towards optimism. – [Electronic resource]. – Access mode: https://bosfera.ru/bo/apatiya-kak-predchuvstvie/ (date of access: 06/15/2022).
6. Overview of the situation in the banking sector in April 2022. – [Electronic resource]. – Access mode: https://riarating.ru/finance/20220606/630223529.html (date of access: 06/10/2022).
7. Retail lending is out of shock. – [Electronic resource]. – Access mode: https://expert.ru/2022/06/8/roznichnoye-kreditovaniye-vyshlo-iz-sostoyaniya-shoka/
8. The rate is down, transfers abroad and banks have sharply reduced the issuance of loans. – [Electronic resource]. – Access mode: https://frankrg.com/65184 (date of access: 06/10/2022).
ECONOMY. RIGHT. SOCIETY
DUDIN Konstantin Borisovich
postgraduate student of the Siberian Federal Scientific Center of Agrobiotechnologies of the Russian Academy of Sciences
ON THE NEED FOR STATE REGULATION OF INVESTMENT ACTIVITIES IN THE FIELD OF AGRICULTURE
This article shows the role of the agro-industrial complex and the investment attractiveness of agricultural enterprises; substantiates the need for investment in agriculture, as well as the use of incentive mechanisms by the state; the factors that have a significant impact on the deterioration of the investment climate in agriculture have been identified; highlighted the conditions designed to ensure and develop the investment climate in agricultural sectors.
Keywords: investments, investment policy, agriculture, agricultural sector.
Work bibliographic list
1. Abdulragimov I. A. Investment activity in the agro-industrial complex of the Russian Federation: problems and ways of development // Economics and management of the national economy. – 2020. – No. 4 (137). – S. 79-81.
2. Bezpalov V. V., Rutsky I. M. Problems and opportunities for the production of import-substituting agricultural products on the territory of the Bryansk region // Young scientist. – 2019. – No. 9. – P. 535-540.
3. Semina L. A. State support for the development of investment and innovation activities in the region // Bulletin of the Altai State Agrarian University. – 2018. – No. 11 (109). – S. 117-122.
4. Margolin A. M. Investments. – M.: Publishing House of the RAGS, 2016. – 461 p.
ECONOMY. RIGHT. SOCIETY
NIGMATULLIN Shamil Irekovich
postgraduate student of the Ufa State Petroleum Technical University
DIGITAL INNOVATION PROJECTS FOR THE DEVELOPMENT OF THE REGION
The article presents an analytical review on the implementation of innovative projects for the development of the constituent entities of the Russian Federation in the context of the digitalization of socio-economic processes. Particular attention is paid to projects for the development of innovative infrastructure in the field of digitalization of public administration at the regional level and the large-scale implementation of Industry 4.0 technologies for public administration, education, healthcare and business.
Keywords: digitalization, innovation processes, innovation development, innovation projects, public administration, Industry 4.0 technology, innovation cluster.
Work bibliographic list
1. Nigmatullin Sh. I. Analysis of innovative development of Russian regions / Audit and financial analysis. – 2020. – No. 5. – C. 144-147.
2. Leibert T. B., Tretyakov K. A. Management of innovative processes of enterprise development. – Monograph. – Ufa, 2012. – P. 91.
3. Nigmatullin Sh. I. On improving the model of forecasting innovative regional development // Cooperation and Sustainable Development. Series Title “Lecture Notes in Networks and Systems”. – Volume 245. –2022. – Chapter 181. – P. 1557-1567.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Natalya Grigorjevna
Ph.D. in science philosophicals, professor, Head of History and philosophy of law sub-faculty of the Pyatigorsk Institute (branch) of the North-Caucasian Federal University
TRANSFORMATION OF THE IDEALS OF FREEDOM AND SOCIAL JUSTICE IN PHILOSOPHICAL CONCEPTS
The study examines the main categories of socio-philosophical thought: freedom and social justice, within the framework of the transformation of philosophical concepts. The object of the study is society as a set of individuals connected to each other by social relations on contractual or contractual principles. The subject of the study is social justice and freedom as criteria for the relationship of individuality and society. The aim of the research is to formulate philosophical concepts reflecting the transformation of the concepts of the ideals of freedom and social justice in historical retrospect. The methodology of the research is a socio-philosophical approach, as the main tool for the study of social processes and phenomena of social existence. The result of the research is a meaningful formulation of four philosophical concepts: liberalism, utilitarianism, egalitarianism, procedural justice. The content of the concepts, the meaning and significance of the socio-philosophical categories of the ideals of freedom and social justice are presented within the framework of the presented philosophical concepts.
Keywords: justice, welfare, social contract, individual freedom, welfare, social philosophy.
Work bibliographic list
1. De Roover J., Balagangadhara S. N. John Locke, Christian liberty, and the predicament of liberal tolerance // Political Theory. – 2008. – T. 36. – No. 4. – S. 523-549.
2. Sandel M. Liberalism and the Limits of Justice // Debates in Contemporary Political Philosophy. – Routledge, 2005. – S. 150-169.
3. Young, Shaun Beyond Rawls: An Analysis of the Concept of Political Liberalism. – Lanham, MD: University Press of America, 2002. – ISBN 978-0-7618-2240-0.
4. Rosen F. Classical utilitarianism from Hume to Mill. – Routledge, 2005. – P. 304. – DOI: 10.4324/9780203987353.
5. Balashov DV Distributive theories of justice: from utilitarianism and vice versa // Antinomies. – 2021. – T. 21. – No. 3. – S. 7-29.
6. Dutta B., Ray D. A concept of egalitarianism under participation constraints // Econometrica: Journal of the Econometric Society. – 1989. – S. 615-635. – DOI: 10.2307/1911055.
7. Rawls J. Justice as fairness: A restatement. – Harvard University Press, 2001. – P. 214.
8. Khairullin V. A., Makar S. V., Yamalova E. N. Inertia in socio-economic systems: theoretical and heuristic analysis of the phenomenon // Discussion. – 2021. – No. 5 (108). – S. 88-104. – DOI 10.46320/2077-7639-2021-5-108-88-104. – EDN ZNUDXK.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Aleksandrovich
Ph.D. in science philosophicals, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
THE ECOPHILIC PHILOSOPHY OF POPE FRANCIS
The article reveals the views of Pope Francis as one of the most influential leaders on the planet, carrying out fruitful ecophilic activities in support of environmental programs and environmental protection at the global level. The anthropocentrism of the integral ecology of Pope Francis has the following strategic function: to highlight the problems of people vulnerable to the destructive impact of an ecological catastrophe. Investing in the ecoethics of care encyclicals enhances its global appeal to audiences of diverse religious and secular backgrounds.
Keywords: Pope Francis, ecophilic philosophy, ecology, environment.
Work bibliographic list
1. Boreyko V. E. Philosophers of animal protection and environmental protection. K.: Logos, 2012, 180 p.
2. Zubkov S. A. Criteria of religious ecophilia. News of the Irkutsk State University. Series “Political Science. Religious Studies”. 2019. Volume 28. P. 92-100. Doi.org/10.26516/2073-3380.2019.28.92.
3. Zubkov S.A. Ecophilic beginning of vegetarianism // Bulletin of the Vyatka State University. 2020. No. 2 (136). pp. 43-49.
4. Zubkov S. A. Ecotheological image of Francis of Assisi in Christian philosophy. Eurasian legal journal. 2021. No. 7 (158). pp. 517-518
5. Zubkov S. A. Ecophilic philosophy and Christian theological projects. Eurasian legal journal. 2021. No. 11 (162). pp. 544-547
6. Zubkov S. A. Ecophilic programs of religious leaders. Religion, science and theology: challenges and problems of our time: Sat. scientific report / Ed. E. I. Arinina. Vladimir: Arkaim, 2021. T. 37. S. 391-396.
7. Roald E. Christiansen Ecotheology. Arkhangelsk: Pomor State Publishing House. University named after M.V. Lomonosov, 2002, 297 p.
8. Pope: By serving the outcast and the needy, we serve Christ. [Electronic resource]. – Access mode: https://www.vaticannews.va/ru/pope/news/2021-05/papa-sluzha-otverzhennym-i-nuzhdayushimsya-my-sluzhim-hristu.html
9. The Pope is on the side of ecology. [Electronic resource]. – Access mode: https://zerowaste.in.ua/begreen/papa-rimskij-na-storo.
10. Encyclical of Pope Francis: On caring for a common home. [Electronic resource]. – Access mode: https://www.vatican.va/content/francesco/en/encyclicals/documents/
11. Timoshchuk A.S., Zubkov S.A., Cognitive types of culture // Proceedings 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.
12. Timoshchuk A.S., Zubkov S.A. Religion and anthropogenic impact on natural ecosystems // Actual problems of biology and ecology. Grozny: ChGU, 2019, pp. 124-129.
PHILOSOPHY. RIGHT. SOCIETY
IVANOVA Evgeniya Vladimirovna
Ph.D. in science philosophicals, associate professor, professor of Ontology and theory of knowledge sub-faculty of the first President of Russia B. N. Yeltsin Ural Federal University
MELNIKOVA Elena Vladimirovna
Ph.D. in science philosophicals, associate professor of Ontology and theory of knowledge sub-faculty of the first President of Russia B. N. Yeltsin Ural Federal University
ALL-RUSSIAN CIVIC IDENTITY AND VECTORS OF NEW SPIRITUALITY
In the article, based on the analysis of legal documents, methodological materials in the field of regulation of national and religious relations, youth policy and education in Russia, a hypothesis is put forward about the presence of a special element in the composition of national security – spiritual security. Spiritual security is understood as the security of vital values that form the basis of Russian identity and a single cultural (civilizational) code of the Russian people. In the study of spirituality, the authors use the concept of forms of spirituality and religion (cosmocentrism, egocentrism, sociocentrism), developed by the outstanding Ural scientist D.V. Pivovarov. The new spirituality is expressed through the ideologemes “Russian nation”, “all-Russian civic identity”, “single cultural (civilizational) code of the Russian people” is considered by the authors as an attempt to create a “hard core” of sacred values of a single Russian culture and harmonize the ideals of cosmocentrism, sociocentrism and egocentrism.
Keywords: national security, religion, spirituality, traditional religions, traditional Russian values, civic unity. cosmocentrism, egocentrism, sociocentrism.
Work bibliographic list
1. Bespalenko P.N. Spiritual Security in the National Security System of Modern Russia: Problems of Institutionalization and Solution Models. Abstract for the competition scientist step. doc. polit. Sciences. – Rostov-on-Don, 2009. – 54 p.
2. Kalugina I.V. The existence of the lexeme “spirituality” in the Russian language // Philological Sciences. Questions of theory and practice. – 2021. – T. 14. No. 6. – S. 1733-1736.
3. Kolkunova K.A., Malevich T.V. The concept of “spirituality” in modern Russian literature // Bulletin of the Orthodox St. Tikhon University for the Humanities. Series I: Theology. Philosophy. – 2014. – no. 6 (56). November December. pp. 72-88
4. Fromm E. Healthy society. – M.: AST: AST Moscow, 2009. – 448 p.
5. Pivovarov D.V. Categories of ontology: textbook; Ministry of Education and Science Ros. Federation, Ural. feder. un-t. – Yekaterinburg: Ural Publishing House. un-ta, 2016. – 500 p.
6. Kutuzovskaya A.S., Kuzmenko G.N. Spiritual security as a factor of sustainable development // Philosophical sciences. Social policy and sociology. – 2017. – No. 6. V. 16. – S. 110-113.
7. Stepanova E. A. New spirituality and old religions // Religious Studies. – 2011. – No. 1. – P. 132-136.
8. Pivovarov D.V. sociocentric religions. Ural. feder. un-t. – Yekaterinburg: Ural Publishing House. un-ta, 2015. – 515 p.
9. Rutkevich E.D. “Sociology of spirituality”: problems of formation // Bulletin of the Institute of Sociology. – 2014. – No. 2 (09). – S. 53-57.
10. Chernyshkova Z.E. New spirituality and its implementation in new religious movements / 90 years of Viktorov V.P. Materials of the round table “Religion and religious studies in the Urals”. – Yekaterinburg, 2018. – S. 56-58.
11. Aupers S., Houtman D. Religion beyond God. Relocating the Sacred to the self and the Digital – Religions of Modernity / Ed.by St. Aupers & D. Houtman. Leiden and Brill, 2010. 273 p.
12. Heelas P. et al. 2005. The Spiritual Revolution. Why Religion is giving a Way to Spirituality / Heelas P., Woodhead L., Seel B., Szerszynski, Tusting K. USA, UK, Ausralia: Blackwell Publishing. 204 p.
13. Rutkevich E.D. “Sociology of spirituality”: problems of formation // Bulletin of the Institute of Sociology. – 2014. – No. 2 (09). – S. 56-58.
14. Pivovarov D.V. Praxeology of religion: textbook. allowance. – Yekaterinburg: Ural Publishing House. un-ta, 2010. – 474 p.
15. Legoyda V. Civil religion: pro et contra // State. Religion. Church. In Russia and abroad. – 2002. – No. 2. – S. 54-65.
16. Sztompka Petr. Cultural trauma in post-communist society. Article two. Sociological research. 2001 No. 2 S. 3 – 7.
17. Tishkov V.A. Russian people: history and meaning of national self-consciousness; Institute of Ethnology and Anthropology. N.N. Miklukho-Maclay RAS. – M.: Nauka, 2013. – 649 p.
18. Cultural complexity of modern nations / Otv. ed. V.A. Tishkov, E.I. Filippova; Institute of Ethnology and Anthropology. N. N. Miklukho-Maklay RAS. – M.: Political Encyclopedia, 2016. – 384 p.
19. The social concept of the Russian Orthodox Church. – M.: Danilovsky Blagovestnik, 2001. – S. 58-59.
20. Birgalin A. Muslim, Russian, citizen // Vatandash. – 2021. – No. 11 (302). – S. 61-64.
PHILOSOPHY. RIGHT. SOCIETY
Alexander KALAGANOV
priest, Moscow Theological Academy, cleric (priest) of the Orthodox parish of the Cathedral of the Transfiguration of the Lord in Nizhny Novgorod, teacher of the Nizhny Novgorod Theological Seminary
CRITICAL EVALUATION OF THE EUCHARISTIC ECCLESIOLOGY OF PROTOPRESBYTER NIKOLAY AFANASYEV IN THE WORKS OF MODERN RESEARCHERS
The article discusses the main critical assessments of modern researchers of Eucharistic ecclesiology of the largest representative of the Russian theology of emigration – protopresbyter Nikolay Afanasyev. The theological heritage of the thinker represents an important page in the history of the development of Russian thought, attracting the attention of a large number of theologians, philosophers, religious scholars and church historians in the modern era. Protopresbyter Nikolay Afanasyev was one of the first who tried to raise the problem of ecclesiological consciousness, the nature of the Church and its connection with the Eucharist. Despite this, recently studies have begun to appear aimed at criticizing various aspects of the Eucharistic ecclesiology of the theologian of Russian emigration, which will be discussed in the article.
Keywords: Nikolay Afanasyev, Eucharistic ecclesiology, Church, Eucharist, theology.
Work bibliographic list
1. Aleksandrov VV Nikolai Afanasiev and his Eucharistic ecclesiology. – M .: St. Philaret Orthodox Christian Institute, 2018.
2. Afanasiev N., Protopresv. Church of God in Christ: a collection of articles. – M.: PSTGU, 2015.
3. Vasily (Krivoshein), archbishop Catholicism and structures of the Church //Theological works. – Nizhny Novgorod: Publishing House “Christ. library”, 2011.
4. Gzgzyan D. M. Significance and prospects of the ecclesiological theory of Protopresbyter Nikolai Afanasiev // Bulletin of the St. Philaret Institute. – M., 2017. – No. 24.
5. Zadornov A., priest. Modern problems of Russian church law // Official website of Bogoslov.ru. – [Electronic resource]. – Access mode: https://bogoslov.ru/article/220951? (date of access: 05/04/2022).
6. Zernov N. Russian religious revival of the XX century. – Paris: YMCA-press, 1974.
7. John (Zizioulas), Met. Being as communication: essays on personality and the Church. – M .: St. Philaret Orthodox Christian Institute, 2006.
8. John (Zizioulas), Met. Church and Eucharist: Collection of articles on Orthodox ecclesiology. – Yoshkar-Ola: Mother of God-Sergius Hermitage, 2009.
9. Kallistos (Ware), Met. Inner Kingdom. – Kyiv: Litera, 2004.
10. Schmemann A., prot. Memory about. Nikolai Afanasyev // Collection of articles 1947 – 1983. – M .: Russian way 2009.
PHILOSOPHY. RIGHT. SOCIETY
KONOPLEVA Anna Alekseevna
Ph.D. in science philosophicals, associate professor, Deputy Head of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
SHEINA Darya Artemovna
student of the 5th course of the Crimean branch of the Krasnodar University of the MIA of Russia
RELIGIOUS EXTREMISM, ITS TYPES, FEATURES OF MANIFESTATION ON THE TERRITORY OF THE REPUBLIC OF CRIMEA
The article raises the problem of the emergence, existence and spread of religious extremism in the territory of the Republic of Crimea. The danger of extremism as such is considered, as well as the features of religious extremism: how it can arise, in what forms it can exist, with all the geographical and historical features of the Republic of Crimea.
Keywords: extremism, religion, religious extremism, the Republic of Crimea, worldview, state security, life and health, religious associations, extremist movements.
Work bibliographic list
1. Chudina-Schmidt N. V., Gomenko Yu. O. Personality features as a prerequisite for the manifestation of antisocial behavior // Eurasian Law Journal. – 2021. – No. 8 (159). – S. 491.
2. Konopleva A. A. Changing religious affiliation as an actual trend of the religious worldview of modern man // Eurasian legal journal. – 2017. – No. 4 (107). – S. 412.
3. Chelpanova M. M. Main threats and stages of terrorist financing // Information and telecommunication technologies in countering extremism and terrorism. Materials of the All-Russian scientific-practical conference. Editorial Board: A. V. Eskov, A. S. Arutyunov, K. I. Rudenko [and others]. – Krasnodar, 2021. – P. 145.
4. Butkevich S. A. Criminological portrait of the personality of the Crimean extremist and terrorist (based on sociological research) // Ensuring public safety and counteracting crime: tasks, problems and prospects. Materials of the All-Russian scientific-practical conference. – 2020. – P. 59.
5. Konopleva A. A., Nikitina L. N., Chudina-Schmidt N. V. Analysis of socio-cultural and psychological prerequisites for the development of extremism in the Crimean Federal District // Scientific Research and Development. Socio-humanitarian research and technology. – 2016. – T. 5. – No. 3. – P. 54.
6. Khutko TV Mohammedan spiritual court in the Tauride province (late XVIII – first half of the XIX century) // Problems of law. – 2013. – No. 124. – P. 191.
PHILOSOPHY. RIGHT. SOCIETY
KRASNOPEROV Denis Viktorovich
priest Dionysius Krasnoperov, Moscow Theological Academy
HISTORIOSOPHICAL REPRESENTATIONS IN THE LAURENTIAN CHRONICLE
The article deals with the phenomenon of the historiosophical consciousness of the Russian scribe of the XIV century on the example of the Laurentian Chronicle. A special place is given to the analysis of the influence of the Orthodox tradition on the perception of the place of Russia in the sacred and world history by the Russian medieval thinker. Thus, the Laurentian Codex contains not just a chronological account of events, but an original interpretation of ancient Russian history. The poetics of the vault is distinguished by the monumentalism characteristic of the Christian linear dynamism of history, which consists in the movement from the creation of the world to the eschaton. At the same time, from the point of view of the authors, familiarization with the main events and dates of the history of Russia eschatologically meant simultaneous familiarization with the Sacred Biblical history.
Keywords: historiosophy, Laurentian chronicle, Dionysius of Suzdal, philosophy of history, church history.
Work bibliographic list
1. Gartman A. V. Chronology of Batu’s campaign against northeastern Russia // Proceedings of the Altai State University. – Barnaul, 2008. – No. 4 (2). – S. 17-21.
2. Ivkov D. E. Comparison of historical characters with biblical ones in the annals of pre-Mongol Rus // Analytics of Cultural Studies. Electronic scientific publication No. State. registration 0420900022 – Tambov: TGU, 2009. – No. 2.
3. Chronicle according to the Laurentian list. Edition of the Archaeographic Commission. – St. Petersburg, 1872.
4. Likhachev D. S. Great heritage. Classical works of literature of Ancient Russia. – M.: Azbuka, 2014. – 480 p.
5. Uspensky B. A. Boris and Gleb: Perception of history in Ancient Russia. – M.: Languages of Russian culture, 2000. – 124 p.
PHILOSOPHY. RIGHT. SOCIETY
KULESHOV Valeriy Ermolaevich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the S. O. Makarov, Pacific Higher Naval College, Vladivostok
DANILCHENKO Sergey Alekseevich
Ph.D. in science philosophicals, associate professor, Head of Humanitarian and socio-economic disciplines sub-faculty of the S. O. Makarov, Pacific Higher Naval College, Vladivostok
DEATH AND MEANING OF LIFE: DIALECTICS OF INTERCONNECTION
The article typical represents variants of a human’s attitude to his future death and reveals their interconnection with the meaning of an individual’s life. The paper deals with the problem of how the fact of human mortality influences the value of human life as well as examines the possibility of overcoming the fear of death. The authors prove that wishing the biological immortality is an individual’s mental error. The deeds, feats, ideas and feelings of a person may become immortal. But they must be devoted to multiplying goodness in the world, in other words they must be moral. In that case the human culture absorbs, upholds and hands them over to future generations of people.
Keywords: meaning of life, death, immortality, fear of death, spirituality, morality, values.
Work bibliographic list
1. Dostoevsky F. M. Diary of a writer. Featured Pages. – M.: Sovremennik, 1989. – 557 p.
2. Eccl. 1.18.
3. Montaigne M. Experiments. Selected chapters. – M.: Pravda, 1991. – 656 p.
4. Matt. 22.39.
5. Pushkin A. S. Star of captivating happiness. – M .: Military Publishing House, 1990. – 496 p.
6. Sartre J.-P. Existentialism is humanism // Twilight of the Gods: a collection of works. – M.: Politizdat, 1989. – S. 319-345.
7. Seneca. Moral letters to Lucilius // If you want to be free / Seneca et al. – M .: Politizdat, 1992. – P. 7-110.
8. Spinoza B. Ethics, proven in geometric order // Selected. – Mn.: Potpourri LLC, 1999. – S. 313-590.
9. Sukhomlinsky V. A. The need of a person in a person. – M.: Politizdat, 1984. – 123 p.
10. Tolstoy L. N. Confession // I can not be silent. – M.: Sov. Russia, 1985. – S. 39-98.
11. Epicurus. Epicurus welcomes Menekey // Man: Thinkers of the past and present about his life, death and immortality. – M.: Politizdat, 1991. – S. 125-128.
12. Jaspers K. Philosophical faith // The meaning and purpose of history. – M.: Politizdat, 1991. – S. 420-508.
PHILOSOPHY. RIGHT. SOCIETY
LATYPOVA Aigul Robertovna
competitor of Philosophy and cultural studies sub-faculty of the Bashkir State University
SOCIAL FORECASTS AND UTOPIAN PROJECTS OF THE MODERN ERA
This article investigates social forecasts and utopian projects of the modern era. The author develops the idea of cultural creation through the prism of self-consciousness. Based on the reconstruction of Fichtean “science of knowledge”, the article concludes that even the most extreme limits of nature should be beautiful. The social forecasts and utopian projects of the era are coupled with joy and a sense of pride in man, in his talent that brings people together. The ideals that man has endured encapsulate a moral sense that opposes the panicked mood of the “self-destruction” of civilization. Social projections, in general, eschew utopian projects that shape human consciousness. But the process of internationalization of life accelerates the process of integration of social and cultural development.
Keywords: social forecast, utopian project, modern era, the extreme limits of nature, pride in man and his talent, social ideals, the process of internationalization of life, social and cultural creativity.
Work bibliographic list
1. Jaspers K. Philosophie und Welt. – Munchen, 1963. – S. 130-140.
2. Frolov I.T. About man and humanism: Works of different years. – M.: Politizdat, 1989 – 559 p.
3. Moore F. History of organ transplantation. – M., 1978; Mattson P. Regeneration – present and future. – M., 1982.
4. Bilibin A.F., Tsaregorodtsev G.I. On clinical thinking (philosophical and deontological essay). – M., 1973.
5. Lejeune J. Genetics and mental health // Genetics of human welfare. – M., 1981. – S. 92.
6. Ibid. – S. 92.
7. Frolov I.T. About man and humanism: Works of different years. – M.: Politizdat, 1989. – 559 p.
8. Hegel. Aesthetics: In 4 vols. – M., 1968. – T. 1.
9. Akhmadullina B. poems. – M.: Eksmo, 2008. – 480 p. – (World Poetry Library).
10. Astaurov B.L. Homo sapiens et humanus – Man with a capital letter and the evolutionary genetics of humanity // New World. – 1971. – No. 10. – P. 224.
11. Schelling F. The system of transcendental idealism. – L., 1936. – S. 387.
12. Goethe I.V. About art. – M., 1975. – S. 590-591.
PHILOSOPHY. RIGHT. SOCIETY
ARCHIBASOV Maksim Evgenjevich
postgraduate student of Philosophy and cultural studies sub-faculty, assistant of political studies and public relations sub-faculty of the Faculty of Philosophy and Sociology of the Bashkir State University
IMITATION PHENOMENON: A SOCIAL AND PHILOSOPHICAL VIEW
In the article, the author found that the socio-philosophical analysis of the phenomenon of imitation is based on a variety of theoretical and methodological approaches as ways of philosophical understanding of social reality, which are implemented in the context of the worldview of a particular era and formulate a certain style of thinking, the philosophical tradition also contributed to the formation concepts of imitation; it is shown that in the postmodern era, imitation processes play a significant role in the life of a person and society, social imitation is an important feature, so the rapid development of these processes can distort people’s ideas about the relationship between the real and the imaginary, replacing one with another, creating a “simulacrum of a simulacrum”, “manipulated manipulator”, “information hoaxes” and “cultural fakes”, however, there is also a positive side of imitation, which forms new images and patterns of reality , therefore, in a normally developing society, imitation acts as a manifestation of the organic, when culture is presented as an imitation and reproduces what was previously existing as something new, formed in the course of the creative act.
Keywords: imitation, postmodern, artificial intelligence, text, simulacrum, culture, manipulation, real, imaginary, social imitation, political imitation, authenticity.
Work bibliographic list
1. Evdokimov V. A. Innovations in politics: the effect of imitation and imitation of the effect. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsii-v-politike-effekt-imitatsii-i-imitatsiya-effekta.
2. Zakirova T. V. Social imitation as a backbone feature of modern Russian society. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialnaya-imitatsiya-kak-sistemoobrazuyuschiy-priznak-sovremennogo-rossiyskogo-obschestva.
3. Imitation. [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/dic_music/82/
4. Komarova V. Ya. The doctrine of Zeno of Elea: an attempt to reconstruct the system of arguments. – St. Petersburg: Publishing House of Leningrad State University, 1988. – 264 p.
PHILOSOPHY. RIGHT. SOCIETY
DIAROV Vitaliy Olegovich
competitor of Philosophy and political science sub-faculty of the Faculty of Philosophy and Sociology of the Bashkir State University
ONTOLOGY OF HUMAN EVOLUTION THROUGH DIALECTICAL ANALYSIS OF THE FUTURE
Evolution is sometimes seen as an inevitable tendency towards more evolved, more complex, and more normative forms of life. This article discusses some undesirable situations in which free evolution gradually destroys all forms of existence that are important to us, while continuing to produce complex and intelligent forms of organization. The paper then considers how these negative consequences can be avoided, and argues that the only possible solution in some cases is globally coordinated control of human evolution, in which gene editing is modified to fit future intelligent life forms.
Keywords: ontology, philosophy, evolution, determination.
Work bibliographic list
1. Kasavin I. T. Constructivism: declared programs and unresolved problems // Epistemology and Philosophy of Science. – 2008. – No. 1. – P. 13.
2. Curlyin A.F. Levels of being in Fichte’s philosophical doctrine // Fichte and the end of the twentieth century: “I” and “Not-I”. – Ufa, 2002. – 351 p.
3. Shnol S. E. Is there enough time for Darwinian evolution? // Nature. – 1990. – No. 11. – S. 23-26.
4. Kudrin B. I. Metaphysics of technology // Technocenosis as an existing being and the science of technical reality. – Abakan, 1998. – S. 12-15.
5. Dawkins R. The most grandiose show on Earth. Evidence for evolution. – M.: Astrel: CORPUS, 2012. – S. 10-13.
6. Scott M. Campbell and Paul W. Bruno The Science, Politics, and Ontology of Life-Philosophy. – London: Bloomsbury, 2013. – P. 224.
REVIEW
MEDVEDEV Andrey Vitaljevich
Ph.D. in technical sciences, Director of the Institute of Additional and Distance Education of the Tyumen Industrial University
DEVELOPMENT OF REGIONAL CULTURE IN THE SYSTEM OF MODERN SOCIETY
At the end of May 2022, the XXV All-Russian Scientific and Practical (Jubilee) Conference “Suleimanov Readings” was held in Tyumen, in which more than 100 scientists from 20 regions, as well as from France, Turkey and the Republic of Kazakhstan took part. The relevance of the event is related to regional and global problems that arise due to a misunderstanding of the role of regional cultures and their influence in achieving the sustainable development of modern societies. Russian Federation.
Keywords: culture of the Siberian Tatars, native language, interethnic marriages, traditional culture, Siberian Tatars, ritual and festive culture
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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